Right to Information

Social Security System (SSS) Employees Association

vs.
Court of Appeals
G.R. No. 85279, July 28, 1989
Facts:
The petitioners went on strike after the SSS failed to act upon the unionsdemands
concerning the implementation of their CBA. SSS filed before the courtaction for
damages with prayer for writ of preliminary injunction against petitioners for staging an
illegal strike. The court issued a temporary restrainingorder pending the resolution of the
application for preliminary injunction while petitioners filed a motion to dismiss alleging
the courts lack of jurisdiction over the subject matter. Petitioners contend that the court
made reversible error in taking cognizance on the subject matter since the jurisdiction lies
on the DOLE or the National Labor Relations Commission as the case involves a labor
dispute. The Social Security System contends on one hand that the petitioners are covered
by the Civil Servicelaws, rules and regulation thus have no right to strike. They are not
covered by the NLRC or DOLE therefore the court may enjoin the petitioners from
striking.
Issue:
Whether or not Social Security System employers have the right to strike.
Ruling:
The Constitutional provisions enshrined on Human Rights and Social Justice
provides guarantee among workers with the right to organize and conduct
peacefulconcerted activities such as strikes. On one hand, Section 14 of E.O No. 180
provides that the Civil Service law and rules governing concerted activities and strikes
in the government service shall be observed, subject to any legislation that may be
enacted by Congress referring to Memorandum Circular No. 6, s. 1987 of the Civil
Service Commission which states that prior to the enactment by Congress of applicable
laws concerning strike by government employees enjoinsunder pain of administrative
sanctions, all government officers and employeesfrom staging strikes, demonstrations,
mass leaves, walk-outs and other forms of mass action which will result in temporary
stoppage or disruption of public service. Therefore in the absence of any legislation
allowing government employees tostrike they are prohibited from doing so.