Philippine Association of Free Labor Unions, SSSEA v.

Secretary of
Labor

Facts:

● Petitioners pray for writs of certiorari and prohibition to restrain the

Sec. of Labor from enforcing the order of cancellation of the
registration certificate of the Social Security Employees Association.
● The Registrar of Labor Organizations has issued a notice of hearing
on canceling the registration of SSSEA
○ The SSSEA has failed to furnish copies of the reports of
finances of the union duly verified by affidavits
○ Failure to submit the names, postal addresses, and
non-subversive affidavits of the officers of the union within 60
days of their election, in compliance with their by-laws
● The Counsel for the SSSEA moved to postpone the hearing and
ordered to submit a memorandum, and documents specified in the
notice.
● On October 22, 1963, Manuel Villagarcia, Assistant Sec. of SSSEA
filed a letter stating:
○ Joint non-subversive affidavit of officers of the union
○ List of newly elected officers
○ Copy of the amended constitution and by-laws of the
Association
● The Registrar held that the Assistant Sec. had not sent the
documents required. Hence, they ordered to cancel of the
registration
● The President of SSSEA filed a motion for reconsideration and asked
for some time to submit the proper documents.
● Pending the resolution, PAFLU, SSSEA, Alfredo Fajardo, and all the
officers and members of SSSEA presented an action on the grounds
that:
○ Section 23 of RA No. 875 violates their freedom of assembly
and association
○ The said section is inconsistent with the Universal Declaration
of Human Rights and it duly delegates judicial power to an
administrative agency.
Issue:

● Whether or not Section 23 of RA No. 875 violates their right to

assembly and association

Ruling:

No. It does not violate their right.

The said registration is not a limitation to assembly or association, which

may be exercised with or without registration. The registration is merely an
acquisition of the legal personality of labor organizations, associations, or
unions and the possession of rights and privileges granted by law to
legitimate labor organizations.

The requirement is a valid exercise of police power because the activities

which labor organizations affect the public interest, which should be
protected.

In this case, the said registration does not affect the petitioner’s freedom
of assembly and organization because they can still exercise their union
without registration. The existence of the SSSEA would not be affected by
said cancellation, although its juridical personality and statutory rights and
privileges would be suspended.