Prohibited Concerted Mass Action
I. Introduction
Under the new CSC directive, government workers who go on mass actions and protests will be held administratively liable for the offense of Conduct Prejudicial to the Best Interest of the Service. This offense is punishable with six months and one day to one year suspension, and such other offenses as may be warranted under the circumstances.
The CSC cited and underscored the Decision en banc of the Supreme Court in Bangalisan vs. Court of Appeals, 276 SCRA 619 (1997), the Decision of the Supreme Court in Manila Public School Teachers Association (MPSTA) vs. Laguio Jr. 200 SCRA 323 (1991) and CSC Resolution No. 021316 dated October 11, 2002.
In Bangalisan vs. Court of Appeals, the Supreme Court held that "While the Constitution recognizes the right of government employees to organize, they are prohibited from staging strikes, demonstrations, mass leaves, walk-outs and other forms of mass actions that will result in temporary stoppage or disruption of public services."
In MPSTA case, the Supreme Court said. "xxx The belief in the righteousness of their cause, no matter how deeply and fervently held, gives the teachers concerned no license to abandon their duties, engage in unlawful activity, defy constituted authority and set a bad example to their students."
Under CSC Resolution No. 021316, the phrase "prohibited concerted mass action" shall include mass leaves, walk-outs, pickets and acts of similar nature. However, the CSC said that this is without prejudice to the right of government employees to assemble peacefully and to petition the government for a redress of grievances. A concerted activity or mass action done outside of government office hours is not considered a prohibited concerted activity or mass action provided the same shall not occasion or result in the disruption of work or services. II. Story of the Case
Mr. Winston Garcia (PGM Garcia), as President and General Manager of the GSIS, filed separate formal charges against
Under the new CSC directive, government workers who go on mass actions and protests will be held administratively liable for the offense of Conduct Prejudicial to the Best Interest of the Service. This offense is punishable with six months and one day to one year suspension, and such other offenses as may be warranted under the circumstances.
The CSC cited and underscored the Decision en banc of the Supreme Court in Bangalisan vs. Court of Appeals, 276 SCRA 619 (1997), the Decision of the Supreme Court in Manila Public School Teachers Association (MPSTA) vs. Laguio Jr. 200 SCRA 323 (1991) and CSC Resolution No. 021316 dated October 11, 2002.
In Bangalisan vs. Court of Appeals, the Supreme Court held that "While the Constitution recognizes the right of government employees to organize, they are prohibited from staging strikes, demonstrations, mass leaves, walk-outs and other forms of mass actions that will result in temporary stoppage or disruption of public services."
In MPSTA case, the Supreme Court said. "xxx The belief in the righteousness of their cause, no matter how deeply and fervently held, gives the teachers concerned no license to abandon their duties, engage in unlawful activity, defy constituted authority and set a bad example to their students."
Under CSC Resolution No. 021316, the phrase "prohibited concerted mass action" shall include mass leaves, walk-outs, pickets and acts of similar nature. However, the CSC said that this is without prejudice to the right of government employees to assemble peacefully and to petition the government for a redress of grievances. A concerted activity or mass action done outside of government office hours is not considered a prohibited concerted activity or mass action provided the same shall not occasion or result in the disruption of work or services. II. Story of the Case
Mr. Winston Garcia (PGM Garcia), as President and General Manager of the GSIS, filed separate formal charges against