CASE DIGEST: ST. LUKE'S MEDICAL CENTER EMPLOYEE'S ASSOCIATION-AFW (SLMCEA-AFW) vs. NLRC. G.R. No. 162053. March 7, 2007

ON POLICE POWER

FACTS:

Petitioner was hired as X-Ray Technician in the Radiology department of St. Luke's. She is a graduate of Associate in Radiologic Technology but has not yet obtained her license. In 1992, Congress passed and enacted RA 7431 known as the Radiologic Technology Act. The Law requires that no person shall practice as a radiology and/or X-Ray Technologist in the Philippines without having obtained the proper certificate of registration from the Board of Radiologic Technology. In compliance with the law, St. Luke's notice all petitioners of Radiologic Technology to comply, otherwise, the unlicensed employee will be transferred to an area which does not require a licence to practice. Consequently, petitioner was dismissed due to the said law for not obtaining a license.

ISSUE:

Whether petitioner was illegally dismissed on the basis of her inability to secure a certificate of registration from the Board of Radiologic Technology.

RULING:

No, While the right of workers to security of tenure is guaranteed by the Constitution, its exercise may be reasonably regulated pursuant to the police power of the State to safeguard health, morals, peace, education, order, safety, and the general welfare of the people. Consequently, persons who desire to engage in the learned professions requiring scientific or technical knowledge may be required to take an examination as a prerequisite to engaging in their chosen careers.

The enactment of RA 7431 are recognized as an exercise of the State's inherent police power. The state is justified in prescribing the specific requirements for X-Ray Technicians connected with the Health and Safety of the Citizens.