Liwayway Publications v. Permanent Concrete Workers Union

GUEVARRA Thereafter, the Union also stopped and prohibited Liwayway’s general
Picketing – Regulations/Restrictions, Innocent Third Party Rule, Liabilities manager, personnel manager, bodega in-charge and other employees
from getting newsprint in their bodega.
Liwayway Publications v. Permanent Concrete Workers Union
G.R. No. L-25003 | October 23, 1981 | Guerrero Thing to remember: The members of the Union are employees of
Permanent Concrete, not of Liwayway
Doctrine: The right to picket is not absolute. While peaceful picketing
is entitled to protection as an exercise of free speech, courts are have the Liwayway then brought an action before the CFI against the Union. The
power to confine or localize the demonstration to the parties to the CFI issued a writ of preliminary injunction against the Union.
labor dispute, and to insulate establishments or persons with no
industrial connection or having interest totally foreign to the context of Union’s Contentions:
the dispute.  The Union moved to dismiss Liwayway’s action, contending that
this case arose out of a labor dispute involving ULP. Thus, the
Thus, the right may be regulated at the instance of third parties or CFI has no jurisdiction to issue the injunction since this case falls
“innocent bystanders” if it appears that the inevitable result of its within the exclusive jurisdiction of the CIR.
exercise is to create an impression that a labor dispute with which  Nevertheless, there could be a labor dispute regardless of whether
they have no connection or interest exists between them and the or not the disputants stand in proximate relation of employer and
picketing union or constitute an invasion of their rights. employee.
 Peaceful picketing is an extension of the freedom of speech.
FACTS  Liwayway is not the real party in interest. The real party in
interest is Permanent Concrete, against whom the Union’s strike
Liwayway Publications, Inc. (Liwayway) is a second sublessee of a part of and picket activities were directed and confined.
the premises of the Permanent Concrete Products, Inc. (Permanent
Concrete) from Don Ramon Roces, the first lessee. The premises of Liwayway’s Contentions:
Liwayway is separated from the compound of Permanent Concrete by a  There is no employer-employee relationship between Liwayway
concrete and barbed wire fence with its own entrance and road. and the Union. The employer of the Union is Permanent Concrete.
 There is no labor dispute between Liwayway and the Union.
Furthermore, Liwayway has a bodega for its newsprints in the sublet  Liwayway’s compound is separate and distinct from Permanent
property which it uses for its printing and publishing business. The daily Concrete’s compound.
supply of newsprint needed to feed its printing plant is taken from this
bodega. CFI Ruling: Ruled in favor of Liwayway. The Union was declared in
default. The CFI then declared permanent the writ of preliminary injunction
On September 10, 1964, the employees of the Permanent Concrete, who are and ordered the Union to pay Liwayway.
representatives and members of Permanent Concrete Workers Union, et al.
(Union), declared a strike against their company. A month later, the Union ISSUE: W/N Liwayway is an “innocent by-stander” whose right has been
picketed and prohibited Liwayway’s truck from entering the compound invaded by the Union, and thus, it is entitled to protection by the regular
to load newsprint from its bodega. The Union intimidated and threatened courts
with bodily harm Liwayway’s employees who were in the truck.
RULING: Yes, Liwayway is an “innocent by-stander” whose right has In this case, there is no connection between Liwayway and the Union.
been invaded by the Union, and thus, it is entitled to protection by the Liwayway also has no connection with Permanent Concrete against
regular courts. whom the strikers staged the strike.
In this case, the Union picketed the gate leading to Liwayway’s bodega. The acts of Liwayway’s driver, general manager, personnel manager, the
This gate is about 200 meters from the gate leading to the premises of man in-charge of the bodega, and other employees in reaching the bodega to
Permanent Concrete. Liwayway is not in any way related to the Union. obtain newsprint is also not interwoven with the labor dispute between
the Union and the Permanent Concrete.
The business of Liwayway is exclusively the publication of the magazines
Bannawag, Bisaya, Hiligaynon and Liwayway weekly magazines, which If there is a connection between Liwayway and Permanent Concrete, it is
has absolutely no relation or connection whatsoever with the cause of that both are situated in the same premises, which can hardly be considered
the strike of the Union against Permanent Concrete, much less with the as interwoven with the labor dispute pending in the CIR between the Union
terms, conditions or demands of the strikers. and Permanent Concrete.
The right to picket as a means of communicating the facts of a labor dispute OTHER RULING
is a phase of the freedom of speech guaranteed by the Constitution. If
peacefully carried out, it cannot be curtailed even in the absence of The rule that “where the CFI has already acquired jurisdiction over two
employer-employee relationship. ULP cases and much later on as a consequence thereof, the CFI cannot
legally issue a writ of preliminary injunction against the picketers” does not
However, the right is not absolute. While peaceful picketing is entitled to apply in this case. This rule is not controlling, much less applicable to the
protection as an exercise of free speech, courts are have the power to present case where the facts are essentially and materially different.
confine or localize the demonstration to the parties to the labor dispute,
and to insulate establishments or persons with no industrial connection The acts complained of against the Union are properly called mere acts of
or having interest totally foreign to the context of the dispute. trespass (perturbacion de mero hecho). Therefore, pursuant to Article 1664
of the Civil Code, the lessor (Don Ramon Roces) shall not be obliged to
Thus, the right may be regulated at the instance of third parties or answer for the mere fact of a trespass made by a third person in the use of
“innocent bystanders” if it appears that the inevitable result of its exercise the estate leased. The lessee shall have a direct action against the
is to create an impression that a labor dispute with which they have no trespasser.
connection or interest exists between them and the picketing union or
constitute an invasion of their rights.
The picket is merely regulated to protect the rights of third parties. If the
law fails to afford said protection, men will endeavor to safeguard their
rights by their own might, take the law in their own hands, and commit acts
which lead to breaches of the law. This should not be allowed to happen.
With regard to activities that may be enjoined, in order to ascertain what

court has jurisdiction to issue the injunction, it is necessary to determine
the nature of the controversy.

Liwayway Publications v. Permanent Concrete Workers Union

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GUEVARRA Thereafter, the Union also stopped and prohibited Liwayway’s general

With regard to activities that may be enjoined, in order to ascertain what

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