CASE DIGEST: CONSTITUTIONAL LAW 2

PBM Employees Org v. PBM Co., Inc., 51 SCRA 189 (1973)

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Facts: Petitioners informed the respondent employers of their schedule for

a mass demonstration in protest for the alleged abuses of
the Pasig police. Respondent invoke that the demonstration is a violation
of their CBA agreement however petitioners contend it is an exercise of
their freedom to peaceable assembly to seek redress of their grievances
against the abusive Pasig police and not a strike against their employer.
Respondent dismissed the petitioners and the court sustained their
demonstration is one of bargaining in bad faith.
Issue: Whether or not there was a restraint in the exercise of the right to
peaceable assembly of the petitioners.
Held: The court held that the primacy of human rights such as freedom of
expression, of peaceful assembly and of petition for redress of grievances
over property rights has been sustained. The obvious purpose of the mass
demonstration staged by the workers of the respondent firm was for their
mutual aid and protection against alleged police abuses, denial of which
was interference with or restraint on the right of the employees to engage
in such common action to better shield themselves against such alleged
police indignities. Apart from violating the constitutional guarantees of
free speech and assembly as well as the right to petition for redress of
grievances of the employees, the dismissal of the eight (8) leaders of the
workers for proceeding with the demonstration and consequently being
absent from work, constitutes a denial of social justice likewise assured by
the fundamental law to these lowly employees.