This case has been cited 3 times or more.
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2014-12-10 |
LEONEN, J. |
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| The rule, therefore, is that a Voluntary Arbitrator's award or decision shall be appealed before the Court of Appeals within 10 days from receipt of the award or decision. Should the aggrieved party choose to file a motion for reconsideration with the Voluntary Arbitrator,[95] the motion must be filed within the same 10-day period since a motion for reconsideration is filed "within the period for taking an appeal."[96] | |||||
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2014-01-22 |
BERSAMIN, J. |
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| The exceptions did not cover the petitioner's case. In her complaint, she assailed Office Order No. 008 on three basic legal grounds, namely: (a) the re-assignment, being "whimsical and indiscriminate," violated the Omnibus Rules on Appointments and Other Personnel Actions; (b) Merto had no power to investigate her, considering that the Provincial Governor was the "proper disciplining authority;" and (c) whether the letter of Merto requiring her to explain her refusal to follow Office Order No. 008 should be under oath. Still, her immediate resort to the RTC remained premature, because the legal issues she seemingly raised were admittedly interlaced with factual issues, like whether or not Merto had issued Office Order No. 008 because of her having attacked him in her protest against Kirit as the appointee to the position of Supervising Agriculturist, and whether or not her reassignment constituted banishment from her office in Dumaguete City. She further averred that the reassignment had been whimsical and indiscriminate, an averment that surely called for factual basis. It ought to be beyond question that the factual issues could only be settled by a higher policy-determining provincial official like the Provincial Governor by virtue of his authority, experience and expertise to deal with the issues. The Provincial Governor should have been given a very meaningful opportunity to resolve the matter and to exhaust all opportunities for its resolution before bringing the action in court.[45] | |||||
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2013-02-18 |
BERSAMIN, J. |
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| To start with, the requirement of the timely filing of a motion for reconsideration as a precondition to the filing of a petition for certiorari accords with the principle of exhausting administrative remedies as a means to afford every opportunity to the respondent agency to resolve the matter and correct itself if need be.[22] | |||||