SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES ) t D*
First Regular Session ) iT2MAR 2014 %\

HOUSE OF REPRESENTATIVES

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

House Bill No. 4163

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 I) 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.

Altempts 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.

Ly

MAXIMO B.’ Re Sicas JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

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

House Bil No. 44163

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 2014",

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;

(c) To inculcate in the young people and/or the Filipino youth patriotism, civic
consciousness and Tesponsibilty, 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;

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

(d) —_Toadapt a seal and to alter and destroy the same at pleasure;

(ce) Tohave 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 camy 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
whlch hall be Flipine ctizens of good mol character The Board shall be composed of the
following:

(@) 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;

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

(©) __ Five (6) 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

(@) President;

(b) Senior Vice-President;

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

(@) Treasurer; and,

(©) 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 tems 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 shalll 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:

(@)  Tomake 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 @ special
meeting called for this purpose;

(&) 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;

(©) 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;

(@) 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 (2/8) of
the members of the National Council; and,

(f) To hold regular meetings at a time and piace 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 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 couneil represented in the annual or special meeting of the National
Couneil 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:

(@) 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;

(©) 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 goveming or special to
govern or do any legal task that the Regional of Local Couneils may require;
and,

(@) — Allother 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.
(@) 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 filing 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 Govemment or any of its subdivisions,
branches, offices, agencies or instrumentalities or by a foreign govemment 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), (9) and (h) of the
National internal Revenue code of 1997, as Amended;

(&) 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;

() 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.

() Exemption from payment of real property taxes on all real properties owned
byit

(@) 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 Intemial 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,
colateral 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,