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G.R. Nos. 123562-65. November 25, 2004.
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* EN BANC.
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SANDOVAL-GUTIERREZ, J.:
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pursuant to Administrative Circular No. 1-95, docketed
therein as CA-G.R. SP Nos. 37690 and 37705-07.
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“No law shall be passed abridging the freedom of speech, of expression, or of the
press, or of the right of the people peaceably to assemble and petition government
for redress of grievances.”
“The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law
shall not be abridged.”
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first half of October, 1990 was a strike has been decided by this
Court in a resolution, dated December 18, 1990, in the herein
cited case of Manila Public School Teachers Association, et al. vs.
Laguio, Jr. (G.R. Nos. 95445 & 95590, August 6, 1991, 200 SCRA
323). It was there held ‘that from the pleaded and admitted facts,
these ‘mass actions’ were to all intents and purposes a strike; they
constituted a concerted and unauthorized stoppage of, or absence
from, work which it was the teachers’ duty to perform,
undertaken for essentially economic reasons.’
It is an undisputed fact that there was a work stoppage and
that petitioners’ purpose was to realize their demands by
withholding their services. The fact that the conventional term
‘strike’ was not used by the striking employees to describe their
common course of action is inconsequential, since the substance of
the situation, and not its appearance, will be deemed to be
controlling (Board of Education vs. New Jersey Education
Association [1968] 53 NJ 29, 247 A2d 867).”
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disruption of public service. The right of government
employees to organize is limited to the formation of unions 9
or associations only, without including the right to strike.
Here, petitioners, in joining the mass actions, failed to
hold classes to the prejudice of their students. While
petitioners have the right to assemble peaceably to air
their grievances, however, they should have exercised such
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