Dela Cruz VS DECS

G.R. No. 126183. March 25, 1999

Facts:

Petitioners are public school teachers from various schools in Metro Manila who were simultaneously
charged, preventively suspended, and eventually dismissed in October 1990 by then Secretary Isidro D.
Cariio of the Department of Education, Culture and Sports based on the report submitted by their
respective school principals wherein it was alleged that the above-named teachers participated in the mass
illegal strike on Sept. 19-21, 1990 and defied the return-to-work order dated September 17, 1990 issued
by DECS. Respondents failed to explain to the DECS despite the 5 day period given. Hence they were
found guilty as charged, and subsequently dismissed from office by Sec. Carino of the DECS. The Civil
Service Commission, upon appeal, found the teachers guilty of conduct prejudicial to the best interest of
service, and imposed upon them the reduced penalty of six month’s suspension. However in view of the
length of time that the teachers had been out of service due to the dismissal issued by Sec. Carino, the
CSC likewise ordered their immediate reinstatement without back wages.

ISSUE:

Whether the teachers’ conducts are prejudicial to the best interest of service.

RULING:

Yes, the mass actions amounted to a prohibited strike of civil service servants. Although the
right to peaceably assemble and petition the government for redress of grievances is guaranteed
by the Constitution, this liberty must be exercised within reasonable limits. The public school
teachers committed acts prejudicial to the interest of the service by staging the mass protests on
regular school days, abandoning their classes and failing to return despite the return to work
order.