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Narratives

Constitutional Law II
Michael Vernon Guerrero Mendiola 2005 Shared under Creative Commons AttributionNonCommercial-ShareAli e !"0 #hili$$ines license"

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berne&uerrero"word$ress"com . Guerrero (as a senior law student) during the First Semester school year !""#$!""% in the &olitical 'aw (e)iew class under *ean Mariano Magsalin +r. .#)M/ 0G% L-!11253 5 4une 125!6 """ 1 This collection contains one (1) case summarized in this format by Michael Vernon M.r&ani-ation v" #hili$$ine )loomin& Mills . at the .om/iled as &*F Se/tember !"1!. 1e /assed the &hili//ine bar e2aminations immediately after (.-S')./ril !""3).-S' in +une !""! and e)entually graduated from .-S' in !""%.rellano -ni)ersity School of 'aw (. 0erne Guerrero entered .'able o( Contents #)M *m$lo+ees .

hey informed the -ompany of their proposed demonstration."preme -o"rt. on the gro"nd that their fail"re to file their motion for reconsideration on time #as d"e to e6c"sable negligence and honest mista$e committed by the president of the 7nion and of the office cler$ of their co"nsel& 8itho"t #aiting for any resol"tion on their petition for relief. its employees. Philippine Blooming Mills (PBM) [GR L. fo"nd PBMEO g"ilty of bargaining in bad faith and declaring the officers and members directly responsible for perpetrating the said "nfair labor practice and #ere considered to ha+e lost their stat"s as employees of the company& % motion for reconsideration #as filed 1* . a notice of appeal& +ss%e* 8hether the -ompany can pre+ent its #or$ers from engaging in concerted acti+ity against alleged ab"ses of policemen. being directed against alleged ab"ses of policemen and not against their employer. charging the PBMEO officers and participating members of +iolation of . to be participated in by the #or$ers in the first shift (from 6 %&M& to ' P&M&) as #ell as those in the reg"lar second and third shifts (from ( %&M& to ! P&M& and from ) %&M& to * P&M&. in protest against alleged ab"ses of the Pasig police. as #ell as . there is no finding in+ol+ing the loss act"ally s"stained by the firm& On the contrary.al+ador.el-* ."ch sa+ings co"ld ha+e amply compensated for "nrealized profits or damages it might ha+e s"stained by reason of the absence of its #or$ers for only one day& Constitutional Law II. Makasiar (J): 4 concur. PBMEO filed on / 1o+ember 1969. the company sa+ed a sizable amo"nt in the form of #ages for its h"ndreds of #or$ers.eptember 1969.ection 1*.he charge #as follo#ed by the filing of a corresponding complaint on 1) %pril 1969& 3"dge 3oa4"in . PBMEO filed #ith the -o"rt of 5nd"stria 0elations (-50) a petition for relief from the order dated 9 October 1969.eptember 1969. 1 took no part.he -ompany filed on ! March 1969 #ith the lo#er co"rt.ection !(a) to 6 in relation to .tri$e and 1o 2oc$o"t& . cost of f"el.11!"# " $%ne 1!& ' First Division.hey e6ercised their ci+il and political rights for their m"t"al aid and protection from #hat they belie+e #ere police e6cesses& 5t #as the d"ty of the firm to protect the 7nion and its members from the harassment of local police officers& 5t #as to the interest of the firm to rally to the defense of. of 0ep"blic %ct )(* and #ith the -B% pro+iding for 1o . 2005 ( 1 ) . #ith the . members and officers of the Philippine Blooming Mills Employees Organization (PBMEO) decided to stage a mass demonstration at Malaca ang on ! March 1969. #hich #as dismissed in a resol"tion dated 9 October 1969& On /1 October 1969. and to ta$e "p the c"dgels for. 1 dissents. so that they can report to #or$ free from harassment. else its profits& . #ater and electric cons"mption that day& . especially if s"ch #or$ stoppage #o"ld pre9"dice the -ompany:s operation. (a)ts* On 1 March 1969. #as p"rely and completely an e6ercise of their freedom of e6pression in general and of their right of assembly and of petition for redress of grie+ances in partic"lar before the appropriate go+ernmental agency& . 1 concur in separate opinion.Narratives (Berne Guerrero) 1 PBM Employees Organization v. and proceeded #ith the demonstration despite pleas from the Philippine Blooming Mills& . +e6ation or peril and as a conse4"ence perform more efficiently their respecti+e tas$s to enhance its prod"cti+ity as #ell as profits& %ltho"gh the demonstration paralyzed to a large e6tent the operations of the complainant company. 1 concur to dissenting opinion.he demonstration. in an order dated 1* .ection 1/ to 1!. respecti+ely)& .