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Question Filing a case to another forum pending resolution of a CSC case

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francine
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6 years 2 months ago #955 by francine

francine created the topic: Filing a case to another forum pending resolution of a CSC case

Good day!

My case is pending for resolution at the CSC regarding invalidation of my appointment. However, my immediate supervisor used it for terminating my services even though the CSC has not given its final decision on the matter. Since my immediate supervisor is an elective official, the CSC has no jurisdiction over him. With this, if I file a case to the Ombudsman against my immediate supervisor for abuse of authority and oppression regarding my illegal termination before or after the CSC's decision regarding the invalidation of my appointment, praying that my immediate supervisor be punished accordingly, will my filing to the Ombudsman of such case be considered forum shopping?

Thank you very much.

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Action Officer
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6 years 1 month ago #1055 by Action Officer

Action Officer replied the topic: Filing a case to another forum pending resolution of a CSC case

Rule 2 of the Rules of Court defines a cause of action as:

Sec. 2. Cause of action, defined. A cause of action is the act or omission by which a party violates a right of another.

The essential elements of a cause of action are (1) a right in favor of the plaintiff by whatever means and under whatever law it arises or is created; (2) an obligation on the part of the named defendant to respect or not to violate such right; and (3) an act or omission on the part of such defendant in violation of the right of the plaintiff or constituting a breach of the obligation of the defendant to the plaintiff for which the latter may maintain an action for recovery of damages or other appropriate relief.

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