DOJ Opinion No. 037, s. 1994

DOJ OPINION NO. 037 , s. 1994 April 4, 1994 Chairman Rosario N. Lopez Securities and Exchange Commission (SEC) SEC Building EDSA, Greenhills Mandaluyong, Metro Manila M a d a m : This refers to your request for opinion to whether or not a SEC official/employee who is designated as member of a Management Committee tasked to undertake the management of corporations/partnerships in danger of dissipation, loss or wastage, is entitled to an honorarium/allowance for actual services rendered to be paid by the corporation/partnership concerned. You said that you sought the opinion of the Civil Service Commission (CSC) on the issue and in reply, the CSC thru Dir. Nelson L. Acebedo stated that "unless specifically authorized by law, no elective or appointive public officer of employee shall receive additional, double or indirect compensation" and that "the law does not distinguish whether or not the additional compensation or honorarium are sources from private or government funds"; and that not being satisfied with this CSC ruling, you now seek further clarification or opinion on the matter. prcd We regret to have to decline your aforesaid request for opinion. As stated above, the Civil Service Commission has already ruled on the matter. By settled precedents and as a matter of courtesy, the Secretary of Justice does not render opinion on questions which have already been passed upon by other government officials/officers, over whose actuations he exercises no revisory authority, unless requested by the head of such office or agency (Secretary of Justice, Opns. No. 99, s. 1978; No. 9, s. 1980; Nos. 1 and 91, s. 1992; and No. 91, s. 1993). Very truly yours, (SGD.) FRANKLIN M. DRILON Secretary