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

SARMIENTO, J., dissenting:

Like Justice Gutierrez; I have difficulty concurring with the majority.

What I indeed find apparent is that a thousand or so of our countrymen will be out of work because the Supreme Court can not supposedly try facts.

The duty of the Court, as the Constitution expresses it, is, among other things:

. . . to determine whether or not there has been a grave abuse of discretion . . . on the part of any branch or instrumentality of the Government. ¹

It is a duty, so I submit, from which the Court can not shirk on the handy excuse that it is being made to try facts. I submit that it is a duty that often requires, precisely,...