Basis to Issue Legal opinion

Functions of DOJ
Legal Counsel of Government
The DOJ, through the Office of the Solicitor General (OSG) and the Office of the
Government Corporate Counsel (OGCC), acts as the legal representative of the
Government of the Philippines, its agencies and instrumentalities including
government owned and controlled corporations and their subsidiaries, officials
and agents in any proceeding, investigation or matter requiring the services of
a lawyer.
EO 292 specifically designates the Secretary as Attorney-General and ex-officio
legal adviser of government-owned or controlled corporations (GOCC) and their
subsidiaries. The Secretary exercises administrative adjudicatory powers over
all controversies between/among government agencies, including government
owned and controlled corporations including their subsidiaries. This power of
adjudication of the Secretary originally stemmed from Presidential Decree No.
242, and is now embodied in Sections 66 to 71, Chapter 14, Book IV of E.O.
292.
The Secretary is likewise empowered to act on all queries and/or
requests for legal advice and guidance from private parties and other
officials and employees of the government.

Who to Write
From the DOJ Charter:
Send letter-request for legal opinion via mail courier or personally send
to:
The Office of the Secretary
Department of Justice
Padre Faura St., Metro Manila
Secretary of Justice: Leila M. De Lima

How binding
Narra Nickel Mining vs. Redmont (G.R. No. 195580, April 21, 2014)
[T]he opinions of the SEC en banc, as well as of the DOJ, interpreting the law
are neither conclusive nor controlling and thus, do not bind the Court. It
is hornbook doctrine that any interpretation of the law that
administrative or quasi-judicial agencies make is only preliminary,

never conclusive on the Court. The power to make a final interpretation of the
law xxx lies with this Court, not with any other government entity.

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.