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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNO.__ 3151

Introduced by HON. EDGAR M. CHATTO
First District, Bohol

EXPLANATORY NOTE

“On my honor Iwill my best: To do my duty to God and my country
and To obey the Scout Law; To help other people at all times;

To keep myself physically strong, mentally awake, and morally straight”.
- The Scout Oath

The Boy Scout Movement, started by the Chief Scout of the World Robert Baden-
Powell, began in England in 1908. America followed suit in 1909 and brought scouting to
the Philippines as early as 1912 with the first Filipino troop consisting of 26 boys formed on
November 15, 1914. But it was not until January 01, 1938 that the inauguration of the Boy
Scouts of the Philippines (BSP) was formally held in Manila.

More than a century later, BSP has grown to become the largest, oldest and the
fastest-growing youth organization in the country. It remains strong with 2,674,995 boy
scouts, including adult leaders, as of June 2017, and with 2% monthly growth rate or
roughly around 47,000 new scouts per month.

‘And several years after Commonwealth Act. No. 111, with its subsequent
amendments under Presidential Decree No. 460 and Republic Act No. 7278, the BSP
continues to strive in pursuing its mission — to inculcate in our Scouts 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 of Scouting.

‘The Department of Education (DepEd) recognizes that, “scouting with the Boy
Scouts of the Philippines is an effective program in the leadership and value formation of
every child. The main objective of this program is consistent with the Department of
Education's mission to develop boys and young men into well-rounded individuals with
exemplary character worth the emulation of schoolchildren. The BSP has, so far,
consistently produced leaders and models who are true adherents to the Scout Oath and
Law.

With its impressive track record on youth development, the Department of
Education recognizes the significant role of the Boy Scouts of the Philippines in aiding the
school system mold pupils and students into responsible and responsive citizens of the
country and in contributing to efforts to achieve quality education. As a co-curricular
program, Scouting helps stem away vices and bad influence of drugs and peers. As such,
membership and participation in Boy Scouting and its programs, projects and activities
should be highly encouraged and supported in the schools.”


No less than the Chief Scout, President Rodrigo R. Duterte, endorses the inclusion of
the Scouting program in the school curriculum and making Scouting membership
mandatory in all schools.

The instant proposed measure reflects the inputs of the BSP and aims to redefine the
powers, duties and functions of the BSP as an independent, voluntary, autonomous, non-
government organization auxiliary to the Republic of the Philippines similar to the newly
enacted Charter of the Philippine Red Cross under Republic Act No. 10072. This is also
consistent with the provisions of the Constitution of the World Organization of the Scout
Movement (WOSM), where BSP maintains membership since 1946. The proposed Charter

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.

For the above considerations, the immediate passage of this bill is earnestly sought.

HON. EDGAR M. CHATTO


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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. aio

Introduced by HON. EDGAR M. CHATTO
First District, Bohol

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 id the Senate and House of Representative of the Philippines in
Congress assembl.

SECTION 1. Short Title. — This Act shall be known as the “Boy Scouts of the
Philippines Charter of 2019.”

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

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;

©) 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. 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 Office. — 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;

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

f) Enter into agreements with public authorities, international 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;

g) 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,

h) 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.

0

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 Local Government;

c) 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;

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:

D

a) President;

b) Senior Vice President;

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

¢) Chief National Commissioner;

f) International 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;

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;

c) 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;

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 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;

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

Dd)

d

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;

) 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

e) 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;


©) A person duly appointed and commissioned by the National Executive
aca

4) The Chairmen and Commissioners of all Local Councils; and,
e) 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 By-
Laws. 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 concerns 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;

c) 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.

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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 officials who have satisfactorily complied with the
international 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 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), 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;

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

(® of the National Internal Revenue Code of 1997, as amended;

f) 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 government or any of its
subdivisions, branches, offices, agencies or instrumentalities or by foreign
governments 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,

qd

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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 hi 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.