G. R. No.

170132
GSIS

vs.

Dec. 6, 2006

Kapisanan ng mga manggagawa sa GSIS

Facts: A four-day rally in October 2004 was held in front of GSIS main office in Pasay
City. It was participated by the members of herein respondent KMG and appeared that
they target petitioner Garcia and his management style. However, the manager of GSIS
investigation unit required them to submit an answer as to why they should not be
charged administratively. Although they had a rally permit, their absence was not
covered by a prior leave. However the KMG thru its president ignored the said formal
charges and filed a Petition for prohibition (CA), on contrary, Garcia averred that the
case was filed by an unauthorized representative.
However the CA granted the petition of KMG finding that Garcias filing of
administrative charges against 361 of KMGs members amounts to grave abuse of
discretion.

ISSUE: Whether or not the mass action participated by GSIS employees is a prohibited
concerted mass action.

Held:
The court ruled in affirmative holding that the filing of administrative charges were prima
facie inasmuch as engaging in mass actions resulting in work stoppage or service or
service constitutes the punishable offense of acting prejudicial to the best interest og the
service. The court reversed and set aside the decision of the CA and ruled that if it
remain undisturbed (decision of CA) it would permit the emergence of a system where
public sector workers are immune for acts that are concededly unlawful.