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GSIS vs.

KAPISANAN ng mga Manggagawa sa GSIS


510 S 623
FACTS: A four day concerted demonstration, rallies and
en masse walkout was held in front of the GSIS main
building in Pasay City. The mass action participants
were GSIS personnel, among them are members of the
herein KAPISANAN, a public sector union of GSIS rank
and file employees. Said mass action targets the
herein petitioner GARCIA and his management style.
On October 10, 2004 the manager of the GSIS
Investigating Unit issued a Memo directing 131 union
and non-union members to show cause why they
should
not
be
charged
administratively
for
participating in the rally. KAPISANANs counsel, Atty.
Molina sought reconsideration of the said memo on the
ground that the subject employees resumed work in
obedience of the return to work issued.
However, the plea of reconsideration was denied by
the filing, on October 25 2004, of the administrative
charges against some 110 KAPISANAN members for
grave misconduct and conduct prejudicial to the best
interest of the service. KAPISANAN then filed a Petition
for Prohibition before the CA, on the grounds that:
1. Members should not be made to explain why
they supported their unions cause
2. Petitioner Garcia blatantly disregarded Civil
Service Reso No. 021316 otherwise known as
the Guidelines for Prohibited Mass Action

Pending resolution of the petition for prohibition of the


CA, the GSIS Management proceeded with the
investigation of the admin cases which resolved 207
out of 278 cases, resulting to the exoneration of 20
respondent-employees,
reprimand
of
182
and
suspension of 5.
On June 16 2005, the CA rendered the herein
ASSAILED decision holding that Garcias filing of admin
charges against 361 of KAPISANANs members is
TANTAMOUNT to GRAVE ABUSE OF DISCRETION which
may be the proper subject of the writ of prohibition.
Unable to accept the above ruling, petitioner GARCIA
sought reconsideration, which was denied. Hence this
petition.
ISSUE: Whether or not the right of public sector to form
unions or associations include right to strike?
HELD: Negative. Employees in the public service may
not engage in strikes or in concerted and unauthorized
stoppage of work. The right of government employees
to organize is limited to the formation of unions or
associations, without including the right to strike. Fact
remains that the erring employees, instead of
exploring non-crippling activities during their free time,
had taken a disruptive approach to attain whatever it
was they were specifically after. As events evolved,
they assembled in front of the GSIS main office
building during office hours and staged rallies and
protests, and even tried to convince others to join their
cause, thus provoking work stoppage and service-

delivery

disruption,

the

very

evil

sought

to

be

forestalled by the prohibition


government personnel.

against

strikes

by