Human Rights

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HUMAN RIGHTS
CASES:

ISIDRO CARIÑO v. CHR

FACTS: On September 17, 1990, some 800
public school teachers in Manila did not attend
work and decided to stage rallies in order to air
grievances. As a result thereof, eight teachers
were suspended from work for 90 days. The
issue was then investigated, and on December
17, 1990, DECS Secretary Isidro Cariño ordered
the dismissal from the service of one teacher
and the suspension of three others. The case

was appealed to the Commission on Human
Rights. In the meantime, the Solicitor General
filed an action for certiorari regarding the case
and prohibiting the CHR from continuing the
case. Nevertheless, CHR continued trial and
issued a subpoena to Secretary Cariño.
ISSUE: Whether or not CHR has the power to
try and decide and determine certain specific
cases such as the alleged human rights
violation involving civil and political rights.
HELD: No. The CHR is not competent to try
such case. It has no judicial power. It can only
investigate all forms of human rights violation
involving civil and political rights but it cannot
and should not try and decide on the merits
and matters involved therein. The CHR is
hence then barred from proceeding with the
trial.

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