Facts: Petitioner filed a complaint for libel against respondents. Fernandez filed with the Court of Appeals a certiorari petition assailing the Ombudsman’s Resolution and Order dismissing the criminal case, not the administrative case against Bernante. Complainant accused respondent (to the Office of the Court Administrator or OCA) of gross ignorance of the law and incompetence relative to a Special Proceeding.
Sec 5 Rule 6 of the Revised Civil Service Rules, which prohibits such, was purely the creation of CSC. The Revised Administrative Code of 1987 (RAC) embodies the major structural, functional and procedural principles and rules of governance of government agencies and constitutional bodies like the CSC.
The respondents assert he is not entitled to the guaranty because he is not a career official (the petitioner did not possess the necessary qualifications when he was appointed Administrator of the POEA in 1987). The appellate court stated that what Fabian declared void was Section 27 of RA 6770, which authorized appeals to the Supreme Court from decisions of the Ombudsman in administrative disciplinary cases.
Private respondent Cotiamco moved to dismiss the petition on the ground of lack of jurisdiction of the Court of Appeals, failure of petitioner to exhaust administrative remedies, and lack of merit of the petition. If he really wanted to disavow his American citizenship and reacquire Philippine citizenship, the petitioner should have done so in accordance with the laws of our country.
At petitioner’s request, the respondent Judge caused summons to be made by publication in the Philippines Herald. In order to ascertain if there had been gross neglect of duty, we have to look at the lawfully prescribed duties of petitioner. Domingo pursuant to the decision of petitioner commission finding him guilty of serious irregularity in the performance of duty on complaint of Jose Lee, Jr.