G.R. No. 107324 August 26, 1993
APOLINARIO ESBER, JULIETA BABARAN, MA. THERESA RIZARDO, GRACIANO BUDOY, JR., LUZ DEL CASTILLO, and RITA ATABELO, petitioners, vs. CHAIRMAN PATRICIA A. STO. TOMAS, COMMISSIONER SAMUEL N. BARLONGAY and COMMISSIONER RAMON P. ERENETA, JR., ALL OF THE CIVIL SERVICE COMMISSION and SECRETARY ARMAND FABELLA, respondents.

FACTS

On September 17, 1990, public school teachers in Metro Manila held mass actions involving mass absences and rallies. Petitioners, teachers of Ramon Magsaysay High School, held meetings on school premises on September 17, 1990, with “MPSTA updates” as the agenda. On September 19, 1990, petitioners assembled outside their school and held a mass action. On the same day, petitioner Apolinario Esber was replaced by a temporary teacher. Petitioners attempted to return to work on September 20 and 21, 1990, but were discouraged by news of their replacements. On September 25, 1990, the DECS Secretary issued formal charges and preventive suspension orders against petitioners for participating in an illegal strike/unauthorized mass action. Petitioners admitted staging a peaceful assembly and requested a formal investigation. An Investigation Committee was formed. During the administrative proceedings, petitioners’ counsel moved for suspension pending Supreme Court resolution of an injunctive writ application; when denied, petitioners staged a walkout. The investigation proceeded ex-parte. On December 17, 1990, the DECS Secretary rendered a decision dismissing Apolinario Esber and suspending the other petitioners for nine months. The Supreme Court, in a related case, denied pleas for injunctive relief, ruling the mass actions were a strike and that public sector employees do not have the right to strike. Petitioners appealed to the Civil Service Commission. The Merit Systems Protection Board modified the penalties. The Civil Service Commission, in its Resolution No. 92-230 dated February 6, 1992, affirmed with modification the MSPB decision, imposing varying suspension periods on petitioners. The Commission denied petitioners’ motion for reconsideration.

ISSUE

Whether the Civil Service Commission committed grave abuse of discretion in affirming the administrative penalties imposed on petitioners for their participation in the mass actions.

RULING

The petition is without merit. The Supreme Court found no grave abuse of discretion on the part of the Civil Service Commission. The Court reiterated its ruling in the related cases (G.R. Nos. 95445 and 95590) that the mass actions undertaken by the public school teachers constituted a strike — a concerted and unauthorized stoppage of work for essentially economic reasons. The Court had definitively ruled that employees in the public service do not have the right to strike. The DECS Secretary acted within his authority in issuing charges and preventive suspension orders. The administrative proceedings were conducted in accordance with due process; petitioners were given the opportunity to be heard but chose to walk out. The penalties imposed by the Civil Service Commission were within its authority to modify based on the evidence. The Commission’s resolutions were affirmed.