VILLAVIZA ISSUE: WON respondents abused their Right to Assemble and
Topic: Right to Assemble and to Seek Redress of Grievances from be punished pursuant to the rules and regulations of the GSIS the Government WON government employees have the Right to Assemble even FACTS: though they work for the government On 27 May 2005, respondent, wearing red shirt together HELD: with some employees, marched to or appeared NO simultaneously at or just outside the office of the The CSC found that the acts of respondents in going to Investigation Unit in a mass demonstration/rally of protest the GSIS-IU office wearing red shirts to witness a public and support for Messrs. Mario Molina and Albert Velasco hearing do not amount to a concerted activity or mass That some of these employees badmouthed the security action proscribed above. guards and the GSIS management and defiantly raised As defined in Section 5 of CSC Resolution No. 02-1316 clenched fists led by Atty. Velasco who was barred by which serves to regulate the political rights of those in Hearing Officer Marvin R. Gatpayat in an Order dated 24 the government service, the concerted activity or mass May 2005 action proscribed must be coupled with the "intent of PGM Garcia then filed the above-mentioned formal charges effecting work stoppage or service disruption in for Grave Misconduct and/or Conduct Prejudicial to the Best order to realize their demands of force concession." Interest of the Service against each of the respondents Wearing similarly colored shirts, attending a public On appeal, the Civil Service Commission (CSC) found the hearing at the GSIS-IU office, bringing with them recording gadgets, clenching their fists, some even respondents guilty of the lesser offense of Violation of badmouthing the guards and PGM Garcia, are acts not Reasonable Office Rules and Regulations and reduced the constitutive of an (i) intent to effect work stoppage or penalty to reprimand. service disruption and (ii) for the purpose of realizing PGM Garcia sought reconsideration but was denied. their demands of force concession. PGM Garcia then went to the CA to appeal Government workers, whatever their ranks, have as The CA upheld the CSC stating that the acts committed by much right as any person in the land to voice out the respondents hardly falls within the definition of a their protests against what they believe to be a prohibited concert activity or mass action. violation of their rights and interests. The petitioners failed to prove that the supposed convert It would be unfair to hold that by joining the activity of the respondents resulted in work stoppage and government service, the members thereof have caused prejudice to the public service renounced or waived this basic liberty. This freedom can be reasonably regulated only but can never be Note: Only about twenty (20) out of more than a hundred taken away. employees at the main office, joined the activity sought to be This [Right to Assemble] freedom can be reasonably punished. regulated only but can never be taken away. PGM Garcia then submitted a petition to review before the Supreme Court PETITION DENIED