You're currently signed in as:
User

LORENZO C. DY v. NLRC

This case has been cited 1 times or more.

2003-11-18
YNARES-SANTIAGO, J.
The foregoing notwithstanding, the Court of Appeals erred when it nullified the proceedings before the Office of the Ombudsman. Indeed, the question of jurisdiction may be tackled motu proprio on appeal even if none of the parties raised the same.[17] This rule, however, is not absolute. In Emin v. De Leon ,[18] a public school teacher was administratively charged with and found guilty of dishonesty under P.D. No. 807 (Civil Service Law). The Supreme Court ruled that R.A. No. 4670, the Magna Carta for Public School Teachers, is the applicable law and that the Civil Service Commission does not have jurisdiction over the administrative case. Nevertheless, the Court affirmed the dismissal from service of the public school teacher as the latter was found to have been sufficiently afforded due process. It was held that what is crucial is that the respondent be given sufficient opportunity to be heard and defend himself. Thus -