This case has been cited 1 times or more.
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2010-02-05 |
DEL CASTILLO, J. |
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| Petitioner also challenges the validity of the suspension order for being unsigned. The same has no merit. Upon careful examination, it appears that the contention was raised for the first time in petitioner's motion for reconsideration of the Decision of the CA. In Arceno v. Government Service Insurance System,[39] the hornbook principle that new issues cannot be raised for the first time on appeal was reiterated. We emphasized therein that the rule is based on principles of fairness and due process and is applicable to appealed decisions originating from regular courts, administrative agencies or quasi-judicial bodies, whether rendered in a civil case, a special proceeding or a criminal case, citing the case of Tan v. Commission on Elections.[40] Even assuming that it was raised, the same would be without merit because the suspension order bears the signature of respondent's engineering manager and petitioner's immediate superior, Al Luzano, who, in fact, is a member of the panel committee that conducted an investigation on the complaint of Soriano against petitioner. | |||||