27. SSSEA v. CA, GR No.

85279, July 28, 1989

https://lawphil.net/judjuris/juri1989/jul1989/gr_85279_1989.html

Facts:

The SSS failed to act on the demands of SSEA’s Collective Bargaining

Agreement. Thus, the union of SSEA staged a strike. Subsequently, the SSS filed with
the RTC of QC a complaint for damages and a writ of to enjoin the union from striking
and to report back to work. However, SSEA filed a motion to dismiss the writ with the
court. The court denied the motion to dismiss. On appeal, the CA also denied the
motion on the basis that government employees, such as employees of the SSS,
cannot be allowed to strike.

Issues:

Whether or not the employees of the SSS have the right to strike.

Ruling:

No. While the constitution and statutes were silent, as to whether or not
government employees had the right to strike (at the time the disputes arose), the
Court, nevertheless, held that the employees of the SSS do not have the right to strike.

The Court maintains that Art. IX (B), Sec. 2(5), allowing for the right to self-
organization to government employees, do not include with it the right to strike. A look
into the deliberations of the Constitutional Commission with regard to the provison
expressly dictates that the right to strike is not included as an interpretation.
Furthermore, the Court asserts that, unlike private-sector employees, the terms and
conditions of employment of government employees are fixed by law, as imposed by
the legislature and the administrative heads. In fact, right after the instant dispute arose,
Sec. 4, Rule III of the Rules and Regulations to Govern the Exercise of the Right of
Government Employees to Self-organization has now expressly ruled out the right of
government employees to strike for the purpose of securing changes. Thus, the SSS
employees do not have the right to strike. The remedy for them as a union is to petition
to Congress the betterment of their terms and conditions of employment.