SOCIAL SECURITY SYSTEM EMPLOYEES ASSOCIATION (SSSEA), DIONISION T.

BAYLON,
RAMON MODESTO, JUANITO MADURA, REUBEN ZAMORA, VIRGILIO DE ALDAY,
SERGIO ARANETA, PLACIDO AGUSTIN, VIRGILIO MAGPAYO, petitioner,
vs.
THE COURT OF APPEALS, SOCIAL SECURITY SYSTEM (SSS), HON. CEZAR C.
PERALEJO, RTC, BRANCH 98, QUEZON CITY, respondents.
G.R. No. 85279 July 28, 1989
Facts:
June 11, 1987 SSS filed with RTC Quezon City complaint for damage w/a prayer of
writ for a writ of preliminary injunction against petitioners alleging that on June 9
1987, the officers and members of SSEA staged an illegal strike and barricaded the
entrances to the SSS bldg.
SSSEA went on strike after the SSS failed to act on the union's demands, which
included: implementation of the provisions of the old SSS-SSSEA collective
bargaining agreement (CBA) on check-off of union dues; payment of accrued
overtime pay, night differential pay and holiday pay; conversion of temporary or
contractual employees with six (6) months or more of service into regular and
permanent employees and their entitlement to the same salaries, allowances and
benefits given to other regular employees of the SSS; and payment of the children's
allowance of P30.00, and after the SSS deducted certain amounts from the salaries
of the employees and allegedly committed acts of discrimination and unfair labor
practices
The court a quo, on June 11, 1987, issued a temporary restraining order pending
resolution of the application for a writ of preliminary injunction. In the meantime,
petitioners filed a motion to dismiss alleging the trial court's lack of jurisdiction over
the subject matter. July 22, 1987 order, the court a quo denied the motion to
dismiss and converted the restraining order into an injunction upon posting of a
bond, after finding that the strike was illegal. petitioners' motion for the
reconsideration of the aforesaid order was also denied on August 14, 1988.
petitioners filed a petition for certiorari and prohibition with preliminary injunction
before this Court docketed as G.R. No. 97577. In a resolution dated October 21,
1987, the Court, through the Third Division, resolved to refer the case to the Court
of Appeals. Petitioners filed a motion for reconsideration thereof, but during its
pendency the Court of Appeals on March 9,1988 promulgated its decision on the
referred case. Petitioners moved to recall the Court of Appeals' decision. In the
meantime, the Court on June 29,1988 denied the motion for reconsideration in G.R.
No. 97577 for being moot and academic. Petitioners' motion to recall the decision of
the Court of Appeals was also denied in view of this Court's denial of the motion for
reconsideration. Hence, the instant petition to review the decision of the Court of
Appeals.
Issue: Whether or not the Regional Trial Court can enjoin the Social Security System
Employees Association (SSSEA) from striking and order the striking employees to
return to work and whether or not employees of the Social Security System (SSS)
have the right to strike.

Ruling: WHEREFORE, no reversible error having been committed by the Court of

Appeals, the instant petition for review is hereby DENIED and the decision of the
appellate court dated March 9, 1988 in CA-G.R. SP No. 13192 is AFFIRMED.
Petitioners' "Petition/Application for Preliminary and Mandatory Injunction" dated
December 13,1988 is DENIED.
SO ORDERED