8/10/2019 PBM EMPLOYEES ORG v. PBM Co. INC.pdf

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CASE DIGEST: CONSTITUTIONAL LAW 2

PBM Employees Org v. PBM Co., Inc., 51 SCRA 189 (1973)http://talkaboutphilippinelaw.weebly.com/1/post/2011/02/pbm-employees-asso-v-pbm-51-scra-189-1973.html

Facts: Petitioners informed the respondent employers of their schedule fora mass demonstration in protest for the alleged abuses ofthe Pasig police. Respondent invoke that the demonstration is a violationof their CBA agreement however petitioners contend it is an exercise oftheir freedom to peaceable assembly to seek redress of their grievancesagainst the abusive Pasig police and not a strike against their employer.Respondent dismissed the petitioners and the court sustained theirdemonstration is one of bargaining in bad faith.

Issue: Whether or not there was a restraint in the exercise of the right topeaceable assembly of the petitioners.

Held: The court held that the primacy of human rights such as freedom ofexpression, of peaceful assembly and of petition for redress of grievancesover property rights has been sustained. The obvious purpose of the massdemonstration staged by the workers of the respondent firm was for theirmutual aid and protection against alleged police abuses, denial of whichwas interference with or restraint on the right of the employees to engagein such common action to better shield themselves against such allegedpolice indignities. Apart from violating the constitutional guarantees of

free speech and assembly as well as the right to petition for redress ofgrievances of the employees, the dismissal of the eight (8) leaders of theworkers for proceeding with the demonstration and consequently beingabsent from work, constitutes a denial of social justice likewise assured bythe fundamental law to these lowly employees.