Victoriano vs Elizalde Rope Workers Union

Political Law – Primacy of the Constitution over Contractual Rights

Victoriano, an Iglesia ni Cristo member, has been an employee of the Elizalde Rope
Factory since 1958. He was also a member of the EPWU. Under the 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 is unconstitutional and
that said law violates the EPWU’s and ERF’s legal/contractual rights.

ISSUE: Whether or not RA 3350 is unconstitutional.

HELD: The right to religion prevails over contractual or legal 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. But the RA recognizes as well the primacy of a constitutional right
over a contractual right.