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PBM employees org V.

PBM Company Corp


Facts: Philippine Blooming Employees Organization (PBMEO) decided to stage a mass demonstration in
front of Malacaang 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.

The lower court decided in favor of the company and the officers of the PBMEO were found guilty of
bargaining in bad faith. Their motion for reconsideration was subsequently denied by the Court of
Industrial Relations for being filed two days late.
Issue: Whether or not the workers who joined the strike violated the CBA.
Records of the case show that more or less 400 members of the union participated in the demonstration
and yet, the respondent court selected the eight officers to be dismissed from the union thus losing
their status as employees of the respondent company.

Held: 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 thru prescription; but
human rights are imprescriptible. In the hierarchy of civil liberties, the rights of free 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.

Inherent powers of the State
POLICE POWER
It is the sovereign power to promote and protect the general welfare. It is the most pervasive and the
least limitable of the three powers of the state, the most essential, consistent and illimitable which
enables the State to prohibit all hurtful things to the comfort, safety and welfare of the society.

It also refers to the power vested in the legislature by the Constitution to make, ordain, establish all
manner of wholesome and reasonable laws, statutes, or ordinances, either with penalties, or without,
nor repugnant to the constitution, as they shall be judge to be for the good and welfare of the state and
the subjects.

Police power is an inherent attribute of sovereignty. It can exist even without reservation in the
constitution. It is based on necessity as without it, there can be no effective government. It is also
referred to as the law of overwhelming necessity.

What is the basis of the exercise of the police power of the state?
The exercise of police power is founded on the basic principles of salus populi est suprema lex (the
welfare of the people is the supreme law) and sic utere tu et alienum non laedas (so use your property
so as not to impair another)

Who has the ultimate power to determine the necessity and the means of exercising the police power of
the state?
Congress has the ultimate power, because it is the judge of necessity, adequacy, reasonableness
and wisdom of any law. The congress is the constitutional repository of police power and exercise the
prerogative of determining the policy of the state.

Limitations in the exercise of Police power
1. Due process clause
2. Equal protection clause

The basic purposes of Police Power are:

1. To serve the general welfare, comfort and convenience of the people;
2. To promote and preserve public health;
3. To promote and protect public safety;
4. To maintain and safeguard public order;
5. To protect public morals; and
6. To promote the economic security of the people.

POWER OF EMINENT DOMAIN
It is an inherent power of the state that enables it to forcibly acquire private property, which is intended
for public use, upon the payment of just compensation. It is based on political necessity; it is inseparable
from the state unless it is denied to it by its fundamental law.

Condemnation of private property is justified only if it is for the public good character. It is the courts of
law that have the power to determine whether there is necessity therefore. Also called the power of
expropriation, eminent domain is described as the highest and most exact idea of property remaining
in the government that may be acquired for some public purpose through a method in the nature of a
compulsory sale to the state.

Who may exercise the Power of Eminent domain?
1. The Congress
2. The President
3. The local legislative bodies
4. Certain public corporations (e.g. Land Authority and the MWSS)
5. Quasi-public corporations (e.g. PLDT and Meralco)

What are the requisites in exercising the power of eminent domain?
1. The property taken must be private property;
2. The taking must be within constitutional sense;
3. The taking must be for public use
4. Just compensation must be paid;
5. There must be due process of law.

The following essential requisites must concur before an LGU can exercise the power of eminent
domain:
1. An ordinance is enacted by the local legislative council authorizing the local chief executive to
exercise the power of eminent domain;
2. It is exercised for the public use, purpose and welfare;
3. There must be payment of just compensation; and
4. A valid and definite offer has been previously made to the owner of the property south to be
expropriated.

Taking may not only include the import of a physical possession of the owner, as when he is ousted from
his land or relieved of his watch or car but also covers trespass without actual eviction of the owner,
material impairment of the value of the property or prevention of the ordinary uses for which the
property was intended.

The following cases constitute taking:
Where a farmland is inundated because of the construction of a damn nearby, the owner who is
prevented from planting on the land.
Where government planes fly over private property at such a low altitude as to practically touch
the tops of the trees.
A municipal ordinance prohibiting construction of any building that would destroy the view of the
plaza from the highway.

Query: A building which is on the verge of collapse was ordered to be demolished. The owner objected
thereto since the demolition constitutes taking without payment of just compensation. Is the contention
of the owner correct?

Answer: No, the demolition of the building is done in the exercise of police power. It is intended to
further the interest of the public as the structure is susceptible to harm the public, in case it collapses.
Hence, the owner is not entitled to compensation.

Query: An ordinance was passed requiring private cemeteries to reserve 6% of their total areas for the
burial paupers. The owners of the private cemeteries demand payment of just compensation because
the ordinance sought to deprive them of their property. However, the city invoked that such ordinance
was done in the exercise of their police power under the general welfare clause. Is the argument of the
city tenable?

Answer: No, although there was taking of private property for public use, nevertheless, it was done
without payment of just compensation. Hence, it violates the principles governing eminent domain. The
taking of property under the police power is sought to be destroyed.

Just compensation is the full and fair equivalent of the property taken from the private owner by the
expropriator. The measure of this compensation is not the takers gain but the owners loss.

POWER OF TAXATION
It is the inherent power of the state to raise revenues to defray the expenses of the government or
for any public purpose. This can be done through the imposition of burdens or imposition on persons,
properties, services, occupations or transactions.

The importance of taxation derives from the unavoidable obligation of the government to protect
the people and extend them benefits in the form of public projects and services. Taxation is based on
necessity and the reciprocal duties of protection and support between the state and those that are
subject to its authority.

Who may exercise the power of taxation?
It is the Congress who exercises the plenary power to tax. However, it may be delegated by
congress to local government units under such terms and conditions as may prescribed by law.

The following are the requisites or limitations on the power to tax:
1. Public purpose;
2. Territoriality;
3. Uniformity;
4. Due process and equal protection clause;
5. Constitutionally exempt properties cannot be taxed;
6. In the assessment and collection of certain kinds of taxes, notice and opportunity for hearing must
be provided
Constitutional Rights
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon probable cause to be determined personally
by the judge after examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the
right of the people peaceably to assemble and petition the government for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or
preference, shall forever be allowed. No religious test shall be required for the exercise of civil or
political rights.

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be
impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in
the interest of national security, public safety, or public health, as may be provided by law.

Section 7. The right of the people to information on matters of public concern shall be recognized.
Access to official records, and to documents and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.

Section 8. The right of the people, including those employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary to law shall not be abridged.

Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.

Section 12. (1) Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent counsel preferably of
his own choice. If the person cannot afford the services of counsel, he must be provided with one. These
rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall
be used against him. Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to the rehabilitation of victims of torture or similar practices, and their families.

Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege
of the writ of habeas corpus is suspended. Excessive bail shall not be required.

Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face,
and to have compulsory process to secure the attendance of witnesses and the production of evidence
in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the
accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion
or rebellion, when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-
judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party
shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous
crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to
reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be
dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

INDIVIDUALS, SOCIETY AND THE STATE

1. We have the natural right to life and liberty and are equal in dignity. Equal concern and respect for
these basic rights should be guaranteed, protected and upheld by the State.

2. The State has the duty to safeguard and assure the dignity of its peoples as individuals and as
members of communities and ensure their capacity for self-development. The State should formulate
policies, enact laws and provide mechanisms that are in conformity with universal human rights
standards.

3. The State has the obligation to provide the highest standard of living for its citizens by eradicating
social, economic, political, cultural, ethnic and gender inequalities. In the determination and
implementation of laws and policies, the government must always respect and consider the concerns of
women, children and youth, persons with disabilities, the mentally challenged, older persons,
indigenous and Moro peoples, the urban and rural poor, farmers and fisherfolk, workers - local and
overseas, public or private, whether formally employed or not, displaced families and communities and
other vulnerable sectors, with the view to ensuring their empowerment.

4. The diversity and plurality of the Philippines must be safeguarded through respect and tolerance. The
State must respect and promote harmony and understanding between and among individuals,
communities and peoples. It must uphold non-discrimination among peoples regardless of age, race,
ethnicity, religion, gender, physical ability, sexual orientation, social beliefs and political convictions.
Cultural traditions and institutionalized power shall not serve as justification for any form of violence,
abuse, neglect, or deprivation of human and peoples rights.

CIVIL RIGHTS

5. We have the right to life, liberty, security and property. We have the right to a transparent, credible,
competent and impartial justice system, free from influence and corruption, where wrongs are
redressed and justice is dispensed fairly, speedily and equitably. We must have equal access to the
courts and adequate legal assistance. We must be treated equally before the law regardless of our
political, social and economic status.

6. We have a right to the security and privacy of our persons and our homes. The State shall respect and
uphold our right to the privacy of communication, information, private transactions and affairs. The
State shall ensure our freedom of movement and liberty of abode.

7. The requirements of due process of law shall be observed before, during and after trial. The accused
is presumed innocent until proven guilty and shall enjoy the right against self-incrimination, the right to
an independent and competent counsel preferably of his or her own choice, and the right to be
informed of such rights.

8. Detainees and prisoners have the right to humane conditions of detention with adequate food, space
and ventilation, rest and recreation, sanitary and health services, and skills training. They have the right
to communicate with counsel, family and friends and be visited by them. The right to practice their
religious beliefs and to express themselves shall likewise not be denied. The State must provide separate
detention facilities for women and children in conflict with the law. Detainees and prisoners shall be
given the opportunity for correction and rehabilitation towards their reintegration into society.

9. No person shall be subjected to arrests, searches, seizures and detention without due process of law.
No suspect, detainee or prisoner shall be subjected to torture, force, violence, intimidation, harassment
or threats. No accused shall be subjected to trial by publicity. Neither shall cruel, inhuman or degrading
punishment or treatment or incommunicado or solitary confinement be imposed.

10. We have the right against involuntary disappearances. The State shall protect its citizens from all
forms of systematic and massive extrajudicial and summary killings. The State shall take responsibility
for all the acts of its State agents and give information and assistance to the families of the disappeared.

POLITICAL RIGHTS

11. We have the right to live in a democracy and are entitled to enjoy its benefits. The right to
meaningful representation, participation and decision-making about individual and community concerns
shall be recognized and maintained. The protection of life, liberty and property, the upliftment of
economic conditions and the promotion of the general welfare are essential prerequisites of a truly
democratic society.

12. Public office is a public trust. Transparency, accountability, integrity and competence are minimum
standards of good governance. It is the States duty to eliminate graft and corruption at all levels of the
bureaucracy. Towards this end, our right to information on matters involving public interest shall be
safeguarded.

13. We have the right to determine, participate, intervene and take action in all matters that directly
and indirectly affect our welfare. The freedoms of speech, press, association and peaceful assembly shall
at all times be recognized and protected by the State.

14. The State shall provide equal access to opportunities for public service to all competent and qualified
citizens. The State must equitably diffuse political power and prohibit political dynasties in accordance
with democratic principles.

15. Sovereignty resides in the people. We reserve the right to defy a tyrannical, oppressive and corrupt
regime by means consistent with general principles of human rights.

SOCIAL AND CULTURAL RIGHTS

16. We have the right to enjoy the highest standard of health. The State shall ensure that its citizens
shall be adequately nourished and free from hunger. The State has the obligation to establish a
responsive social housing program and protect the people from unjust evictions from their homes.
Protection and assistance shall be accorded marginalized families and vulnerable sectors of society.

17. We have the right to a free, accessible, relevant, nationalistic, quality, gender and culturally sensitive
education, responsive to our needs, which advances the culture of human rights.

18. The State must establish a responsive social welfare system that contributes to the continuous
improvement of its people and their lives. All public utilities should be accessible and affordable to meet
the peoples basic necessities.

19. Children and youth have rights to special care, education, health, and protection against all forms of
abuse, discrimination, exploitation, corruption, and conditions affecting their moral development. The
best interest of the child shall always take precedence in State policies and laws.

20. Women are partners of men in nation building. They have equal rights in civil, political, social, and
cultural aspects of life. The State shall protect and defend them from discrimination, exploitation,
trafficking, assault, battery and other forms of abuse and violence.

21. Men and women have reproductive rights. The State shall recognize the rights of all couples and
individuals to decide freely and responsibly the number, spacing and timing of their children and to have
the information and means to do so, and the right to attain the highest standard of sexual and
reproductive health. The State shall also recognize the rights of couples in making decisions regarding
reproduction free of discrimination, coercion and violence, as expressed in human rights documents.

22. The indigenous and Moro peoples have the right to equality with all other peoples and against all
forms of discrimination. They have the right to existence as distinct peoples free from assimilation as
well as the right to resist development aggression, which threatens their survival as a community. Thus,
the State shall assist and support them in the protection and preservation of their culture, language,
tradition and belief. They have an inherent right to their ancestral domain, which must be given urgent
immediate attention and protection by the State and should be respected and defended by all.

23. The State shall accord special protection to persons with disabilities. They have the right to
enjoyment of equal opportunity as well as appropriate and accessible social services, education,
employment, rehabilitation and social security.

24. Older persons shall be given preferential treatment by the State. They shall be given priority in terms
of accessible social security and health.

ECONOMIC RIGHTS

25. We have the right to a nationalistic and independent economic policy protected from foreign
domination and intrusion. We have the right to a self-reliant economy based on national
industrialization. We have the right to resist all forms of oppressive and unreasonable trade
liberalization, to oppose a subservient debt management strategy, and to repudiate all foreign debts
that do not benefit the people. The State shall develop efficient and effective debt management
strategies that will benefit the people and shall give preferential treatment to local capital.

26. We have the right to equal access to employment opportunities and professional advancement. The
labor force is the lifeblood of the country and all workers have the right to just compensation, dignified
and humane working environment, job security, the right to form and join unions and organizations, to
bargain collectively, to go on strike and to actively participate in political life. Discrimination in the work
place, sexual harassment, slavery, exploitation, and child labor shall not be tolerated. Moreover,
overseas workers have the right to enjoy the basic rights accorded to workers in their respective host
countries, consistent with international labor laws or standards.

27. Land, as a limited resource, bears a social function. The right to own land should be limited to
Filipinos and shall be guided by the principle of stewardship and subject to the demands of the common
good. Peasants shall have the right to own the land they till through a genuine agrarian reform program
including support services. Landowners shall also be protected from land grabbers through effective
legal and administrative measures.

28. Fisherfolk have the right of access to fishing grounds, to protection from foreign incursions and local
large-scale/commercial fishing business, to genuine aquatic reforms and to the preservation and
protection of communal fishing grounds.

29. We have the preferential right to the judicious cultivation, utilization, and preservation of our
natural resources which will ensure an ecological balance that can support and sustain the total physical
and economic well being of every person, family and community.

30. The marginalized and vulnerable sectors shall have preferential access/control to credit and micro-
finance, and the right to skills and livelihood training, which shall contribute to the constant
improvement of their lives.

COLLECTIVE RIGHTS

31. We have the right to self-determination. This right provides us with the freedom to develop
ourselves as peoples, preserve our culture and retain our national identity. Our peoples shall not be
coerced into assimilation, nor shall forced evacuation, dislocation and displacement resulting from
development aggression and other State policies should be allowed. We have the right to resist any
form of political, economic, social or cultural domination by resorting to any legitimate means.

32. We have the right to a clean, safe and sustainable environment that supports an equitable quality of
life. Ecological balance must be preserved in the pursuit of national development because the capacity
of our resources to continue supporting our daily needs is limited. Collectively, we have the
intergenerational responsibility to protect, conserve and develop our natural environment for the
enjoyment of present and future generations of Filipinos.

33. We have the right to a social order, which is conducive to peace and development. It is the duty of
the State to undertake a comprehensive peace process that reflects the sentiments, values and
principles important to all peoples of the Philippines. Therefore, it shall not be defined by the State
alone, nor the different contending groups only, but by all peoples of the Philippines as one community.
The promotion and protection of our rights must be geared towards international understanding,
solidarity among peoples and nations, and friendship among all racial, ethnic or religious groups.


EPILOGUE

Human rights are universal, inalienable and indivisible. They are dynamic and continue to evolve in
response to the growing needs, concerns and aspirations of individuals and communities. These rights
are enriched in the course of the struggle for their full recognition. The human and peoples rights
affirmed in this declaration are wholly consistent with contemporary international standards. Nothing in
this declaration shall be used to negate or deny any other rights whether specified or inferred found in
national or international human rights instruments.

The promotion of human and peoples rights is pursued through individual and collective action. They
are the product or purposive struggle and are linked to the real conditions and concerns of the people.
While much has been achieved, much remains to be done. In this new millennium, there will remain the
need for human rights defenders so long as repressive regimes, systems and structures exist that
threaten to thwart our gains.

In our world today, more and more people have become aware and thus aspire to live in an
environment that protects the universal standards of human rights. Human rights are a source of
strength and power for people they enable us to continue to work for peace, prosperity, progress and
sustainable development. The cause of human rights enlivens our commitment to the realizations of the
fullness of life. This is our collective task as a people in solidarity with all the people of the world.
The Human and Peoples' Rights Declaration of the Philippines