Sunday, November 13, 2011

PHILIPPINE BLOOMING MILLS EMPLOYMENT ORGANIZATION (PBMEO) Versus PHILIPPINE BLOOMING MILLS CO.


FACTS: Petitioners herein alleged that they informed the respondent Philippine Blooming Mills of their decision to have a mass demonstration at MalacaƱang, in protest against alleged abuses of the Pasig police. The company respondent pleaded to exclude the employees in the first shift to join the mass demonstration, however the petitioners still included them. As a result, the company respondent filed a case thru the city prosecutor and charged the demonstrating employees of violation of the CBA. Trial court rendered judgment in favor of the respondent company, and the petitioners failed to file a timely motion for reconsideration.

ISSUE: WON the case dismissal as a consequence of a procedural fault violates due process.

HELD: Yes. The decision of the CIR to dismiss the petition based on technicality (being 2 days late) was rendered null and void. (The constitutional rights have dominance over procedural rules.) And, the company was directed to reinstate the eight officers with full backpay from date of separation minus the one day's pay and whatever earnings they might have realized from other sources during their separation from service. (The removal from employment of the officers were deemed too harsh a punishment for their actions)

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