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Arizala v. CA, GR 43633-34, 14 September 1990
The Industrial Peace Act prohibited supervisors to become, or continue to become, members of labor organizations composed of rank-and-file employees and prescribed criminal sanctions for breach of prohibition. It was under the regime of the said Act that the Government Service Insurance System (GSIS) became bound by a collective bargaining agreement executed between GSIS and the GSIS Employees Association. The agreement contained a maintenance-of-membership clause which states that all employees, who at the time of the execution of said agreement, were members of the union or became members thereafter, were obliged to maintain their union membership in good standing for the duration of the agreement as a condition for their continued employment in the GSIS. Pablo Arizala, Sergio Maribao, Leonardo Joven, and Felino Bulandus were occupying supervisory positions at that time. Demands were made on all four of them in view of their supervisory position but they refused to resign from the GSIS Employees Association. Two criminal cases for violation of the Industrial Peace Act were lodged against them. Both criminal cases resulted in the conviction of the accused in separate decisions. They moved for reconsideration. They argued when the so called “1973 Constitution” took effect, their cases were still pending and that since the provision of that constitution and of the Labor Code subsequently promulgated repealing the Industrial Peace Act, they ceased to fall within the coverage of the Industrial Peace Act and should no longer thus continue to be prosecuted and exposed to punishment for a violation thereof.
Whether or not the petitioners’ criminal liability for a violation of the Industrial Peace Act may be deemed to have been obliterated in virtue of subsequent legislation and the provision of the 1973 and 1987 Constitutions.
Yes, the petitioners’ liability for the violation of the Industrial Peace Act have been obliterated. They appear to be correct in their view of the disappearance from the law of the prohibition on supervisors being members of a labor organization composed of rank-and-file employees under their supervision. The Labor Code allowed supervisors who are members of existing labor organizations on the Effectivity of RA 6715 to remain in the rank-and-file unions.