UP-PGH personnel planning mass leave warned of sanctions

MANILA, Philippines - The Civil Service Commission (CSC) yesterday warned doctors and employees of the University of the Philippines-Philippine General Hospital (UP-PGH) that they could be charged with an administrative offense if they go on with their planned mass leave.

In a statement, CSC chairman Francisco Duque III said “mass leaves and other prohibited concerted mass actions are conducts prejudicial to the best interest of the service and, therefore, considered an administrative offense.”

Seventy-three UP-PGH doctors threatened to go on mass leave last week to protest the ouster of Dr. Jose Gonzales as PGH director and the installation of his replacement, Dr. Enrique Domingo.

Last Feb. 25, the UP Board of Regents (UP-BOR) nullified the Dec. 18, 2009 election of Gonzales as new PGH director after student regent Charisse Banez, who cast the decisive vote for Gonzales, was declared ineligible to vote for failing to enroll for the second semester of academic year 2009-2010. 

In an election held the same day, Domingo was elected new PGH director and sworn into office the next day.

Under CSC Resolution No. 021316, the term “prohibited concerted mass action” includes mass leaves, walkouts, pickets and acts of similar nature. 

The CSC, however, maintained that this is without prejudice to the right of government employees to assemble peacefully and petition the government for a redress of grievances. 

“A concerted activity or mass action done outside of government office hours is not considered a prohibited concerted activity or mass action provided the same shall not occasion or result in the disruption of work or services,” the resolution stated.

Duque warned that such an offense is punishable with up to one year suspension, citing decisions of the Supreme Court (SC) in Bangalisan vs. Court of Appeals, 276 SCRA 619 (1997) and in Manila Public School Teachers Association (MPSTA) vs. Laguio Jr. 200 SCRA 323 (1991), and CSC Resolution No. 021316 dated Oct. 11, 2002. 

In Banglisan vs. Court of Appeals, the high tribunal ruled that “while the Constitution recognizes the right of government employees to organize, they are prohibited from staging strikes, demonstrations, mass leaves, walk-outs and other forms of mass actions that will result in temporary stoppage or disruption of public services.”

In the MPSTA case, the SC said that “the belief in the righteousness of their cause, no matter how deeply and fervently held, gives the teachers’ concern no license to abandon their duties, engage in unlawful activity, defy constituted authority and set a bad example to their students.”

Duque said protesting groups should “respect the rule of law and wait for the decision” of the Quezon City Regional Trial Court on the case.     – Sheila Crisostomo