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Exhaustion of Administrative Remedies
Asked by: torchkitt from -
An administrative case was filed by then Mayor of San Juan, Abra against a health worker directly to the Civil Service Commission-Province of Abra, then later elevated to the Civil Service Commission-Cordillera Administrative Region (CAR). The decision was adverse to the respondent, hence, she elevated the case to the National Civil Service Commission by way of Appeal. However, the CSC National affirmed the findings and decision of the CSC-CAR. I was asked by the respondent for help as she could no longer afford to pay for the services of a lawyer. By the way, I am not a lawyer, but a friend of the respondent who wants to help. When I read the entire documents, I found out that the complainant, former mayor of the Municipality of San Juan, Abra, failed to create a fact-finding body, considering that the Local Government's grievance machinery is existing at the time of the filing of the original complaint. Hence, there was no investigation done and not even a single hearing for the alleged administrative offenses committed allegedly by the respondent was scheduled or set. The complaint was directly filed by the complaint to the CSC-Province of Abra. Is this a violation of the Doctrine on Exhaustion of Administrative Remedies.
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I am not a lawyer either and good for me for that. I have had some college law.

The question seems to be who has original jurisdiction. Is it the Civil Service Commission-Province of Abra or the grievance machinery of the local government?
The nature of the complaint may be relevant here. So I can't even guess. B...
Answer Date: 03:23am 07/24/08
 
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Posted 07/24/08 Closed 07/31/08
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