De Lima issues legal opinion on Cebu grad school issue

MANILA, Philippines - In a recent legal opinion, Justice Secretary Leila de Lima said students of the graduate school of Cebu Normal University cannot automatically become members of the school’s Graduate School Students Organization (GRASSO). 

In a letter to CNU president Marcelo Lopez, De Lima answered the query on the legality of GRASSO’s regulations on membership.

Article 3 of GRASSO’s by-laws on membership reportedly states that all bona fide students of the graduate school of CNU “shall automatically become members of the organization.” 

But De Lima, in a three-page legal opinion, said, “The right to form associations and be a member thereof is one of the basic fundamental rights protected under the Bill of Rights of the Constitution. The constitutionally guaranteed freedom of association includes the freedom not to associate.”

“The right to choose with whom one will associate oneself is the very foundation and essence of that partnership. It should be noted that the provision guarantees the right to form an association. It does not include the right to compel others to form or join one,” she said. 

Thus, to compel an individual to be a member of a society or organization is a violation of the person’s right to association, she added. 

De Lima said the resolution issued by the CNU Board of Regents that authorizes the university’s president to issue a memorandum on the voluntary nature of membership “is on proper footing.” 

The memorandum was sent to all student organizations in the CNU campus.