DOJ Opinion No. 068, s. 1993

DOJ OPINION NO. 068 , s. 1993 June 1, 1993 Undersecretary Federico M. Macaranas Department of Foreign Affairs Manila Sir : This has reference to your letter dated May 17, 1993 requesting for this Department's "views/comments/recommendations" on the Russian Government's desire to become a full member of GATT (General Agreement on Tariff and Trade). It appears that the instant request is an offshoot of your meeting with the Charge d'Affaires of the Embassy of the Russian Federation who would like to ascertain the respective positions of GATT member-countries like the Philippines on his government's proposed membership GATT prior to lodging of a formal application therefor, and that we assume that the reason is because under the GATT applicant's proposed terms of accession thereto is submitted to a vote, and must be approved by two-thirds of all GATT members. prcd In this connection, we note that the views being sought do not involve legal questions which the Secretary of Justice may be called upon resolve. By well-established precedents, the Secretary of Justice, as Attorney-General, is authorized to render opinion or give legal advice only on "specific questions of law" formulated and submitted by the Department heads, or the chiefs of bureaus and offices called upon the decide or act on cases, controversies, or matters actually arising in the performance of their respective functions and duties. The Secretary of Justice does not answer questions general in scope, write abstract essays, nor prepare reports for other government offices (Sec. of Jus. Opns. No. 95, s. 1972; No. 220, s. 1975; No. 75, s. 1978; No. 30, s. 1990, etc.). Besides, the question of whether the proposed accession of the Russian Government to GATT is acceptable to the Philippine Government involves a question of economic policy and neither does the Secretary of Justice rule on questions of policy, the implications of which he is not conversant (Id., No. 255, s. 1988). We may add that the responsibility to advise the government on tariff and related matters and on the effects on the country of various international developments thereon is vested by law on the Committee on Tariff and Related Matters (TRM) (Section 6[e][i], E.O. No. 230 dated July 22, 1987; and Section 7, Book V, Title II, Subtitle C, Chapter 2, Administrative Code of 1987). As a practical step, it is suggested that you directly take up this matter with the TRM. cdll Very truly yours, (SGD.) FRANKLIN M. DRILON Secretary