MURAO, JOSE PEPITO III

I. Article III Section 4, Assembly and Petition:

PBM Employees v. PBM (G.R. No. L-31195)

FACTS: On March 1, 1969, members of the Philippine Blooming Mills Employees Organization (PBMEO)
desired to stage a mass demonstration on March 4, 1969 in protest against the alleged abuse of the Pasig
police. Employees informed the company, Philippine Blooming Mills Co. (PBM) that workers from the 1 st
(6am-2pm), 2nd (7am-4pm), and 3rd (8am-5pm) shifts would participate in such demonstration at
Malacanang. A meeting on March 3 was held at the company canteen wherein the company recognized
inalienable right of union given to workers but company management emphasized that the demonstration
should not prejudice normal operation of the company. Company representatives were adamant that if
workers failed to report to work on March 4, it would amount to the violation of the Collective Bargaining
Agreement as an illegal strike. A subsequent meeting in the same day echoed the first meeting with the
company urging the union to just allow workers from 2 nd and 3rd shift to participate but the union replied
that it was too late to change their plans.
Around 400 PBM employees continued with demonstration and even sent a letter to the company
requesting that day shift employees be excused to join the demonstration. However, PBM still issued a
charge against the union, particularly its officers and first shift employees, for violating their CBA and
certain sections of the now repealed RA 875 or Act to Promote Industrial Peace. Meanwhile, the union
replied that it had not violated the CBA as prior notice was given to the company regarding the protest.
The Court of Industrial Relations found PBMEO guilty of bargaining in bad faith and unfair labor practice
with the consequence of losing employment.

ISSUE: W/N PBM and CIR decision was violative of the PBM employees’ right to peaceably assemble?
YES. Article 3, Section 4 of the Constitution posits that, “No law shall be passed abridging the freedom of
speech, of expression, or of the press, or the right of the people to peaceably assemble and petition the
government for redress of grievances.” Primacy of human rights as alluded to by Section 4 of Article 3 of
the Constitution should be maintained over property rights of the company. It is the company that is guilty
of unfair labor practice as they restrained the exercise of rights of their employees.

HELD: Petition is GRANTED.