FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
Third Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House BillNo. 6498
EXPLANATORY NOTE

Scouting, or the skill of scoutcraft, 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 civic consciousness to environment protection and
civic responsibility, this bill aims to reorganize the Boy Scouts of the
Philippines in order to better serve its purpose

The 1987 Constitution encourages rearing our children and youth
towards civic consciousness and moral values so that they may be productive
and patriotic members of society. (Section 13, Article Il) 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, civic and social development of
our children and youth in this rapidly changing world.

In view of the foregoing, immediate passage of this bill is earnestly
sought

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OH, Dy
MAXIMO BY RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
Third Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 6408

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 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 2012”.

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. Recognition of the Boy Scouts of the Philippines.” Pursuant to
the ideals of the World Organization of Scouting Movement (WOSM), the "Boy
Scouts of the Philippines", hereinafter referred to as the "BSP", is hereby
recognized and known as the body corporate as originally and duly created by
virtue of Commonwealth Act No. 111. The principal office of the BSP shall be
located in Metropolitan Manila, Philippines.

SECTION 4. 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 5. Boy Scouts of the Philippines. - The Boy Scouts of the
Philippines (BSP) 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 would determine.

SECTION 6. 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;

(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 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 7. 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, 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 8. 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 9. Chief Scout. - The President of the Republic of the Philippines
shall be the Chief Scout of Boy Scouts of the Philippines.

SECTION 10. 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 11. 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 12. National Executive Board. - The governing body of the said
corporation shall consist of not more than 33 members of the 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 National President of the Girl Scouts of the Philippines;

(b) 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;

(©) 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;

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

(e) _ 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 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 which will serve as the
Executive Committee.

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 bylaws may prescribe the number of members of the National
Executive Board necessary to constitute a quorum of the board

SECTION 13. 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.

SECTION 14. 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: 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 alll 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 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,

SECTION 15. 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 concems 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 16, 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, 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 17. 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;

(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 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,

(e) 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 18. 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 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 19. 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 20. 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.

SECTION 21. 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 22. 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,