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7. Victoriano v.

Elizalde Rope Workers Union

Victoriano tendered his resignation for being a member of Iglesia ni Cristo, after the
enactment of RA 3350 which directed that the agreement between employer and labor
organization is not binding to members of religious sects which prohibit affiliation of their
members to any such organization. In order to remain with the Company, according to the
Collective Bargaining Agreement, the employee should likewise be a member of the Union.
1. Benjamin Victoriano was a member of the Iglesia ni Cristo and was employed by
Elizalde Rope Factory, Inc. since 1958. He was a member of the Workers Union,
whose collective bargaining agreement with the company provided that
[m]embership in the Union shall be required as a condition of employment for all
permanent employees.
2. Republic Act 3350 was enacted on June 18, 1961. It introduced amendment to
Section 4[4(a)] of RA 875. Said section of RA 875 did not preclude the employer from
making an agreement with a labor organization to require as a condition of
employment membership therein, if such labor organization is the representative of
the employees. However, due to the amendment introduced by RA 3350, such
agreement (between employer and labor organization) shall not cover members of
any religious sect which prohibit affiliation of their members in any such labor
3. Being a member of a religious sect which prohibits affiliation of its members with any
labor organization, Victoriano tendered his resignation to the Union in 1962.
However, no action was taken by the Union; thus, petitioner reiterated his resignation
12 years later. The Union, on the other end, wrote a formal letter to the Company
asking for the separation of Victoriano from service as he was resigning from the
Union as a member.
4. The management in turn notified Victoriano and his counsel that unless they
(Victoriano) could achieve a satisfactory arrangement with the Union, the Company
would be constrained to dismiss him from service.
1. The purpose of RA 3350 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
2. Religious freedom, although not unlimited, is a fundamental personal right and liberty
and has a preferred position in the hierarchy of values. Contractual rights, therefore,
must yield to freedom of religion. It is only where unavoidably necessary to prevent
an immediate and grave danger to the security and welfare of the community that
infringement of religious freedom may be justified, and only to the smallest extent
necessary to avoid the danger.
3. The constitutional provision prohibiting the establishment of religion only prohibits
legislation for the support of any religious tenets or the modes of worship of any sect,
this forestalling compulsion by law of the acceptance of any creed or the practice of
any form of worship, but also assures the free exercise of ones chosen form of
religion within the limits of utmost amplitude. It has been said that the religion
clause of the Constitution are all designed to protect the broadest possible liberty of
conscience, to allow each man to believe as his conscience directs, to profess his
beliefs, and to live as he believes he ought to live, consistent with the liberty of
others and with the common good. Any legislation whose effect or purpose is to

impede the observance of one or all religions or to discriminate invidiously between

religions is invalid, even though the burden may be characterized as being only
indirect. But, if the state regulates conduct by enacting, within its power, a general
law which has for its purpose and effect to advance the States secular goals, the
statute is valid despite its indirect burden on religious observance, unless the State
can accomplish its purpose without imposing such burden.
4. A religious test required for the exercise of a right needs a right to be exercised.