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PRESIDENTIAL DECREE NO. 1264
PRESIDENTIAL DECREE NO. 1264 -
AMENDING REPUBLIC ACT NO. 95 (AS AMENDED BY REPUBLIC ACTS NO. 855 and
6373) AN ACT TO INCORPORATE THE PHILIPPINE NATIONAL RED CROSS
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WHEREAS,
during the meeting in Geneva, Switzerland, on 22 August 1894, the
nations of the world unanimously agreed to diminish within their power
the evils inherent in war; chanroblesvirtualawlibrary
WHEREAS, more than one hundred forty nations of the world have ratified
or adhered to the Geneva Conventions of August 12, 1949 for the
Amelioration of the Condition of the Wounded and Sick of Armed Forces
in the Field and at Sea, The Prisoners of War, and The Civilian
Population in Time of War referred to in this Charter as the Geneva
Conventions;chanroblesvirtualawlibrary
WHEREAS, the Republic of the Philippines became an independent nation
on July 4, 1946, and proclaimed on February 14, 1947 its adherence to
the Geneva Conventions of 1929, and by the action, indicated its desire
to participate with the nations of the world in mitigating the
suffering caused by war and to establish in the Philippines a voluntary
organization for that purpose as contemplated by the Geneva Conventions;chanroblesvirtualawlibrary
WHEREAS, there existed in the Philippines since 1917 a chapter of the
American National Red Cross which was terminated in view of the
independence of the Philippines; and
WHEREAS, the volunteer organizations established in other countries
which have ratified or adhered to the Geneva Conventions assist in
promoting the health and welfare of their people in peace and in war,
and through their mutual assistance and cooperation directly and
through their international organizations promote better understanding
and sympathy among the people of the world.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines and
pursuant to Proclamation No. 1081 dated September 21, 1972, and General
Order No. 1 dated September 22, 1972, do hereby decree and order that
Republic Act No. 95, Charter of the Philippine National Red Cross
(PNRC) as amended by Republic Acts No. 855 and 6373, be further amended
as follows:cralaw:red
Section 1. There is hereby created in the Republic of
the Philippines a body corporate and politic to be the voluntary
organization officially designated to assist the Republic of the
Philippines in discharging the obligations set forth in the Geneva
Conventions and to perform such other duties as are inherent upon a
national Red Cross Society. The national headquarters of this
Corporation shall be located in Metropolitan Manila. chanroblesvirtualawlibrary
Section 2. The name of this corporation shall be "The
Philippine National Red Cross" and by that name shall have perpetual
succession with the power to sue and be sued; to own and hold such real
and personal estate as shall be deemed advisable and to accept
bequests, donations and contributions of property of all classes for
the purpose of this Corporation hereinafter set forth; to adopt a seal
and to alter and destroy the same at pleasure; and to have the right to
adopt and to use, in carrying out its purposes hereinafter designated,
as an emblem and badge, a red Greek cross on a white ground, the same
as has been described in the Geneva Conventions, and adopted by the
several nations ratifying or adhering thereto; to ordain and establish
by-laws and regulations not inconsistent with the laws of the Republic
of the Philippines, and generally to 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; and the corporation hereby
created is designated as the organization which is authorized to act in
matters of relief under said Convention. In accordance with the Geneva
Conventions, the issuance of the distinctive Red Cross emblem to
medical units and establishments, personnel and materials neutralized
in time of war shall be left to the military authorities. The red Greek
cross on a white ground, as has been described by the Geneva
Conventions is not, and shall not be construed as a religious symbol,
and shall have equal efficacy and applicability to persons of all
faiths, creeds and beliefs. The operational jurisdiction of the
Philippine National Red Cross shall be over the entire territory of the
Philippines.
Section 3. That the purposes of this Corporation
shall be as follows:cralaw:red
a. To provide volunteerd to the sick and wounded of
armed forces in time of war, in accordance with the spirit of and under
the conditions prescribed by the Geneva Conventions to which the
Republic of the Philippines proclaimed its adherence; chanroblesvirtualawlibrary
b. For the purposes mentioned in the preceding
sub-section, to perform all duties devolving upon the Corporation as a
result of the adherence of the Republic of the Philippines to the said
Convention;chanroblesvirtualawlibrary
c. To act in matters of voluntary relief and in
accordance with the authorities of the armed forces as a medium of
communication between people of the Republic of the Philippines and
their Armed Forces, in time of peace and in time of war, and to act in
such matters between similar national societies of other governments
and the Governments and people and the Armed Forces of the Republic of
the Philippines;chanroblesvirtualawlibrary
d. To establish and maintain a system of national and
international relief in time of peace and in time of war and apply the
same in meeting and emergency needs caused by typhoons, flood, fires,
earthquakes, and other natural disasters and to devise and carry on
measures for minimizing the suffering caused by such disasters;chanroblesvirtualawlibrary
e. To devise and promote such other services in time
of peace and in time of war as may be found desirable in improving the
health, safety and welfare of the Filipino people;chanroblesvirtualawlibrary
f. To devise such means as to make every citizen
and/or resident of the Philippines a member of the Red Cross.
Section 4. In furtherance of the purposes mentioned
in the preceding sub-paragraphs, the Philippine National Red Cross
shall:cralaw:red
a. Be authorized to secure loans from any financial
institution which shall not exceed its budget of the previous year.
b. Be exempt from payment of all duties, taxes, fees,
and other charges of all kinds on all importations and purchases for
its exclusive use, on donations for its disaster relief work and other
Red Cross services, and in its benefits and fund raising drives all
provisions of law to the contrary notwithstanding.
c. Be allotted by the Philippine Charity Sweepstakes
Office one lottery draw yearly for the support of its disaster relief
operations in addition to its existing lottery draws for the Blood
Program.
Section 5. Membership in the Philippine National Red
Cross shall be open to entire population in the Philippines regardless
of citizenship. Any contribution to the Philippine National Red Cross
Annual Fund Campaign shall entitle the contributor to membership for
one year and said contribution shall be deductible in full for taxation
purposes.
Section 6. The governing powers and authority shall
be vested in a Board of Governors composed of thirty members, six of
whom shall be appointed by the President of the Philippines, eighteen
shall be elected by chapter delegates in biennial conventions and the
remaining six shall be elected by the twenty-four members of the Board
already chosen. At least one but not more than three of the
Presidential appointees shall be chosen from the Armed Forces of the
Philippines.
a. The term of office of all members of the board of
Governors shall be four years. Any member of the Board of Governor who
has served two consecutive full terms of four years each shall be
ineligible for membership on the Board for at least two years; any term
served to cover unexpired terms of office of any governor will not be
considered in this prohibition in serving two consecutive full terms,
and provided, however, that terms served for more than two years shall
be considered a full term.
b. Vacancies in the Board of Governors caused by
death or resignation shall be filled by election by the Board of
Governors at its next meeting, except that vacancies among the
Presidential appointees shall be filled by the President.
Section 7. The President of the Philippines shall be
the Honorary President of the Philippine National Red Cross. The
officers shall consist of a Chairman, a Vice-Chairman, a Secretary, a
Treasurer, a Counselor, an Assistant Secretary and an Assistant
Treasurer, all of whom shall be elected by the Board of Governors from
among its membership for a term of two years and may be re-elected. The
election of officers shall take place within sixty days after all the
members of the Board of Governors have been chosen and have qualified.
Section 8. The Biennial meeting of chapter delegates
shall be held on such date and such place as may be specified by the
Board of Governors to elect members of the Board of Governors and
advice the Board of Governors on the activities of the Philippine
National Red Cross; Provided, however that during periods of great
emergency, the Board of Governors in its discretion may determine that
the best interest of the corporation shall be served by postponing such
biennial meeting.
Section 9. The power to ordain, adopt and amend
by-laws and regulations shall be vested in the Board of Governors.
Section 10. The members of the Board of Governors, as
well as the officers of the corporation, shall serve without
compensation. The compensation of the paid staff of the corporation
shall be determined by the Board of Governors upon the recommendation
of the Secretary General.
Section 11. As a national voluntary organization, the
Philippine National Red Cross shall be financed primarily by
contributions obtained through solicitation campaigns throughout the
year which shall be organized by the Board of Governors and conducted
by the Chapters in their respective jurisdictions. These fund raising
campaigns shall be conducted independently of other fund drives and
service needs.
Section 12. The Board of Governors shall promulgate
rules and regulations for the organization of local units of the
Philippine National Red Cross to be known as Chapters. Said rules and
regulations shall fix the relationship of the Chapters to the
Corporation, define their territorial jurisdictions, and determine the
number of delegates for each chapter based on population, fund campaign
potentials and service needs.
Section 13. The Corporation shall, at the end of
every calendar year submit to the President of the Philippines an
annual report containing the activities of the Corporation showing its
financial condition, the receipts and disbursements.
Section 14. It shall be unlawful for any person to
solicit, collect or receive money, materials, or property of any kind
by falsely representing or pretending himself to be a member, agent or
representative of the Philippine National Red Cross.
Section 15. The use of the name Red Cross is reserved
exclusively to the Philippine National Red Cross and the use of the
emblem of the red Greek cross on a white ground is reserved exclusively
to the Philippine National Red Cross, medical services of the Armed
Forces of the Philippines and such other medical facilities or other
institutions as may be authorized by the Philippine National Red Cross
as provided under Article 44 of the Geneva Conventions. It shall be
unlawful for any other person or entity to use the words Red Cross or
Geneva Cross or to use the emblem of the red Greek cross on a white
ground or any designation, sign, or insignia constituting an imitation
thereof for any purpose whatsoever. chanroblesvirtualawlibrary
Section 16. As used in this Decree, the term person
shall include any legal person, group, or legal entity whatsoever
nature, and any person violating any section of this Article shall,
upon conviction therefore be liable to a find of not less than one
thousand pesos or imprisonment for a term not exceeding one year, or
both, at the discretion of the court, for each and every offense. In
case the violation is committed by a corporation or association, the
penalty shall devolve upon the president, director or any other officer
responsible for such violation.
Section 17. All acts or parts of acts which are
inconsistent with the provisions of this Decree are hereby repealed.
This Decree shall take effect immediately.
Done in the City of Manila,
this 15th day of December, in the year of Our Lord, nineteen hundred
and seventy seven.
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