69 Carino v.

CHR
G.R. No. 96681 (1991)
J. Narvasa / Tita K
Subject Matter: II. Executive Powers; I. Fixing of Rates, Wages, and Prices
Summary: Private respondents are among the public school teachers who undertook mass concerted actions at DECS. They were
served with an order of the DECS secretary to return to work in 24 hours or face dismissal. For failure to follow such order, they were
administratively charged, preventively suspended and temporarily replaced. Respondents complained before the CHR alleging a
violation of their right to due process and peaceable assembly. CHR ruled that respondents’ right to due process was violated. CHR
rendered such decision despite prior judgments by DECS Secretary and SC on separate instances involving the “striking teachers”.
WON CHR has jurisdiction over cases seeking the review/reversal of judicial court or administrative agencies. The SC ruled in the
negative. SC held that CHR has lacks jurisdiction.
Doctrines:
CHR may investigate but it cannot try and decide cases. The only thing the CHR can do, if it concludes that the DECS Secretary was in
error, is to refer the matter to the appropriate Government agency or tribunal for assistance; that would be the CSC. It cannot
arrogate until itself the appellate jurisdiction of the CSC.

Parties:
HON. ISIDRO CARIÑO, in his capacity as Secretary of the Department of Education, Culture, Sports
Petitioner
(DECS), DR. ERLINDA LOLARGA, in her capacity as Superintendent of City Schools of Manila
THE COMMISSION ON HUMAN RIGHTS (CHR), GRACIANO BUDOY, JULIETA BABARAN, ELSA IBABAO,
Respondent
HELEN LUPO, AMPARO GONZALES, LUZ DEL CASTILLO, ELSA REYES and APOLINARIO ESBER
Facts:
 September 14, 1990 - Public school teachers staged a protest rally at the DECS as a last call for the government to negotiate the
granting of demands, but no response was elicited from the DECS secretary.
 September 17, 1990 (a Monday and a class day) – three days after the protest rally, some 800 public school teachers, including
members of the Manila Public School Teachers Association (MPSTA) and Alliance of Concerned Teachers (ACT), undertook mass
concerted actions to dramatize and highlight their plight resulting from the alleged failure of the public authorities to act upon
grievances that had been brought to the latter’s attention.
 Teachers participating in the mass actions were served with an order of the DECS secretary to return to work in 24 hours or face
dismissal. However, the mass action continued with even more teachers.
 For failure to heed the return-to-work order, the private respondents (also the CHR complainants) were administratively
charged, given 5 days to answer, preventively suspended for 90 days and temporarily replaced.
 Ultimately, the DECS secretary rendered a decision decreeing the dismissal from service of private respondent Esber, and the
suspension of private respondents Babaran, Budoy and del Castillo.
 In the meantime, MPSTA filed a petition for certiorari before the RTC against DECS Secretary Cariño for alleged violation of the
striking teachers’ right to due process and peaceable assembly. The RTC dismissed the peition, hence MPSTA went to the SC.
 Also, the private respondents also submitted sworn statements (parang similar to filing a complaint) to the CHR to complain that
while they were participating in peaceful mass actions, they suddenly learned of their replacements as teachers, allegedly
without notice and consequently for reasons completely unknown to them.
 CHR scheduled a dialogue between complainants and DECS Secretary Cariño. It was not certain whether the latter received the
subpoena, but CHR proceeded to hear the case. CHR eventually ruled that the “striking teachers” “were denied due process of
law; they should not have been replaced without a chance to reply to the administrative charges;” there had been a violation of
their civil and political rights which the Commission was empowered to investigate.
o N.B. When CHR issued such decision, judgments affecting the “striking teachers” were promulgated in 2 cases:
a) The Decision of DECS Secretary Cariño decreeing dismissal from the service of Esber and the suspension of
Babaran, Budoy and del Castillo; and
o b) The joint Resolution of the SC dated August 6, 1991 dismissing the petitions xxx, that the individual petitioners
may take to the Civil Service Commission on the matters complained of," and inter alia “ruling that it was prima
 facie lawful for petitioner Cariño to issue return-to-work orders, file administrative charges against the
recalcitrants, preventively suspend them, and issue decision on those charges."

Issue/s: WON the CHR can take cognizance of a case wherein the relief sought is the review or reversal of a decision by a judicial
court or government agency exercising quasi-judicial functions. (NO)

Ratio: NO, the CHR has no jurisdiction over such case. CHR was not meant by the Constitution to be another court or quasi-judicial
agency, or duplicate much less take over the functions of the latter.

 A CHR was created by the 1987 Constitution as an independent office. See Art XIII, Sec 17 and 18 of the 1987 Constitution
 The CHR may investigate, i.e. receive evidence and make findings of fact as regards claimed human rights violations
involving civil and political rights. It may cite for contempt, grant immunity from prosecution and request the assistance of
any department, bureau, office or agency in the performance of its functions. But it cannot try and decide cases. Fact-
finding is NOT adjudication and cannot be likened to the judicial function of a court of justice/quasi-judicial agency.
o Investigate: to examine, explore, inquire or delve or probe into, research on, study; to follow up step by step by
patient inquiry or observation; the taking of evidence etc.
o Adjudicate: to adjudge, arbitrate, judge, decide, determine, resolve, rule on; to settle in the exercise of judicial
authority; to determine finally.
 To be considered as adjudication, the faculty of receiving evidence and making factual conclusions in a controversy must
be accompanied by the authority of applying the law to those factual conclusions to the end that the controversy may be
decided or determined authoritatively, finally and definitively, subject to such appeals or modes of review as may be
provided by law.
o The Commission has NO power to "resolve on the merits" the matters involved in “striking teachers case”
before the DECS even if there be a claim of human rights, or civil or political rights violation committed in the
conduct of the administrative disciplinary proceedings.
o More particularly, CHR has no power to resolve on the merits the question of:
(a)whether or not the mass concerted actions engaged in by the teachers constitute and are prohibited or
otherwise restricted by law;
(b)whether or not the act of carrying on and taking part in those actions, and the failure of the teachers to
discontinue those actions, and return to their classes despite the order to this effect by the Secretary of Education,
constitute infractions of relevant rules and regulations warranting administrative disciplinary sanctions, or are
justified by the grievances complained of by them; and
(c)what where the particular acts done by each individual teacher and what sanctions, if any, may properly be
imposed for said acts or omissions.
o These matters are within the original jurisdiction of the DECS Secretary, being within the scope of the disciplinary
powers granted to him under the Civil Service Law, and also, within the appellate jurisdiction of the Civil Service
Commission.

 Conclusions reached by DECS secretary may be passed upon and determined through a MR addressed to the DECS secreray
himself, and in the event of an adverse verdict, may be reviewed by the Civil Service Commission and eventually the SC.
 The CHR simply has no place in this scheme of things. It has no business intruding into the jurisdiction and functions of the
SecEd or the CSC.
 The only thing the CHR can do, if it concludes that Sec. Cariño was in error, is to refer the matter to the appropriate
Government agency or tribunal for assistance; that would be the CSC. It cannot arrogate until itself the appellate
jurisdiction of the CSC.
Wherefore, the petition is granted.

Concurring opinion:
PARAS, J.

The Commission on Human Rights should concern itself in this case and in many other similar cases:
(1)  not only with the human rights of striking teachers but also the human rights of students and their parents;
(2)  not only with the human rights of the accused but also the human rights of the victims and the latter’s families;
(3)  not only with the human rights of those who rise against the government but also those who defend the same;
(4)  not only the human rights of striking laborers but also those who as a consequence of strikes may be laid off because of
financial repercussions.
The defense of human rights is not a monopoly of a government agency (such as the CHR) nor the monopoly of a group of lawyers
defending so- called “human rights” but the responsibility of ALL AGENCIES (governmental or private) and of ALL LAWYERS, JUDGES,
and JUSTICES. Finally, the Commission should realize that while there are “human rights”, there are also corresponding “human
obligations.”