1. CARINO V.
V. SOME 800 PUBLIC SCHOOL TEACHERS, members of Manila WON the
CHR Public School teachers Association > UNDERTOOK A “MASS
CONCERTED ACTIONS”
 Highlight their plight from the alleged failure of the
public authorities to act upon grievances
 According to them they had decided to undertake said
"mass concerted actions" after the protest rally staged
at the DECS premises on without disrupting classes
 The "mass actions" consisted in staying away from
their classes, converging at the Liwasang Bonifacio =
peaceable assemblies
 They have been warned by the Sec. of Education =
face dismissal, if they won’t return
 mass actions continued into the week
FAILURE TO RETUNR TO WORK = THEY WERE
ADMINISTRAVELY CHARGED > PREVENTIVELY SUSPENDED
IN THE MEANTIME = THE RESPONDENT TEACHERS
SUBMITTED A COMPLAIN TO THE COMMISSION ON HUMAN
RIGHTS
 COMPLAINT: while they are participating in an
peaceful mas actions > they were replaced as
teachers, without notice and reasons unknown to
them
CHR ISSUED AN ORDER: SEC. CARINO TO APPEAR BEFORE
THE COMMISSION
 The Commission held that the teachers were denied
of due process
 there had been a violation of their civil and political
rights which the Commission was empowered to
investigate;
DOES CHR HAVE THE POWER TO ADJUDICATE LIKE A COURT OF JUSTICE OR EVEN
CHR has A QUASI-JUDICIAL AGENCY
the power  power to try and decide, or hear and determine > certain specific type
to of cases, like alleged human rights violations involving civil or political
adjudicate rights.
under the
Constitutio COURT: CHR HAS NO POWER
n  NOT MEANT BY THE CONSTITUTION TO BE ANOTHER COURT OR QUASI-
JUDICIAL AGENCY
 The Commission may INVESTIGATE
o May receive evidence + make findings of facts regarding human
rights violations involving civil and political rights
 BUT FACT FINDING/ INVESTIGATION = IS NOT ADJUDICATION
o It cannot be likened to the judicial function of the courts / quasi-
judicial agency
FACT FINDING = NOT JUDICIAL FUNCTION
 The function of receiving evidence and ascertaining therefrom the facts of a
controversy is not a judicial function
 To be considered such = it 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 definitivel
 A FUNCTION THAT CHR DOES NOT HAVE
INVESTIGATE
 MEANS: to examine, explore, inquire, delve or probe into, research on,
study
 PURPOSE: to discover, to find out, to learn, obtain information.
 NOWHERE INCLUDED IS THE NOTION OF SETTLING, DECIDING
CONTROVERIES
 LEGAL MEANING OF “INVESTIGATE” = ESSENTIALLY THE SAME
o "(t)o follow up step by step by patient inquiry or observatio "(a)n
o administrative function, the exercise of which ordinarily does not
require a hearing
ADJUDICATE
 MEANS: to adjudge, arbitrate, judge, determine, resolve, rule, settle
 "adjudge" means "to decide or rule upon as a judge or with judicial or
quasi-judicial powers: . . . to award or grant judicially in a case of
controversy
 In the legal sense, "adjudicate" means: "To settle in the exercise of judicial
authority.
HENCE THE CHR, HAVING THE POWER TO INVESTIGE CANNOT AND SOULD NOT
TRY AND RESOLVE CASE= NO SUCH POWER
 It has no business intruding into the jurisdiction and function of the Sec. of
Education or the Civil Service COmmision
 Investigation of CHR= no use > because it has not power anyway to reverse
the Secretary’s conclusion
 Only thing to do> mat refer to CSC