Philippine Blooming Mills Employees Organization vs.

PBM, 51 SCRA 189

Facts: Philippine Blooming Employees Organization (PBMEO) decided to stage a
mass demonstration in front of Malacaang to express their grievances against the
alleged
abuses
of
the
Pasig
Police.
After learning about the planned mass demonstration, Philippine Blooming Mills Inc.,
called for a meeting with the leaders of the PBMEO. During the meeting, the
planned demonstration was confirmed by the union. But it was stressed out that the
demonstration was not a strike against the company but was in fact an exercise of
the laborers inalienable constitutional right to freedom of expression, freedom of
speech
and
freedom
for
petition
for
redress
of
grievances.
The company asked them to cancel the demonstration for it would interrupt the
normal course of their business which may result in the loss of revenue. This was
backed up with the threat of the possibility that the workers would lose their jobs if
they
pushed
through
with
the
rally.
A second meeting took place where the company reiterated their appeal that while
the workers may be allowed to participate, those from the 1st and regular shifts
should not absent themselves to participate , otherwise, they would be dismissed.
Since it was too late to cancel the plan, the rally took place and the officers of the
PBMEO were eventually dismissed for a violation of the No Strike and No Lockout
clause
of
their
Collective
Bargaining
Agreement.
The lower court decided in favor of the company and the officers of the PBMEO were
found guilty of bargaining in bad faith. Their motion for reconsideration was
subsequently denied by the Court of Industrial Relations for being filed two days
late.
Issue: Whether or not the workers who joined the strike violated the CBA.
Held: No. While the Bill of Rights also protects property rights, the primacy of
human rights over property rights is recognized. Because these freedoms are
"delicate and vulnerable, as well as supremely precious in our society" and the
"threat of sanctions may deter their exercise almost as potently as the actual
application of sanctions," they "need breathing space to survive," permitting
government regulation only "with narrow specificity." Property and property rights
can be lost thru prescription; but human rights are imprescriptible. In the hierarchy
of civil liberties, the rights of free expression and of assembly occupy a preferred
position as they are essential to the preservation and vitality of our civil and political
institutions; and such priority "gives these liberties the sanctity and the sanction not
permitting
dubious
intrusions."
The freedoms of speech and of the press as well as of peaceful assembly and of
petition for redress of grievances are absolute when directed against public officials
or "when exercised in relation to our right to choose the men and women by whom
we shall be governed.