Xpns 1 when there is deliberate refusal to pay

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Unformatted text preview: e SC? A: 1. COA: Judgments or final orders of the Commission on Audit may be brought by an aggrieved party to the Supreme Court on certiorari under Rule 65. Only when COA acts without or excess in jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, may the SC entertain a petition for certiorari under Rule 65. 2. CSC: In the case of decisions of the CSC, Administrative Circular 1‐95538 which took effect on June 1, 1995, provides that final resolutions of the CSC shall be appealable by certiorari to the CA within 15 days from receipt of a copy thereof. From the decision of the CA, the party adversely affected thereby shall file a petition for review on certiorari under Rule 45 of the Rules of Court. 3. COMELEC: only decision en banc may be brought to the Court by certiorari since Article IX‐ C, says that motions for reconsideration of decisions shall be decided by the Commission en banc. (Reyes v. Mindoro, G.R. No. 108886, May 5, 1995) Q: When certiorari to the Supreme Court is chosen, what is required? A: Rule 65, Section 1 says that certiorari may be resorted to when there is no other plain or speedy and adequate remedy. But reconsideration is a speedy and adequate remedy. Hence, a case may be brought to the Supreme Court only after reconsideration. 4. QUASI‐JUDICIAL FUNCTION Q; Does the CSC have the power to hear and decide administrative cases? A: Yes, Under the Administrative Code of 1987, the CSC has the power to hear and decide administrative cases instituted before it directly or on appeal, including contested appointments. Q: Which body has the jurisdiction on personnel actions, covered by the civil service? A: The CSC. It is the intent of the Civil Service Law, in requiring the establishment of a grievance procedure, that decisions of lower officials (in cases involving personnel actions) be appealed to the agency head, then to the CSC. The RTC does not have jurisdiction over such personal actions. (G. R. No. 140917. October 10, 2003) Q: Which body has the exclusive original jurisdiction over all contests relating to the elections? A: It...
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