Administrative Law Arellano University School of Law aiza ebina/2015
Cariño vs Commission on !man "i#hts 20$ SC"A $%& Distinguished from Legislative or Rule-Making Power 'AC(S) Some Some 800 public public school school teachers teachers undertook undertook “mass “mass concerte concerted d actions” actions” to protest protest the alleged alleged failure of public authorities to act upon their grievances. The “mass actions” consisted in staying away from from their their classes, classes, converg converging ing at the iwasang iwasang !onifacio, !onifacio, gatherin gathering g in peacabl peacable e assemblie assemblies, s, etc. The Secretary of "ducation served them with an order to return to work within #$ hours or face dismissal. %or failure failure to heed the return return&to&w &to&work ork order, eight teachers teachers at the 'amon 'amon (agsaysay (agsaysay )igh School were administ administrati ratively vely charged, charged, prevent preventivel ively y suspende suspended d for *0 days pursuant pursuant to sec. $+, .-. 80 and temporarily replaced. /n investigation committee was conseuently formed to hear the charges. 1hen their motion for suspension was denied by the 2nvestigating 3ommittee, said teachers staged a walkout walkout signifying signifying their intent to boycott the entire proceedings. proceedings. "ventually, Secretary 3arino decreed dismissal from service of "sber and the suspension for * months of !abaran, !udoy and del 3astillo. 2n the meantime, a case was 4led with 'T3, raising the issue of violation of the right of the striking teachers5 to due process process of law. law. The case was eventually eventually elevated elevated to S3. /lso in the meantime, meantime, the responden respondentt teachers submitted sworn statements to 3ommission on )uman 'ights to complain that while they were participating in peaceful mass actions, they suddenly learned of their replacement as teachers, allegedly without notice and conseuently for reasons completely unknown to them. 1hile the case was pending with 3)', S3 promulgated its resolution over the cases 4led with it earlier, upholding the Sec. 3arino5s act of issuing the return&to&work orders. -espite this, 3)' continued hearing its case and held that the “striking teachers” “were denied due process of law67they should not have been replaced without a chance to reply to the administrative charges6” there had been violation of their civil and political rights which the 3ommission is empowered to investigate.”
*SSU+) 1hether or not the 3ommission on )uman 'ights has urisdiction or adudicatory powers over, or the power to try and decide, or hear and determine, certain speci4c type of cases, like alleged human rights violations involving civil or political rights "UL*,-) 9o. The 3ourt declares the 3ommission on )uman 'ights to have no such power6 and that it was not meant by the fundamental law to be another court or uasi&udicial agency in this country, or duplicate much less take over the functions of the latter. The most that may be conceded to the 3ommission 3ommission in the way of adudicative adudicative power is that it may investigate, i.e., receive evidence and make 4ndings of fact as regards claimed human rights violations involving civil and political rights. !ut fact 4nding is not adudication, and cannot be likened to the udicial function of a court of ustice, or even a uasi&udicial agency or o:cial. The function of receiving receiving evidence and ascertaining therefrom the facts of a controversy is not a udicial 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, 4nally and de4nitively, subect to such appeals or modes of review as may be provided by law. This function, to repeat, the 3ommission does not have. The 3onstitution clearly and categorically categorically grants to the 3ommission the power to investigate all forms of human rights violations involving civil and political rights. 2t can e;ercise that power on its own initiative or on complaint of any person. 2t may e;ercise 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 'ules of 3ourt. 2n the course of any investigati investigation on conducted conducted by it or under under its authority, authority, it may grant immunity immunity from from prosecu prosecution tion to any person person whose whose testimony testimony or whose whose possessi possession on of document documents s or other other evidenc evidence e is necessary or convenient to determine the truth. 2t may also reuest the assistance of any department, bureau, o:ce, or agency in the performance of its functions, in the conduct of its investigation or in e;tending such remedy as may be reuired by its 4ndings. !ut it cannot try and decide cases
2nvestigate,> >2nvestigate,> commonly understood, means to e;amine, e;plore, inuire or delve or probe into, research research on, study study.. The The dictio dictionar nary y de4ni de4nitio tion n of >inves >investig tigate ate>> is >to obser observe ve or study study closel closely y? inuir inuire e into into systematically. >to search or inuire into? . . . to subect to an o:cial probe . . .? to conduct an o:cial inuiry.> The purpose of investigation, of course, is to discover, to 4nd out, to learn, obtain information. 9owhere 9owhere included or intimated is the notion of settling, deciding or resolving resolving a controversy controversy involved in the facts inuired into by application of the law to the facts established by the inuiry.
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The legal meaning of of >investigate> >investigate> is essentially essentially the same? same? > >to inuire6 to make an investigation,> >investigation> being in turn describe as > >/dudicate,> commonly or popularly understood, means to adudge, arbitrate, udge, decide, determine, resolve, rule on, settle. The dictionary de4nes the term as >to settle 4nally /nd >adudge> means >to decide or rule upon as a udge or with udicial or uasi&udicial powers? >to award or grant udicially in a case of controversy.> 2n the legal sense, >adudicate> means? >To settle in the e;ercise of udicial authority. To determine 4nally. Synonymous with adudge in its strictest sense6> and >adudge> means? >To pass on udicially, to decide, settle or decree, or to sentence or condemn. 2mplies a udicial determination of a fact, and the entry of a udgment.> )ence it is that the 3ommission on )uman 'ights, having merely the power >to investigate,> cannot and should not >try and resolve on the merits> resolve on the merits> the uestion of
"A(*.) In the legal sense, "adjudicate" means: "To settle in the exercise of judicial authority. To determine nally. Synonymous with adjudge in its strictest sense;" and "adjudge" means: "To pass on judicially, to decide, settle or decree, or to sentence or condemn. Implies a judicial determination of a fact, and the entry of a judgment."
