Ms. Remedios I. Rikken

June 14, 1993 Ms. Remedios I. Rikken National Commission on the Role of Filipino Women 1145 J.P. Laurel St.,San Miguel Manila M a d a m : This refers to your letter dated May 4, 1993 calling the attention of the SEC Section 6 of RA 7192, otherwise known as the "Women in Development and Nation-Building Act" which you claim allows women "equal membership" in clubs, and Section 10 thereof mandating all government agencies to submit a compliance report to Congress every six months. LexLib Section 6 of said Law provides: "SECTION 6. Equal Membership in Clubs . Women shall enjoy equal access to membership in all social, civic and recreational clubs, committees, associations and similar other organizations devoted to public purpose .They shall be entitled to the same rights and privileges accorded to their spouses if they belong to the same organization." (Emphasis supplied) The right referred to in the above provision should not be strictly construed to mean "equal membership" in an association or organization. Rather, it should be interpreted merely to mean "equal access" to membership. It would be absurd to construe it in terms of equality in number, as there are types or kinds of organizations wherein not all sexes or persons, by the nature of their objectives, are acceptable or qualified to become members. It is also a matter of general knowledge that corporations may validly prescribe certain qualifications necessary for membership and the mode of procedure in which it may require to comply. Moreover, it is very clear from the above provision that women are given equal access to membership only in associations or organizations devoted to "public purpose" Thus, where the very nature of the objective(s) of a proposed association or organization would not allow women membership or where the objective of the organization is not for public purpose, the same may be registered, even in the absence of a provision giving women equal access to membership, provided its purpose is not contrary to law and the application for registration is in accordance with the Corporation Code and other pertinent laws. The Commission will apply the above mentioned provision allowing women "equal access to membership" only in cases where the objectives or purposes of the organization are for public purposes. LibLex Please be advised accordingly. Very truly yours, (SGD.) ROSARIO N. LOPEZ Chairman