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    00 Bill of Rights - PBM V PH Blooming Mills

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    Jesha GC
    This case involved employees of the Philippine Blooming Mills Company who participated in a mass demonstration against alleged police abuses during their first work shift. The company dismissed eight employees for participating without approved leave, claiming it violated their collective bargaining agreement and constituted an illegal strike. The court held that the employees' participation was a valid exercise of their constitutional right to freedom of speech and political rights, as the demonstration was not related to company management but addressed grievances with the government. While property rights are also protected, human rights take precedence and cannot be denied. The primacy of human rights such as freedom of expression was upheld over property rights in this case.

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    00 Bill of Rights - PBM V PH Blooming Mills

    Uploaded by

    Jesha GC
    83 views2 pages
    This case involved employees of the Philippine Blooming Mills Company who participated in a mass demonstration against alleged police abuses during their first work shift. The company dismissed eight employees for participating without approved leave, claiming it violated their collective bargaining agreement and constituted an illegal strike. The court held that the employees' participation was a valid exercise of their constitutional right to freedom of speech and political rights, as the demonstration was not related to company management but addressed grievances with the government. While property rights are also protected, human rights take precedence and cannot be denied. The primacy of human rights such as freedom of expression was upheld over property rights in this case.

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    00 Bill of Rights- PBM v Ph Blooming Mills

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    This case involved employees of the Philippine Blooming Mills Company who participated in a mass demonstration against alleged police abuses during their first work shift. The company dismissed eight employees for participating without approved leave, claiming it violated their collective bargaining agreement and constituted an illegal strike. The court held that the employees' participation was a valid exercise of their constitutional right to freedom of speech and political rights, as the demonstration was not related to company management but addressed grievances with the government. While property rights are also protected, human rights take precedence and cannot be denied. The primacy of human rights such as freedom of expression was upheld over property rights in this case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    83 views2 pages

    00 Bill of Rights - PBM V PH Blooming Mills

    Uploaded by

    Jesha GC
    This case involved employees of the Philippine Blooming Mills Company who participated in a mass demonstration against alleged police abuses during their first work shift. The company dismissed eight employees for participating without approved leave, claiming it violated their collective bargaining agreement and constituted an illegal strike. The court held that the employees' participation was a valid exercise of their constitutional right to freedom of speech and political rights, as the demonstration was not related to company management but addressed grievances with the government. While property rights are also protected, human rights take precedence and cannot be denied. The primacy of human rights such as freedom of expression was upheld over property rights in this case.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    TITLE OF THE CASE PBM Employees VS Philippine Blooming Mills

    Bi

    TOPIC Bill of Rights

    Definition:

    The series of prescription setting forth the fundamental civil and political rights of the
    individual, and imposing limitations of the powers of government as a means of securing
    the enjoyment of those rights.

    The Bill of Rights is designed to preserve the ideals of liberty, equality and security. Any
    governmental action in violation of the Bill of Rights is void. These provisions are also
    generally self-executing.

    Civil Rights: Those rights that belong to every citizen of the state and are not
    connected with the organization or administration of government. In its general sense, ti
    rights capable of being enforced or redressed in civil action.

    Includes the rights to property, marriage, equal protection of the laws,


    freedom of contracts, etc.

    Political Rights: Refers to the right to participate, directly or indirectly, in the


    establishment or administration of government.

    Includes the right of suffrage, the right to hold public office, the right to
    petition and, in general the rights appurtenant to citizenship vis-à-vis the management
    of government.

    FACTS
    1. The Philippine Blooming Mills Employee Organization (PBMEO) is a legitimate labor
    union composed of employees of respondent Philippine Blooming Mills Co Inc.
    2. On Mar 1, 1969, petitioner PBMEO decided to stage a mass demonstration in
    Malacanang for alleged abuses of Pasig police, said demonstration is to be
    participated by employees of respondent company (first and regular shift workers).
    3. Though not against the mass demonstration, respondent company through its
    officers pleaded and negotiated with petitioner’s representatives to not let the 1st
    shift employees to join the mass demonstration to not prejudice the company’s daily
    operations.
    4. PBMEO informed respondent that the said mass demonstration cannot be cancelled
    anymore and it being against the Pasig police and have nothing to do with company
    management, is a valid exercise of their Constitutional right of freedom of speech
    5. Respondent company said that those belonging in the morning shift who without an
    approved leave of absence and still participated in the mass demonstration shall be
    dismissed because such failure is a violation of the existing CBA and would amount
    to an illegal strike. PBMEO employees still proceeded with the mass demonstration
    and as a result 8 employees from the 1 st shift was dismissed because of said
    violation.

    ISSUE
    Whether or not the PBMEO employee’s constitutional right to freedom of speech was
    violated

    HELD

    YES.

    Said mass demonstration, it being against the alleged abuses of Pasig police and
    have nothing to do with company’s management, is a valid exercise of their
    constitutional right to freedom of speech, said demonstration was purely and
    completely an exercise of their freedom of expression in general and of their right
    of assembly and of petition for redress of grievances in particular before the
    appropriate government agency.

    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. Thru these
    freedoms, the citizens can participate not merely in the periodic establishment of
    the government thought their suffrage but also in the administration of public
    affairs as well as in the discipline of abusive police officers.

    While the Bill of Rights also protects property rights, the primacy of human rights
    over property rights is recognized. Property and property rights can be thru
    prescription, but human rights are imprescriptible.

    CONCLUSION Primacy of human rights: freedom of expression, of peaceful assembly


    and of petition for redress of grievances over property rights has been
    sustained.

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