CONSTITUTIONAL AW II

SECTION 4: FREEDOM OF SPEECH, EXPRESSION, PRESS, ASSEMBLY AND

PETITION

Topic: Assembly and Petition

PBM EMPLOYEES vs. PBM [G.R. No. L-31195 June 5, 1973]

Makasiar, J.:

FACTS:
Philippine Blooming Employees Organization (PBMEO) decided to stage
a mass demonstration in front of Malacañang to express their grievances
against the alleged abuses of the Pasig Police. They informed the Company of
their proposed demonstration. The parties conducted a meeting to discuss the
demonstration to be held and despite the pleas of the Company, PBMEO
proceeded with the plan. On the day of the demonstration, PBMEO reiterate its
notice to the by sending a cablegram, and the same was received by the
Company. Because the first shift joined the demonstration, PBM filed a case
against those employees. The petitioners filed their answer and trial ensued. The
judge ruled in favor of the PBM and the petitioner were found guilty of the
charged and lost their status as employees of the Company. Thus, the
petitioners filed motion for reconsideration, however, the Company filed an
opposition stating that said motion should be dismissed considering that a
motion for extension of the five-day period for the filing of a motion for
reconsideration should be filed before the said five-day period elapses. The
petitioners filed a written argument in support to their motion for
reconsideration. The en banc dismissed the motion for reconsideration of herein
petitioners for being pro forma as it was filed beyond the reglementary period
prescribed by its Rules.

ISSUE:
Whether or not the petitioner’s right to freedom of speech and to
peaceable assemble was violated.

RULING:
Yes. The right to freedom of speech and to peaceable assemble of the
petitioner was violated
The rights of free expression, free assembly and petition, are not only
civil rights but also political rights essential to man's enjoyment of his life, to his
happiness and to his full and complete fulfilment. Thru these freedoms the
citizens can participate not merely in the periodic establishment of the
government through their suffrage but also in the administration of public
affairs as well as in the discipline of abusive public officers. The citizen is
accorded these rights so that he can appeal to the appropriate governmental
officers or agencies for redress and protection as well as for the imposition of
the lawful sanctions on erring public officers and employees.