This case has been cited 2 times or more.
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2010-08-18 |
NACHURA, J. |
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| The civil service encompasses all branches and agencies of the Government, including government-owned or controlled corporations (GOCCs) with original charters, like the GSIS, or those created by special law. As such, the employees are part of the civil service system and are subject to the law and to the circulars, rules and regulations issued by the CSC on discipline, attendance and general terms and conditions of employment.[25] The CSC has jurisdiction to hear and decide disciplinary cases against erring employees. In addition, Section 37 (b) of Presidential Decree No. 807 or the Civil Service Decree of the Philippines also gives the heads of departments, agencies and instrumentalities, provinces, cities and municipalities the authority to investigate and decide matters involving disciplinary action against officers and employees under their jurisdiction. As for the GSIS, Section 45, Republic Act (R.A.) 8291 otherwise known as the GSIS Act of 1997, specifies its disciplining authority, viz: SECTION 45. Powers and Duties of the President and General Manager. The President and General Manager of the GSIS shall among others, execute and administer the policies and resolutions approved by the Board and direct and supervise the administration and operations of the GSIS. The President and General Manager, subject to the approval of the Board, shall appoint the personnel of the GSIS, remove, suspend or otherwise discipline them for cause, in accordance with existing Civil Service rules and regulations, and prescribe their duties and qualifications to the end that only competent persons may be employed. | |||||
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2010-07-27 |
MENDOZA, J. |
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| In the recent case of GSIS v. Kapisanan ng mga Manggagawa sa GSIS,[16] the Court upheld the position of petitioner GSIS because its employees, numbering between 300 and 800 each day, staged a walkout and participated in a mass protest or demonstration outside the GSIS for four straight days. We cannot say the same for the 20 or so employees in this case. To equate their wearing of red shirts and going to the GSIS-IU office for just over an hour with that four-day mass action in Kapisanan ng mga Manggagawa sa GSIS case and to punish them in the same manner would most certainly be unfair and unjust. | |||||