“x x x.
20 April 2012
MEMORANDUM CIRCULAR NO. 026
TO: THE CHIEF
STATE COUNSEL, THE ASSISTANT CHIEF STATE COUNSELS, STATE COUNSELS AND OTHER
MEMBERS OF THE LEGAL STAFF
SUBJECT: GROUNDS FOR DECLINING TO RENDER AN OPINION
In order for the Department to more faithfully fulfill its
mandate and function as legal counsel for the government (Sections 1 to 3,
Chapter 1, Title III, Book IV, Administrative Code of 1987) the Office of the
Legal Staff - which is, in turn, mandated to, among others, assist the
Secretary in the performance of his duties as Attorney General of the
Philippines and as ex-officio legal adviser of governmentowned or controlled
corporations or enterprises and their subsidiaries, and prepare and finally act
for and in behalf of the Secretary on all queries and/or requests for legal
advice or guidance coming from private parties, and minor officials and
employees of the government (Section 7, Chapter 2) - is hereby advised that,
henceforth, the Department shall retain only the following grounds for
declining to render opinions:
1. Issues
posed have already been passed upon by the courts, Provided that the Department
shall not decline rendering an opinion where, although related matters have
already been passed upon by the courts, what is being sought from the
Department is, for instance, an opinion on the implications of the courts'
decision, and other similar matters;
2. Issues
that are subjudice;
3. Issues
the resolution of which properly pertains to the prosecuting officers;
4. Issues
raised by subordinate officials of other offices or agencies, Provided that the
Department shall not decline rendering an opinion where there exists
exceptional reasons to do so, such as the issue/s raised is/are of national
interest or importance, or the subordinate official has raised other sufficient
justification as to why his/her request for advice/opinion ought to be granted,
including absence of other adequate recourse or remedy, etc.;
5. Issues
which are already moot and academic;
6. Issues
that do not involve specific legal issues but questions of facts or mixed
questions of fact and law; and
7. Issues
which are purely hypothetical and speculative.
For compliance.
(signed)
LEILA M. DE LIMA
Secretary
Secretary
X x x.”
