Sectipn 8

Question 1

Recite the provision

Answer 1

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.

Question 2

What the Right to Association guarantees?

Answer 2

1. The right to join any association (positive)
2. The right to refuse to join (negative)

Question 3

PAFLU vs. Secretary􏰑A labor union is required to be registered with the BLR. Now, BLR denied its application for registration. The union impugned the same for being violative to their right to associate.

Answer 3

It was not violated as they have been allowed to form their union. What the law guarantees is the right to associate and to form association. It does not guarantee registration of union with the BLR. The registration is not a limitation to the right of assembly or association, which may be exercised with or without said registration. It is merely a condition sine qua non for 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”. The Constitution does not guarantee these rights and privileges.

Question 4

Occeña challenged a law which prohibits a candidate of the barangay election from representing himself as a member of a political party and also prohibited the political parties from supporting a particular candidate in the elections.

Answer 4

No! It was not violative of Section 8 as he was already a member of the party. Such right is subject to the police power of the State. The law is a valid exercise of such power. What the Constitution guarantees is the right to associate and form an association. It does not guarantee that you may run under your party.

Question 5

There was this rule that only employees/union members who have worked for at least one year can vote in the election of union officers. Held: The Constitution only guarantees the right to associate. It does not guarantee your right to vote union officers.

Answer 5

But take note of Bel Air vs. Dionisio 􏰑 This has reference to the rules of the homeowners association requiring all homeowners to be member of the association. The TCT covering the subject parcel of land contains an annotation to the effect that the lot owner becomes an automatic member.