Capt. Eduardo A. Buenaventura

November 9, 1981 Capt. Eduardo A. Buenaventura AFP Medical Center V. Luna Road Quezon City Sir : This has reference to your letter dated October 23, 1981 relative to the By-laws provision of the Philippine Association of Military Surgeons, Inc. which states that membership shall be deemed compulsory for those medical officers in active service and that in view of said provision you wish to know whether a medical officer in active duty can refuse to be a member and/or if already a member, can resign. In connection therewith, please be informed that membership in the above-mentioned association is only voluntary notwithstanding the provision in its by-laws to the contrary for to make it compulsory and/or prohibit one from resigning therefrom would mean an infringement of one's constitutional right of freedom to associate and to dissociate. Moreover, Article 20, paragraph 2 of the Universal Declaration of Human Rights specifically provides that "no one may be compelled to belong to an association". Thus, a provision in the by-laws of the corporation which requires compulsory membership therein is null and void it being contrary to the Constitution and International Law. It is therefore suggested that the new by-laws of the Philippine Association of Military Surgeons, Inc.,be amended to delete Section 1(2) of Article III thereof. llcd Very truly yours, (SGD.) ROSARIO N. LOPEZ Associate Commissioner