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  • Sssea v. Ca Digest

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    CZARINA ANN CASTRO
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    The Supreme Court ruled that: 1) SSS employees are considered civil servants and are prohibited from striking under Civil Service rules. 2) Neither the Department of Labor and Employment nor the National Labor Relations Commission have jurisdiction over the case, but instead it falls under the Public Sector Labor-Management Council. 3) In the absence of legislation allowing government employees to strike, the court has jurisdiction to issue an injunction preventing the SSS employees from striking.

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    SSSEA V. CA DIGEST

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    The Supreme Court ruled that: 1) SSS employees are considered civil servants and are prohibited from striking under Civil Service rules. 2) Neither the Department of Labor and Employment nor the National Labor Relations Commission have jurisdiction over the case, but instead it falls under the Public Sector Labor-Management Council. 3) In the absence of legislation allowing government employees to strike, the court has jurisdiction to issue an injunction preventing the SSS employees from striking.

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    71 views1 page

    Sssea v. Ca Digest

    Uploaded by

    CZARINA ANN CASTRO
    The Supreme Court ruled that: 1) SSS employees are considered civil servants and are prohibited from striking under Civil Service rules. 2) Neither the Department of Labor and Employment nor the National Labor Relations Commission have jurisdiction over the case, but instead it falls under the Public Sector Labor-Management Council. 3) In the absence of legislation allowing government employees to strike, the court has jurisdiction to issue an injunction preventing the SSS employees from striking.

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    of 1

    SSS Employee Asso.

    v CA 175 SCRA 686 (July 28, 1989) employees are part of the civil service and are covered by the Civil Service
    Commission’s memorandum prohibiting strikes.
    Facts: The petitioners went on strike after the SSS failed to act upon the union’s
    demands concerning the implementation of their CBA. SSS filed before the court Neither the DOLE nor the NLRC has jurisdiction over the subject matter but instead it
    action for damages with prayer for writ of preliminary injunction against petitioners is the Public Sector Labor-Management Council which is not granted by law
    for staging an illegal strike. The court issued a temporary restraining order pending authority to issue writ of injunction in labor disputes within its jurisdiction thus the
    the resolution of the application for preliminary injunction while petitioners filed a resort of SSS before the general court for the issuance of a writ of injunction to
    motion to dismiss alleging the court’s lack of jurisdiction over the subject matter.  enjoin the strike is appropriate.
    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 SSS contends on one hand that
    the petitioners are covered by the Civil Service laws, 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 SSS employers have the right to strike


                Whether or not the CA erred in taking jurisdiction over the subject matter. 

    Held: The Constitutional provisions enshrined on Human Rights and Social Justice


    provides guarantee among workers with the right to organize and conduct peaceful
    concerted 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 enjoins under pain of
    administrative sanctions, all government officers and employees from 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 govt. employees to strike they are prohibited
    from doing so.

    In Sec. 1 of E.O. No. 180 the employees in the civil service are denominated as
    “government employees” and that the SSS is  one such government-controlled
    corporation with an original charter, having been created under R.A. No. 1161, its

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