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    The Philippine Blooming Mills Employees Organization planned a mass demonstration to express grievances against alleged police abuses. The company asked them to cancel it due to concerns about lost revenue and work interruptions. At a second meeting, the company threatened to fire first and regular shift workers if they participated. The demonstration proceeded, and union officers were fired for violating the no strike clause. However, the court ruled no violation occurred, as human rights like freedom of expression and assembly are paramount over property rights. These freedoms require breathing space to survive and occupy a preferred position in preserving political institutions. Speech and assembly rights are absolute when directed at public officials or regarding choosing elected representatives.

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    1 PBM V PBMC

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    The Philippine Blooming Mills Employees Organization planned a mass demonstration to express grievances against alleged police abuses. The company asked them to cancel it due to concerns about lost revenue and work interruptions. At a second meeting, the company threatened to fire first and regular shift workers if they participated. The demonstration proceeded, and union officers were fired for violating the no strike clause. However, the court ruled no violation occurred, as human rights like freedom of expression and assembly are paramount over property rights. These freedoms require breathing space to survive and occupy a preferred position in preserving political institutions. Speech and assembly rights are absolute when directed at public officials or regarding choosing elected representatives.

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    The Philippine Blooming Mills Employees Organization planned a mass demonstration to express grievances against alleged police abuses. The company asked them to cancel it due to concerns about lost revenue and work interruptions. At a second meeting, the company threatened to fire first and regular shift workers if they participated. The demonstration proceeded, and union officers were fired for violating the no strike clause. However, the court ruled no violation occurred, as human rights like freedom of expression and assembly are paramount over property rights. These freedoms require breathing space to survive and occupy a preferred position in preserving political institutions. Speech and assembly rights are absolute when directed at public officials or regarding choosing elected representatives.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    35 views1 page

    1 PBM V PBMC

    Uploaded by

    phgmb
    The Philippine Blooming Mills Employees Organization planned a mass demonstration to express grievances against alleged police abuses. The company asked them to cancel it due to concerns about lost revenue and work interruptions. At a second meeting, the company threatened to fire first and regular shift workers if they participated. The demonstration proceeded, and union officers were fired for violating the no strike clause. However, the court ruled no violation occurred, as human rights like freedom of expression and assembly are paramount over property rights. These freedoms require breathing space to survive and occupy a preferred position in preserving political institutions. Speech and assembly rights are absolute when directed at public officials or regarding choosing elected representatives.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    PHILIPPINE BLOOMING MILLS EMPLOYMENT ORGANIZATION vs. PHILIPPINE BLOOMING MILLS CO., INC.

    Bill of rights and its purpose

    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. 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.

    Issue: Whether or not the workers who joined the strike violated the CBA?

    Ruling: 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 through prescription;
    but human rights are imprescriptible. In the hierarchy of civil liberties, the rights to freedom of
    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.”

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