Nestle vs. Sanchez

G.R. No.
75209 September 30, 1987
NESTLE PHILIPPINES, INC., petitioner,

vs.
HON. AUGUSTO S. SANCHEZ, MINISTER OF LABOR AND
EMPLOYMENT and THE UNION OF FILIPRO EMPLOYEES,
respondents.
No. 78791 September 30, 1987
KIMBERLY INDEPENDENT LABOR UNION FOR SOLIDARITY,

ACTIVISM AND NATIONALISM-OLALIA, petitioner,
vs.
NATIONAL LABOR RELATIONS COMMISSION, MANUEL AGUILAR,
MA. ESTRELLA ALDAS, CAPT. REY L. LANADA, COL. VIVENCIO
MANAIG and KIMBERLY-CLARK PHILIPPINES, INC., respondents.
RESOLUTION
PER CURIAM:
During the period July 8-10. 1987, respondent in G.R. No. 75029, Union of
Filipro Employees, and petitioner in G.R. No. 78791, Kimberly Independent
Labor Union for Solidarity, Activism and Nationalism-Olalia intensified the
intermittent pickets they had been conducting since June 17, 1987 in front
of the Padre Faura gate of the Supreme Court building. They set up
pickets' quarters on the pavement in front of the Supreme Court building,
at times obstructing access to and egress from the Court's premises and
offices of justices, officials and employees. They constructed provisional
shelters along the sidewalks, set up a kitchen and littered the place with
food containers and trash in utter disregard of proper hygiene and
sanitation. They waved their red streamers and placards with slogans,
and took turns haranguing the court all day long with the use of loud
speakers.
These acts were done even after their leaders had been received by
Justices Pedro L. Yap and Marcelo B. Fernan as Chairmen of the Divisions
where their cases are pending, and Atty. Jose C. Espinas, counsel of the
Union of Filipro Employees, had been called in order that the pickets
might be informed that the demonstration must cease immediately for
the same constitutes direct contempt of court and that the Court would
not entertain their petitions for as long as the pickets were maintained.
Thus, on July 10, 1987, the Court en banc issued a resolution giving the
said unions the opportunity to withdraw graciously and requiring Messrs.
Tony Avelino. Lito Payabyab, Eugene San Pedro, Dante Escasura, Emil
Sayao and Nelson Centeno, union leaders of respondent Union of Filipro
Employees in the Nestle case and their counsel of record, Atty. Jose C.
Espinas; and Messrs. Ernesto Facundo, Fausto Gapuz, Jr. and Antonio
Gonzales, union leaders of petitioner Kimberly Independent Labor Union
for Solidarity, Activism and Nationalism-Olalia in the Kimberly case to
appear before the Court on July 14, 1987 at 10:30 A.M. and then and
there to SHOW CAUSE why they should not be held in contempt of court.
Atty. Jose C. Espinas was further required to SHOW CAUSE why he should
not be administratively dealt with.
On the appointed date and time, the above-named individuals appeared

before the Court, represented by Atty. Jose C. Espinas, in the absence of
Atty. Potenciano Flores, counsel of record of petitioner in G.R. No. 78791,
who was still recuperating from an operation.
Atty. Espinas, for himself and in behalf of the union leaders concerned,
apologized to the Court for the above-described acts, together with an
assurance that they will not be repeated. He likewise manifested to the
Court that he had experienced to the picketers why their actions were
wrong and that the cited persons were willing to suffer such penalty as
may be warranted under the circumstances. 1 He, however, prayed for
the Court's leniency considering that the picket was actually spearheaded
by the leaders of the "Pagkakaisa ng Mangagawa sa Timog Katagalogan"
(PAMANTIK), an unregistered loose alliance of about seventy-five (75)
unions in the Southern Tagalog area, and not by either the Union of Filipro
Employees or the Kimberly Independent Labor Union. 2
Atty. Espinas further stated that he had explained to the picketers that
any delay in the resolution of their cases is usually for causes beyond the
control of the Court and that the Supreme Court has always remained
steadfast in its role as the guardian of the Constitution.
To confirm for the record that the person cited for contempt fully
understood the reason for the citation and that they wig abide by their
promise that said incident will not be repeated, the Court required the
respondents to submit a written manifestation to this effect, which
respondents complied with on July 17, 1987.
We accept the apologies offered by the respondents and at this time,

forego the imposition of the sanction warranted by the contemptuous acts
described earlier. The liberal stance taken by this Court in these cases as
well as in the earlier case of AHS/PHILIPPINES EMPLOYEES UNION vs.
NATIONAL LABOR RELATIONS COMMISSION, et al., G.R. No. 73721, March
30, 1987, should not, however, be considered in any other light than an
acknowledgment of the euphoria apparently resulting from the
rediscovery of a long-repressed freedom. The Court will not hesitate in
future similar situations to apply the full force of the law and punish for
contempt those who attempt to pressure the Court into acting one way or
the other in any case pending before it. Grievances, if any, must be
ventilated through the proper channels, i.e., through appropriate
petitions, motions or other pleadings in keeping with the respect due to
the Courts as impartial administrators of justice entitled to "proceed to
the disposition of its business in an orderly manner, free from outside
interference obstructive of its functions and tending to embarrass the
administration of justice." 3
The right of petition is conceded to be an inherent right of the citizen

under all free governments. However, such right, natural and inherent
though it may be, has never been invoked to shatter the standards of
propriety entertained for the conduct of courts. For "it is a traditional
conviction of civilized society everywhere that courts and juries, in the
decision of issues of fact and law should be immune from every
extraneous influence; that facts should be decided upon evidence
produced in court; and that the determination of such facts should be
uninfluenced by bias, prejudice or sympathies." 4
Moreover, "parties have a constitutional right to have their causes tried

fairly in court by an impartial tribunal, uninfluenced by publication or
public clamor. Every citizen has a profound personal interest in the
enforcement of the fundamental right to have justice administered by the
courts, under the protection and forms of law free from outside coercion
or interference." 5 The aforecited acts of the respondents are therefore
not only an affront to the dignity of this Court, but equality a violation of
the above-stated right of the adverse parties and the citizenry at large.
We realize that the individuals herein cited who are non-lawyers are not
knowledgeable in her intricacies of substantive and adjective laws. They
are not aware that even as the rights of free speech and of assembly are
protected by the Constitution, any attempt to pressure or influence courts
of justice through the exercise of either right amounts to an abuse
thereof, is no longer within the ambit of constitutional protection, nor did
they realize that any such efforts to influence the course of justice
constitutes contempt of court. 6 The duty and responsibility of advising
them, therefore, rest primarily and heavily upon the shoulders of their
counsel of record. Atty. Jose C. Espinas, when his attention was called by
this Court, did his best to demonstrate to the pickets the untenability of
their acts and posture. Let this incident therefore serve as a reminder to
all members of the legal profession that it is their duty as officers of the
court to properly apprise their clients on matters of decorum and proper
attitude toward courts of justice, and to labor leaders of the importance of
a continuing educational program for their members.
WHEREFORE, the contempt charges against herein respondents are

DISMISSED. Henceforth, no demonstrations or pickets intended to
pressure or influence courts of justice into acting one way or the other on
pending cases shall be allowed in the vicinity and/or within the premises
of any and all courts.
SO ORDERED.

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G.R. No.

75209 September 30, 1987

NESTLE PHILIPPINES, INC., petitioner,

No. 78791 September 30, 1987

KIMBERLY INDEPENDENT LABOR UNION FOR SOLIDARITY,

On the appointed date and time, the above-named individuals appeared

We accept the apologies offered by the respondents and at this time,

The right of petition is conceded to be an inherent right of the citizen

Moreover, "parties have a constitutional right to have their causes tried

WHEREFORE, the contempt charges against herein respondents are

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