PBM Employees Asso. v PBM 51 SCRA 189 (1973)

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.