1. Calalang vs.

Williams
Facts:
The National Traffic Commission resolved to recommend to the
Director of the Public Works and to the Secretary of Public Works and
Communications that animal-drawn vehicles be prohibited from
passing along the following for a period of one year from the date of
the opening of the Colgante Bridge to traffic: 1) Rosario Street
extending from Plaza Calderon de la Barca to Dasmarias Street from
7:30Am to 12:30 pm and from 1:30 pm to 530 pm; and 2) along Rizal
Avenue extending from the railroad crossing at Antipolo Street to
Echague Street from 7 am to 11pm.
Later, the Chairman of the National Traffic Commission recommended
to the Director of Public Works with the approval of the Secretary of
Public Works the adoption of the measure proposed in the resolution
aforementioned in pursuance of the provisions of the Commonwealth
Act No. 548 which authorizes said Director with the approval from the
Secretary of the Public Works and Communication to promulgate rules
and regulations to regulate and control the use of and traffic on national
roads.
On August 2, 1940, the Director recommended to the Secretary the
approval of the recommendations made by the Chairman of the
National Traffic Commission with modifications.
The Secretary of Public Works approved the recommendations on
August 10, 1940. The Mayor of Manila and the Acting Chief of Police
of Manila have enforced and caused to be enforced the rules and
regulation. As a consequence, all animal-drawn vehicles are not
allowed to pass and pick up passengers in the places above mentioned
to the detriment not only of their owners but of the riding public as well.
Issue:
Whether or not the rules and regulations in question infringes upon the
constitutional precept regarding the promotion of social justice to insure the
well-being and economic security of all the people?

Held:
No. As defined in the decision, social justice is neither communism, nor
despotism, nor atomism, nor anarchy, but the humanization of laws and the
equalization of social and economic forces by the State so that justice in its
rational and objectively secular conception may at least be approximated.
Social justice means the promotion of the welfare of all the people, the
adoption by the Government of measures calculated to insure economic
stability of all the competent elements of society, through the maintenance
of a proper economic and social equilibrium in the interrelations of the
members of the community, constitutionally, through the adoption of
measures legally justifiable, or extra-constitutionally, through the exercise of
powers underlying the existence of all governments on the time-honored
principles of salus populi est suprema lex.
Social justice must be founded on the recognition of the necessity of
interdependence among divers and diverse units of a society and of the
protection that should be equally and evenly extended to all groups as a
combined force in our social and economic life, consistent with the
fundamental and paramount objective of the state of promoting health,
comfort and quiet of all persons, and of bringing about the greatest good to
the greatest number.

11. SMC Union vs Confesor

2. Victoriano vs. Elizalde Rope Workers Union
Facts:
Benjamin Victoriano, an Iglesia ni Cristo (INC) member, has been an
employee of the Elizalde Rope Factory (ERF) since 1958. He was also
a member of the EPWU (Elizalde Rope Workers Union).
Under the collective bargaining agreement (CBA) between ERF and
EPWU, a close shop agreement is being enforced which means that
employment in the factory relies on the membership in the EPWU; that
in order to retain employment in the said factory one must be a member
of the said Union.
In 1962, Victoriano tendered his resignation from EPWU claiming that
as per RA 3350 he is an exemption to the close shop agreement by

virtue of his being a member of the INC because apparently in the INC,
one is forbidden from being a member of any labor union.
It was only in 1974 that his resignation from the Union was acted upon
by EPWU which notified ERF about it. ERF then moved to terminate
Victoriano due to his non-membership from the EPWU. EPWU and
ERF reiterated that he is not exempt from the close shop agreement
because RA 3350, which provides that close shop agreements shall
not cover members of any religious sects which prohibit affiliation of
their members in any such labor organization, is unconstitutional and
that said law violates the EPWUs and ERFs legal/contractual rights.
Issue:
Whether or not RA 3350 is unconstitutional.
Held:
No. The right to religion prevails over contractual or legal rights, as seen in
the hierarchy of rights. As such, an INC member may refuse to join a labor
union and despite the fact that there is a close shop agreement in the factory
where he was employed, his employment could not be validly terminated for
his non-membership in the majority therein. Further, the right to join a union
includes the right not to join a union. The law is not unconstitutional. It
recognizes both the rights of unions and employers to enforce terms of
contracts and at the same time it recognizes the workers right to join or not
to join union. RA 3550 recognizes as well the primacy of a constitutional right
over a contractual right.

3. Dy Keh Beng vs. Intl Labor and Maritime Union of

the Philippines [On-Going]
Facts:
A charge of unfair labor practice was filed against Dy Keh Beng, a
proprietor of a basket factory, by dismissing Solano and Tudla for their
union activities.
Dy Keh Beng contended that he did not know Tudla and Solano was
not his employee because the lattercame to the establishment only

when there was work which he did on pakiaw basis.Dy Keh Beng
countered with a special defense of simple extortion committed by the
head of the laborunion.
Issue:
Whether or not there existed an employee-employer relation between
petitioner and respondents
Held:
Yes. Evidence showed that the work of Solano and Tudla was continuous
except in the event of illness, although their services were compensated on
piece basis. The control test calls for the existence of the right to control the
manner of doing the work, not the actual exercise of the right considering
that Dy Keh Beng is engaged in the manufacture of baskets known as
kaing, those working under Dy would be subject to Dys specifications such
as the size and quality of the kaing. And since the laborers are done at Dys
establishments, it could be inferred that Dy could easily exercise control upon
them.
As to the contention that Solano was not an employee because he worked
on piece basis, the court ruled that it should be determined that if indeed
payment by piece is just a method of compensation and does not define the
essence of the relation. Payment cannot be construed by piece where work
is done in such establishment so as to put the worker completely at liberty to
turn him out and take it another at pleasure Justice Perfecto also contended
that pakyaw system is a labor contract between employers and employees
between capitalists and laborers.
The award of backwages is modified by the Supreme Court to an award of
backwages for 3 years at the rated of compensation the employees were
receiving at the time of dismissal.