Right to Association Flashcards
Sec. 8, Art. III.
The right of the people, including those employed in the public and private sectors, to form unions, association, or societies for purposes not contrary to law shall not be abridged
Sec. 8, Art. III.
The right of the people, including those employed in the public and private sectors, to form unions, association, or societies for purposes not contrary to law shall not be abridged
Sec. 3, Art. XIII.
The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to selforganization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth.
Sec. 3, Art. XIII.
The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to selforganization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth
Sec. 2(5), Art. IX-B.
The right to selforganization shall not be denied to government employees.
Sec. 2(5), Art. IX-B.
The right to selforganization shall not be denied to government employees.
What is the scope to freedom of association?
The right is recognized as belonging to people whether employed or unemployed, and whether in the government or in the private sector. It includes the right to unionize.
The State does not infringe on the fundamental right to form lawful associations when it leaves to citizens the power and liberty to affiliate or not affiliate with labor unions [Victoriano v. Elizalde Rope Workers Union, supra].
Is a ban on the participation of political parties in the barangay election valid?
YES
[T]he ban against the participation of political parties in the barangay election is an appropriate legislative response to the unwholesome effects of partisan bias in the impartial discharge of the duties imposed on the barangay and its officials as the basic unit of our political and social structure [Occeña v. COMELEC, G.R. No. L-60258 (1984)].
Can a political group be hindered solely because it seeks to publicly debate controversial political issues?
NO.
A political group should not be hindered solely because it seeks to publicly debate controversial political issues in order to find solutions capable of satisfying everyone concerned. Only if a political party incites violence or puts forward policies that are incompatible with democracy does it fall outside the protection of the freedom of association guarantee
[Ang Ladlad LGBT Party v. COMELEC, supra].
What are the types of Association?
- Intimate association
2. Expressive association
What is intimate association?
Formation and preservation of certain kinds of highly personal relationshipsThe personal affiliations that exemplify these considerations […] are those that attend the creation and sustenance of a family — marriage, childbirth, the raising and education of children, and cohabitation with one’s relatives.
Family relationships […] involve deep attachments and commitments to the necessarily few other individuals with whom one shares not only a special community of thoughts, experiences, and beliefs, but also distinctively personal aspects of one’s life [Roberts v. United States Jaycees, 468 U.S. 609 (1984)].
What is Expressive association?
Association with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends
The right to associate for expressive purposes is not, however, absolute. Infringements on that right may be justified by regulations adopted to serve compelling state interests, unrelated to the suppression of ideas, that cannot be achieved through means significantly less restrictive of associational freedoms [Roberts v. United States Jaycees, supra].
What is the freedom not to associate?
Freedom of association presupposes freedom not to associate [Roberts v. United States Jaycees, supra].
Government actions that unconstitutionally burden that right may take many forms, one of which is intrusion into a group’s internal affairs by forcing it to accept a member it does not desire. Such forced membership is unconstitutional if the person’s presence affects in a significant way the group’s ability to advocate public or private viewpoints [Boy Scouts of America v. Dale, 530 U.S. 640 (2000)].
Can enteering into a contract compel one to join an association?
YES.
- landownership
- home owner’s association
If one buys a lot with a title that states that the lot owner automatically becomes a member of a homeowners’ association, then they are considered to have voluntarily joined the association.
The essence of community life is association and cooperation for without these such broader welfare goals cannot be attained. It is for these reasons that modem subdivisions are imposing encumbrance upon titles of prospective lot buyers a limitation upon ownership of the said buyers that they automatically become members of homeowners’ association living within the community of the subdivision [Bel-Air Village Association v. Dionisio, G.R. No. L-38354 (1989)].
Upon acceptance by the Board […] all real estate owners, or long-term lessees of lots within the boundaries of the Association as defined in the Articles of Incorporation become regular members. As lot owner, PADCOM is a regular member of the Association. No application for membership is necessary. The automatic membership clause is not a violation of the right to freedom of association. PADCOM was never forced to join the association. […] PADCOM voluntarily agreed to be bound by and respect the condition, and thus to join the Association [Padcom Condominium Corporation v. Ortigas Center Association, Inc., G.R. No. 146807 (2002)].
Does the right to unionize include the right to conduct strikes, walkouts, and other temporary work stoppages?
NO.
The right to association and the right to unionize do not include the right to conduct strikes, walkouts, and other temporary work stoppages
[SSS Employees Association v. CA, G.R. No. 85279 (1989); Manila Public School Teachers Assoc. v. Laguio Jr., G.R. No. 95445 (1991)].
Does the right to form associations guarantee the acquisition of legal personality by labor organizations, associations, or unions?
NO.
The right to form associations does not guarantee the acquisition of legal personality by labor organizations, associations, or unions and the possession of the “rights and privileges granted by law to legitimate labor organizations”
[Philippine Assoc. of Free Labor Unions v. Sec. of Labor, G.R. No. L-22228 (1969)].
Who are not eligible to join, assist, or form unions?
Pursuant to Art. 245 of the Labor Code, managerial employees are not eligible to join, assist, or form any labor organization [United Pepsi-Cola Supervisory Union v. Laguesma, G.R. No. 122226 (1998)].
Is an obligation to join a paticular union for continued employement a valid restriction?
When employees are obliged to join a particular union as a requisite for continued employment, the condition is a valid restriction of the right not to join any labor organization since it is in favor of unionism [BPI v. BPI Employees Union-Davao Chapter, G.R. No. 164301 (2010)].
