Case Summary (G.R. No. 96681)
Facts of the Mass Concerted Action
On September 17, 1990, members of the Manila Public School Teachers Association and the Alliance of Concerned Teachers collectively stayed away from their classes and assembled peacefully at Liwasang Bonifacio to dramatize unresolved grievances, following an unheeded rally on September 14.
Return-to-Work Orders and Administrative Charges
Secretary Carino issued a 24-hour return-to-work order, threatened dismissal for noncompliance, and directed DECS officials to initiate dismissal proceedings. An investigating committee under P.D. 807 charged the private respondents, preventively suspended them for 90 days, and conducted formal hearings.
Outcome of DECS Proceedings
After evaluating evidence and submissions, Secretary Carino’s December 17, 1990 decision dismissed Apolinario Esber from service and imposed nine-month suspensions on Babaran, Budoy, and del Castillo for defying official orders.
Parallel Judicial Actions
The Manila Public School Teachers Association and the Alliance of Concerned Teachers filed certiorari petitions in the Regional Trial Court and subsequently before the Supreme Court (G.R. Nos. 95445 and 95590), challenging due process. Both petitions were dismissed on August 6, 1991, affirming the legality of the DECS disciplinary measures.
CHR Complaints and Investigation
On September 27, 1990, the eight teachers filed sworn complaints with the CHR alleging sudden replacement and wage deprivation without notice or hearing. The CHR scheduled a dialogue for October 11, 1990, and subpoenaed Secretary Carino and Dr. Lolarga to appear.
Motion to Dismiss and CHR Order
Secretary Carino moved to dismiss CHR Case No. 90-775 for lack of jurisdiction and failure to state a cause of action. On December 28, 1990, the CHR denied the motion, ordered counter-affidavits within ten days, and declared its intent to resolve the complaint on the merits.
Constitutional Threshold on CHR Powers
Under the 1987 Constitution, the CHR’s authority is limited to investigating human rights violations involving civil and political rights. It lacks adjudicatory power to apply law to facts and render binding judgments, a function reserved to courts and qua
...continue readingCase Syllabus (G.R. No. 96681)
Procedural History
- Petition for certiorari and prohibition filed by the Solicitor General on behalf of Secretary Carino challenging the Commission on Human Rights (CHR) Order of December 28, 1990
- Underlying administrative case (DECS Case No. 90-082) heard by Secretary Carino, resulting in dismissals and suspensions (Dec. 17, 1990)
- Separate certiorari petitions by MPSTA and ACT dismissed by the Supreme Court in G.R. Nos. 95445 and 95590 (Aug. 6, 1991)
- CHR docketed “Striking Teachers CHR Case No. 90-775” based on complaints of 42 teachers and issued a show-cause order against petitioners
- Petitioners’ motion to dismiss CHR proceedings denied (Dec. 28, 1990), prompting the present special civil action
Facts
- On September 17, 1990, about 800 public school teachers, including members of MPSTA and ACT, staged a “mass concerted action” by staying away from classes and holding assemblies at Liwasang Bonifacio
- Secretary Carino issued a 24-hour return-to-work order and threatened dismissals; mass actions continued and additional teachers joined
- Eight respondents (teachers at Ramon Magsaysay High School) were administratively charged, preventively suspended for 90 days, and given five days to answer
- The respondents chose formal investigation, moved to suspend proceedings pending injunctive relief, and walked out after motions were denied
- Secretary Carino’s Decision (Dec. 17, 1990) dismissed Apolinario Esber and suspended Budoy, Babaran, and del Castillo for nine months
- MPSTA and ACT filed certiorari petitions before the RTC and Supreme Court, both ultimately dismissed without prejudice to appeal to the Civil Service Commission
- Respondent teachers filed sworn complaints with CHR (Sept. 27, 1990), alleging lack of notice and due process, leading to CHR Case No