DOJ Opinion No. 063, s. 1999

DOJ OPINION NO. 063 , s. 1999 August 12, 1999 Mr. Rolando M. Acosta Director Bureau of Local Government Supervision A. Francisco Gold Condominium II EDSA cor. Mapagmahal Street Diliman, Quezon City Sir : The opinion of this Department is requested on the proper interpretation of a certain provision of the 1999 General Appropriations Act (R.A. No. 8745), pertaining to the Allocation to Local Government Units under Internal Revenue Allotment (Chapter XXXVI), which reads as follows: "2. Use of Funds . ...AND PROVIDED FINALLY, That no amount of the Internal Revenue Allotment shall be used for the trainings, seminars and study tours of local government officials and employees of local government units." LexLib With regret, this Department is not in a position to render opinion on the aforesaid issue, which involves government budgeting. Under Section 2, Chapter 1, Title XVII of the Administrative Code of 1987, it is the Department of Budget and Management, which is mandated to formulate and implement the National Budget, hence, the task of interpreting the General Appropriations Act appropriately pertains to the said Department. The Secretary of Justice, by settled policy and precedents, has consistently refrained from rendering opinion on matters that fall within the primary jurisdiction of another office over whose rulings and actuations he has no revisory authority, unless the request comes from the head of such office. This practice has evolved not only out of respect and deference for the competence and expertise of the office or agency having primary jurisdiction to resolve the matter and for its familiarity with the policy repercussions of the resolution of the question involved but also from a logical recognition of the lawful exercise of an authority conferred by law (Secretary of Justice Op. No. 46, current series; No. 156, s. 1993; No. 162, s. 1990; No. 95, s. 1987; and No. 39, s. 1986). It is a settled principle in administrative law that interpretation of law by the agency tasked with its administration and enforcement carries great weight and should be respected unless contrary to law or manifestly erroneous ( Ibid ., Nos. 133, s. 1982; No. 89, s. 1980; No. 145, s. 1973). Request for interpretation of the provision of the General Appropriations Act may be addressed to the Secretary of Budget and Management. Very truly yours, (SGD.) JUSTICE SERAFIN R. CUEVAS Secretary