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BANGALISAN v.

CA, 276 SCRA 619


FACTS: Petitioners were among the 800 public school teachers who staged
mass actions to dramatize their grievances against the alleged failure of the
government to implement measures intended for their material benefit. The
Education Secretary issued a Return-to-Work Order but the petitioners failed to
comply. Hence they were charged by the Secretary with several administrative
cases leading to their dismissal from service.
ISSUE: Can government employees engage in a strike?
HELD: No. As a general rule, even in the absence of express statutory
prohibition like Memo Circ. No.6 public employees are denied the right to strike
or engage in work stoppage against a public employer. In the absence of any
express legislation allowing government employees to strike, recognizing their
right to do so, or regulating the exercise of the right, employees in the public
service may not engage in strike, walk-outs and temporary work stoppage like
workers in the private sector.

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