Monday, January 12, 2015

JURISDICTION:

   In order for the Court to acquire jurisdiction over an administrative case, the complaint must be filed during the incumbency of the respondent. Once jurisdiction is acquired, it is not lost by reason of respondent’s cessation from office. The Judge’s compulsory retirement will divert the OCA of its right to institute a new administrative case against him after his compulsory retirement. The Court can no longer acquire administrative jurisdiction over a Judge by filing a new administrative case against him after he has ceased to be a public official. The remedy, if necessary, is to file the appropriate civil or criminal case against respondent for the alleged transgression.



No comments:

Post a Comment

Note: Only a member of this blog may post a comment.