Professional Documents
Culture Documents
2 Carino V CHR
2 Carino V CHR
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G.R. No. 96681. December 2,1991.
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* EN BANC.
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NARVASA, J.:
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486
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joining in the days that followed.
Among those who took part in the “concerted mass
actions” were the eight (8) private respondents herein,
teachers at the Ramon Magsaysay High School, Manila,
who had4 agreed to support the non-political demands of the
MPSTA.
2. “For failure to heed the return-to-work order, the
CHR complainants (private respondents) were
administratively charged on the basis of the principal’s
report and given five (5) days to answer the charges. They
were also preventively suspended for ninety (90) days
‘pursuant to Section 41 of P.D. 807' and temporarily
replaced (unmarked CHR Exhibits, Annexes F, G, H). An
investigation committee was consequently 5
formed to hear
the charges in accordance with P.D. 807."
3. In the administrative case docketed as Case No.
DECS 90–082 in which CHR complainants Graciano
Budoy, Jr., Julieta Babaran, Luz del Castillo, 6Apolinario
Esber were, among others, named respondents, the latter
filed separate answers, opted for a formal investigation,
and also moved “for suspension of the administrative
proceedings pending resolution by xx (the Supreme) Court
of their application for issuance of an injunctive
writ/temporary restraining order.” But when their motion
for suspension was denied by Order dated November 8,
1990 of the Investigating Committee, which later also
denied their motion for reconsideration orally made at the
hearing of November 14,1990, “the respondents led by their
counsel staged a walkout 7
signifying their intent to boycott
the entire proceedings." The case eventually resulted in a
Decision of Secretary Cariño dated December 17, 1990,
rendered after evaluation of the evidence as well as the
answers, affidavits and documents submitted by the
respondents, decreeing dismissal from the
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3 (Joint) Resolution, G.R. Nos, 95445 and 95590, prom. Aug. 6, 1991,
pp. 3–4.
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4 Rollo, p. 7.
5 Id., p. 7.
6 Also impleaded as respondents were other teachers, Adelaida dela
Cruz, Ma. Teresa Rizardo, Rita Atabelo and Digna Operiano (Rollo, p. 77).
7 Rollo, pp. 77–78.
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may be provided by law. This function, to repeat, the
Commission does not
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have.
The proposition is made clear by the constitutional
provisions specifying the powers of the Commission on
Human Rights. The Commission was created23 by the 1987
Constitution as an independent office. Upon its
constitution, it succeeded and superseded the Presidential
Committee on Human Rights 24existing at the time of the
effectivity of the 25Constitution, Its powers and functions
are the following:
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Order No. 318 of May 25, 1950, because that board, like the later
Presidential Complaints and Action Commission, was not invested with
judicial functions but only with power to investigate charges of graft and
corruption in office and to submit the record, together with findings and
recommendations, to the President.” Ruperto v. Torres, G.R. No. L-8785,
Feb. 25, 1957 (Unrep., 100 Phil 1098) (Rep. of the Phil. Digest, Vol. 1,
Certiorari, Sec. 22, p. 430).
Ballentine’s Law Dictionary, 3rd Ed., treating of “jurisdiction” in
relation to a criminal case, states it to be “the power of a court to inquire
into the fact, to apply the law, and to declare the punishment, in a regular
course of judicial proceeding x x.” In Black’s Law Dictionary, 5th Ed.,
“adjudge” is defined as: “To pass on judicially, to decide, settle or decree,
or to sentence or condemn. x x Implies a judicial determination of a fact,
and the entry of a judgment (italics supplied)."
22 A distinguished Member of the Constitutional Commission that drew
up the 1987 Constitution, Fr. Joaquin Bernas, S.J., citing the
Commission’s official records, states that the “principal function of the
Commission (on Human Rights) is investigatory. In fact, in terms of law
enforcement, this pretty much is the limit of its function. Beyond
investigation, it will have to rely on the Justice Department which has full
control over prosecutions. Thus, under Section 18 (9) it can only request
assistance from executive offices.” (Bernas, The Constitution of the
Republic of the Philippines, a Commentary, 1988 ed., Vol. I p. p. 503/).
23 ART. XIII, Sec. 17. (1)
24 Id., Sec. 17. (3).
25 Id., Sec. 18.
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may be required by its findings.
But it cannot try and decide cases (or hear and
determine causes) as courts of justice, or even quasi-
judicial bodies do. To investigate is not to adjudicate or
adjudge. Whether in the popular or the technical sense,
these terms have well understood and quite distinct
meanings.
“Investigate” commonly understood, means to examine,
explore, inquire or delve or probe into, research on, study.
The dictionary definition of “investigate” is “to observe or
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facts concerning a certain matter or matters."
“Adjudicate,” commonly or popularly understood, means
to adjudge, arbitrate, judge, decide, determine, resolve, rule
on, settle. The dictionary defines the term as “to settle
finally (the rights and duties of the parties to a court case)
on the merits of issues raised: xx to pass judgment on:
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settle judicially: xx act as judge." And “adjudge” means “to
decide or rule upon as a judge or with judicial or quasi-
judicial powers: 31xx to award or grant judicially in a case of
controversy xx."
In the legal sense, “adjudicate” means: “To settle in the
exercise of judicial authority. To determine finally.
Synonymous with adjudge in its strictest sense;” and
“adjudge” means: “To pass on judicially, to decide, settle or
decree, or to sentence or condemn. xx Implies a judicial32
determination of a fact, and the entry of a judgment."
Hence it is that the Commission on Human Rights,
having merely the power “to investigate,” cannot and
should not “try and resolve on the merits” (adjudicate) the
matters involved in Striking Teachers HRC Case No. 90–
775, as it has announced it means to do; and it cannot do so
even if there be a claim that in the administrative
disciplinary proceedings against the teachers in question,
initiated and conducted by the DECS, their
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CONCURRING OPINION
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500
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