Today is May 30, 2020

Request for Opinion on Legal Matters

1. How to File a Request for Opinion?

You may file your Request for Opinion before the Office of General Counsel, 3rd Floor, Secretariat Building, PICC Complex, Roxas Boulevard Pasay City.

2. What is the Requirement for Request of Opinion?
The following are the requirements for filing for a Request for Opinion:
a. The letter addressed to the Commission
b. The payment for the proper docket fees of Ten Thousand Pesos (Php 10,000.00), in accordance with the 2016 SEC Rules of Procedure; and SEC Memorandum Circular No. 03, Series of 2017.
c. Compliance with the Guidelines on the Requests for Opinion in the SEC Memorandum Circular No. 15, Series of 2003.
3. What is the limitation of the Request for Opinion?
As a matter of policy, the Commission shall refrain from rendering opinion on the following:
a. Issues that had been decided by the courts or have been elevated to the court and are pending therein;
b. Matter which involve the substantive and contractual rights of private parties who would, in all probability, contest the same in court if the opinion turns out to be adverse to their interest;
c. Matters which would necessarily require a review and interpretation of contracts or an opinion on the validity of contracts since interpretation of contract is justiciable in nature and contract review calls for legal examination of contract on a general basis and not on specific legal issues;
d. Question which are too general in scope or hypothetical, abstract, speculative and anticipatory in character and those pertaining to undisclosed entities;
e. Queries which will involve a review of presidential issuances or official acts of the President considering that those issuances and acts are presumed to be valid and binding upon all offices in the executive branch including this Commission;
f. Request which involve interpretation of administrative rules and issuances of other government agencies considering that is the promulgating agencies which are competent to undertake such construction by reason of their knowledge of the specific intent and extent of application of the subject issuances;
g. The action being requested would require an examination and review of the acts and rulings of another government agency since the Commission does not review acts and rulings of other government agencies;
h. The resolution of queries would necessitate the determination of factual issues;
i. Matters which clearly involve the exercise of business discretion or judgment which properly falls within the competence of the management of the entities concerned, or those which call for financial and technical expertise of economic mangers;
j. The request will entail gathering of legal materials or writing abstract essay for the requesting party since the Commission should not function or resemble as legal counsel of private firms.

 

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