GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) and

WINSTON F. GARCIA v KAPISANAN NG MGA MANGGAGAWA

SA GSIS
G.R. No. 170132, December 6, 2006

FACTS: A mass number of GSIS employees both non-members and

members of the KMG joined a 4-day concerted demonstration against
petitioner Garcia who was alleged to have mismanaged the financial
resources of GSIS. While the Mayor of Pasay allegedly issued a rally permit,
the absence of the participating GSIS employees was not covered by a prior
approved leave. This concerted demonstration has purportedly disrupted the
public service or temporary stoppage of the operation. Petitioner Garcia, in
his capacity as the head of the agency, filed administrative charges against
the employees who partook the concerted demonstration. KMG President
Albert Velasco while commencing an instant suit against Garcia with blatant
disregard of the Civil Service Resolution No. 021316, filed a Petition for
Prohibition. The CA ruled in favor of the respondent union, holding that
Garcias filing of the administrative charges against 361 KMG members is
tantamount to grave abuse of discretion, which may be the proper subject of
the writ of prohibition.

LABOR ISSUE/S: Whether or not the mass action staged by or participated

in by said GSIS employees partook of a strike or prohibited mass action?

RULING:
Yes.
In the case at bar, what the respondent union members launched or
participated in during the 4-straight days is a form of strike, or what
contextually amounts to the same thing, a prohibited concerted activity.
Such prohibited activity includes but not limited to mass leaves, walkouts,
and pickets. The participating KMG members, and other GSIS employees
staged a walk out and waged or participated in a mass protest or
demonstration right at the very doorstep of the GSIS main building. To say
that there was no work disruption or that the delivery of services remained at
the usual level of efficiency at the GSIS main office during the 4-days of
massive walkouts and mass absences would be to understate things. The
attendance record for the period material showed that there were 851
employees of 48% of the total numbers of employees in the main offices
took to the streets during the office hours, from 6am-2pm leaving other
employees to fend for themselves in an office where a host of transactions
take place every business day. Then it was followed by a quite number of
707 employees on the second day, 538 on the third day and 306 employees
on the fourth day who continued the activity.
The Constitution provides that government employees are enjoined under
pain of administrative sanctions, all government officers and employees
from staging strikes, demonstrations, mass leaves, walkouts and other forms
of mass action which will result in temporary stoppage or disruption of
public service which is the very evil sought to be forestalled by the
prohibition against strikes by government personnel.

COMMENT: