Professional Documents
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A.Y. 2019-2020 YOU DO NOTE(s) 2 of 7
Sa Bed Colleg of Law
POLITICAL LAW REVIEWER
It is the stand, therefore, of this not allowed under the right to
Commission that BY REASON OF THE association. As the SC held in the
NATURE OF THE PUBLIC EMPLOYER and case of People v. Ferrer, that the
THE PECULIAR CHARACTER OF THE people may not form associations
PUBLIC SERVICE, it must necessarily for the purpose of subversion,
regard the right to strike given to unions because subversion is an unlawful
in private industry as not applying to activity and it is contrary to law.
public employees and civil service ● Insofar as to the employees in the
employees. It has been stated that the public sector, there is a law that
Government, in contrast to the private prohibits them to engage in a
employer, protects the interest of all strike. At the time the case was
people in the public service , and that filed in SSS Employees
accordingly , such conflicting interests as Association v. CA, the law
are present in private labor relations mentioned was E.O. 180 in relation
could not exist in the relations between to Civil Service Memorandum
government and those whom they Circular No. 6 Series of 1986.
employ.
E.O. No. 180, which provides IS E.O. 180 A LAW? SINCE THIS WAS
guidelines for the exercise of the right to ISSUED BY THE PRESIDENT IN APRIL
organize of government employees, while 1987, IS THAT A LAW?
clinging to the same philosophy, has, ● Yes. At that time, the President
however, relaxed the rule to allow was still exercising legislative
negotiation where the terms and power. The President, under the
conditions of employment involved are transitory provision, shall continue
not among those fixed by law. to exercise legislative power until
Government employees may, the Congress meets in regular
therefore, through their unions or session. The 1st time that the
associations, either petition the Congress Congress, constituted under the
for the betterment of the terms and 1987 Constitution, met in regular
conditions of employment which are session was on the 4th Monday of
within the ambit of legislation or July in 1987. That day was the
negotiate with the appropriate cut-off. Before that the President
government agencies for the can still exercise legislative power.
improvement of those which are not fixed Hence, E.O 180, like the Family
by law. If there be any unresolved Code, is a law executed by the
grievances, the dispute may be referred to President in the exercise of her
the Public Sector Labor-Management legislative power. Thus, there is a
Council for appropriate action . But law that prohibits employees in the
employees in the civil service may not public sector to engage in a strike.
resort to strikes, walkouts and other
temporary work stoppages, like workers WHAT IS THE WISDOM BEHIND THE
in the private sector, to pressure the RESTRICTION ON THE RIGHT OF THE
Government to accede to their demands. PUBLIC EMPLOYEES TO ENGAGE IN A
STRIKE?
IS THERE A CONSTITUTIONAL BASIS ● It will undermine and impede
FOR RESTRICTING THE RIGHT OF THE public service.
EMPLOYEES IN THE PUBLIC SECTOR ● Strikes are held in order to
TO EXERCISE THE RIGHT TO pressure the employer to concede
ASSOCIATION? to the demands to improve
● Yes. In Sec. 8 there is a phrase “for working conditions. Since the
purposes not contrary to law”, terms and conditions of
which means that the law may employment of the employees in
declare a purpose contrary to law. the public sector are already
● The Congress may enact a law provided by law, there is no more
enumerating purposes which are need to strike to insist on their
A.Y. 2019-2020 YOU DO NOTE(s) 3 of 7
Sa Bed Colleg of Law
POLITICAL LAW REVIEWER
demands. The remedy of the
employees in the public sector is WHAT IS THE EXTENT OF THE RIGHT
to lobby or petition the Congress TO ASSOCIATION?
to legislate. ● Includes the right to join and not
to join (In re: IBP membership
CAN WE SAY THAT TERMS AND Dues Delinquency of Atty.
CONDITIONS OF PUBLIC SECTOR Edillion)
EMPLOYMENT WHICH ARE NOT ● A person, in the exercise of his
PROVIDED FOR BY LAW MAY NOT BE right to association, cannot be
THE SUBJECT OF COLLECTIVE compelled to become a member of
BARGAINING NEGOTIATIONS? an organization to which he does
● Yes. not belong. However, under the
Labor Code, there may be a closed
AND AS FOR THE SUBJECT MATTER OF shop agreement in the
THESE NEGOTIATIONS, CAN THE employment contract which
PUBLIC SECTOR EMPLOYEES NOW prohibits the employee to
ENGAGED IN A STRIKE? dissociate from the labor union,
● No. otherwise he/she will be
terminated from work.
WHAT IS THE REMEDY IF THERE IS NO
CONCESSION DURING COLLECTIVE
IN RE: IBP MEMBERSHIP DUES
BARGAINING NEGOTIATIONS
DELINQUENCY OF ATTY. MARCIAL
BETWEEN THE EMPLOYEES AND THE
EDILLION
GOVERNMENT? WHAT IS THE
INTERNAL REMEDY SET IN EO 180? FACTS: The IBP unanimously adopted a
● The Public Labor Management resolution commending to the SC to
Council can be convened in order remove Marcial Edillion, a duly licensed
to break the impasse. practising lawyer, from the roll of
attorneys because of his stubborn refusal
WHAT IS THE DIFFERENCE BETWEEN to pay his membership dues despite due
STRIKE AND ASSEMBLY & PETITION? notice. Edillon refused to pay believing it
● The 1st standard in determining to be an invasion of his constitutional
the nature of the concerted rights as he was being compelled to be a
activity is the relationship between member of the IBP and to pay its dues
the speaker and the one invoking was a precondition to maintaining his
the right. 2nd, what are the status as a lawyer.
grievances raised during the
concerted action. HELD: The SC maintains that the IBP does
● In a strike, the participants and the not make a lawyer a member of any group
recipient of the grievances are of which he is not already a member of.
employers and employees. The one By virtue of his passing the Bar exams,
raising the grievances are Edillon automatically becomes an IBP
employees. The one who is subject member.
of the grievances is the employer. The first objection posed by the
In an assembly and petition, the respondent is that the Court is without
one raising the issue is a citizen power to compel him to become a
and recipient of the grievance is member of the Integrated Bar of the
the government as an institution. Philippines, hence, Section 1 of the Court
● The more determinative factor is Rule is unconstitutional for it impinges on
the grievances raised. In a strike, his constitutional right of freedom to
the grievances are associate (and not to associate). Our
employer-employee related issues. answer is: To compel a lawyer to be a
In an assembly and petition, issues member of the Integrated Bar is not
are not employer-employee violative of his constitutional freedom to
related. associate. Integration does not make a
lawyer a member of any group of which
A.Y. 2019-2020 YOU DO NOTE(s) 4 of 7
Sa Bed Colleg of Law
POLITICAL LAW REVIEWER
he is not already a member. He became a
to be associated with. So if a successful
member of the Bar when he passed the
examinee becomes a member of the bar
Bar examinations. All that integration
but does not want to choose a specific
actually does is to provide an official
chapter, he will not be given a license to
national organization for the well-defined
practice law. To that extent, there is a
but unorganized and incohesive group of
compulsion. While lawyers are not
which every lawyer is already a member.
required to attend meetings, they are
Bar integration does not compel
required to become members of the
the lawyer to associate with anyone. He is
IBP.
free to attend or not attend the meetings
of his Integrated Bar Chapter or vote or
SC should have resolved the
refuse to vote in its elections as he
controversy by saying that the right to
chooses. The only compulsion to which
association, like any other
he is subjected is the payment of annual
constitutional right, can be regulated.
dues. The Supreme Court, in order to
In the exercise of the rule-making
further the State's legitimate interest in
power of the SC, it can regulate the
elevating the quality of professional legal
practice of law and the integration of
services, may require that the cost of
the bar - IBP. in that regard the basis
improving the profession in this fashion
would have been clearer that while a
should be shared by the subjects and
member of the bar is compelled to
beneficiaries of the regulatory program —
become a member of an association
the lawyers.
even if it is against their will, that is a
Assuming that the questioned
valid regulation in the exercise of the
provision does in a sense compels a
rule-making power of the SC.
lawyer to be a member of the Integrated
Bar, such compulsion is justified as an
exercise of the police power of the state THE RIGHT TO ASSOCIATION IS A
The Court further maintains that said IBP CONSTITUTIONAL RIGHT, CAN IT BE A
fees is a regulatory measure intended to VALID SUBJECT OF CONTRACTUAL
raise funds for carrying out its objectives STIPULATION? CAN PARTIES IN A
and purposes of the integration. The CONTRACT AGREE THAT THE RIGHT
Court carries the constitutional power TO ASSOCIATION IS RESTRICTED?
and duty to promulgate rules that ● Yes in Victoriano v. Elizalde Rope
concern admissions and practice of law, Workers’ Union, the SC held that
including the integration of the Philippine in union security clauses the
Bar. management and the union can
agree that employees should
CAN WE SAY THAT THE CREATION OF remain members of the union in
THE IBP VIOLATES THE RIGHTS OF order for their continued
LAWYERS TO BECOME MEMBERS OF employment. In essence, the
AN ASSOCIATION TO WHICH THEY DO parties restrict the right to
NOT WANT TO BE ASSOCIATED WITH? associate
● Lawyers are not being compelled
to become a member of an VICTORIANO v. ELIZALDE ROPE
association of which they are not WORKERS’ UNION
yet members
FACTS: Appellee Benjamin Victoriano is a
member of "Iglesia ni Cristo", an employee
ATTY GAB: That is not accurate. Upon of the Elizalde Rope Factory, Inc, and a
passing the bar, a successful candidate member of the Elizalde Rope Workers'
automatically becomes a member of the Union which had with the Company a
bar but he is not yet a member of the CBA containing a closed shop provision
IBP. Once he becomes a member of the which states that Membership in the
bar, in order that he be given a roll of Union shall be required as a condition of
attorneys number he must choose the employment for all permanent employees
specific IBP chapter to which he wants workers covered by this Agreement.
A.Y. 2019-2020 YOU DO NOTE(s) 5 of 7
Sa Bed Colleg of Law
POLITICAL LAW REVIEWER
Under Section 4(a), paragraph 4, of refrain from joining labor orgs recognized
RA 875, the employer was not precluded by of the Industrial Peace Act is limited.
"from making an agreement with a labor The legal protection granted to such right
organization to require as a condition of to refrain from joining is withdrawn by
employment membership therein, if such operation of law, where a union and an
labor organization is the representative of employer have agreed on a closed shop.
the employees." When RA 3350 was By virtue of a closed shop agreement,
enacted, it introduced an amendment: before RA 3350, if any person, regardless
"but such agreement shall not cover of his religious beliefs, wishes to be
members of any religious sects which employed or to keep his employment, he
prohibit affiliation of their members in must become a member of the collective
any such labor organization". bargaining union. Hence, the right of said
As a member of a sect that employee not to join the labor union is
prohibits the affiliation of its members curtailed and withdrawn. To that
with any labor organization, appellee all-embracing coverage of the closed
resigned from the Union. Thereafter, the shop arrangement, RA 3350 introduced
Union asked the Company to separate an exception : "but such agreement shall
Appellee from service in view of the fact not cover members of any religious sects
that he was resigning from the Union as a which prohibit affiliation of their
member. Appellee filed an action for members in any such labor organization".
injunction. It merely excludes ipso jure from
the application and coverage of the closed
HELD: RA 3350 does not infringe right to shop agreement the employees belonging
association. Both the Constitution and RA to any religious sects which prohibit
875 recognize freedom of association. affiliation of their members with any labor
What the Constitution and the Industrial organization. What the exception
Peace Act recognize and guarantee is the provides, therefore, is that members of
"right" to form or join associations. The said religious sects cannot be compelled
right comprehends at least two broad or coerced to join labor unions even when
notions, namely: first , liberty or freedom, said unions have closed shop agreements
i.e., the absence of legal restraint, with the employers; that in spite of any
whereby an employee may act for himself closed shop agreement, members of said
without being prevented by law; and religious sects cannot be refused
second , power, whereby an employee employment or dismissed from their jobs
may, as he pleases, join or refrain from on the sole ground that they are not
Joining an association. It is, therefore, the members of the collective bargaining
employee who should decide for himself union.
whether he should join or not an It is clear, therefore, that the
association; and should he choose to join, assailed Act, far from infringing the
he himself makes up his mind as to which constitutional provision on freedom of
association he would join; and even after association, upholds and reinforces it. It
he has joined, he still retains the liberty does not prohibit the members of said
and the power to leave and cancel his RELIGIOUS SECTS from affiliating with
membership with said organization at any labor unions. It still leaves to said
time. It is clear, therefore, that the right members the liberty and the power to
to join a union includes the right to affiliate, or not to affiliate, with labor
abstain from joining any union. unions. If, notwithstanding their religious
Inasmuch as what both the beliefs, the members of said religious
Constitution and the Industrial Peace Act sects prefer to sign up with the labor
have recognized, and guaranteed to the union, they can do so. If in deference and
employee, is the "right" to join fealty to their religious faith, they refuse
associations of his choice, it would be to sign up, they can do so; the law does
absurd to say that the law also imposes, in not coerce them to join; neither does the
the same breath, upon the employee the law prohibit them from joining; and
duty to join associations. The right to neither may the employer or labor union
A.Y. 2019-2020 YOU DO NOTE(s) 6 of 7
Sa Bed Colleg of Law
POLITICAL LAW REVIEWER
compel them to join. RA 3350, therefore,
does not violate the constitutional
provision on freedom of association.
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