Victoriano v. Elizalde - Done
Victoriano v. Elizalde - Done
Victoriano v. Elizalde - Done
Benjamin Victoriano v. Elizalde Rope Worker’s Union and Elizalde Rope Factory
Facts:
Benjamin Victoriano was an employee in Elizalde Rope Factory and was also a member of the
Elizalde Rope Worker’s Union. In the latter’s collective bargaining agreement (CBA), there
contained a closed shop provision by which the employer may employ only member of the
collective bargaining union and the employees must continue to be members of the union for
the duration of the contract in order to keep their jobs. But Republic Act (RA) 3350 did not
preclude employers from making an agreement with a labor organization to require as a
condition of employment their membership therein. Victoriano, being a member of the Iglesia ni
Cristo which prohibits its members to join unions, resigned as a member of the union. With that,
the Union requested the company to separate him from service and the latter eventually
dismissed him. Victoriano challenged his dismissal in court and it enjoined the company from
dismissing him from employment. The Union and company in return challenged the
constitutionality of Republic Act (RA) 3350 for being a discriminate legislation and violative of
social justice.
Issue:
Whether or not RA 3350 is unconstitutional.
Held:
No, it is not unconstitutional. The purpose of said law was to insure freedom of belief and
religion, and to promote the general welfare by preventing discrimination against those
members of religious sects which prohibit their members from joining labor unions, confirming
thereby their natural, statutory and constitutional right to work, the fruits of which work are
usually the only means whereby they can maintain their own life and the life of their dependents.
Religious freedom, although not unlimited, is a fundamental personal right and liberty, and has a
preferred position. Contractual rights must even yield to freedom of religion. The Constitution
has even mandated the State to afford protection to labor, promote full employment and equality
in employment, ensure equal work opportunities regardless of sex, race or creed and regulate
the relation between workers and employees. The law, as a means to adopt the social justice
principle, gives labourers, irrespective of their religious scruples, equal opportunity for work.