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This page features the full text of
Republic Act No. 7278
AN
ACT AMENDING COMMONWEALTH ACT NO. 111, AS AMENDED BY PRESIDENTIAL
DECREE
NO. 460, ENTITLED "AN ACT TO CREATE A PUBLIC CORPORATION TO BE KNOWN AS
THE BOY SCOUTS OF THE PHILIPPINES, AND TO DEFINE ITS POWERS AND
PURPOSES,"
BY STRENGTHENING THE VOLUNTEER AND DEMOCRATIC CHARACTER OF THE BOY
SCOUTS
OF THE PHILIPPINES AND FOR OTHER PURPOSES.
REPUBLIC
ACT NO. 7278AN
ACT AMENDING COMMONWEALTH ACT NO. 111, AS AMENDED BY PRESIDENTIAL
DECREE
NO. 460, ENTITLED "AN ACT TO CREATE
A PUBLIC CORPORATION TO BE KNOWN AS
THE BOY SCOUTS OF THE PHILIPPINES, AND TO DEFINE ITS POWERS AND
PURPOSES,"
BY STRENGTHENING THE VOLUNTEER AND DEMOCRATIC CHARACTER OF THE BOY
SCOUTS
OF THE PHILIPPINES AND FOR OTHER PURPOSES.
Section
1. Sections 2 and 3 of Commonwealth
Act. No. 111, as amended, is hereby amended to read as follows:chanrobles virtuallaw libraryred
"Sec.
2. The said corporation shall
have the powers of perpetual succession, to sue and sued; to enter into
contracts; to acquire, own, lease, convey and dispose of such real
and
personal estate, land grants, rights and choses in action as shall be
necessary
for corporate purposes, and to accept and received funds, real and
personal
property by gift, devise, bequest or other means, to conduct
fund-raising
activities; to adopt and use a seal, and the same to alter and destroy;
to have offices and conduct its business and affairs in Metropolitan
Manila
and in the regions, provinces, cities, municipalities, and barangays of
the Philippines, to make and adopt by-laws, rules and regulations not
inconsistent
with this Act and the laws of the Philippines, and generally to do all
such acts and things, including the establishment of regulations for
the
election of associates and successors, as may be necessary to carry
into
effect the provisions of this Act and promote the purpose of said
corporation:
Provided, That said corporation 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 pecuniary profit of its
members.
chan
robles virtual law librarychan robles virtual law library"Sec.
3. The purpose of this corporation
shall be to promote through organization and cooperation with other
agencies,
the ability of boys to do useful things for themselves and others, to
train
them in scoutcraft, and to inculcate in them patriotism, civic
consciousness
and responsibility, courage, self-reliance, discipline and kindred
virtues,
and moral values, using the method which are in common use by boy
scouts."
Sec.
2. Section 4 of Commonwealth
Act No. 111, as amended, is hereby repealed and in lieu thereof,
Section
4 shall read as follows:chanroblesvirtualawlibrary
"Sec.
4. The President of the Philippines
shall be the Chief Scout of the Boy Scouts of the Philippines."
Sec.
3. Section 5, 6, 7 and 8 of Commonwealth
Act No. 111, as amended, are hereby amended to read as follows:chanroblesvirtualawlibrary
"Sec.
5. 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:chanroblesvirtualawlibrary"(a) One
(1) charter member of the Boy Scouts of the Philippines who shall be
elected
by the members of the National Council at its meeting called for this
purpose;chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred"(b) The
regional chairmen of the scouts regions who shall be elected by the
representatives
of all the local scouts councils of the region during its meeting
called
for this purpose: Provided, That a candidate for regional chairman need
not be the chairman of a local scout council;
"(c) The
Secretary of Education, Culture and Sports; chanrobles virtuallaw libraryred
"(d) The
National President of the Girl Scouts of the Philippines;
"(e) One
(1) senior scout, each from Luzon, Visayas and Mindanao areas, to be
elected
by the senior scout delegates of the local scout councils to the scout
youth forums in their respective areas, in its meeting called for this
purpose, to represent the boy scout membership;
"(f) Twelve
(12) regular members to be elected by the members of the National
Council
in its meeting called for this purpose;
"(g) At
least ten (10) but not more than fifteen (15) additional members from
the
private sector who shall be elected by the members of the National
Executive
Board referred to in the immediately preceding paragraphs (a), (b),
(c),
(d), (e) and (f) at the organizational meeting of the newly
reconstituted
National Executive Board which shall be held immediately after the
meeting
of the National Council wherein the twelve (12) regular members and the
one (1) charter member were elected. chanrobles virtuallaw libraryred
"Thereafter,
the National Executive Board as herein fully constituted shall elect
from
among themselves the following officers of the corporation:chanroblesvirtualawlibrary"(a) President;chanrobles virtuallaw libraryred"(b) Senior
Vice-President;
"(c) One
(1) Vice-President each from Luzon, Visayas and Mindanao areas;
and
"(d) Such
other officers as the Board may deem necessary.
"The
numerical composition of the National Executive Board shall be provided
for in the by-laws of the Boy Scout of the Philippines: Provided, That
said numerical composition shall be at least thirty (30) and not more
than
forty-five (45) for all elected, life and ex officio members.chanrobles virtuallaw libraryred "The
term of office of the members of the National Executive Board shall be
one (1) year, except for the regular members to be elected by the
National
Council whose term of office shall be three (3) years: Provided, That
for
the first twelve (12) regular members to be elected by the National
Council,
the term of office shall be as follows: the members garnering the first
four (4) highest number of votes shall serve for a term of three (3)
years;
the member garnering the second four (4) highest number of votes shall
serve for a term of two (2) years; and the members garnering the last
four
(4) number of votes shall serve for a term of one (1) year."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
by-laws may prescribe the number of members of the National Executive
Board
necessary to constitute a quorum of the Board, which number shall not
be
less than the majority of the entire membership of the Board. chanrobles virtuallaw libraryred
"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
a special meeting called for this purpose; chanrobles virtuallaw libraryred"(b) To
authorize and caused to be executed mortgages and liens upon the
property
of the corporation by a two-thirds (2/3) vote of the whole Board at a
meeting
called for this purpose;
"(c) To
designate five (5) or more their number to constitute an executive or
governing
committee, of which a majority shall constitute a quorum, through a
resolution
passed by majority of the whole Board. Such Committee, to the extent
provided
in said resolution or in the by-laws 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; chanrobles virtuallaw libraryred
"(d) To
create standing committees and appoint the chairman and members thereof
from among themselves by the affirmative vote of a majority of the
whole
Board. Such standing committees shall exercise such powers as may be
authorized
by the by-laws;
"(e) To
dispose in any manner a part of 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 least once every two (2) months at a time and
place to be designated in the by-laws. Special meetings of the Board
may
be called upon such notice as may be prescribed in the by-laws.
"Sec.
6. The National Council shall
be composed of the following members:chanroblesvirtualawlibrary"(a) The
members of the National Executive Board;chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred"(b) The
charter members;
"(c) The
regional commissioners;
"(d) The
chairmen and commissioners of all local scout councils; and
"(e) Other
duly accredited delegates of local scout 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 of
the
corporation.chanrobles virtuallaw libraryred "The
numerical composition of the National Council shall be provided for in
the by-laws of the Boy Scouts of the Philippines: 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 5 of this
Act.chanrobles virtuallaw libraryred"The
annual meeting of the National Council shall be held at such time and
place
as shall be prescribed in the by-laws, at which meeting the annual
reports
of the officers of the National Executive Board shall be presented and
the election of members to the National Executive Board.
"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 at any annual or
special
meeting.
"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 without the Metropolitan Manila.chanrobles virtuallaw libraryred
"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.
"Sec.
7. 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. chanrobles virtuallaw libraryred
"Sec.
8. 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
corporation shall be entitled to the following tax and duty privileges:
"(a) Exemption
from income tax pursuant to Section 26(e), (g) and (h) of the National
Internal Revenue Code, as amended; chanrobles virtuallaw libraryred"(b) Exemption
from donor's tax pursuant to Section 94(a) (3) of the National Internal
Revenue Code, as amended;
"(c) Full
deductibility of donations from the donor's gross income for purposes
of
computing taxable income; and
"(d) Tax
and/or duty exemption of donations from foreign countries as provided
under
the relevant laws such as, but not limited to, Section 105 of the
Tariff
and Customs Code of the Philippines, as amended, Section 103 of the
National
Internal Revenue Code, as amended.
"Any
other provisions of law to the contrary notwithstanding, there shall be
no discrimination in tax treatment of the Boy and Girl Scouts of the
Philippines." chanrobles virtuallaw libraryred
Sec.
4.Sections 10 and 11 of Commonwealth
Act No. 111, as amended, are hereby amended to read as follows:chanroblesvirtualawlibrary
"Sec.
10. 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 call himself as, or
represent
himself to be, a member of, or an agent for, the Boy Scouts of the
Philippines;
and any person who violates any of the provisions of this Act shall be
punished by prision correccional in its minimum period or a fine not
exceeding
Five thousand pesos (P5,000.00) or both, at the discretion of the court.chanrobles virtuallaw libraryred"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 consent or permission of the National
Executive
Board of the Boy Scouts of the Philippines badges, uniforms, insignia,
or any other boy scout paraphernalia; or to use, apply, feature or
portray
said budges, uniforms, insignia or scouting paraphernalia or the photos
or visuals of a boy scout or boy 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; or to use the name of the Boy Scouts of the
Philippines
for any illegal purpose or personal gain. Any violation of any of the
provisions
of Section 7 and of this section shall be punished by prision
correccional
in its medium period to prision mayor in its minimum period or a fine
of
not less than Ten thousand pesos (P10,000.00) nor more than One hundred
thousand pesos (P100,000.00), or both, at the discretion of the court:
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. These penalties shall be without prejudice to
the
proper civil action for recovery of civil damages, which may be
instituted
together with or independently of the criminal prosecution.chanrobles virtual law library
"Sec.
11. Until such time as the reorganization
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 and the present and past national presidents of the Boy
Scouts of the Philippines shall continue to conduct the affairs of the
Boy Scouts of the Philippines and to 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 effectivity of this Act." chanrobles virtuallaw libraryred
Sec.
5. If any section or provision
of this Act is held invalid, all the other provisions not affected
thereby
shall remain valid.chanrobles virtual law library
chanrobles virtuallaw libraryred
Sec.
6. This Act shall take effect
upon the completion of its publication in at least two (2) national
newspapers
of general circulation.
Approved:
March 24, 1992
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