Victoriano vs. Elizalde, G.R. No.

L-25246 Other Notes:

“Equal Protection: Requisites of Valid Classification” All presumptions are indulged in favor of constitutionality of a
statute or enactment by the Congress.
o Benjamin Victoriano, an Iglesia ni Cristo (INC) member, has
been an employee of the Elizalde Rope Factory (ERF)  One who attacks a statute, alleging unconstitutionality

since 1958. He was also a member of the EPWU (Elizalde must prove its invalidity beyond reasonable doubt

Rope Workers’ Union).
o Under the collective bargaining agreement (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.
o 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.
o 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.
o EPWU and ERF reiterated that he is not exempt from the
close shop agreement because RA 3350, which provides
that close shop agreements shall not cover members of
any religious sects which prohibit affiliation of their
members in any such labor organization,
unconstitutional and that said law violates the EPWU’s
and ERF’s legal/contractual rights.
 If any reasonable basis may be conceived which supports
the statute, it will be upheld, and the challenger must
negate all possible bases
 Courts are not concerned with the wisdom, justice,
policy, or expediency of a statute; and that a liberal
interpretation of the constitution in favor of the
constitutionality of legislation should be adopted.
Other Notes:
Both the Constitution and the Industrial Peace Act recognize the
freedom of association.
 Right to form associations or societies for purposes not
contrary to law shall not be abridged.
 Employees shall have the right to self-organization and to
form, join, or assist labor organizations of their own
choosing for the purpose of collective bargaining and
other mutual aid or protection.
is

Whether or not RA 3350 is unconstitutional?

No. 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.
 RA 3550 recognizes as well the primacy of a constitutional
right over a contractual right.