HOUSE OF REPRESENTATIVES 7 LAT

Quezon City

, Republic of the Philippines (

EIGHTEENTH CONGRESS
First Regular Session

House BILL no. _!025

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.,

EXPLANATORY NOTE

The Boy Scout Movement was started by Robert Baden-Powell, the chief
scout of the world in England on the year 1908. America adopted the scouting by
year 1909 and brought it to the Philippines as early as 1912. From the first Filipino
troop with 26 boys formed on November 15, The Boy Scouts of the Philippines
(BSP) was formally inaugurated only until January 1, 1938.

Even a century later, BSP is still recognized to be the most influential, largest,
and the fastest-growing youth organization in the Philippines. As of January 2020,
there are 2,804,227 registered members and adult leaders with 2% monthly growth
rate or roughly around 47,000 new scouts per month. The growth of the Scouting
movement in the Philippines continued from Commonwealth Act No. 111 until
subsequent amendments under Presidential Decree No. 460 and Republic Act No.
7278 carrying its mission to inculcate in Scouts the love of God, country, and
fellowmen; to prepare the youth for responsible leadership; and to contribute to
nation-building according to the ideals, principles and programs for Scouting.

According to the Department of Education (DepEd), the scouting program of
the BSP is an effective program in the leadership and value-formation of every child.
Their goals and objectives are consistent with the DepEd’s mission to develop boys
and young men into well-rounded individuals having characters worthy of becoming
this country’s new breed of responsible and dedicated leaders. The BSP indeed has
been true to its Scouts Oath and Law.

The BSP's significant role on youth development aids the school system to
mold pupils and students into responsible citizens of the country. It has an exemplary
contribution not only in achieving quality education but also in providing co-curricular
program that prevents the youth in involving themselves to drugs and other vices. As
such, membership and participation in Boy Scouting and its programs, projects and
activities should be encouraged and supported by the schools.

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With all its insurmountable impact in the society, President Rodrigo Duterte as
the Chief Scout, endorses the inclusion of the Scouting Program in the school
curriculum and making Scouting membership mandatory in all schools.

The proposed bill echoes the ideas of the BSP and its objective to redefine
powers, duties and functions of the BSP as an independent, voluntary, autonomous,
non-government organization auxiliary to the Republic of the Philippines parallel to
the newly enacted Charter of the Philippine Red Cross under Republic Act
10072.The inclusions in this proposed measures are consistent with the provisions of
the Constitution of the World Organization of the Scout Movement (WOSM), where
the BSP maintains membership since 1946.The proposed Charter will also pave the
way for the installation of a more concrete institution for youth development, making
BSP more attuned to the changing calls of the time and to the growing challenges
that our youth are facing everyday.

In view of the foregoing, the immediate approval of this measure is earnestly
sought.

LUIS RA) NI RAY” F. VILLAFUERTE JR.,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 7025

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.,

AN ACT RECOGNIZING THE BOY SCOUTS OF THE PHILIPPINES AS AN
INDEPENDENT, VOLUNTARY, AUTONOMOUS, NON-GOVERNMENTAL
ORGANIZATION, INSTITUTING ITS NEW CHARTER, DEFINING ITS
OBJECTIVES, POWERS AND FUNCTIONS, REPEALING FOR THE
PURPOSE, COMMONWEALTH ACT NO. 111, AS AMENDED

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 of 2018."

SECTION 2. Declaration of State Policies. — Recognizing the vital role of the
youth 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.

It shall act in conformity with the Universal Declaration on Human Rights, the
UN Convention on the Rights of the Child, and other international laws,
protocols and statutes relating to the youth and gender-equality, as well as the
pertinent provisions of the Charter of the World Organization of the Scout
Movement (WOSM), an internationally recognized organization of young people,
and shall establish and promote the development of a duly recognized
independent, voluntary, and autonomous non-governmental organization for the
young people.


The State shall, at all times, respect the independence, autonomy, neutrality,
voluntary and non-government nature of the organization.

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 young people and/or the Filipino youth in the attitudes,
skills and habits of responsive citizenship;

c) To inculcate in the young people and/or the Filipino youth
patriotism, civicconsciousness 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

uts.

SECTION 4. The Boy Scouts of the Philippines (BSP). — The Boy Scouts of
the Philippines is an independent, voluntary, non-stock, non-sectarian, non-
political, autonomous, non-governmental organization which shall willingly co-
operate with other persons, natural and juridical, public and private, whose
ideals and procedures are in accord with those conferred or authorized by this
Act.

It shall maintain membership with the World Organization of the Scout
Movement (WOSM).

SECTION 5. Principal Offce. — 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 6. Powers. — As a juridical entity, the BSP shall have perpetual
succession and shall have the following 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 or other means, to do business in
whatever form and to conduct fund-raising activities;

c) To receive funds, real and personal properties by gift, devise and
donation, contribution or other means and accept bequests of all classes;

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



f) Manila area and in the provinces, cities, municipalities and barangays in
the Philippines;

g) Enter into agreements with public authorities, intemational and local
organizations, private corporations and non-government organizations, as
well as other entities and accept provisions for the cost of any service or
activity which may be entrusted to it or which it may render, within the
scope of its object and functions, pursuant to such agreements;

i. To make and adopt its own By-laws, rules and regulations
consistent with the provisions of this Act and the laws of the
Philippines and generally do such acts and things, including
the establishment of regulations for the election of its
successors, as may be necessary to carry into effect the
provisions of this Act and to promote the purposes of the said
‘organization: Provided, that the said organization shall have no
power to issue certificates of stock or to declare or pay
dividends, its objectives and purposes being solely of
benevolent character and not for the pecuniary profit of its
members; and,

|. Generally, to exercise all the powers of a corporation and do all

such acts and things as may be necessary to carry into effect
the provisions of this Act and promote the purposes of said
organization.

SECTION 7. Chief Scout. — The President of the Republic of the Philippines
shall be the Chief Scout of the Boy Scouts of the Philippines.

SECTION 8. 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 9. Authority of the Chief Scout and Vice Chief Scout. — The Chief
Scout and Vice Chief Scout are honorary members of the BSP 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 its
By-laws.

SECTION 10. National Executive Board. — The governing body of the BSP
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) Secretary of the Department of Education;
b) Secretary of the Department of the Interior and Incal Government,
¢) National President of the Girl Scouts of the Philippines;


d) Regular Chairmen of the geographical regions 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 13-26
known as the Scout Youth Forum in their respective geographical
areas;

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

g) Fifteen (15) additional members from the private sector; and

h) The immediate past president of the Board as ex-officio member.

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

a) President;

b) Senior Vice President;

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

d) Treasurer

) Chief National Commissioner;

£) Intemational Commissioner; and

g) Such other officers as the Board may deem necessary.

The numerical composition as well as the qualifications and manner of electing
the abovementioned members of the National Executive Board shall also be
provided for in the By-Laws.

The term of office of the members of the Board shall be one (1) year, except for
the regular members elected by the National Council whose terms shall be three
(3) years. However, all incumbent elective officers of the BSP whose terms have
not yet expired at the effectivity of this Act shall be allowed to serve the
unexpired portion of their terms as herein provided for and the President 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.


Owing to the voluntary nature of their services and involvement in the
organization, the officers and members of the National Executive Board shall
‘serve without any kind of compensation, allowances or emoluments.

SECTION 11. 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 Council or at special meeting called for this purpose;

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

¢) To designate five (5) or more of their members 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 shall have, and exercise, the
powers of the National Executive Board in the management of
the business affairs of the BSP, and may have the power to
authorize the seal of the BSP 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 an
affirmative vote of a majority of the whole Board. Such standing
committees shall exercise such powers as may be authorized
by the By-Laws;

€) To dispose of, in any manner, a part or the whole property of
the BSP 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 ByLaws. Special meetings of the Board may be called by
the National President or upon such notice as may be
prescribed in the By-Laws;

g) Appoint and/or remove its officers in accordance with the By-

SECTION 12. The President. — The President, as voted by the National
Executive Board, shall have the following powers and functions:

a) Exercise general supervision and authority over the regular course
of business, affairs, and property of the BSP, and over its
employees and officers;

b) Ensure that all orders and resolutions of the Board are carried into
effect;


c) Submit to the Board as soon as possible, after the close of each
fiscal year, at the annual meeting, if applicable, a complete report
Of the operations of the BSP for the preceding year, and the state
of its affairs;
d) Report to the Board from time to time all matters which the interest
of the BSP may require to be brought to its notice; and
¢) Perform such other duties and responsibilities as the Board may
require.
SECTION 13. National Council. — The National Council is the highest
corporate policy-making body of the Boy Scouts of the Philippines that shall
manage its affairs and business. The National Council shall be composed of the
following members:

a) The members of the National Executive Board;

b) The Regional Scout Commissioner;

c) The Regional Scout Commissioner,

d) Aperson duly appointed and commissioned by the National Executive

e) The Chairmen and Commissioners of all Local Councils; and,

f) Other duly accredited delegates of all Local Councils 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.

The numerical composition of the National Council shall be provided for in the
ByLaws. 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 provided for under
Section 11 of this Act.

The National Council shall convene annually 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
BSP within or outside Metropolitan Manila.

The National President shall preside over the meetings of the National Council.
Each local 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 an Annual National Council Meeting at a time and
place to be designated in the By-Laws. The purpose of such
meetings is to discuss the national concems and issues of
each Local Council for the proper governance of the Boy
‘Scouts of the Philippines;

'b) To approve and/or ordain any amendments to the national By-
Laws;

¢) To require the majority vote of the National Council before the
cause of any lien, encumbrance or disposition of any real
property;

) To propose the creation of any committee either governing or
special to govern or do any legal task that the Regional or
Local Councils may require; and,

€) 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 Boy Scouts of the Philippines shall
adopt and shall have the sole and exclusive right to use its own distinctive titles,
emblems, descriptive or designing marks, words and phrases, badges, uniforms
and insignia 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 offcials who have
satisfactorily complied with the intemational requirements and
which BSP shall use in carrying out its program 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 pf
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 (SEC), the
Intellectual Property Office (IPO) and the Department of Trade


and Industry (DTI) 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 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 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
BSP 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 Intemal 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;

c) Exemption from all direct and indirect taxes, including value-
added tax (VAT), capital gains tax, income tax, fees and other
charges of all kinds on all income derived from its operations,
scout shops, and other economic enterprise, 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 use;

) 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 intemal
Revenue Code of 1997, as amended;

) Exemption from payment of any tax or duty for any donation or
contribution which from time to time may be made to the Boy
‘Scouts of the Philippines by the national or local goverment or
any of its subdivisions, branches, offices, agencies or
instrumentalities or by foreign govemments or international
scout organizations, foundations, private corporations or entities
and individuals which shall be used by the organization in
accordance with the provisions of this Act;

g) Exemption from payment of real property taxes on all real
properties owned by it; and,

h) The BSP shall like wise be exempt from payment from all other
taxes, duties, imposts, and charges.


Likewise, all donations, legacies and gifts made to the Boy Scout of the
Philippines to support its purposes and objectives shall be exempt from the
donor's tax and shall be deductible from the gross income of the donor for
income tax purposes or from the computation of the donor-decedent's net estate
as a transfer for public use for estate tax purposes.

SECTION 17. Prohibited Acts. — From and after the passage of this Act, it
shall be unlawful for any person within the jurisdiction of the Philippines:

a) 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;

b) 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, motto, slogan, Scout Oath
and law, neckerchief, badge, emblem, 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 on any clothing
material, polo, polo shirt, jackets and the likes, pen, ball pen,
pencils, book, notebook or any writing material and other
similar items goods and clothing;

©) to use the name of the Boy Scouts of the Philippines in any
illegal purpose or personal or economic gain.

Any violation of the provisions of this Act shall be punished by prision
correccional in its maximum period to prision mayor in its medium period and
fine of not less than Five Hundred Thousand Pesos (Php 500,000.00) nor more
than One Million (Php 1,000,000.00). Provided, that in case of corporations,
partnerships, associations, societies or companies, the manager, administrator
or the person in charge of 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, as well as other applicable laws.

SECTION 18. Transitory Clause. — Until such time that the organization and
restructuring of the Boy Scouts of the Philippines in accordance with this Act is
effected, 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 set of national officers shall have been elected within six (6) months from
the effectivity of this Act.

SECTION 19. Repealing 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 repealed 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 provisions 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) newspapers of
general circulation.

Approved.