Law Summary
Requirement of Complete Factual Circumstances
- Requesting party must present complete factual background.
- The legal issues should depend on facts that are clearly discernible from the query.
Submission of Pertinent Documents
- All necessary documents must be submitted to aid resolution of the query.
- Examples include Articles of Incorporation, By-laws, General Information Sheets, applicable laws, and administrative rules.
Contact Information of Requesting Party
- Accurate business address, telephone, facsimile numbers, and e-mail address must be indicated.
Matters on Which the Commission Will Refrain from Rendering Opinions
- Issues previously decided by courts or currently pending in courts.
- Matters involving substantive and contractual rights of private parties likely to contest adverse opinions.
- Matters requiring contract review or opinions on contract validity.
- Questions that are too general, hypothetical, abstract, speculative, anticipatory, or pertain to undisclosed entities.
- Queries involving review of presidential issuances or official acts of the President.
- Requests involving interpretation of administrative rules and issuances by other government agencies.
- Requests requiring review of acts and rulings of other government agencies.
- Queries necessitating determination of factual issues.
- Matters involving business discretion or judgment properly within management competence.
- Requests that involve gathering legal materials or writing abstract essays resembling private legal counsel.
Exception to Non-Compliance with Requirements
- The Commission may process opinions despite non-compliance when circumstances warrant.
Nature and Limitations of the Legal Opinion Rendered
- Opinions are based solely on the facts disclosed.
- Opinions relate only to the specific issues raised.
- Opinions are not standing rules binding on the Commission in other cases.
Responsible Authority
- Chairperson of the Commission is responsible for the memorandum issuance.