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ARTICLE III Bill of Rights subject is now being discussed in the Committee on Social Justice
SECTION 8 because we are trying to find a solution to this problem. We know that
RIGHT TO FORM ASSOCIATION this problem exist; that the moment we allow anybody in the
government to strike, then what will happen if the members of the
Armed Forces will go on strike? What will happen to those people
SSS EMPLOYEES ASSOCIATION vs. COURT OF APPEALS
trying to protect us? So that is a matter of discussion in the Committee
Article XIII, Section 31
on Social Justice. But, I repeat, the right to form an organization
The 1987 Constitution, in the Article on Social Justice and Human
does not carry with it the right to strike. [Record of the
Rights, provides that the State "shall guarantee the rights of all workers
Constitutional Commission, vol. 1, p. 569].
to self-organization, collective bargaining and negotiations, and
peaceful concerted activities, including the right to strike in accordance
Labor Code repealing R.A. 875 is also silent
with law" [Art. XIII, Sec. 31]
No similar provision is found in the Labor Code, although at one time
it recognized the right of employees of government corporations
Constitution is silent whether right of government employees to
established under the Corporation Code to organize and bargain
organize includes right to strike
collectively and those in the civil service to "form organizations for
By itself, this provision would seem to recognize the right of all
purposes not contrary to law" [Art. 244, before its amendment by B.P.
workers and employees, including those in the public sector, to strike.
Blg. 70 in 1980], in the same breath it provided that "[t]he terms and
conditions of employment of all government employees, including
But the Constitution itself fails to expressly confirm this impression,
employees of government owned and controlled corporations, shall be
for in the Sub-Article on the Civil Service Commission, it provides,
governed by the Civil Service Law, rules and regulations" [now Art.
after defining the scope of the civil service as "all branches,
276].
subdivisions, instrumentalities, and agencies of the Government,
including government-owned or controlled corporations with original
Understandably, the Labor Code is silent as to whether or not
charters," that "[t]he right to self-organization shall not be denied to
government employees may strike, for such are excluded from its
government employees" [Art. IX(B), Sec. 2(l) and (50)].
coverage [Ibid]. But then the Civil Service Decree [P.D. No. 807], is
equally silent on the matter.
Parenthetically, the Bill of Rights also provides that "[tlhe right of the
people, including those employed in the public and private sectors, to
SSS Employees have no right to strike
form unions, associations, or societies for purposes not contrary to law
SSS is one such government-controlled corporation with an original
shall not abridged" [Art. III, Sec. 8].
charter, having been created under R.A. No. 1161, its employees are
Unions may petition the Congress or negotiate Thus Section 4 (a) (4) of the Industrial Peace Act, before its
Government employees may, therefore, through their unions or amendment by Republic Act No. 3350, provides that although it would
associations, either be an unfair labor practice for an employer "to discriminate in regard
(a) petition the Congress for the betterment of the terms and to hire or tenure of employment or any term or condition of
conditions of employment which are within the ambit of employment to encourage or discourage membership in any labor
legislation or organization" the employer is, however, not precluded "from making
(b) negotiate with the appropriate government agencies for the an agreement with a labor organization to require as a condition of
improvement of those which are not fixed by law. employment membership therein, if such labor organization is the
representative of the employees".
If there be any unresolved grievances, the dispute may be referred to
the Public Sector Labor - Management Council for appropriate Closed Shop Agreement
action. But employees in the civil service may not resort to strikes, By virtue, therefore, of a closed shop agreement, before the
walk-outs and other temporary work stoppages, like workers in the enactment of Republic Act No. 3350, if any person, regardless of his
private sector, to pressure the Government to accede to their demands. religious beliefs, wishes to be employed or to keep his employment, he
must become a member of the collective bargaining union.
As now provided under Sec. 4, Rule III of the Rules and Regulations
to Govern the Exercise of the Right of Government- Employees to Hence, the right of said employee not to join the labor union is curtailed
Self- Organization, which took effect after the instant dispute arose, and withdrawn.
"[t]he terms and conditions of employment in the government,
including any political subdivision or instrumentality thereof and Exception to the Closed Shop Agreement
government- owned and controlled corporations with original charters To that all-embracing coverage of the closed shop arrangement,
are governed by law and employees therein shall not strike for the Republic Act No. 3350 introduced an exception, when it added to
purpose of securing changes thereof.” Section 4 (a) (4) of the Industrial Peace Act the following proviso:
VICTORIANO vs. ELIZALDE ROPE WORKERS’ UNION "but such agreement shall not cover members of any religious sects
What the Constitution and Industrial Peace Act recognize which prohibit affiliation of their members in any such labor
What the Constitution and the Industrial Peace Act recognize and organization".
guarantee is the "right" to form or join associations.
Republic Act No. 3350 merely excludes ipso jure from the application
whatever theory of right one subscribes to, a right comprehends at and coverage of the closed shop agreement the employees belonging
least two broad notions, namely: to any religious sects which prohibit affiliation of their members with
(1) liberty or freedom, i.e., the absence of legal restraint, any labor organization.
whereby an employee may act for himself without being
notwithstanding their failure to join a labor union having a closed shop Power of the Supreme Court
agreement with the employer. Quite apart from the above, let it be stated that even without the
enabling Act (Republic Act No. 6397), and looking solely to the
The Act also advances the proper economic and social equilibrium language of the provision of the Constitution granting the Supreme
between labor unions and employees who cannot join labor unions, for Court the power "to promulgate rules concerning pleading, practice
it exempts the latter from the compelling necessity of joining labor and procedure in all courts, and the admission to the practice of law,"
unions that have closed shop agreements and equalizes, in so far as it at once becomes indubitable that this constitutional declaration vests
opportunity to work is concerned, those whose religion prohibits the Supreme Court with plenary power in all cases regarding the
membership in labor unions with those whose religion does not admission to and supervision of the practice of law.
prohibit said membership.
Integration of a Lawyer
Social justice does not imply social equality, because social inequality Integration does not make a lawyer a member of any group of which
will always exist as long as social relations depend on personal or he is not already a member. He became a member of the Bar when he
subjective proclivities. Social justice does not require legal equality passed the Bar examinations. All that integration actually does is to
because legal equality, being a relative term, is necessarily premised provide an official national organization for the well-defined but
on differentiations based on personal or natural conditions. Social unorganized and incohesive group of which every lawyer is a ready a
justice guarantees equality of opportunity, and this is precisely what member.
Republic Act No. 3350 proposes to accomplish — it gives laborers,
irrespective of their religious scruples, equal opportunity for work. Bar integration does not compel a lawyer to associate
Bar integration does not compel the lawyer to associate with anyone.
IN RE EDILLON He is free to attend or not attend the meetings of his Integrated Bar
Integrated Bar Chapter or vote or refuse to vote in its elections as he chooses. The
An "Integrated Bar" is a State-organized Bar, to which every lawyer only compulsion to which he is subjected is the payment of annual
must belong, as distinguished from bar associations organized by dues. The Supreme Court, in order to further the State's legitimate
individual lawyers themselves, membership in which is voluntary. interest in elevating the quality of professional legal services, may
Integration of the Bar is essentially a process by which every member require that the cost of improving the profession in this fashion be
of the Bar is afforded an opportunity to do his share in carrying out the shared by the subjects and beneficiaries of the regulatory program —
objectives of the Bar as well as obliged to bear his portion of its the lawyers.
responsibilities.