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HIERARCHY OF RIGHTS PBM Employees Org Vs PBM Co. Inc., 51 SCRA 189, [5 June 1973] GR No.

L-31195, En Banc, J. Makasiar CASE DIGEST BY: ROSANA CUELA SILVA FACTS: Petitioner Philippine Blooming Mills Employees Org. [PBMEO] is a legitimate labor union. Petitioners decided to stage a mass demonstration at Malacanang in protest against alleged abuses of the Pasig police. Respondent company, Philippine Blooming Mills, Co. Inc. warned the petitioners that any demonstration should not unduly prejudice the normal operation of the company and all those employees who belong to the first shift and are required to report for work will be dismissed if they join the demonstration. Petitioners and their members, numbering about 400 proceeded with the demonstration. Respondent firm charged the employees of violating the CBA No Lockout No Strike provision. Petitioners claimed that it was a valid exercise of their constitutional freedom of speech. CIR ruled in favor of the firm, thus this petition. ISSUE: Whether or not the petitioners are guilty of violating the CBA. HELD: While the Bill of Rights also protects property rights, the primacy of human rights over property rights is recognized. In the hierarchy of civil liberties, the rights of free expression and of assembly occupied a preferred position as they are essential to the preservation and vitality of our civil and political institutions and such priority give these liberties the sanctity and the sanction not permitting dubious intrusions. Property and property rights may be lost thru prescription but human rights are imprescriptible. The mass demonstration was not a strike, there being no industrial dispute between the labor union and the respondent firm. It is merely an exercise of their right of free expression, peaceable assembly and redress of grievances. Wherefore, respondent firm is directed to reinstate the eight petitioners.

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