CASE DIGEST : Victoriano Vs

ELIZALDE ROPE WORKERS' UNION

 FACTS
• Benjamin victoriano a member of iglesia ni cristo
had been in the employ of the Elizalde Rope
factory Inc
• He was was a member of elizalde rope workers
union which had with the company a CBA
containing a closed shop provision which reads as
follow “Membership union shall be required as a
condition of employment for all permanent
employees worker covered by this agreement.”
• RA 3350 was enacted introducing an
amendment to paragraph (4) subsection (a) of
section 4 of RA 875 as follows
• This those not cover any religious sectors and
prohibits affiliation of their member in any
such labor organization.
• Discriminate in favor of certain religious sects
and affords no protection to labor unions
• violates the constitutional provision that no
religious test shall be required for the exercise
of a civil right
• violates the equal protection clause
• the act violates the constitutional provision
regarding the promotion of social justice
• As result the petitioner made an appeal about
its constitutionality
 ISSUE
• Whether or not RA 3350 is unconstitutional
 HELD
• It is constitutional,
• The purpose of Republic Act No. 3350 is secular,
worldly, and temporal, not spiritual or religious or holy
and eternal. It was intended to serve the secular
purpose of advancing the constitutional right to the
free exercise of religion, by averting that certain
persons be refused work, or be dismissed from work,
or be dispossessed of their right to work and of being
impeded to pursue a modest means of livelihood, by
reason of union security agreements.
• RA 3350 only exempts member with such religious
affiliation from the required to do a positive act – to
exercise the right to join or to resign from the union.