Shahira Karla R.

Belandres

Constitutional Law II

Government Service Insurance System (GSIS) and Winston F. Garcia, in his capacity as GSIS President
and General Manager vs. Kapisanan ng mga Manggagawa sa GSIS (KMG)

G.R. No. 170132 December 6, 2006

This is a petition for review for certiorari filed by petitioner GSIS and private petitioner Garcia
assailing and seeking to nullify the decision on Garcia’s motion for reconsideration when KMG
commenced a petition for prohibition on the ground that its members should not be made to explain
why they supported their union's cause.

Facts:

A four-day demonstration of petitioner Garcia’s mismanagement of financial resources of GSIS

was conducted by GSIS employees, both members and non-members of KMG. While Pasay City Mayor
allegedly issued a rally permit, the absence of the said GSIS employees was not covered by a prior
approved leave. As result, Petitioner Garcia filed administrative charges against employees who
participated on the concerted demonstration.

KMG President Velasco, while commencing am instant suit against Garcia with blatant disregard
of the Civil Service Resolution No. 021316, filed a petition for prohibition. However, the Court of Appeals
(CA) ruled in favor of the respondent union on the ground that the said administrative charges against
three hundred sixty one (361) KMG Members is tantamount to grave abuse of discretion, and may be
subjected to writ of prohibition.

Issues:

Whether or not GSIS and Garcia should be enjoined from implementing the formal
administrative charges made against members of a KMG for staging a demonstration without prior
approved leave?

Held:

No. GSIS employees are part of civil service system and are subject to circulars, rules and
regulations issued by the Civil Service Commission on discipline, attendance and general terms and
conditions of employment inclusive of matters involving self organization, strikes, demonstrations and
like concerted actions

The CA equated the right to form associations with the right to engage in strike and similar
activities available to workers in the private sector. However, this is contrary to Sec. 4 in relation to
Sec. 5 of CSC Resolution No. 021316. It may be that the freedom of expression and assembly and the
right to petition the government for a redress of grievances stand on a level higher than economic
and other liberties. However these rights do not include the right on the part of government
personnel to strike ought to be. CA Decision and Resolution are reversed and set aside. The writ of
prohibition issued is nullified.