DOJ Opinion No. 037, s. 1999

DOJ OPINION NO. 037 , s. 1999 May 17, 1999 Assistant Secretary Emmanuel M. Mariano Department of Education Culture and Sports DECS Complex, Meralco Avenue Pasig City Sir : This has reference to the request for opinion as to the status of Dormitories "D" and "E" which are currently being occupied by the Educational Development Project Implementing Task Force (EDPITAF), as a unit under the Office of the Secretary of Education, Culture and Sports. It appears that under the Philippine Sports Commission Act, the dormitories, together with several other structures at the University of Life Complex, were transferred to the Philippine Sports Commission in the form of "full control and management." prcd It also appears that the problem arose from the fact that a lease contract exists between the EDPITAF and the Philippine Sports Commission over the said dormitories and that the Resident Auditor of the DECS, however, disapproved the payment of rentals by the EDPITAF to the Philippine Sports Commission on the ground that the properties involved are owned by DECS. Hence, this query to ascertain which government agency is entitled to the ownership of Dormitories "D" and "E". With regret this Department is constrained to decline rendition of the opinion on the subject of the query. The Resident Auditor has already acted on the matter by disapproving the payment of rentals. By established policy and precedents, this Department does not review or express its views on the legal propriety of the official action of government officers over whose actuations this Department possesses no revisory authority (Secretary of Justice Ops. No. 70, s. 1998, No. 133, s. 1990, No. 21, s. 1985). Moreover, the issue involves the use of government property which will be dealt with ultimately by the Commission on Audit (COA), the agency which has the power, authority and duty "to examine audit and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and properties , owned or held in trust by, or pertaining to the Government . . ." and the exclusive authority to promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant or unconscionable expenditures, or uses of government funds and properties (Article IX-D, Section 2, 1987 Constitution). The Secretary of Justice has desisted from expressing his views on matters which, by provision of law, fall within the authority of another office (in this case, the COA), particularly where this Department possesses no revisory authority over said office, unless such opinion is requested by said office or agency ( Ibid , No. 194, s. 1976; No. 97, s. 1982; No. 146, s. 1994 and No. 19, s. 1996). This rule arises not only from practical considerations, but also out of due respect and deference for the competence and expertise of the office having primary jurisdiction to resolve the matter and for its familiarity with the policy repercussions of the question as well as from a logical recognition of the lawful exercise of an authority conferred by law ( Ibid ., No. 1, s. 1983 and No. 7, s. 1996)." Furthermore, the resolution of your query would necessarily involve an examination of the lease contract, copy of which is not attached, between the EDPITAF and the Philippine Sports Commission over the said dormitories. Pursuant to established precedents, the Secretary of Justice does not render opinion or give legal advice on issues involving interpretation of contracts ( Ibid ., Nos. 68, 66, 17, 19 s. 1998; Nos. 74, 45, 27, 13, 11, 6, 3 s. 1997). aisadc It is suggested that this matter be taken up with the Commission on Audit. Very truly yours, (SGD.) JUSTICE SERAFIN R. CUEVAS Secretary