This case has been cited 6 times or more.
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2010-03-15 |
VILLARAMA, JR., J. |
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| Petitioner's reliance on the cases of Emin v. De Leon [23] and Office of the Ombudsman v. Estandarte [24] to support his claim that it was the DepEd Investigating Committee created pursuant to Rep. Act No. 4670 which had jurisdiction to try him because he is a public school teacher, is without merit as these cases are not in point. In Emin, the issue was which between the DepEd Investigating Committee (under Rep. Act No. 4670) and the CSC (under P.D. No. 807) had jurisdiction to try the administrative case, while in Estandarte, the issue was which between the Office of the Ombudsman and the DepEd Investigating Committee had jurisdiction over the administrative case filed in said case. In contrast, the instant case involves the Board of Professional Teachers which, under Rep. Act No. 7836, had jurisdiction over administrative cases against professional teachers and has the power to suspend and revoke a licensed teacher's certificate of registration after due proceedings. | |||||
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2003-11-18 |
YNARES-SANTIAGO, J. |
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| Likewise, in Emin v. De Leon,[15] the Court ruled that although under Presidential Decree No. 807 (Civil Service Law), the civil service embraces every branch, agency, subdivision, and instrumentality of the government, including government-owned or controlled corporations whether performing governmental or proprietary function, the Civil Service Commission does not have original jurisdiction over an administrative case against a public school teacher. It was stressed therein that jurisdiction over administrative cases of public school teachers is lodged with the Investigating Committee created pursuant to Section 9 of R.A. No. 4670, now being implemented by Section 2, Chapter VII of DECS Order No. 33, S. 1999, otherwise known as the DECS Rules of Procedure.[16] | |||||