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

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No,_ 7228

Introduced by Representative Evelina Escudero

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 civic consciousness to environment protection and civic responsibility, the aim of
this bill isto 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 8th 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 to 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 ESCUDERO


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

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No.__7.22

Introduced by Representative Evelina Escudero

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

SEC. 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 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 citizenship;

(c) To inculcate in the young people and/or the Filipino youth patriotism,
civic consciousness and responsibility, environmental _ protection
awareness and activities, courage, sell' reliance, selflessness, discipline


and kindred virtues, as _ well as moral and spiritual values, using the method
which are in common use by Scouts.

SEC. 4. Boy Scouts of the Philippines. — The Boy Scouts of the Philippines (RSP)
hereinafter referred to 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 will determine:

SEC. 5. Corporate Powers. — As a juridical entity. the BS P shall have perpetual
succession and shall enjoy the following corporate powers:

(a) To sue and be sued;

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

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

(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,

(£) 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.

’. 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, concerned, self-reliant citizens in
the best tradition of world Scouting.

Mission

To inculcate in our Scouts the 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.

', 8 Chief Scout. — The President or 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 arc 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.

SEC. 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;
(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;

(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) President;

(b) Senior Vice-President;

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

(e) Such other officers as the Board may deem necessary.

‘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 above-mentioned 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 he 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 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 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 above-mentioned
members or the National Council shall be prescribed in the bylaws of the corporation.

The numerical composition of the National Council shall be 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 arc 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 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 shalll 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 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) Alll 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 he 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 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) and (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 income 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 use; and,

(e) 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 limitations
and conditions under the National Internal Revenue Code of 1997, as amended, be
exempt from the donor's tax and shall he 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 or 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 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.

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 Gazette or in at least (2) newspapers of general circulation

Approved,