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Hanna Dominique H.

Besa, 1-E

Cario (Secretary of DECS) v. CHR statements to the CHR to complain that


while participating in the mass actions,
FACTS: their replacements as teachers was
On a Monday and a class day, some allegedly without notice and
800 public school teachers, among them consequently for reasons completely
member of the Manila Public School unknown to them.
Teachers Association (MPSTA) and Sec. Cario filed a motion to dismiss the
Alliance of Concerned Teachers (ACT) complaints on the grounds that it states
undertook mass concerted actions to no cause of action and that the CHR has
dramatize and highlight their plight no jurisdiction over the case.
resulting from the alleged failure of the Judgments affecting the striking
public authorities to act upon grievances teachers decreed the dismissal of one
that had time and again been brough to respondent and the suspension for 9
their attention. They stayed away from months of the others that it would be
their classes, converged at the better to take to the Civil Service
Liwasang Bonifacio, gathered in Commission on the matters complained
peaceable assemblies, and so on. of, and ruling Carios orders prima facie
The teachers were served with an order lawful.
of the Secretary of Education to return to The CHR denied Carios motion to
work in 24 hours or face dismissal, and dismiss, clearing its postion to determine
a memorandum directing the DECS to adjudicate the same issues passed
officials concered to initiate dismissal upon by the DECS,
proceedings against those who did not ISSUE: W/N the CHR has the power under
comply and to hire their replacements. the Constitution to do so like a court of
Despite this, the mass actions continued justice or evena quasi-judicial agency
into the week with more teachers joining
in the days that followed. HELD: The CHR has no such power; and
Eight of the private respondents, it was not meant by the fundamental law
teachers at Ramon Magsaysay High to be another court or quasi-judicial
School, Manila agreed to support the agency, or duplicate the functions of the
non-political demands of the MPSTA. latter.
For failure to heed the return-to-work At most, it may investigate, receive
order,private respondents, CHR evidence and make findings of fact as
complainants, were administratively regards to claimed human rights
charged on the basis of the principals violations involving civil and political
report and given 5 days to answer the rights.
charges. They were suspended for 90 Fact finding is not adjudication, and
days pursuant to Sec. 41 of PD 807, and cannot be likened to the judicial function
temporarily replaced of a court of justice or even a quasi-
The CHR complainants filed for a motion judicial agency or official.
for suspension of administrative The issues on whether the Secretary of
proceedings which was denied, and so Education committed human rights
they staged a walkout signifying their violations involving civil and political rights
intent to boycott the entire proceedings. are matters that may be passed upon and
The MPSTA filed a petition for certiorari determined through a motion for
to the SC against petitioner Cario, reconsidereation addressed to the
initially dismissed by the RTC, on the Secretary of Education himself, reviewed by
alleged violation of their right to due the Civil Service Commision, and eventually,
process and peaceable assmebly. ACT the Supreme Court.
filed a similar petition with the SC.
The resp. teachers submitted sworn