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LMM vs. Hon. Abiera

NG MANGGAGAWANG MAKABAYAN (LMM), petitioner, vs. HON. CARLOS ABIERA, as Presiding Judge of Branch VI, Court of First Instance of Negros Occidental, 12th Judicial District, and FACUNDO TINAMBACAN, DOROTEO PASAPORTE, MARCELO NAVARRO, PATRICIO TRANILLA, FEDE

G.R. No. L-29474 | 1970-12-19

D E C I S I O N 


FERNANDO, J: 

The respect to be paid a stipulation in a collective bargaining contract, when apparently it came into collision with a statutory right, lay at the root of the dispute in this certiorari and prohibition proceeding now before this Court. Congress in 1961 amended the pertinent provision of the Industrial Peace Act by exempting from the operation of a closed shop or a union security shop agreement "members of any religious sects which prohibit affiliation of their members in any such labor organization." 1 The above saving clause notwithstanding, petitioner union. Lakas Ng Manggagawang Makabayan (LMM),...