Isidro Cario vs The Commission on Human Rights

204 SCRA 483 Political Law Constitutional Law The Constitutional

Commissions Commission on Human Rights Adjudicatory Power of the
CHR
On September 17, 1990, some 800 public school teachers in Manila did not
attend work and decided to stage rallies in order to air grievances. As a
result thereof, eight teachers were suspended from work for 90 days. The
issue was then investigated, and on December 17, 1990, DECS Secretary
Isidro Cario ordered the dismissal from the service of one teacher and the
suspension of three others. The case was appealed to the Commission on
Human Rights. In the meantime, the Solicitor General filed an action for
certiorari regarding the case and prohibiting the CHR from continuing the
case. Nevertheless, CHR continued trial and issued a subpoena to Secretary
Cario.
ISSUE: Whether or not CHR has the power to try and decide and determine
certain specific cases such as the alleged human rights violation involving
civil and political rights.
HELD: No. The CHR is not competent to try such case. It has no judicial
power. It can only investigate all forms of human rights violation involving
civil and political rights but it cannot and should not try and decide on the
merits and matters involved therein. The CHR is hence then barred from
proceeding with the trial.