Muslim Association-Angeles City, Inc.

March 14, 1985 Muslim Association-Angeles City, Inc. 840 A. Fields Avenue Balibago, Angeles City Attention : Mr . Gerry Pandita President Gentlemen: This has reference to your letter dated February 4, 1985, requesting for the opinion of this Commission on the query posed therein. prcd It appears that another Pampanga Muslim Association is being formed, headed by one Sulaiman Menor. It likewise appears that the members he is recruiting are also the members of your association, registered with this Commission under Registration no. 0106996. You now require the opinion of this Commission on whether or not the aforementioned persons can be incorporators or members of two (2) Muslim associations in the Province of Pampanga, with the said association having the same purposes and objectives. In reply thereto, please be informed that your incorporators or members have the right to join in any organization as the same is a recognized constitutional right. It is likewise the constitutional right of a member of a voluntary organization to terminate his membership therein. Section 7 of Article IV of the Philippine Constitution, provides, and we quote: "SECTION 7. The right to form associations or societies for purposes not contrary to law shall not be abridged." Incidentally, an examination of your records shows that you have not submitted your by-laws inspite of the fact that your certificate of incorporation was issued on September 9, 1982. In this connection, Section 46 of the Corporation Code provides: "SECTION 46. Adoption of by-laws . Every corporation formed under this Code, must within one (1) month after receipt of official notice of the issuance of its certificate of incorporation by the SEC, adopt a Code of by-laws for its government not inconsistent with this Code. For the adoption of by-laws by the corporation, the affirmative vote of at least a majority of the members, in the case of non-stock corporations, shall be necessary. The by-laws shall be signed by the . . . members voting for them and shall be kept in the principal office of the corporation, subject to the inspection of the . . . members during office hours, and a copy thereof, duly certified to by a majority of the directors or trustees and counter-signed by the Secretary of the Corporation shall be filed with the Securities and Exchange Commission which shall be attached to the original articles of incorporation. cdll xxx xxx xxx In all cases, by laws shall be effective only upon the issuance by the Securities and Exchange Commission of a certification that the by-laws are not inconsistent with this Code. xxx xxx xxx." Please be advised accordingly. Very truly yours, (SGD.) MANUEL G. ABELLO Chairman