FACTS: Petitioner Agustina M. Enemecio (Enemecio”) is a utility worker at the Cebu State College of Science and Technology, College of Fisheries Technology (CSCST-CFT”), Carmen, Cebu. Motions to dismiss were respectively filed by petitioner Ceniza and Carale, arguing that it is the Civil Service Commission which has exclusive jurisdiction over any question concerning personnel movement. The petitioner sued for recovery and the Regional Trial Court after considering the merits of the case, sustained the confiscation of the carabaos.
But as well pointed out by petitioner and the Solicitor General, Section 17 must be read together with Section 16 of the said Code which enumerates the offices under the respondent Commission. Obviously, the petitioners failed to appreciate that non-exhaustion of administrative remedies is not jurisdictional.
The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of the departments, agencies, commissions or boards. Administrative law; The Commission on Audit (COA) has primary jursidiction over money claims against the government.
A Board decision of November 1973 authorised the Chief Executive to delegate the authority to sign s 53(3) notices to nominated officers. Eventually, petitioner’s claim was returned by Undersecretary of Justice Montenegro to Director Lim with the advice that petitioner elevate the matter to the Supreme Court if he so desires”.
Governments and its civil servants will experience likewise demands from its citizens on service-levels and accessibility. 9 of the Magna Carta for Public School Teachers against the respondents before the Office of the Ombudsman instead of a judicial relief for resolution of the jurisdictional issue and declaration of nullity of the administrative proceeding.
