Victoriano v Elizalde Rope Workers Union 59

SCRA 54 (1974)
**This case is in relation to the ff:
Sec 1 Art III. No person shall be deprived of life, liberty, and property
without due process of law. Nor shall any person be denied the equal
protection of the laws;
Sec 5 Art III. 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.
Sec 8 Art III. 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.
FACTS: Victoriano, a member of the religious sect Iglesia ni Cristo, was a
member of the Elizalde Rope Workers Union until the enactment of RA 3350
on June 18, 1961 when it amended Par(4) Subsection(a) of Section(4) of RA
875 which states:
That nothing is this Act or in an Act or statute of the Republic of the
Philippines
shall preclude an employer from making an agreement with labor
organization
to require as a condition of employment membership therein, if such
labor
organization is the representative of the employees as provided in
Sec(12),
but such agreement shall not cover members of any religious
sects which
prohibit affiliation of their members in any such labor
organization
Upon knowing of such amendment, Victoriano filed his resignation from his
affiliation to the said union by reason of the said prohibition. By his
resignation, the union wrote a letter to the company to separate Victoriano
from the service which he was thereafter informed that unless he makes a
satisfactory arrangement with the union, he will be dismissed from the
service.
Court a quo rendered judgment in favor of Victoriano, his resignation from
the union was approved. Upon the appeal of the Union, the latter contended
that such amendment is unconstitutional as it violates Sec 1, 5 & 8 of Art III.

ISSUE:
WON Victoriano has the freedom of choice in joining the union or
not
WON RA 3350 impairs the right to form association.
HELD: The court held that what the Constitution recognizes and guarantees
the right to form or join associations which involves liberty or freedom, and
power, whereby and employee may join or refrain from joining an
association. Thus, the right to join also includes the right to abstain.
Members of religious sects cannot be refused employment or dismissed from
their job on sole ground that they are not members of union. Such
amendment does not infringe upon the constitutional provision on freedom
of association but instead reinforces it.