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Miss Florencia M. Lopez

SEC Opinion • Securities and Exchange Commission • Opinions • Jun 19, 1989

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June 19, 1989 Miss Florencia M. Lopez San Juan Municipal High School San Juan, Metro Manila Madam: This refers to your letter, dated May 8, 1989, inquiring in whether your Faculty Club or a Parent-Teacher Association can be registered with the Securities and Exchange Commission without the knowledge of the school authorities where the teachers or faculty members belong. prcd The right to form association for purposes not contrary to law is guaranteed under Section 8, Article III of the Philippine Constitution. The law provides thus: "SECTION 8. The right of the people including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged." Likewise, the Corporation Code provides: "SECTION 17. Grounds when the articles of incorporation or amendment may be rejected or disapproved . The Securities and Exchange Commission may reject the articles of incorporation or disapprove any amendment thereto if the same is not in compliance with the requirements of this code: ... The following are grounds for such rejection or disapproval: 1. That the articles of incorporation or any amendment thereto is not substantially in accordance with the form prescribed herein; 2. That the purpose or purposes of the corporation are patently unconstitutional, illegal, immoral or contrary to government rules and regulations; xxx xxx xxx" Thus, for as long as objectives of the association are not contrary to law and the articles of incorporation of the association substantially complies with the provisions of the Corporation Code, and meets the guidelines established by the Commission, its registration, as a juridical entity may be allowed by the Commission even without the approval of the school authorities. cdlex Please be advised accordingly. Very truly yours, (SGD.) RODOLFO L. SAMARISTA Associate Commissioner

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