Practice question
Teachers allege that an administrative dismissal violated their civil and political rights. They ask the CHR to reverse the disciplinary decision and enter a final binding reinstatement judgment as if it were an appellate tribunal. The CHR invokes its power to investigate. Under Cariño, which conclusion is correct?
- An allegation of human-rights injury automatically creates appellate jurisdiction
- Investigation authorizes the CHR to replace every competent tribunal
- CHR independence permits it to amend the Constitution
- The CHR's investigative authority does not confer the requested power to adjudicate or reverse the decision as an appellate body
- The CHR may convict the deciding official without trial
Legal references
- 1987 Constitution, Article XIII, Social Justice and Human Rights: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Sections 17 and 18.
- Cariño v. Commission on Human Rights, G.R. No. 96681, December 2, 1991, main decision, investigation distinguished from adjudication: https://lawphil.net/judjuris/juri1991/dec1991/gr_96681_1991.html
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