Arizala v. CA

Facts:

Government Service Insurance System became bound by a CBA executed between it and the labor organization representing the majority of its employees, the GSIS Employees Association. The agreement contained a "maintenance-of-membership" clause, i.e., 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. The Petitioners occupied supervisory positions in the GSIS. Pablo Arizala and Sergio Maribao were, respectively, the Chief of the Accounting Division, and the Chief of the Billing Section of said Division, in the Central Visayas Regional Office of the GSIS. Leonardo Joven and Felino Bulandus were, respectively, the Assistant Chief of the Accounting Division (sometimes Acting Chief in the absence of the Chief) and the Assistant Chief of the Field Service and Non-Life Insurance Division (and Acting Division Chief in the absence of the Chief), of the same Central Visayas Regional Office of the GSIS. Demands were made on all four of them to resign from the GSIS Employees Association, in view of their supervisory positions. They refused to do so.

2 criminal cases for violation of the Industrial Peace Act were lodged against them in the City Court of Cebu: one involving Arizala and Maribao and the other, Joven and Bulandus. Both criminal actions resulted in the conviction of the accused in separate decisions. They were each sentenced "to pay a fine of P 500.00 or to suffer subsidiary imprisonment in case of insolvency." They appealed to the CA. The appeals were consolidated on motion of the appellants, and eventuated in a judgment affirming the convictions of all four appellants. The appellants moved for reconsideration which the Appellate Court denied.

Issue:

Can 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 provisions of the 1973 and 1987 Constitution.

Held:

Supervisors who were already members of a rank-and-file labor organization at the time of the effectivity of R.A. No. 6715, are authorized to "remain therein." The maintenance by supervisors of membership in a rank-and-file labor organization even after the enactment of a statute imposing a prohibition on such membership, is not only not a crime, but is explicitly allowed, under present law.