DOJ Opinion No. 068, s. 1986

DOJ OPINION NO. 068 , s. 1986 2nd Indorsement July 9, 1986 Respectfully returned to the Hon. Chulia J. Azarcon, Chairman, Tariff Commission, Quezon City, the within papers relating to the letter of Mrs. Razon T. Haresco, former Chairman of the Tariff Commission, requesting for opinion on the query as to whether she lawfully occupied the position as Chairman of the Commission in a hold-over capacity from April 18, 1985 to July 8, 1985 in connection with her claim for payment of salary for actual services rendered during that period. LLjur It appears that Mrs. Haresco was appointed as Chairman of the Tariff Commission on January 1, 1979 by the then President Marcos. Immediately before reaching the age of compulsory retirement, the President, on April 17, 1983, extended her services for two (2) terms = from April 18, 1983 to April 17, 1984, and from April 17, 1984 to April 17, 1985. Thereafter, or from April 18, 1985 to July 8, 1985, the date Ms. Corazon B. Marcos was appointed as the new Chairman of the Commission, Mrs. Haresco continued to hold office as Chairman of said body and discharged the duties appertaining thereto for the reason that the then President Marcos had not appointed a Chairman, and the two member Commissioners are not administratively next in line, and that the continuing operations of the Commission may be jeopardized especially because its Tariff Reform Program needed the direction of the Chairman. It appears that she has not been paid for the actual services rendered during the period, from April 18, 1985 to July 8, 1985 on the ground that she has no right to stay in office in a hold-over capacity. Thus, the query raised by Mrs. Haresco. This Ministry regrets that it is constrained to refrain from rendering opinion on the instant query for the reasons that by settled policy and practice, the Minister of Justice does not render opinion on questions posed or submitted by private individuals or entities, even if coursed through or endorsed by a national government functionary who may himself be entitled to seek opinion from this Ministry in accordance with the provisions of Section 83 of the Revised Administrative Code (MOJ Ops. No. 86, s. 1985; No. 96, s. 1973; No. 107, s. 1974; No. 118, s. 1979; No. 10, s. 1957; Ops. dated June 4, September 10 and November 6, 1970); the matter in issue involves the substantive rights of Mrs. Haresco and any advice this Office would render would have no binding effect upon the queerest who, if the advice turns out to be against her interest, could always contest the same before the courts (MOJ Op. No. 31, s. 1985; No. 98, s. 1978; No. 72, s. 1971); and finally, the subject of the query relates to a money claim against the Government which properly falls within the jurisdiction of the Commission on Audit (Sec. 2, Article-1, Proclamation No. 3; Sec. 1, C.A. No. 327; Sec. 653, Revised Administrative Code; MOJ Ops. No. 74, s. 1983; No. 118, s. 1979; No. 40, s. 1975). prcd Please be guided accordingly. (SGD.) NEPTALI A. GONZALES Minister of Justice