UNIVERSITY OF SANTO TOMAS HOSPITAL, PETITIONER, VS. U.S.T. HOSPITAL EMPLOYEES ASSOCIATION (NLU) ET AL., RESPONDENTS.

BAUTISTA ANGELO, J.:

In a complaint dated February 27, 1957, a prosecutor of the Court of
Industrial Relations charged the University of Santo Tomas Hospital
with having committed certain unfair labor practice acts against one
Felipe L. Torrecampo, president of the University of Santo Tomas
Employees Association, an affiliate of the National Labor Union, in
violation of Section 4 (a), paragraphs 1 and 4, of Republic Act 875.

The University of Santo Tomas Hospital, thru counsel, filed a motion
to dismiss alleging, among other things, that the Court of Industrial
Relations has no jurisdiction over the case and that Republic Act 875
is not applicable to any relation of employment between the University
of Santo Tomas Hospital and its employees. This motion was opposed by
the union. Acting thereon, Judge Emiliano C. Tabigne denied the motion
holding that the Court of Industrial Relations has jurisdiction to take
cognizance of the case predicating his view upon the assumption that,
although the University of Santo Tomas Hospital is not an industrial
establishment, as enunciated in cases previously decided by this Court,^[1]
Republic Act No. 875, which was approved on June 17, 1953, under which
the present case comes, does not exclude from its purview
non-industrial establishments or entities, such as charitable or
educational institutions. This ruling was upheld by the industrial
court en banc. Hence the present appeal.

Basically, the issues raised here are substantially similar to those involved in the Boy Scouts of the Philippines vs. Araos,^[2]
which was decided by this Court much after the promulgation of the
decision subject of review, wherein this Court held that Republic Act
875, otherwise known as the Industrial Peace Act, particularly that
portion regarding labor disputes and unfair labor practices, was
intended by Congress “to apply only to industrial employment and to
govern the relation between employers engaged in industry and
occupations for purposes of profit and gain, and their industrial
employees, but not to organizations and entities which are organized,
operated, and maintained not for profit or gain, social service,
education and instruction, hospital and medical service, the
encouragement and promotion of character, patriotism and kindred
virtues in the youth of the nation.” And this ruling was reiterated in
the subsequent case of University of San Agustin vs. Court of Industrial Relations, et al, 103 Phil. 926, and recently, in the case of The Elks Club, 105 Phil., 204.

Since petitioner is a hospital owned and operated by the University
of Santo Tomas which, as aforesaid, is an institution operated and
maintained not for profit but exclusively for purposes of education,
following the ruling enunciated in the cases above-mentioned, Republic
Act No. 875 does not apply to the relation of employment between
petitioner and the employee against whom an unfair labor practice has
been allegedly committed.

Wherefore, the decision appealed from is reversed. The complaint for
unfair labor practice filed against petitioner is hereby dismissed. No
costs.

Bengzon, C. J., Padilla, Labrador, Paredes, Dizon, Regala, and Makalintal, JJ., concur.

^[1]
U.S.T. Hospital Employees Association vs. Sto. Tomas University Hospital, 95 Phil., 40; San Beda College vs. Court of Industrial Relations, et al., 97 Phil., 787; Quezon Institute vs. Celso A. Velasco, 97 Phil., 905.

^[2] 102, Phil., 1080.