Righting Wrongs: Criminal Law Provisions in the Philippines related to
National Security and their Impact on Human Rights Defenders
VII. The Right
to freedom of association:
Article 147
of the
RPC
The right of persons “to form unions, associations, or societies for purposes not contrary to law” is
guaranteed in Article III, Section 8 of the Constitution.
A. Article 147 on illegal associations
Article 147 establishes a punishment of two to four years’ imprisonment and a fine not exceeding Php1,000
(approximately US $22.00) on individuals convicted for being founders, directors, and presidents of
associations formed with the aim of committing crimes under the RPC or committing acts contrary to
“public morals”. Those convicted solely for being members of illegal associations under Article 147 are
punishable with imprisonment from one to six months.185
This law does not appear to have been used since the 1970s, during the Marcos administration. There
is a concern however that Article 147 may be used in the future against the leaders of human rights
organizations or associations perceived to be committing acts that are, for instance, contrary to public
morals. This concern is rooted in the fact that recently, lesbian, gay, bi-sexual and trans-gender (LGBT)
persons have been subjected to arrest and prosecution under Article 200 of the RPC for the crime of
grave scandal,186 one of the crimes against public morals referred to in Article 147. In his most recent
report, the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association noted
with concern that “public morality” laws have been used selectively against those promoting the rights
of LGBT persons.187 These types of laws encourage stigmatization and discrimination of LGBT persons
and should therefore be abolished.
B. Article 147 vis-à-vis international standards on freedom of association
The defense of human rights is often carried out collectively, necessitating individuals to work together
and associating with each other. Hence, the right to freedom of association is one of the rights included
in the UN Declaration on Human Rights Defenders, which emphasizes that everyone has the right,
individually and in association with others, at the national and international levels “to form, join and
participate in non-governmental organizations, associations or groups.”188 The right to freedom of
association is guaranteed under Article 22 of the ICCPR, which states that “everyone shall have the right
to freedom of association with others, including the right to form and join trade unions for the protection
of his interests.” While the ICCPR recognizes that states may impose restrictions on the right to freedom
of association, it requires that such restrictions be: prescribed by law and “necessary in a democratic
society in the interest of national security or public safety, public order (ordre public), the protection of
public health or morals or the protection of the rights of freedoms of others.”189
The right to freedom of association, including the right to form and join associations concerned with
political and public affairs, is also an important adjunct to Article 25 of the ICCPR, which guarantees the
right to participate in public affairs.190 The UN Special Rapporteur on freedom of assembly and association
also emphasized that associations should enjoy the rights to express opinion, disseminate information,
engage with the public, and advocate before governments and international bodies for human rights,
for the purpose of, among others, advocating changes in the law, including changes in the Constitution.
The UN Special Rapporteur has noted that the establishment of associations that espouse minority or
dissenting views may sometimes lead to tensions, but he nevertheless emphasizes that the State must
still ensure that everyone can peacefully express his views without fear of reprisal or retribution.191
185 The term “contrary to public morals” refers to those crimes under Title 6 of the RPC, which include gambling (Article 195), illegal
betting on horse races (Article 198), illegal cockfighting (Article 199), grave scandal (Article 200), and vagrancy and prostitution
(Article 202).
186 Human Rights Committee, Concluding Observations on the Fourth Periodic Report submitted by the Philippines, UN Doc. CCPR/C/
PHL/CO/4 (2012), para. 10.
187 Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, UN Doc. A/HRC/26/29 (2014),
para. 30.
188 Article 5(a) of the UN Declaration on Human Rights Defenders.
189 Article 22(2) of the ICCPR.
190 Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, UN Doc. A/HRC/20/27 (2012) at
para. 73.
191 Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, UN Doc. A/HRC/20/27 (2012) at
para 64.
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