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Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

17" CONGRESS REOISTR \TION UNIT

First Regular Session BILLS aNd inh X SERVICE

i
HOUSE BILL NO. 3212

Introduced by REP. SCUDERO

EXPLANATORY NOTE

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

The 1987 Constitution encourages educating the youth towards civic
consciousness and moral values so that they may be productive and patriotic
members of society. (Section 13, Article II) 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 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 refined so that our Scouts may have a
formal and organized corporation that is more attuned to the times and adapted to
growing challenges they will face

Since the 8 congress, there have been attempts to formulate an organized
law, but this bill seeks to establish a more concrete organization in order for the Boy
Scouts of the Philippines #9 be more developed to achieve its goals in the guidance
and moral, civic 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.

EVELINA G. ESCUDERO,



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17" CONGR
First Regular Si

HOUSE BILL NO.

Introduced by REP. EVELINA G. ESCUDERO

AN ACT
BOY SCOUTS OF PHILIPPINES CHARTER, DEFININ
IONS, REPEALING FOR THE PURPOSE,
COMMONWEALTH ACT NO. 111, AS AMMENDED

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

SECTION 1, Short Title. ~ This Act shall be known as the “Boy Scouts of the
Philippines Charter

SEC. 2. Declaration of Policy. ~ Recognizing the vital role of young people 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.

S|

. 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 the 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 citizenshi

(c) To inculeate in the young people and/or the Filipino youth patriotism,
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.

. 4, Boy Scouts of the Philippines. ~ The Boy Scouts of the Philippines (BSP)
hereina ved to shall have its principal office in Metropolitan Manila. They may
fablish such other offices, agencies or branches anywhere in the Philippines
ions would require and its National Executive Board will determine

SEC. 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
contribution or other mean:

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

(e) To have offices and conduct its business and affairs in the Metropolitan Manila
area and in the province, cities, municipalities and barangays in the Philippines:
and,

(1) 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 provision of this Act and
promote the purpose of said organization.

by gifi, devise and donation,

SEC. 6. Vision and Mission. - Vi
Philippines

sion and Mission of the Boy Scouts of the

Vision

We are the leading provider of progressive outdoor-based non-formal education
committed to develop morally straight, disciplined, concerned, 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

SEC. 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,

SEC. 8. Chief Scout. — The President of the Republic of the Philippines shall be the
Chief Scout of the Boy Scouts of the Philippines,

SEC. 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.

SEC. 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 un! they are duly elected
as members thereof in accordance with the provisions of this Act and of the Corporation's
by-laws.

SEC. LL. National Executive Board. ~ The governing body of the said corporation
shall consist of a National Executive Board, the members of which shalll 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:
(c) 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;

(8) 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) President
(b) Senior Vice-President;

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

(e) Such other officers as the Board may deem necess

‘The numerical composition of the National Executive Board shall also be provided for
in the Bylaws 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 term 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 bylaws may prescribe the number of the National Executive Board necessary to
constitute a quorum of the board.

SEC. 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 bylaws subject to the ratification by a majority vote of
the members present at a meeting of the National Council 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 bylaws 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 bylaws:

(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 o the National Council; and,

(A) To hold regular meetings at a time and place to be designated in the bylaws.
Special meetings of the Board may be called by the National President or upon
such notice as may be prescribed in the bylaws.

SEC. 13, National Council, ~ The National Council is the highest corporate policy
making body of the 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; 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 councils as may be provided in
the bylaws.

“The qualifications, terms of office, and the manner of electing the abovementioned.
members of the National Council shall be prescribed in the bylaws of the corporation.

“The numerical composition of the National Council shall provided for in the bylaws
of the Boy Scouts of the Philippines. Provided, that all regions and all local councils shall be
duly represented therein by at least two (2) duly accredited delegates in addition to those who
are members of the National Executive Board as provider 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 bylaws, 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.



SEC. 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
bylaws. 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 Philippin

(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 managements 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.

SEC. 15. Exclusivity Clause. — The corporation created by this Act shall adopt and
shall have the sole and exclusive rights 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 the 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 the 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, the registration of trade
names and the filling of trademarks, commercial marks and industrial models and
designs making use of 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.

SEC. 16. Fiscal Incentives. ~ Any donations or contribution which from time to time
may be made to the 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 trom 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;

(c) Exemption from all direct and indirect taxes, including value-added tax (VAT)
fees and other charges of all kinds on all inome derived from its operations,
including the use, lease or sale of its real properties and the provisions of
services:

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

ax andor 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 Intemal Revenue Code of 1997, as Amended.

(£) Exemption trom 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 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

SEC. 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
internet; 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 prison
correctional in its maximum period to prison mayor in its minimum period and fine of not
less than Two Hundred Thousand Pesos (Php200,000) nor more than Five Hundred Thousand
Pesos (Php500,000). Provided, that in case of corporations, partnerships, associations,
societies or companies. the manager, administrator or the person in charge ot 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

SEC. 18. Transitory Change. — 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.

SEC. 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
amended. 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

SEC. 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.

SEC. 21. Effectivity Clause. This Act shall effect fifteen (15) days after its publication
in the Official Gazarte or in at least (2) newspapers of general circulation.

Approved,