Manila Public School Teachers Association, Et Al. Vs. Perfecto Laguio, Jr. [DISSENTING OPINION, PADILLA, J.]

MANILA PUBLIC SCHOOL TEACHERS ASSOCIATION, FIDEL FABABIER, MERLIN ANONUEVO, MINDA GALANG and other teacher-members so numerous similarly situated, petitioner-appellants, vs. THE HON. PERFECTO LAGUIO, JR., in his capacity as Presiding Judge of the Regional Trial Court of Manila, Branch 18, HON. ISIDRO CARINO, in his capacity as Secretary of Education, Culture and Sports and the HON. ERLINDA LOLARGA, in her capacity as Manila City Schools Superintendent, respondents-appellees.

G.R. No. 95445 | 1991-08-06

Political Law; Constitutional Law; Bill of Rights; Right of Association

Civil Service Law; right of government employees to self-organization is limited to the formation of unions or associations only, without including the right to strike

PADILLA, J., dissenting:

The majority opinion has compressed the issue to whether there has been a denial of due process to the teachers, disregarding altogether the constitutional right to peaceably assemble and petition the government for redress of grievances (Art. III, par. 4 Bill of Rights of the 1987 Constitution). But even limiting oneself to the issue of denial of due process, the majority opinion asserts that it is not ripe for adjudication by the Court in the exercise of its review jurisdiction because the issue involves questions of fact. But why then does the majority opinion proceed to declare/recognize the mass action of the...