Republika ng Pilipinas


Department of Justice





Opinion No. 87, Series of 2000




November 8, 2000




Mr. Tomas G. Aquino


Department of Trade and Industry

Trade and Industry Building

361 Sen. Gil J. Puyat Avenue

Makati City




Reference is made to that Department’s letter dated October 6, 2000 which requests confirmation by the Department of the view that the term “production equipment or machineries” covers machinery and equipment used in the storage and distribution of LPG in the light of R.A. 8479 – the Downstream Oil Deregulation Act of 1998 and its implementing rules and regulations.


It is claimed that the aforementioned view is supported by an opinion issued by the Department of Energy (DOE), the agency primarily that is tasked with the enforcement and implementation of the law in question.  By established precedents, this Department has consistently refrained from expressing its views on matters which fall within the jurisdiction of another office or agency (see Secretary of Justice Opinion Nos. 19, 56 and 60, s. 1996), and more so, if the said office or agency has already taken cognizance of the matter and acted thereon, as in this case.


Please be guided accordingly.


Very truly yours,







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