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RIGHT TO FORM Bangalisan v. Court of Appeals, supra.,

the ability to strike is not essential to the
ASSOCIATION right of association.

The right of the sovereign to prohibit

Right to form associations. [Sec. 8. Art. strikes or work stoppages by public
Ill: “The right of the people, including those employees was clearly recognized at
employed in the public and private sectors, common law; thus, it has been frequently
to form unions, associations or societies for declared that modern rules which
purposes not contrary to law shall not be prohibit strikes, either by statute or by
abridged. ”] The right is reinforced by Sec. judicial decision, simply incorporate or
2 (5), Art. IX-B, and Sec. 3, par. 2, Art. XIII. reassert the common law rules. This was
reiterated in Jacinto v. Court of Appeals,
SCOPE. The right to form, or join, unions G.R. No. 124540, November 4, 1997, in
or associations, includes the right not to De la Cruz v. Court of Appeals,
join or, if one is already a member, to supra.,and in Acosta v. Court of Appeals,
disaffiliate from the association. In supra.
Volkschel Labor Union v. Bureau of
Labor Relation, 137 SCRA 42, the right of The claim that the right to strike is part of
a labor union to disaffiliate from a labor the freedom of expression and the right to
federation was held to be part of the right peacefully assemble and petition the
to association. government for redress of grievances, and
should thus, be recognized even in the
In Central Negros Electric Cooperative v. case of government employees, was
Secretary of Labor, 201 SCRA 584, the rejected by the Supreme Court in GSIS v.
Supreme Court upheld the right of Kapisanan ng mga Manggagawa sa
employees of the electric cooperative to GSIS, G.R. No. 170132, December 6 2006.
withdraw their membership from the
cooperative in order to join a labor union. THE RIGHT IS NONT ABSOLUTE. In
People v. Ferrer, 48 SCRA 382, it was
THE RIGHT TO STRIKE. However, even if held that the Anti-Subversion Act does
the provision expressly guarantees the not violate this provision, because the
right to form unions in public and private purpose of the statute was to outlaw only
sectors, members of the civil service may those organizations aimed at the violent
not declare a strike to enforce economic overthrow of the government, and that
demands [Alliance of Government the government has a right to protect
Workers v. Ministry of Labor and itself against subversion is a proposition
Employment, 124 SCRA 1; Social too plain to require elaboration.
Security Employees Association v. Court
of Appeals, 175 SCRA 686]. As held in In Occena v. Comelec, 127 SCRA 404, it

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was held that the right to association was Q: Are workers employed in the in the
not violated when political parties were public sector allowed to associate?
prohibited from participating in the
barangay elections in order to insure the ANS - Yes, the law did not distinguish
non-partisanship of candidates; political between employees of public and private
neutrality is needed to discharge the sector; thus, they can associate. However,
duties of barangay officials. those employed in the public sector is
prohibited from engaging in a strike.
In Victoriano v. Elizalde Rope Workers Public officers are not allowed to strike.
Union, supra.,reiterated in Gonzales v.
Central Azucarera de Tarlac, 139 SCRA
30, the Supreme Court upheld the validity
of RA 3350, allowing workers to DOCTRINE:
dissociate from or not to join a labor
union, despite a closed shop agreement, if SSS Employees Association vs. Court of
they are members of any religious sect Appeals [G.R. No. 85279, July 28, 1989]
which prohibits affiliation of their
members in any such labor organization. THE RIGHT TO STRIKE IS NOT
INCLUDED IN THE GUARANTEE OF
In United Pepsi Cola Supervisory Union ASSOCIATION TO GOVERNMENT
v. Laguesma, G.R. No. 122226, March 25, EMPLOYEES. By itself, this provision
1998, it was held that Art. 245 of the would seem to recognize the right of all
Labor Code which makes managerial workers and employees, including those
employees ineligible to join, assist or form in the public sector, to strike. But the
a labor union, does not violate Sec. 8, Art. Constitution itself fails to expressly
Ill of the Constitution. Those who qualify confirm this impression, for in the Sub-
as top or middle managers are executives Article on the Civil Service Commission, it
who receive from their employers provides, after defining the scope of the
information that is not only confidential civil service as "all branches, subdivisions,
but also not generally available to the instrumentalities, and agencies of the
public, or to their competitors, or to other Government, including government-
employees. And, finally, in In Re: Edition, owned or controlled corporations with
84 SCRA 554, it was held that compulsory original charters," that "[t]he right to self-
membership of a lawyer in the Integrated organization shall not be denied to
Bar of the Philippines does not violate the government employees" [Art. IX(B), Sec.
constitutional guarantee. 2(1) and (50)]. Parenthetically, the Bill of
Rights also provides that "[t]he right of
the people, including those employed in
the public and private sectors, to form
GABBY RECIT unions, associations, or societies for
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purposes not contrary to law shall not right to form associations or societies
abridged" [Art. III, Sec. 8]. whose purpose is not contrary to law
shall not be abridged.
Thus, while there is no question that the
Constitution recognizes the right of Now then, if the purpose of the state is to
government employees to organize, it is prohibit the strikes coming from
silent as to whether such recognition also employees exercising government
includes the right to strike. Resort to the functions, that could be done because the
intent of the framers of the organic law moment that is prohibited, then the union
becomes helpful in understanding the which will go on strike will be an illegal
meaning of these provisions. A reading of union. And that provision is carried in
the proceedings of the Constitutional Republic Act 875. In Republic Act 875,
Commission that drafted the 1987 workers, including those from the
Constitution would show that in government-owned and controlled, are
recognizing the right of government allowed to organize but they are
employees to organize, the prohibited from striking. So, the fear of
commissioners intended to limit the right our honorable Vice- President is
to the formation of unions or associations unfounded. It does not mean that because
only, without including the right to strike. we approve this resolution, it carries with
it the right to strike. That is a different
Thus, Commissioner Eulogio R. Lerum, matter. As a matter of fact, that subject is
one of the sponsors of the provision that now being discussed in the Committee on
"[t]he right to self-organization shall not Social Justice because we are trying to
be denied to government employees" [Art. find a solution to this problem. We know
IX(B), Sec. 2(5)], in answer to the that this problem exists; that the moment
apprehensions expressed by we allow anybody in the government to
Commissioner Ambrosio B. Padilla, Vice- strike, then what will happen if the
President of the Commission, explained: members of the Armed Forces will go on
strike? What will happen to those people
MR. LERUM. I think what I will try to say trying to protect us? So that is a matter of
will not take that long. When we proposed discussion in the Committee on Social
this amendment providing for self- Justice. But, I repeat, the right to form an
organization of government employees, it organization does not carry with it the
does not mean that because they have the right to strike. [Record of the
right to organize, they also have the right Constitutional Commission, vol. I, p. 569].
to strike. That is a different matter. We
are only talking about organizing, uniting It will be recalled that the Industrial
as a union. With regard to the right to Peace Act (C.A. No. 875), which was
strike, everyone will remember that in the repealed by the Labor Code (PD. 442) in
Bill of Rights, there is a provision that the 1974, expressly banned strikes by
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employees in the Government, including enactment by Congress of applicable laws

instrumentalities exercising concerning strike by government
governmental functions, but excluding employees . . . enjoins under pain of
entities entrusted with proprietary administrative sanctions, all government
functions: Sec. 11. Prohibition Against officers and employees from staging
Strikes in the Government. — The terms strikes, demonstrations, mass leaves,
and conditions of employment in the walk-outs and other forms of mass action
Government, including any political which will result in temporary stoppage
subdivision or instrumentality thereof, or disruption of public service." The air
are governed by law and it is declared to was thus cleared of the confusion. At
be the policy of this Act that employees present, in the absence of any legislation
therein shall not strike for the purpose of allowing government employees to strike,
securing changes or modification in their recognizing their right to do so, or
terms and conditions of employment. regulating the exercise of the right, they
Such employees may belong to any labor are prohibited from striking, by express
organization which does not impose the provision of Memorandum Circular No. 6
obligation to strike or to join in strike: and as implied in E.O. No. 180.
Provided, however, That this section shall
apply only to employees employed in [At this juncture, it must be stated that the
governmental functions and not those validity of Memorandum Circular No. 6 is
employed in proprietary functions of the not at issue].
Government including but not limited to
governmental corporations. The statement of the Court in Alliance of
Government Workers v. Minister of Labor
On June 1, 1987, to implement the and Employment [G.R. No. 60403, August
constitutional guarantee of the right of 3, 1983, 124 SCRA 1] is relevant as it
government employees to organize, the furnishes the rationale for distinguishing
President issued E.O. No. 180 which between workers in the private sector
provides guidelines for the exercise of the and government employees with regard
right to organize of government to the right to strike: The general rule in
employees. In Section 14 thereof, it is the past and up to the present is that "the
provided that "[t]he Civil Service law and terms and conditions of employment in
rules governing concerted activities and the Government, including any political
strikes in the government service shall be subdivision or instrumentality thereof are
observed, subject to any legislation that governed by law" (Section 11, the
may be enacted by Congress." The Industrial Peace Act, R.A. No. 875, as
President was apparently referring to amended and Article 277, the Labor Code,
Memorandum Circular No. 6, s. 1987 of P.D. No. 442, as amended).
the Civil Service Commission under date
April 21, 1987 which, "prior to the
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Since the terms and conditions of given to unions in private industry as not
government employment are fixed by law, applying to public employees and civil
government workers cannot use the same service employees. It has been stated that
weapons employed by workers in the the Government, in contrast to the private
private sector to secure concessions from employer, protects the interest of all
their employers. The principle behind people in the public service, and that
labor unionism in private industry is that accordingly, such conflicting interests as
industrial peace cannot be secured are present in private labor relations
through compulsion by law. Relations could not exist in the relations between
between private employers and their government and those whom they employ.
employees rest on an essentially [At pp. 16-17; also quoted in National
voluntary basis. Subject to the minimum Housing Corporation v. Juco, G.R. No.
requirements of wage laws and other 64313 January 17, 1985, 134 SCRA 172,
labor and welfare legislation, the terms 178-179].
and conditions of employment in the
unionized private sector are settled E.O. No. 180, which provides guidelines
through the process of collective for the exercise of the right to organize of
bargaining. In government employment, government employees, while clinging to
however, it is the legislature and, where the same philosophy, has, however,
properly given delegated power, the relaxed the rule to allow negotiation
administrative heads of government where the terms and conditions of
which fix the terms and conditions of employment involved are not among
employment. And this is effected through those fixed by law.
statutes or administrative circulars, rules,
and regulations, not through collective Thus:
bargaining agreements. [At p. 13;
Emphasis supplied]. SECTION 13. Terms and conditions of
employment or improvements thereof,
Apropos is the observation of the Acting except those that are fixed by law, may be
Commissioner of Civil Service, in his the subject of negotiations between duly
position paper submitted to the 1971 recognized employees' organizations and
Constitutional Convention, and quoted appropriate government authorities. The
with approval by the Court in Alliance, to same executive order has also provided
wit: for the general mechanism for the
settlement of labor disputes in the public
It is the stand, therefore, of this sector, to wit:
Commission that by reason of the nature
of the public employer and the peculiar SECTION 16. The Civil Service and labor
character of the public service, it must laws and procedures, whenever
necessarily regard the right to strike applicable, shall be followed in the
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resolution of complaints, grievances and SSS Employees Association vs. COURT

cases involving government employees. In OF APPEALS
case any dispute remains unresolved after GR 85279, July 28,1989
exhausting all the available remedies
under existing laws and procedures, the FACTS: A complaint for damages was
parties may jointly refer the dispute to filed by the SSS against the officers and
the [Public Sector Labor-Management] members of the SSS Employees
Council for appropriate action. Association alleging that on June 9, 1987,
Government employees may, therefore, said officers and members staged an
through their unions or associations, illegal strike and barricaded the entrances
either petition the Congress for the to the SSS building. Said action prevented
betterment of the terms and conditions of non-striking employees from reporting
employment which are within the ambit for work and clients from transacting
of legislation or negotiate with the with the SSS. Said strike was reported to
appropriate government agencies for the the Public Sector Labor Management
improvement of those which are not fixed Council that ordered the strikers to return
by law. If there be any unresolved to work. Strikers refused consequently
grievances, the dispute may be referred to incurring damages for the SSS.
the Public Sector Labor-Management
Council for appropriate action. But ISSUE: Whether or not SSS employees
employees in the civil service may not have the right to strike.
resort to strikes, walkouts and other
temporary work stoppages, like workers HELD: NO. The 1987 Constitution, in the
in the private sector, to pressure the Article on Social Justice and Human
Government to accede to their demands. Rights, provides that the State "shall
As now provided under Sec. 4, Rule III of guarantee the rights of all workers to self-
the Rules and Regulations to Govern the organization, collective bargaining and
Exercise of the Right of Government negotiations, and peaceful concerted
Employees to Self- Organization, which activities, including the right to strike in
took effect after the instant dispute arose, accordance with law" [Art. XIII, Sec. 3].
"[t]he terms and conditions of
employment in the government, including By itself, this provision would seem to
any political subdivision or recognize the right of all workers and
instrumentality thereof and government- employees, including those in the public
owned and controlled corporations with sector, to strike. But the Constitution
original charters are governed by law and itself fails to expressly confirm this
employees therein shall not strike for the impression, for in the Sub-Article on the
purpose of securing changes thereof." Civil Service Commission, it provides,
after defining the scope of the civil
service as "all branches, subdivisions,
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instrumentalities, and agencies of the Commissioner Ambrosio B. Padilla, Vice-

Government, including government- President of the Commission, explained:
owned or controlled corporations with
original charters," that "[t]he right to MR. LERUM. I think what I will try to say
self-organization shall not be denied to will not take that long. When we
government employees" [Art. IX(B), Sec. proposed this amendment providing for
2(1) and (50)]. selforganization of government
employees, it does not mean that
Parenthetically, the Bill of Rights also because they have the right to organize,
provides that "[t]he right of the people, they also have the right to strike. That is
including those employed in the public a different matter. We are only talking
and private sectors, to form unions, about organizing, uniting as a union. With
associations, or societies for purposes regard to the right to strike, everyone will
not contrary to law shall not abridged" remember that in the Bill of Rights, there
[Art. III, Sec. 8]. Thus , while there is no is a provision that the right to form
question that the Constitution associations or societies whose purpose is
recognizes the right of government not contrary to law shall not be abridged.
employees to organize , it is silent as to Now then, if the purpose of the state is to
whether such recognition also includes prohibit the strikes coming from
the right to strike. employees exercising government
functions, that could be done because the
Resort to the intent of the framers of the moment that is prohibited, then the union
organic law becomes helpful in which will go on strike will be an illegal
understanding the meaning of these union. And that provision is carried in
provisions. A reading of the proceedings Republic Act 875.
of the Constitutional Commission that
drafted the 1987 Constitution would In Republic Act 875, workers, including
show that in recognizing the right of those from the government-owned and
government employees to organize , the controlled, are allowed to organize but
commissioners intended to limit the they are prohibited from striking. So, the
right to the formation of unions or fear of our honorable Vice-President is
associations only, without including the unfounded. It does not mean that because
right to strike. we approve this resolution, it carries with
it the right to strike. That is a different
Thus, Commissioner Eulogio R. Lerum, matter. As a matter of fact, that subject is
one of the sponsors of the provision that now being discussed in the Committee on
"[t]he right to self-organization shall not Social Justice because we are trying to
be denied to government employees" [Art. find a solution to this problem. We know
IX(B), Sec. 2(5)], in answer to the that this problem exists; that the moment
apprehensions expressed by we allow anybody in the government to
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strike, then what will happen if the Government, including any political
members of the Armed Forces will go on subdivision or instrumentality thereof
strike? What will happen to those people are governed by LAW" (Section 11, the
trying to protect us? So that is a matter of Industrial Peace Act, R.A. No. 875, as
discussion in the Committee on Social amended and Article 277, the Labor Code,
Justice. But, I repeat, the right to form P.D. No. 442, as amended). Since the terms
an organization DOES NOT CARRY with and conditions of government
it the right to strike. [Record of the employment are fixed by law,
Constitutional Commission, vol. I, p. 569]. government workers cannot use the
same weapons employed by workers in
the private sector to secure concessions
But are employees of the SSS covered by from their employers.
the prohibition against strikes?
The principle behind labor unionism in
The Court is of the considered view that
PRIVATE INDUSTRY is that industrial
they are. Considering that under the 1987
Constitution "[t]he civil service peace cannot be secured through
compulsion by law. Relations between
embraces all branches, subdivisions,
private employers and their employees
instrumentalities, and agencies of the
Government, including government- rest on an essentially voluntary basis.
Subject to the minimum requirements
owned or controlled corporations with
of wage laws and other labor and
original charters" [Art. IX(B), Sec. 2(1);
welfare legislation, the terms and
see also Sec. 1 of E.O. No. 180 where the
conditions of employment in the
employees in the civil service are
denominated as "government unionized private sector are settled
through the process of collective
employees"] and that the SSS is one such
bargaining .
government-controlled corporation
with an original charter, having been
In GOVERNMENT EMPLOYMENT,
created under R.A. No. 1161, its
employees are part of the civil service however, it is the legislature and, where
properly given delegated power, the
[NASECO v. NLRC, G.R. Nos. 69870 &
administrative heads of government
70295, November 24, 1988] and are
covered by the Civil Service Commission's which fix the terms and conditions of
employment. And this is effected
memorandum prohibiting strikes. This
through statutes or administrative
being the case, the strike staged by the
circulars, rules, and regulations, not
employees of the SSS was illegal.
through collective bargaining
The general rule in the past and up to agreements .
the present is that "the terms and
It is the stand, therefore, of this
conditions of employment in the
Commission that BY REASON OF THE
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NATURE OF THE PUBLIC EMPLOYER and applicable, shall be followed in the

THE PECULIAR CHARACTER OF THE resolution of complaints, grievances and
PUBLIC SERVICE, it must necessarily cases involving government employees. In
regard the right to strike given to case any dispute remains unresolved after
unions in private industry as not exhausting all the available remedies
applying to public employees and civil under existing laws and procedures, the
service employees. It has been stated parties may jointly refer the dispute to
that the Government, in contrast to the the [Public Sector Labor-Management]
private employer, protects the interest Council for appropriate action.
of all people in the public service , and
that accordingly , such conflicting Government employees may, therefore,
interests as are present in private labor through their unions or associations,
relations could not exist in the relations either petition the Congress for the
between government and those whom betterment of the terms and conditions
they employ. of employment which are within the
ambit of legislation or negotiate with
E.O. No. 180, which provides guidelines the appropriate government agencies
for the exercise of the right to organize of for the improvement of those which are
government employees, while clinging to not fixed by law . If there be any
the same philosophy, has, however, unresolved grievances, the dispute may
relaxed the rule to allow negotiation be referred to the Public Sector Labor-
where the terms and conditions of Management Council for appropriate
employment involved are not among action . But employees in the civil
those fixed by law. service may not resort to strikes,
walkouts and other temporary work
Thus: stoppages, like workers in the private
sector, to pressure the Government to
SECTION 13. Terms and conditions of accede to their demands.
employment or improvements thereof,
except those that are fixed by law, may be
the subject of negotiations between duly GABBY RECIT
recognized employees' organizations and
appropriate government authorities. The Atty G. Question: Is a closed-shop
same executive order has also provided agreement a violation of the right to
for the general mechanism for the associate?
settlement of labor disputes in the public
sector, to wit: Answer: No. He is free to accept or not the
employment contract containing the
SECTION 16. The Civil Service and labor agreement.
laws and procedures, whenever
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right comprehends at least two broad

notions, namely: first, liberty or freedom, i
Q: Is Closed shop agreement a violation e., the absence of legal restraint, whereby
of the right to associate? an employee may act for himself without
being prevented by law; and second,
ANS – No. One is free to accept the
employment or not contract containing power, whereby an employee may, as he
pleases, join or refrain from joining an
the agreement.
association. It is, therefore, the employee
DOCTRINE: who should decide for himself whether he
should join or not an association; and
Victoriano vs. Elizalde Rope Workers’ should he choose to join, he himself
Union [G.R. No. L-25246, September 12, makes up his mind as to which
1974] association he would join; and even after
he has joined, he still retains the liberty
THE RIGHT TO JOIN ASSOCIATIONS and the power to leave and cancel his
INCLUDES THE RIGHT NOT TO JOIN. membership with said organization at any
Both the Constitution and Republic Act No. time. It is clear, therefore, that the right to
875 recognize freedom of association. join a union includes the right to abstain
Section 1 (6) of Article III of the from joining any union.
Constitution of 1935, as well as Section 7
of Article III of the Constitution of 1973, Inasmuch as what both the Constitution
provide that the right to form associations and the Industrial Peace Act have
or societies for purposes not contrary to recognized, and guaranteed to the
law shall not be abridged. Section 3 of employee, is the "right" to join
Republic Act No. 875 provides that associations of his choice, it would be
employees shall have the right to self- absurd to say that the law also imposes, in
organization and to form, join or assist the same breath, upon the employee the
labor organizations of their own choosing duty to join associations. The law does not
for the purpose of collective bargaining enjoin an employee to sign up with any
and to engage in concerted activities for association. The right to refrain from
the purpose of collective bargaining and joining labor organizations recognized by
other mutual aid or protection. What the Section 3 of the Industrial Peace Act is,
Constitution and the Industrial Peace Act however, limited. The legal protection
recognize and guarantee is the "right" to granted to such right to refrain from
form or join associations. joining is withdrawn by operation of law,
Notwithstanding the different theories where a labor union and an employer
propounded by the different schools of have agreed on a closed shop, by virtue of
jurisprudence regarding the nature and which the employer may employ only
contents of a "right", it can be safely said members of the collective bargaining
that whatever theory one subscribes to, a union, and the employees must continue
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to be members of the union for the affiliation of their members with any
duration of the contract in order to keep labor organization. What the exception
their jobs. Thus Section 4 (a) (4) of the provides, therefore, is that members of
Industrial Peace Act, before its said religious sects cannot be compelled
amendment by Republic Act No. 3350, or coerced to join labor unions even when
provides that although it would be an said unions have closed shop agreements
unfair labor practice for an employer "to with the employers; that in spite of any
discriminate in regard to hire or tenure of closed shop agreement, members of said
employment or any term or condition of religious sects cannot be refused
employment to encourage or discourage employment or dismissed from their jobs
membership in any labor organization" on the sole ground that they are not
the employer is, however, not precluded members of the collective bargaining
"from making an agreement with a labor union. It is clear, therefore, that the
organization to require as a condition of assailed Act, far from infringing the
employment membership therein, if such constitutional provision on freedom of
labor organization is the representative of association, upholds and reinforces it. It
the employees". By virtue, therefore, of a does not prohibit the members of said
closed shop agreement, before the religious sects from affiliating with labor
enactment of Republic Act No. 3350, if unions. It still leaves to said members the
any person, regardless of his religious liberty and the power to affiliate, or not to
beliefs, wishes to be employed or to keep affiliate, with labor unions. If,
his employment, he must become a notwithstanding their religious beliefs,
member of the collective bargaining the members of said religious sects prefer
union. Hence, the right of said employee to sign up with the labor union, they can
not to join the labor union is curtailed and do so. If in deference and fealty to their
withdrawn. religious faith, they refuse to sign up, they
can do so; the law does not coerce them to
To that all embracing coverage of the join; neither does the law prohibit them
closed shop arrangement, Republic Act No. from joining; and neither may the
3350 introduced an exception, when it employer or labor union compel them to
added to Section 4 (a) (4) of the Industrial join. Republic Act No. 3350, therefore,
Peace Act the following proviso: "but such does not violate the constitutional
agreement shall not cover members of provision on freedom of association.
any religious sects which prohibit
affiliation of their members in any such NON-IMPAIRMENT CLAUSE. According
labor organization". Republic Act No. to Black, any statute which introduces a
3350 merely excludes ipso jure from the change into the express terms of the
application and coverage of the closed contract, or its legal construction, or its
shop agreement the employees belonging validity, or its discharge, or the remedy
to any religious sects which prohibit for its enforcement, impairs the contract.
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The extent of the change is not material. It may be prohibited. The policy of
is not a question of degree or manner or protecting contracts against impairment
cause, but of encroaching in any respect presupposes the maintenance of a
on its obligation or dispensing with any government by virtue of which
part of its force. There is an impairment of contractual relations are worthwhile — a
the contract if either party is absolved by government which retains adequate
law from its performance. Impairment authority to secure the peace and good
has also been predicated on laws which, order of society. The contract clause of
without destroying contracts, derogate the Constitution must, therefore, be not
from substantial contractual rights. It only in harmony with, but also in
should not be overlooked, however, that subordination to, in appropriate instances,
the prohibition to impair the obligation of the reserved power of the state to
contracts is not absolute and unqualified. safeguard the vital interests of the people.
The prohibition is general, affording a It follows that not all legislations, which
broad outline and requiring construction have the effect of impairing a contract, are
to fill in the details. The prohibition is not obnoxious to the constitutional
to be read with literal exactness like a prohibition as to impairment, and a
mathematical formula, for it prohibits statute passed in the legitimate exercise
unreasonable impairment only. In spite of of police power, although it incidentally
the constitutional prohibition, the State destroys existing contract rights, must be
continues to possess authority to upheld by the courts. This has special
safeguard the vital interests of its people. application to contracts regulating
relations between capital and labor which
Legislation appropriate to safeguarding are not merely contractual, and said labor
said interests may modify or abrogate contracts, for being impressed with public
contracts already in effect. For not only interest, must yield to the common good.
are existing laws read into contracts in
order to fix the obligations as between the
parties, but the reservation of essential Q: May the right to Association be
attributes of sovereign power is also read bargained through a medium of
into contracts as a postulate of the legal contract?
order. All contracts made with reference ANS – No, because it is a fundamental
to any matter that is subject to regulation
right.
under the police power must be
understood as made in reference to the
possible exercise of that power.
Otherwise, important and valuable VICTORIANO vs. Elizalde Rope
reforms may be precluded by the simple Workers' Union
device of entering into contracts for the GR 25246, Sept. 12,1974
purpose of doing that which otherwise
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FACTS: Appellee Benjamin Victoriano is a and RA 875 recognize freedom of

member of "Iglesia ni Cristo", an association. What the Constitution and
employee of the Elizalde Rope Factory, the Industrial Peace Act recognize and
Inc, and a member of the Elizalde Rope guarantee is the "right" to form or join
Workers' Union which had with the associations. a right comprehends at
Company a CBA containing a closed shop least two broad notions, namely: first ,
provision which states that Membership liberty or freedom, i.e., the absence of
in the Union shall be required as a legal restraint, whereby an employee
condition of employment for all may act for himself without being
permanent employees workers covered prevented by law; and second , power,
by this Agreement. whereby an employee may, as he
pleases, join or refrain from Joining an
Under Section 4(a), paragraph 4, of RA 875, association. It is, therefore, the
the employer was not precluded "from employee who should decide for himself
making an agreement with a labor whether he should join or not an
organization to require as a condition of association; and should he choose to
employment membership therein, if such join, he himself makes up his mind as to
labor organization is the representative of which association he would join; and
the employees." When RA 3350 was even after he has joined, he still retains
enacted, it introduced an amendment: ... the liberty and the power to leave and
"but such agreement shall not cover cancel his membership with said
members of any religious sects which organization at any time. It is clear,
prohibit affiliation of their members in therefore, that the right to join a union
any such labor organization". includes the right to abstain from
joining any union.
As a member of a sect that prohibits the
affiliation of its members with any labor Inasmuch as what both the Constitution
organization, appellee resigned from the and the Industrial Peace Act have
Union. Thereafter, the Union asked the recognized, and
Company to separate Appellee from service guaranteed to the employee, is the
in view of the fact that he was resigning "right" to join associations of his choice,
from the Union as a member. Appellee it would be absurd to say that the law also
filed an action for injunction. imposes, in the same breath, upon the
employee the duty to join associations.
ISSUE: WON RA 3350 is unconstitutional The right to refrain from joining labor
since it infringes on the right to form orgs recognized by of the Industrial Peace
lawful associations? Act is limited. The legal protection
granted to such right to refrain from
HELD: No. RA 3350 does not infringe joining is withdrawn by operation of
right to association. Both the Constitution law, where a union and an employer
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SUBIJANO, CHRISTOPHER

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 SAN BEDA COLLEGE OF LAW 2017
MENDIOLA, MANILA

have agreed on a closed shop. By virtue, RELIGIOUS SECTS from affiliating with
of a closed shop agreement, before RA labor unions. It still leaves to said
3350, if any person, regardless of his members the liberty and the power to
religious beliefs, wishes to be employed affiliate, or not to affiliate, with labor
or to keep his employment, he must unions. If, notwithstanding their religious
become a member of the collective beliefs, the members of said religious
bargaining union. Hence, the right of sects prefer to sign up with the labor
said employee not to join the labor union, they can do so. If in deference and
union is curtailed and withdrawn. To fealty to their religious faith, they refuse
that all-embracing coverage of the closed to sign up, they can do so; the law does
shop arrangement, RA 3350 introduced an not coerce them to join ; neither does
exception : "but such agreement shall the law prohibit them from joining ; and
not cover members of any religious neither may the employer or labor
sects which prohibit affiliation of their union compe l them to join . RA 3350,
members in any such labor therefore, does not violate the
organization". constitutional provision on freedom of
association.
It merely excludes ipso jure from the
application and coverage of the closed
shop agreement the employees belonging DOCTRINE:
to any religious sects which prohibit
affiliation of their members with any In re: IBP membership Dues
labor organization. What the exception Delinquency of Atty. Marcial Edillon
provides, therefore, is that members of [A.C. No. 1928, August 3, 1978]
said religious sects cannot be compelled
or coerced to join labor unions even when THE RIGHT TO ASSOCIATION IS NOT
said unions have closed shop agreements VIOLATED BY INTEGRATING THE BAR.
with the employers; that in spite of any To compel a lawyer to be a member of the
closed shop agreement, members of said Integrated Bar is not violative of his
religious sects cannot be refused constitutional freedom to associate.
employment or dismissed from their jobs Integration does not make a lawyer a
on the sole ground that they are not member of any group of which he is not
members of the collective bargaining already a member. He becomes a member
union. of the Bar when he passed the Bar
examinations. All that integration actually
It is clear, therefore, that the assailed does is to provide an official national
Act, far from infringing the organization for the well-defined but
constitutional provision on freedom of unorganized and incohesive group of
association, upholds and reinforces it. It which every lawyer is already a member.
does not prohibit the members of said Bar integration does not compel the

MHOMSIE NOTES 2017 | POLITICAL LAW COMPENDIUM

"You never know how strong you are, until being STRONG is the only choice you have."

SUBIJANO, CHRISTOPHER

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 SAN BEDA COLLEGE OF LAW 2017
MENDIOLA, MANILA

lawyer to associate with anyone. He is law. To this fundamental principle of

free to attend or not attend the meetings government the rights of individuals are
of his Integrated Bar Chapter or vote or subordinated.
refuse to vote in its elections as he
chooses. The only compulsion to which he Liberty is a blessing without which life is
is subjected is the payment of annual dues. a misery, but liberty should not be made
The Supreme Court, in order to further to prevail over authority because then
the State's legitimate interest in elevating society will fall into anarchy (Calalang vs.
the quality of professional legal services, Williams, 70 Phil. 726). It is an undoubted
may require that the cost of improving power of the State to restrain some
the profession in this fashion be shared by individuals from all freedom, and all
the subjects and beneficiaries of the individuals from some freedom.
regulatory program — the lawyers.

There is nothing in the Constitution that

prohibits the Supreme Court, under its In re: IBP MEMBERSHIP DUES
constitutional power and duty to DELIQUENCY of Atty Marcial EDILLION
promulgate rules concerning the A.C 1928, August 3 1978
admission to the practice of law and the
integration of the Philippine Bar (Article X, FACTS: The IBP unanimously adopted a
Section 5 of the 1973 Constitution) from resolution commending to the SC to
requiring members of a privileged class, remove Marcial Edillion, a duly licensed
such as lawyers are, to pay a reasonable practising lawyer, from the roll of
fee toward defraying the expenses of attorneys because of his stubborn refusal
regulation of the profession to which they to pay his membership dues despite due
belong. It is quite apparent that the fee is notice. Edillon refused to pay believing it
indeed imposed as a regulatory measure, to be an invasion of his constitutional
designed to raise funds for carrying out rights as he was being compelled to be a
the objectives and purposes of integration. member of the IBP and to pay its dues
was a precondition to maintaining his
The State, in order to promote the general status as a lawyer.
welfare, may interfere with and regulate
personal liberty, property and ISSUE: Is compelling a lawyer to be a
occupations. Persons and property may member of the IBP violating one’s
be subjected to restraints and burdens in constitutional freedom to associate?
order to secure the general prosperity HELD: No. The SC maintains that the IBP
and welfare of the State (U.S. vs. Gomez does not make a lawyer a member of
Jesus, 31 Phil. 218), for, as the Latin any group of which he is not already a
maxim goes, "Salus populi est supreme member of. By virtue of his passing the
lex." The public welfare is the supreme
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SUBIJANO, CHRISTOPHER

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 SAN BEDA COLLEGE OF LAW 2017
MENDIOLA, MANILA

Bar exams, Edillon automatically

becomes an IBP member. Assuming that the questioned provision
does in a sense compel a lawyer to be a
The first objection posed by the member of the Integrated Bar, such
respondent is that the Court is without compulsion is justified as an exercise of
power to compel him to become a the police power of the state The Court
member of the Integrated Bar of the further maintains that said IBP fees is a
Philippines, hence, Section 1 of the Court regulatory measure intended to raise
Rule is unconstitutional for it impinges on funds for carrying out its objectives and
his constitutional right of freedom to purposes of the integration. The Court
associate (and not to associate). Our carries the constitutional power and duty
answer is: To compel a lawyer to be a to promulgate rules that concern
member of the Integrated Bar is not admissions and practice of law, including
violative of his constitutional freedom the integration of the Philippine Bar.
to associate. Integration does not make
a lawyer a member of any group of
which he is not already a member. He RIGHT OF EXPROPRIATION
became a member of the Bar when he
passed the Bar examinations. All that Section 9. Private property shall not be
integration actually does is to provide taken for public use without just
an official national organization for the compensation.
well-defined but unorganized and
incohesive group of which every lawyer (See discussion, POWER OF EMINENT
is already a member. DOMAIN - COFFEE NOTES, PP 36-87)
Bar integration does not compel the
lawyer to associate with anyone. He is
free to attend or not attend the
meetings of his Integrated Bar Chapter
or vote or refuse to vote in its elections
as he chooses. The only compulsion to
which he is subjected is the payment of
annual dues. The Supreme Court, in
order to further the State's legitimate
interest in elevating the quality of
professional legal services, may require
that the cost of improving the
profession in this fashion be shared by
the subjects and beneficiaries of the
regulatory program — the lawyers.
MHOMSIE NOTES 2017 | POLITICAL LAW COMPENDIUM
"You never know how strong you are, until being STRONG is the only choice you have."

SUBIJANO, CHRISTOPHER

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