Office of the Sangguniang Bayan

December 7, 1981 Office of the Sangguniang Bayan c/o Mayor Carmen M. Martinez Cortes, Surigao del Sur Gentlemen: This has reference to your letter dated October 20, 1981, inquiring about the legality of the formation/incorporation of the Burgos Fishermen's Association. In connection therewith, please be informed that the above-named association is not yet registered with this Office. Although it has filed its by-laws on April 29, 1981, the same was returned with the advice that it has to file its articles of incorporation first in accordance with Section 14 of the Corporation Code (Batas Pambansa Blg. 68) in order to be duly registered as a corporation. It is worth mentioning that under the Philippine Constitution, every citizen as the right to form associations or societies not contrary to law. The Bill of Rights, particularly Section 7 of Article IV of the 1973 Philippine Constitution provides, to wit: "The right to form association or societies for purposes not contrary to law shall not be abridged." Thus, where the application for registration of a proposed corporation is in accordance with the Corporation Code of the Philippines and other existing laws, this Commission will approve the same. As to whether or not its objectives are contrary to law, the same shall be determined as soon as subject association will file its articles of incorporation. However, if you have any objection, you may file a written opposition relative thereto in which case a corresponding hearing will be conducted by this Commission. In view of the fact that the association is not yet registered with this Office, it is still premature to answer your query. As soon as we receive the necessary papers of the Association, we will inform you accordingly. LexLib Very truly yours, (SGD.) MANUEL G. ABELLO Chairman