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28-Cariño v. CHR G.R. No. 96681 December 2, 1991 PDF
28-Cariño v. CHR G.R. No. 96681 December 2, 1991 PDF
96681 1 of 6
NARVASA, J.:p
The issue raised in the special civil action of certiorari and prohibition at bar, instituted by the Solicitor General,
may be formulated as follows: where the relief sought from the Commission on Human Rights by a party in a case
consists of the review and reversal or modification of a decision or order issued by a court of justice or government
agency or official exercising quasi-judicial functions, may the Commission take cognizance of the case and grant
that relief? Stated otherwise, where a particular subject-matter is placed by law within the jurisdiction of a court or
other government agency or official for purposes of trial and adjudgment, may the Commission on Human Rights
take cognizance of the same subject-matter for the same purposes of hearing and adjudication?
The facts narrated in the petition are not denied by the respondents and are hence taken as substantially correct for
purposes of ruling on the legal questions posed in the present action. These facts, together with others involved in
related cases recently resolved by this Court or otherwise undisputed on the record, are hereunder set forth.
1. On September 17, 1990, a Monday and a class day, some 800 public school teachers, among them members of
the Manila Public School Teachers Association (MPSTA) and Alliance of Concerned Teachers (ACT) undertook
what they described as "mass concerted actions" to "dramatize and highlight" their plight resulting from the alleged
failure of the public authorities to act upon grievances that had time and again been brought to the latter's attention.
According to them they had decided to undertake said "mass concerted actions" after the protest rally staged at the
DECS premises on September 14, 1990 without disrupting classes as a last call for the government to negotiate the
granting of demands had elicited no response from the Secretary of Education. The "mass actions" consisted in
staying away from their classes, converging at the Liwasang Bonifacio, gathering in peaceable assemblies, etc.
Through their representatives, the teachers participating in the mass actions were served with an order of the
Secretary of Education to return to work in 24 hours or face dismissal, and a memorandum directing the DECS
officials concerned to initiate dismissal proceedings against those who did not comply and to hire their
replacements. Those directives notwithstanding, the mass actions continued into the week, with more teachers
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 had 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 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.,
Cario v. CHR G.R. No. 96681 2 of 6
Julieta Babaran, Luz del Castillo, Apolinario 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 . . (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 signifying their intent to
boycott the entire proceedings." The case eventually resulted in a Decision of Secretary Cario 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 service of Apolinario Esber and the suspension for nine (9) months of
Babaran, Budoy and del Castillo.
4. In the meantime, the "MPSTA filed a petition for certiorari before the Regional Trial Court of Manila against
petitioner (Cario), which was dismissed (unmarked CHR Exhibit, Annex I). Later, the MPSTA went to the
Supreme Court (on certiorari, in an attempt to nullify said dismissal, grounded on the) alleged violation of the
striking teachers" right to due process and peaceable assembly docketed as G.R. No. 95445, supra. The ACT also
filed a similar petition before the Supreme Court . . . docketed as G.R. No. 95590." Both petitions in this Court
were filed in behalf of the teacher associations, a few named individuals, and "other teacher-members so numerous
similarly situated" or "other similarly situated public school teachers too numerous to be impleaded."
5. In the meantime, too, the respondent teachers submitted sworn statements dated September 27, 1990 to the
Commission on Human Rights 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.
6. Their complaints and those of other teachers also "ordered suspended by the . . . (DECS)," all numbering
forty-two (42) were docketed as "Striking Teachers CHR Case No. 90775." In connection therewith the
Commission scheduled a "dialogue" on October 11, 1990, and sent a subpoena to Secretary Cario requiring his
attendance therein.
On the day of the "dialogue," although it said that it was "not certain whether he (Sec. Cario) received the
subpoena which was served at his office, . . . (the) Commission, with the Chairman presiding, and Commissioners
Hesiquio R. Mallilin and Narciso C. Monteiro, proceeded to hear the case;" it heard the complainants' counsel (a)
explain that his clients had been "denied due process and suspended without formal notice, and unjustly, since they
did not join the mass leave," and (b) expatiate on the grievances which were "the cause of the mass leave of
MPSTA teachers, (and) with which causes they (CHR complainants) sympathize." The Commission thereafter
issued an Order reciting these facts and making the following disposition:
To be properly apprised of the real facts of the case and be accordingly guided in its investigation
and resolution of the matter, considering that these forty two teachers are now suspended and
deprived of their wages, which they need very badly, Secretary Isidro Cario, of the Department of
Education, Culture and Sports, Dr. Erlinda Lolarga, school superintendent of Manila and the
Principal of Ramon Magsaysay High School, Manila, are hereby enjoined to appear and enlighten
the Commission en banc on October 19, 1990 at 11:00 A.M. and to bring with them any and all
documents relevant to the allegations aforestated herein to assist the Commission in this matter.
Otherwise, the Commission will resolve the complaint on the basis of complainants' evidence.
xxx xxx xxx
7. Through the Office of the Solicitor General, Secretary Cario sought and was granted leave to file a motion to
dismiss the case. His motion to dismiss was submitted on November 14, 1990 alleging as grounds therefor, "that
the complaint states no cause of action and that the CHR has no jurisdiction over the case."
8. Pending determination by the Commission of the motion to dismiss, judgments affecting the "striking teachers"
were promulgated in two (2) cases, as aforestated, viz.:
a) The Decision dated December l7, 1990 of Education Secretary Cario in Case No. DECS 90-082,
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decreeing dismissal from the service of Apolinario Esber and the suspension for nine (9) months of
Babaran, Budoy and del Castillo; and
b) The joint Resolution of this Court dated August 6, 1991 in G.R. Nos. 95445 and 95590 dismissing
the petitions "without prejudice to any appeals, if still timely, 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 Cario to issue return-to-work orders, file administrative charges
against recalcitrants, preventively suspend them, and issue decision on those charges."
9. In an Order dated December 28, 1990, respondent Commission denied Sec. Cario's motion to dismiss and
required him and Superintendent Lolarga "to submit their counter-affidavits within ten (10) days . . . (after which)
the Commission shall proceed to hear and resolve the case on the merits with or without respondents counter
affidavit." It held 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; and while expressing its "utmost respect to
the Supreme Court . . . the facts before . . . (it) are different from those in the case decided by the Supreme Court"
(the reference being unmistakably to this Court's joint Resolution of August 6, 1991 in G.R. Nos. 95445 and 95590,
supra).
It is to invalidate and set aside this Order of December 28, 1990 that the Solicitor General, in behalf of petitioner
Cario, has commenced the present action of certiorari and prohibition.
The Commission on Human Rights has made clear its position that it does not feel bound by this Court's joint
Resolution in G.R. Nos. 95445 and 95590, supra. It has also made plain its intention "to hear and resolve the case
(i.e., Striking Teachers HRC Case No. 90-775) on the merits." It intends, in other words, to try and decide or hear
and determine, i.e., exercise jurisdiction over the following general issues:
1) whether or not the striking teachers were denied due process, and just cause exists for the imposition of
administrative disciplinary sanctions on them by their superiors; and
2) whether or not the grievances which were "the cause of the mass leave of MPSTA teachers, (and) with which
causes they (CHR complainants) sympathize," justify their mass action or strike.
The Commission evidently intends to itself adjudicate, that is to say, determine with character of finality and
definiteness, the same issues which have been passed upon and decided by the Secretary of Education, Culture &
Sports, subject to appeal to the Civil Service Commission, this Court having in fact, as aforementioned, declared
that the teachers affected may take appeals to the Civil Service Commission on said matters, if still timely.
The threshold question is whether or not the Commission on Human Rights has the power under the Constitution to
do so; whether or not, like a court of justice, or even a quasi-judicial agency, it has jurisdiction or adjudicatory
powers over, or the power to try and decide, or hear and determine, certain specific type of cases, like alleged
human rights violations involving civil or political rights.
The Court declares the Commission on Human Rights to have no such power; and that it was not meant by the
fundamental law to be another court or quasi-judicial agency in this country, or duplicate much less take over the
functions of the latter.
The most that may be conceded to the Commission in the way of adjudicative power is that it may investigate, i.e.,
receive evidence and make findings of fact as regards claimed human rights violations involving civil and political
rights. But fact finding is not adjudication, and cannot be likened to the judicial function of a court of justice, or
even a quasi-judicial agency or official. The function of receiving evidence and ascertaining therefrom the facts of
a controversy is not a judicial function, properly speaking. To be considered such, 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. This function, to repeat, the
Commission does not have.
Cario v. CHR G.R. No. 96681 4 of 6
The proposition is made clear by the constitutional provisions specifying the powers of the Commission on Human
Rights.
The Commission was created by the 1987 Constitution as an independent office. Upon its constitution, it succeeded
and superseded the Presidential Committee on Human Rights existing at the time of the effectivity of the
Constitution. Its powers and functions are the following:
(1) Investigate, on its own or on complaint by any party, all forms of human rights violations
involving civil and political rights;
(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations
thereof in accordance with the Rules of Court;
(3) Provide appropriate legal measures for the protection of human rights of all persons within the
Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid
services to the underprivileged whose human rights have been violated or need protection;
(4) Exercise visitorial powers over jails, prisons, or detention facilities;
(5) Establish a continuing program of research, education, and information to enhance respect for
the primacy of human rights;
(6) Recommend to the Congress effective measures to promote human rights and to provide for
compensation to victims of violations of human rights, or their families;
(7) Monitor the Philippine Government's compliance with international treaty obligations on human
rights;
(8) Grant immunity from prosecution to any person whose testimony or whose possession of
documents or other evidence is necessary or convenient to determine the truth in any investigation
conducted by it or under its authority;
(9) Request the assistance of any department, bureau, office, or agency in the performance of its
functions;
(10) Appoint its officers and employees in accordance with law; and
(11) Perform such other duties and functions as may be provided by law.
As should at once be observed, only the first of the enumerated powers and functions bears any resemblance to
adjudication or adjudgment. The Constitution clearly and categorically grants to the Commission the power to
investigate all forms of human rights violations involving civil and political rights. It can exercise that power on its
own initiative or on complaint of any person. It may exercise that power pursuant to such rules of procedure as it
may adopt and, in cases of violations of said rules, cite for contempt in accordance with the Rules of Court. In the
course of any investigation conducted by it or under its authority, it may grant immunity from prosecution to any
person whose testimony or whose possession of documents or other evidence is necessary or convenient to
determine the truth. It may also request the assistance of any department, bureau, office, or agency in the
performance of its functions, in the conduct of its investigation or in extending such remedy as 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 study closely: inquire into systematically. "to search or
inquire into: . . . to subject to an official probe . . .: to conduct an official inquiry." The purpose of investigation, of
course, is to discover, to find out, to learn, obtain information. Nowhere included or intimated is the notion of
settling, deciding or resolving a controversy involved in the facts inquired into by application of the law to the facts
Cario v. CHR G.R. No. 96681 5 of 6
In any event, the investigation by the Commission on Human Rights would serve no useful purpose. If its
investigation should result in conclusions contrary to those reached by Secretary Cario, it would have no power
anyway to reverse the Secretary's conclusions. Reversal thereof can only by done by the Civil Service Commission
and lastly by this Court. The only thing the Commission can do, if it concludes that Secretary Cario was in error,
is to refer the matter to the appropriate Government agency or tribunal for assistance; that would be the Civil
Service Commission. It cannot arrogate unto itself the appellate jurisdiction of the Civil Service Commission.
WHEREFORE, the petition is granted; the Order of December 29, 1990 is ANNULLED and SET ASIDE, and
the respondent Commission on Human Rights and the Chairman and Members thereof are prohibited "to hear and
resolve the case (i.e., Striking Teachers HRC Case No. 90-775) on the merits."
SO ORDERED.
Melencio-Herrera, Cruz, Feliciano, Bidin, Grio-Aquino, Medialdea, Regalado, Davide, Jr. and Romero, JJ,
concur.
Separate Opinions