HULSE OF REPRE
RECEIVED

Republic of the Philippines DATE 5
HOUSE OF REPRESENTATIVES
Quezon City Une

RY:

SEVENTEENTH CONGRESS,

First Regular Session REEISTRATON UNIT

992 BILLS ANU INDEX SERVICE
HOUSE BILL NOZ232 L—

Introduced by HONORABLE STRIKE B. REVILLA

EXPLANATORY NOTE

Scouting, or the skill of scouteraft, 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 civie 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 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 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 conerete 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 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 eamestly sought.

REP. S } [KE B. REVILLA

2"4 District of Cavite



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. £232

Introduced by HONORABLE STRIKE B. REVILLA

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 the 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 2016”.

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. 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 4. Boy Scouts of the Philippines. - 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 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 by gift, devise and donation, contribution
or other means;

4) To adapt a seal and to alter and destroy the same at pleasure:

©) 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,

£) 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 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, concemed, 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 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.

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

SECTION 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.

SECTION 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 unless they are duly elected


as members thereof in accordance with the provisions of this Act and of the Corporation’s by-

laws.

SECTION 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;

©) 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,

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;

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 V:

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

©) 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 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 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 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;

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,

£ 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 13. 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:

‘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 provide 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 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 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. 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 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 refuuse 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 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 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 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 18. 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 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
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 amended 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 provision 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) newspaper of general circulation.

Approved,