Luzviminda dela Cruz v CA, et. al. 305 SCRA 303 (March 25, 1999)

Facts: Petitioners are public school teachers from various schools in Metro Manila who were simultaneously charged, preventively suspended, and eventually dismissed in October 1990 by the Secretary of the Department of Education, Culture and Sports (DECS) in connection with the administrative complaints filed before its office by their respective principals for participating in a mass action/strike and subsequently defying the return-to-work order by DECS constituting grave misconduct., gross neglect of duty, gross violation of Civil Service Law, Rules and Regulations and reasonable office regulations, refusal to perform official duty, gross insubordination conduct prejudicial to the best interest of the service and absence without official leave (AWOL), in violation of Presidential Decree 807, otherwise known as the Civil Service Decree of the Philippines. Petitioners contend they are merely participating in a peaceful assembly to petition the government for redress of their grievances in the exercise of their constitutional right and insist their assembly does not constitutes as a strike as there is no actual disruption of classes.