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GSIS vs. City Treasurer of Manila DIGEST
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Case No. 519
Manila Public Schools Teachers Association vs. Laguio Jr. G.R. No. 95445 August 6, 1991 Article III, Section VIII Facts:
There were mass actions by 800 Public School Teachers which was caused by the alleged failure of authorities to act upon the teacher teach er s grievances such as the immediate payment of due th chalk , clothing allowances, 13 month pay arising from the salary standardization law, and a few others more. ’
Even on September 17, 1990, the mass actions continued which was a Monday and a school day. Some of the teachers who participated participated in the mass actions did not hold classes that day. The secretary of education filed cases against those teachers who participated in the mass actions on the grounds of grave misconduct, gross neglect of duty, gross violation of Civil Service Law, absence without official leave and the likes and placed them on a 90-day preventive suspension period. Issue:
W/n employees in public service prohibited in con ducting strikes.. Held:
Yes, The SC held that the mass actions held by the teachers shall be considered strikes because their main purpose was the stoppage of or absence from work. Employees in public service do not have the right to strike because this constitutes a disturbance in public service. In addition, employment in the government is governed by law and the terms and conditions of employment are affected through statutes and admini strative rules and regulations, not by collective bargaining agreements. In this case the teachers absented from their work in order to participate in the mass action that was happening on a Monday.
