Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO1S"9

EXPLANATORY NOTE

Scouting, or the skill of scouteraft, is one of the strongest means of promoting physical,
moral, spiritual and social growth in our children and youth. As a tool to develop various holistic
traits in our children and youth ~ from moral values and civie consciousness to environment
protection and civie responsibility, this bill aims to reorganize the Boy Scouts of the Philippines
in order to better serve its purpose.

The 1987 Constitution, Section 13, Article II, encourages rearing our children and youth
towards civie consciousness and moral values so that they may be productive and patriotic
members of society. In this regard, this bill seeks to reorganize and restructure the government
entity created under Commonwealth Act No. 111, as amended, that would handle such a crucial
role in molding and upbringing our children and the youth. In this bill, the new acting entity, the
Boy Scouts of the Philippines, along with its powers, functions and duties will be redefined so
that our Scouts may have a formal and organized corporation that is more attuned to the times
and adapted to growing challenges they face.

Attempts to formulate an organized law for such purpose has existed since the 8"
Congress, but this bill seeks to install a more concrete institution in order that the Boy Scouts of
the Philippines may be more developed to achieve its goals in the guidance and moral, civie and
social development of our children and youth in this rapidly changing world.

In light of the foregoing and for better government service to our children and youth in
the form of a more organized Scouts Philippines, the passage of this bill is earnestly sought.

REP. 1 MERCADO-REVILLA

2™ District, Cavite


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No.1.67'9

Introduced by HONORABLE LANI MERCADO-REVILLA

AN ACT INSTITUTING THE BOY SCOUTS OF THE PHILIPPINES CHARTER,
DEFINING ITS OBJECTIVES, POWER AND FUNCTIONS, REPEALING FOR THE
PURPOSE COMMONWEALTH ACT NO. 111, AS AMENDED

Be it enacted by the Senate and the House of Representative of the Philippines in
congress assembled:

SECTION 1. Short Title. — This Act shall be known and cited as the “Boy Scouts of the
Philippines Charter of 2013”.

SECTION 2. Declaration of Policy. - Recognizing the vital role of young people (children and
youth) under the ages 4 to 25 in nation-building, it is therefore the policy of the State to ensure

and protect their physical, moral, intellectual, emotional, social and spiritual growth by

promoting Scouting as an integral component of the basic education system.

SECTION 3. Objectives. - The objectives of this Act are:

a) To promote through organizations and cooperation with other agencies, the ability of
the young people and/or the Filipino youth to do useful things for themselves and
others;

b

To train the young people and/or the Filipino youth in the attitudes, skills, and the
habits of responsible citizenship:

°)

To inculcate in the young people and/or the Filipino youth patriotism, civic
consciousness and responsibility, environmental protection awareness and activities,

courage, self-reliance, selflessness, discipline and kindred virtues, as well as moral

and spiritual values, using the method which are in common use by Scouts.

SECTION 4. Boy Scouts of the Philippines. - The Boy Scouts of the Philippines (BSP) shall
have its principal office in Metropolitan Manila. They may establish such other offices, agencies
or branches anywhere in the Philippines as its operations would require and its National

Executive Board would determine.


SECTION 5. Corporate Powers. - As a juridical entity, the BSP shall have perpetual succession
and shall enjoy the following corporate powers:

a) To sue and be sued;

b) To acquire, hold and convey such real and personal properties, rights and choses in
action as shall be deemed necessary and desirable for its purposes as hereinafter set
forth;

©) To receive funds, real and personal properties by gift, devise and donation,
contribution or other means;

@

e

To adapt a seal and to alter and destroy the same at pleasure;

To have offices and conduct its business and affairs in the Metropolitan Manila area
and in the provinces, cities, municipalities and barangays in the Philippines; and,

f) Generally, to exercise all the powers of a corporation and do all such acts and things
as may be necessary to carry into effect of the provisions of this Act and promote the

purposes of said organization.

SECTION 6. Vision and Mission. - Vision and Mission of the Boy Scouts of the Philippines:
Vision

We are the leading provider of progressive outdoor-based non-formal education committed to
develop morally straight, disciplined, concemed, self-reliant citizens in the best tradition of
world Scouting.

Mission
To inculcate in our Scouts, love of God, country and fellowmen. To prepare the youth for
responsible leadership. To contribute to nation building according to the ideals, principles, and

program of Scouting.

SECTION 7. Nature and Purpose. - The BSP is an independent and voluntary, non-stock, non-
profit, non-sectarian, non-political entity which shall willingly cooperate with other persons,
natural and judicial, public and private, whose ideals and procedures are in accord with those

conferred or authorized by this Act.

SECTION 8. Chief Scout. - The President of the Republic of the Philippines shall be the Chief
Scout of Boy Scouts of the Philippines.

SECTION 9. Vice Chief Scout. - The Vice- President of the Republic of the Philippines shall be
the Vice Chief Scout of the Boy Scouts of the Philippines.


SECTION 10. Authority and Powers of the Chief Scout and Vice Chief Scout. - The Chief
Scout and Vice Chief Scout are honorary members of the Boy Scouts of the Philippines but are
not deemed to be members of the National Executive Board unless they are duly elected as

members thereof in accordance with the provisions of this Act and of the Corporation’s by-laws.

SECTION 11. National Executive Board. - The governing body of the said corporation shall
consist of a National Executive Board, the members of which shall be Filipino citizens of good

moral character. The Board shall be composed of the following:

a) The Secretary of the Department of Education;
b) Secretary of the Department of Interior and Local Government;
©) The National President of the Girl Scouts of the Philippines;

d

Regional Chairmen of the geographical regions of the Corporation to be known as
Scout Regions who shall be elected by the representatives of all the chartered
Provincial, City or conglomerate of cities and municipalities to be known as
Local Councils within the region during its meeting called for this purpose;

e)

One Senior/Rover Scout each from Luzon, Visayas and Mindanao areas, to be

elected during the conference of Scouts ages 13. to 25 known as the Scout Youth

Forum in their respective Philippine geographical areas;

f) Twelve (12) regular members to be elected by the members of the National
Council in its meeting called for this purpose; and,

g) Five (5) additional members from the private sector.

Thereafter, the National Executive Board as herein fully constituted shall elect from among
themselves the following officers of the corporation:

a)
b)
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dq)

e)

President;

Senior Vice-President;

One (1) Vice-President each from Luzon, Visayas and Mindanao areas;

Treasurer; and

Such other officers as the Board may deem necessary.

The numerical composition of the National Executive Board shall also be provided for in
the By-laws of the Boy Scouts of the Philippines.
The qualification, term of office and manner of electing the abovementioned members of

the National Executive Board shall be prescribed within the By-Laws of the corporation.

The term of office of the members of the Board shall be three (3) years. However all

incumbent elective officers of the BSP whose terms have not yet expired at the effectively of this


Act shall be allowed to serve the unexpired portion of their terms as herein provided for and the
President of the Corporation shall be eligible for reelection.

Vacancies in the National Executive Board shall be filled by a majority vote of the remaining
members and a member thus elected shall serve only for the unexpired term.

‘The by-laws may prescribe the number of members of the National Executive Board necessary to
constitute a quorum of the board.

SECTION 12. Powers and Functions of the National Executive Board. - The National

Executive Board shall exercise the following powers and functions:

a. To make and to amend the by-laws subject to the ratification by a majority vote of
the members present at a meeting of the National Couneil or at a special meeting
called for this purpose;

b. To authorize and cause to be executed mortgages and liens upon the property of
the Corporation by a two-thirds (2/3) vote of the whole Board at meeting called
for this purpose;

c. To designate five (5) or more of their number to constitute an executive or
governing committee, of which a majority shall constitute a quorum, through a
resolution passed by a majority of the whole Board. Such Committee, to the
extent provided in said resolution or in the by-laws of the corporation, shall have
and exercise the powers of the National Executive Board in the management of
the business affairs of the Corporation, and may have the power to authorize the
seal of the corporation to be affixed to all papers which may require it;

d. To create standing and special committees and appoint the chairmen and members
thereof from among themselves by affirmative vote of a majority of the whole
Board. Such standing committees shall exercise such powers as may be
authorized by the by-laws:

e. To dispose in any manner a part or the whole property of the Corporation with the
consent in writing and pursuant to an affirmative vote of two-thirds (2/3) of the
members of the National Council; and,

f. To hold regular meetings at a time and place to be designated in the by-laws.
Special meetings of the Board may be called by the National President or upon

such notice as may be prescribed in the by-laws.

SECTION 13. National Council. ~ The National Council is the highest corporate policy making
body of Boy Scouts of the Philippines that shall manage the affairs and business of the
corporation. The National Council shall be composed of the following members:

a. The members of the National Executive Board;


b. The Regional Scout Commissioner who is a person duly appointed and

commissioned by the National Executive Board;

c¢. The Chairmen and Commissioners of all Local Councils; and,

d. Other duly accredited delegates of all local Scout Counci

as may be provided in

the by-laws.

The qualifications, terms of office, and the manner of electing the abovementioned
members of the National Council shall be prescribed in the by-laws of the corporation.
The numerical composition of the National Council shall provided for in the by-laws of The Boy
Scouts of the Philippines. Provided, that all regions and all local councils shall be duly
represented therein by a least two (2) duly accredited delegates in addition to those who are
members of the National Executive Board as provided for under Section 11 of this Act.

The National Council shall convene once every three (3) years in a convention assembled
for the purpose. Special meetings of the National Council may be called upon such notice as may
be prescribed in the by-laws. One-third (1/3) of the members of the National Council shall
constitute a quorum to do business during meetings.

The National Council and the National Executive Board shall have the power to hold their
meetings and keep the seal, books, documents, and papers of the corporation within or out of

Metropolitan Manila.

‘The National President of the corporation shall preside over the meetings of the National

Council.

Each local scout council represented in the annual or special meeting of the National
Council shall be entitled to four (4) votes plus one (1) vote for every ten thousand (10,000) of
their scout membership. The members of the National Executive Board and the life members
shall each be entitled to one (1) vote.

SECTION 14. Powers and Duties of the National Council. ~ The National Council shall

exercise the following powers and functions:

a. To hold a Triennial Council Meeting at a time and place to be designated in the
by-laws. The purpose of such meetings is to discuss the National concerns and
issues of each Local Scout Council for the proper governance of the Boy Scouts
of the Philippines:

b. To require the majority vote of the National Council before the cause of any lien,
encumbrance or disposition of any real property:

c. To propose the creation of any committee either governing or special to govern or

do any legal task that the Regional of Local Councils may require; and


d. All other powers necessary for the effective management of the affairs of the
Regional and Local Councils as long as they are not inconsistent with the
decisions and powers of the National Executive Board and the powers and duties
provided for in the by-laws.

SECTION 15. Exclusivity Clause. - The corporation created by this Act shall adopt and shall
have the sole and exclusive right to use distinctive titles, emblems, descriptive or designing
marks, words and phrases, badges, uniforms and insignia for the Boy Scouts of the Philippines in
carrying out its program in accordance with the purposes of this Act, and which shall be

published in the Official Gazette or in any newspaper of general circulation in the Philippines.

a, The BSP shall adopt distinctive emblems, badges, insignias, uniforms and other
‘equipment which shall be made available to and used only by registered Scouts or
officials who have satisfactorily complied with the international requirements and
which BSP shall use in carrying out its programs consistent with purpose of this
Act. The BSP shall cause the registration of said emblems, badges, insignias,
uniforms and other equipment in accordance with the provisions of Republic Act
No. 8293, otherwise known as the Intellectual Property Code of the Philippines,
‘as amended. The Intellectual Property Office (IPO) is hereby directed to cause
said registration free of charge.

b. The Securities and Exchange Commission, the IPO and the Department of Trade

and Industry shall refuse the registration of associations,

he registration of trade
names and the filling of trademarks, commercial marks and industrial models and
designs making use of the emblems, badges, insignias, uniforms and other
equipment of the Boy Scouts of the Philippines or their translation in any official

language and dialect in violation of this Act.

SECTION 16. Fiscal Incentives. ~ Any donation or contribution which from time to time may
be made to Boy Scouts of the Philippines by the Government or any of its subdivisions,
branches, offices, agencies or instrumentalities or by a foreign government or by private entities
and individuals shall be expended by the National Executive Board in pursuance of this Act. The
Corporation shall be entitled to the following tax and duty privileges

a. Exemption from income tax pursuant to Section 30 (e), (g) and (h) of the National
Internal Revenue code of 1997, as amended;

b. Tax and/or duty exemption of donations from foreign countries as provided under
relevant laws such as but not limited to Section 105 of the Tariff and Customs
Code of the Philippines, as amended, and Section 109 (q) of the National Internal

Revenue code of 1997, as amended:


¢. Exemption from all direct and indirect taxes, including value-added tax (VAT)
fees and other charges of all kinds on all income derived from its operations,
including the use, lease or sale of its real properties and the provision of services;

d. Exemption from the direct and indirect taxes, including VAT, duties, fees and
other charges on importations and purchases for its exclusive use; and

¢. Tax and/or duty exemption of donations from foreign countries as provided under
relevant laws such as, but not limited to, Section 105 of the Tariff and Customs
Code of the Philippines, as amended, and Section 109(K) of the National Internal
Revenue Code of 1997, as amended.

f. Exemption from payment of real property taxes on all real properties owned by it.

g. The BSP shall likewise be exempt from payment from all other taxes, duties,

imposts, and charges.

Likewise, all donations, legacies and gifts of the Boy Scouts of the Philippines to support
its purposes and objectives as embodied in this Act shall, subject to the limitations and
conditions under the National Internal Revenue Code of 1997, as amended, be exempt from the
donor’s tax and shall be deductible from the gross income of the donor for income tax purposes.
Such donations, legacies and gifts shall be expended by the National Executive Board in
pursuance of this Act.

SECTION 17. Penal Clause. - From and after the passage of this Act, it shall be unlawful for
any person within the jurisdiction of the Philippines to falsely and fraudulently wear the Boy
Scouts of the Philippines uniform, call himself as, or represent himself to be a member of, or an
agent for, the Boy Scouts of the Philippines. It shall be unlawful for any person to manufacture,
sell or distribute or cause to be manufactured, sold or distributed fraudulently or without the
official knowledge and written approval of the National Executive Board of the Boy Scouts of
the Philippines badges, uniforms, insignia, or Scouting paraphernalia or the photos or visuals of a
Scout or Scouts in uniform, or the logo, seal or corporate name of the Boy Scouts of the
Philippines, in any print ad, radio or television commercial, billboard, collateral material or any

form of advertisement, including the intemet; or to use the name of the Boy Scouts of the

Philippines in any illegal purpose or personal gain. Any violation of the provisions of this section

shall be punished by prision correccional in its maximum period to prision mayor in its medium
period and fine of not less than Two Hundred Thousand Pesos (Php200,000.00) nor more than
Five Hundred Thousand Pesos (Php500,000.00). Provided, that in case of corporations,
partnership, associations, societies or companies, the manager, administrator or the person in
charge or the management or administration of the business shall be criminally responsible for
any such violation.

This shall be without prejudice to the applicable penalties for violations of the intellectual
property rights of the BSP under the Intellectual Code of the Philippines, as amended.


SECTION 18. Transitory Clause - Until such time as the organization and restructuring of the
Boy Scouts of the Philippines in accordance with this Act is affected, the incumbent officers and
members of the National Executive Board of the Boy Scouts of the Philippines shall conduct the
affairs of Boy Scouts of the Philippines and take the necessary steps to effect with this Act is
affected, the incumbent officers and members of the National Executive Board of the Boy Scouts
of the Philippines shall conduct the affairs of the Boy Scouts of the Philippines and take the
necessary steps to effect such reorganization until a new National Executive Board and a new set

of national officers shall have been elected within six (6) months from the effectively of this Act.

SECTION 19. Repealing/Amending Clause. - Commonwealth Act No. 111, Presidential Decree
No. 460, Republic Act No. 7278, and Executive Order 509 (series of 1992) are hereby repealed
and/or amended accordingly. All other laws, orders and proclamations, rules and regulations or
parts thereof, inconsistent with or contrary to the provisions of this Act or its purposes are hereby

amended or modified accordingly.
SECTION 20. Separability Clause. - If for any reason, any provision of this Act or the
application thereof to any person or circumstances, is held invalid, the remaining provision not

affected thereby shall be in full force and effect.

SECTION 21. Effectivity Clause. - This act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least (2) newspaper of general circulation.

Approved,