Sophisticated pretense in the form of apparent

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Unformatted text preview: The
 question
 has
 not
 been
 squarely
answered,
but
four
points
must
be
noted
–
 6. Lalay
Abala.
ALS2014B.
Labor
II.
 Decision
in
Victoriano
v.
Elizalde
was
promulgated
 in
 1974
 and
 at
 the
 time
 the
 new
 Labor
 Code
 was
 already
issued,
and
although
the
Code
did
not
carry
 the
exemption
under
RA
3350,
the
Court
cited
“the
 new
 Labor
 Code”
 in
 rejecting
 the
 arguments
 assailing
the
validity
of
RA
3350.
The
sense
is
that
 the
 Labor
 Code
 and
 RA
 3350
 do
 not
 repel
 each
 other
 Fr.
 B:
 cited
 the
 Victoriano
 ruling
 as
 an
 illustration
 of
the
right
to
free
exercise
of
one’s
religion.
Even
if
 the
 exemption
 under
 RA
 3350
 is
 not
 found
 in
 the
 Labor
 Code,
 still
 the
 exemption
 can
 be
 invoked
 under
the
freedom
of
religion
clause
in
the
present
 Constitution’s
Bill
of
Rights
 Kapatiran
 v.
 Calleja
 –
 court
 refused
 to
 compel
 the
 INK
members
to
join
the
incumbent
union
 Ebralinag
 v.
 Division
 Superintendent
 of
 Cebu
 –
 in
 exempting
 Jehovah’s
 Witnesses
 from
 compulsory
 participation
in
flag
ceremonies,
cited
the
religious
 objectors’
 similar
 exemption
 from
 compulsory
 union
 membership.
 Hence,
 the
 SC
 acknowledges
 the
existence
or
justification
of
the
exemption
 Iglesia
ni
Kristo
Members
may
form
and
join
own
union
 o Kapatiran
sa
Meat
and
Canning
Division
v.
Calleja
 This
 Court’s
 decision
 in
 Victoriano
 v.
 Elizalde
 Rope
 upholding
 the
 right
 of
 members
 of
 the
 Iglesia
 ni
 Kristo
 sect
 not
 to
 join
 a
 labor
 union
 for
 being
 contrary
 to
 their
 religious
 beliefs,
 do
 not
 bar
 the
 members
of
that
sect
from
forming
their
own
union.
 The
 recognition
 of
 the
 tenets
 of
 the
 sect
 should
 not
 infringe
 on
 the
 basic
 right
 of
 self­organization
 granted
by
the
Constitution
to
workers,
regardless
of
 religious
affiliation
 • Article
244.
Right
of
employees
in
the
public
service.

 1. Government
employees’
right
to
organize;
limitations
 • Law
guarantees
to
government
employees
the
right
to
organize
and
to
 negotiate,
but
not
the
right
to
strike
 • Arizala
v.
CA
 o PD
807
 Civil
 Service
 as
 embracing
 every
 branch,
 agency,
 supervision,
 and
 instrumentality
 of
 the
 government,
 including
 every
 GOCC
 whether
 performing
governmental
or
proprietary
function.
 The
 effect
 was
 seemingly
 to
 prohibit
 government
 employees
 to
 strike
 for
 the
 purpose
 of
 securing
 changes
 of
 their
 terms
 and
 conditions
 of
 employment,
 something
 which
 they
 were
 allowed
 to
do
under
the
Civil
Service
Act
of
1959
 49
 1987
Constitution
 Right
 to
 self‐organization
 shall
 not
 be
 denied
 to
 government
employees
 The
 State
 shall
 guarantee
 the
 rights
 of
 all
 workers
 to
 self‐organization,
 collective
 bargaining
 and
 negotiations,
 and
 peaceful
 concerted
 activities,
 including
the
right
to
strike
in
accordance
with
law
 Workers
 shall
 be
 entitled
 to
 security
 of
 tenure,
 humane
conditions
of
work,
and
a
living
wage
and
 also
 participate
 in
 policy
 and
 decision‐making
 processes
affecting
their
rights
and
benefits
as
may
 be
provided
by
law
 o CSC
Memorandum
Circular
No.
6
 The
 Commission
 enjoins,
 under
 pain
 of
 administrative
 sanctions,
 all
 government
 officers
 and
 employees
 from
 staging
 strikes,
 demonstrations,
 mass
 leaves,
 walk‐outs
 and
 other
 forms
of
mass
action
which
will
result
in
temporary
 stoppage
or
disruption
of
public
services.
To
allow
 otherwise
 is
 to
 undermine
 or
 prejudice
 the
 government
system
 o EO
180
 The
 right
 of
 self‐organization
 does
 indeed
 pertain
 to
 all
 employees
 of
 all
 branches,
 subdivisions,
 instrumentalities
 and
 agencies
 of
 the
 government,
 including
 GOCC
 with
 original
 charters;
 such
 employees
 shall
 not
 be
 discriminated
 against
 in
 respect
 of
 their
 employment
 by
 reason
 of
 their
 membership
 in
 employees’
 organizations...
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This document was uploaded on 03/11/2014.

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