Showing posts with label freedom to assembly and petition. Show all posts
Showing posts with label freedom to assembly and petition. Show all posts

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.

Luzviminda dela Cruz v CA, et. al. 305 SCRA 303 (March 25, 1999)

Facts: Petitioners are public school teachers from various schools in Metro Manila who were simultaneously charged, preventively suspended, and eventually dismissed in October 1990 by the Secretary of the Department of Education, Culture and Sports (DECS) in connection with the administrative complaints filed before its office by their respective principals for participating in a mass action/strike and subsequently defying the return-to-work order by DECS constituting grave misconduct., gross neglect of duty, gross violation of Civil Service Law, Rules and Regulations and reasonable office regulations, refusal to perform official duty, gross insubordination conduct prejudicial to the best interest of the service and absence without official leave (AWOL), in violation of Presidential Decree 807, otherwise known as the Civil Service Decree of the Philippines. Petitioners contend they are merely participating in a peaceful assembly to petition the government for redress of their grievances in the exercise of their constitutional right and insist their assembly does not constitutes as a strike as there is no actual disruption of classes.

Malaban v Ramento 129 SCRA 359 (1984)

FACTS:         Petitioners were officers of the Supreme Student Council of the Gregorio Araneta University Foundation. They were granted a permit to hold a meeting to protest the merger of two units of the university. On the scheduled date, the students continued their meeting beyond the scheduled time and held it in a different place from that indicated in the permit. They expressed in a vehement language their opposition to the merger and as a result, classes and office work was disturbed. Petitioners were placed under preventive suspension. On appeal, they were found guilt of holding an illegal assembly and oral defamation. They were suspended for one academic year. They filed a petition for certiorari in the SC.

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.

Luzviminda dela Cruz v CA, et. al. 305 SCRA 303

Facts: Petitioners are public school teachers from various schools in Metro Manila who were simultaneously charged, preventively suspended, and eventually dismissed in October 1990 by the Secretary of the Department of Education, Culture and Sports (DECS) in connection with the administrative complaints filed before its office by their respective principals for participating in a mass action/strike and subsequently defying the return-to-work order by DECS constituting grave misconduct., gross neglect of duty, gross violation of Civil Service Law, Rules and Regulations and reasonable office regulations, refusal to perform official duty, gross insubordination conduct prejudicial to the best interest of the service and absence without official leave (AWOL), in violation of Presidential Decree 807, otherwise known as the Civil Service Decree of the Philippines. Petitioners contend they are merely participating in a peaceful assembly to petition the government for redress of their grievances in the exercise of their constitutional right and insist their assembly does not constitutes as a strike as there is no actual disruption of classes.

Popular Posts