Petitioner
Humphrey M. Lumawag
Respondent
Carlo V. Gamban
Citation
G.R. No. 234761
Court
Office of the Ombudsman to Court of Appeals-Cebu City to Supreme Court (SC)
Division
Second Division
Decided
May 5, 2021

Summary

Municipal government employees Lumawag and Degracia were dismissed from service and filed administrative complaints against their superiors before the Ombudsman. The Ombudsman dismissed their complaints, ruling it lacked jurisdiction over the dismissal and absolving the respondents. The Supreme Court denied their petition for review for being filed late and for lack of merit. The Court held that as government employees under the Civil Service, their dismissal matters fall under Civil Service Commission jurisdiction, not the Ombudsman. When the Ombudsman absolves respondents, such decisions are final and unappealable, with certiorari being the only available remedy within 60 days. The case establishes clear jurisdictional boundaries between the Ombudsman and Civil Service Commission regarding government employee disciplinary matters.

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By the Intellegal Editorial Board · May 5, 2021

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