Republic Act No. 10072
An
Act Recognizing the Philippine National Red Cross as an Independent,
Autonomous, Nongovernmental Organization Auxiliary to the Authorities of
the Republic of the Philippines in the Humanitarian Field, to be known
as the Philippine Red Cross
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. This Act shall be known as the "Philippine Red Cross Act of 2009".cralaw
Sec. 2. Declaration of Principles and State Policies.
Pursuant to Article II, Section 2 of the Constitution which provides
for the adoption of the generally accepted principles of international
law as part of the law of the land, the State shall at all times act in
conformity with the Geneva Conventions of 1949 and their additional
protocols, and the Statutes of the International Red Cross and Red
Crescent Movement, and shall establish and promote the development of a
duly recognized independent and autonomous nongovernmental Red Cross
Society that shall provide humanitarian relief and assistance in times
of peace and armed conflict. The State shall at all times respect the
adherence by the Red Cross Society to the fundamental principles of
humanity, impartiality, neutrality, independence, voluntary service,
unity and universality.cralaw
Sec. 3. Philippine Red Cross.
The Philippine Red Cross shall be recognized as the voluntary,
independent and autonomous nongovernmental society auxiliary to the
authorities of the Republic of the Philippines in the humanitarian
field, to assist said authorities in discharging the obligations set
forth in the Geneva Conventions and the Statutes of the International
Red Cross and Red Crescent Movement. Pursuant to the fundamental
principle of unity, the Philippine Red Cross shall be the only national
society of the Red Cross in the Republic of the Philippines and be
directed by a central body, and shall perform the duties inherent upon
such status over the entire Philippine territory.cralaw
Sec. 4. Purposes. The purposes of the Philippine Red Cross shall be as follows:chanroblesvirtuallawlibrary
- To
cooperate with public authorities in the prevention of disease, the
promotion of health and the mitigation of human suffering by their own
programs in such fields as education, health and social welfare, for the
benefit of the community;
- To
organize, in liaison with public authorities, emergency relief
operations and other services to assist the sick and wounded of armed
forces in time of armed conflict, 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;
- For
the purposes mentioned in the preceding paragraphs, to perform all
duties devolving upon the Philippine Red Cross as a result of the
adherence of the Republic of the Philippines to the said Convention;
- To
act in matters of voluntary relief and of communication between the
people of the Republic of the Philippines and their Armed Forces, in
time of peace and in time of armed conflict, and to act in such matters
between similar national societies of other countries and the
Governments and people and the Armed Forces of the Republic of the
Philippines;
- To
establish and maintain a system of national and international relief in
time of peace and in time of armed conflict and apply the same in
meeting emergency needs caused by typhoons, floods, fires, earthquakes,
and other natural or man-made disasters, and to devise and carry on
measures for alleviating the suffering caused by such disasters;
- To
devise and promote such other services in time of peace and in time of
armed conflict as may be found desirable in improving the health, safety
and welfare of the Filipino people, and of all peoples in general; and
- To devise such means as to make every citizen and/or resident of the Philippines a member of the Philippine Red Cross.
Sec. 5. Privileges.
To allow it to fully realize its mandate under the Geneva Conventions,
the Statutes of the International Red Cross and Red Crescent Movement
and this Act, the Philippine Red Cross shall:chanroblesvirtuallawlibrary
- Enter
into agreements with public authorities, and accept provisions for the
cost of any service or activity which may be entrusted to it, within the
scope of its object and functions, pursuant to such agreements;
- Own and hold real and personal properties and accept bequests, donations and contributions of property of all classes;
- Be
exempt from payment of all direct and indirect taxes, all provisions of
law to the contrary notwithstanding, including value-added tax (VAT),
fees and other charges of all kinds on all income from its operations,
including the use, lease or sale of its real property, and provision of
services. The Philippine Red Cross shall also be exempt from direct and
indirect taxes, including VAT, duties, fees and other charges on
importations and purchases for its exclusive use.cralaw
Likewise, all
donations, legacies and gifts made to the Philippine Red Cross 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.cralaw
Finally,
the Philippine Red Cross shall be exempt from the payment of real
property taxes on all real properties owned by it; and
- Be
allotted by the Philippine Charity Sweepstakes Office at least one (1)
lottery draw yearly for the support of its disaster relief operations in
addition to its existing lottery draws for the Blood Program.
Sec. 6. Membership.
Membership in the Philippine Red Cross shall be open to the entire
population in the Philippines regardless of citizenship. Any
contribution to the Philippine Red Cross Annual Fund Campaign shall
entitle the contributor to membership for one (1) year and the said
contribution shall be deductible in full for taxation purposes.cralaw
Sec. 7. Central Body.
Pursuant to its obligations under the Geneva Conventions of 1949 and
their additional protocols, as well as the Statutes of the International
Red Cross and Red Crescent Movement, the State recognizes the
following:chanroblesvirtuallawlibrary
- The
central body of the Philippine Red Cross as the Board of Governors,
composed of thirty (30) members, six (6) of whom shall be appointed by
the President of the Philippines, eighteen (18) elected by chapter
delegates in biennial conventions, and the remaining six (6) elected by
the twenty-four (24) members of the Board already chosen.
- The
term of office of all members of the Board of Governors shall be four
(4) years, including those appointed by the President of the
Philippines, renewable at the pleasure of the appointing power or
elective bodies.
- 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. (b) The President of the Philippines shall be the Honorary
President of the Philippine Red Cross, and the officers shall consist of
a Chairman, Vice Chairman, Secretary, Treasurer, Counselor, 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 (2)
years and may be re-elected. The election of officers shall take place
within sixty (60) days after all the members of the Board of Governors
have been chosen and have qualified.
- The
biennial meeting of chapter delegates shall be held on such date and
place as may be specified by the Board of Governors to elect its members
and advise them on the activities of the Philippine 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
Philippine Red Cross shall be served by postponing such biennial
meeting.
- The
power to ordain, adopt and amend bylaws, as well as its rules and
regulations, including those governing its chapters, shall be vested in
the Board of Governors.
- The
members of the Board of Governors, as well as the officers, shall serve
without compensation. The compensation of the paid staff of the
Philippine Red Cross shall be determined by the Board of Governors upon
the recommendation of the Secretary General.
- As
a national voluntary society, the Philippine 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 fundraising campaigns shall be conducted
independently of other fund drives and service needs.
- The
Board of Governors shall promulgate rules and regulations for the
chapters of the Philippine Red Cross. Said rules and regulations shall
conform to the bylaws and rules and regulations created under Section 7
of this Act, and fix the relationship of the chapters to the Philippine
Red Cross, define their territorial jurisdictions, and determine the
number of delegates for each based on population, fund campaign
potentials and service needs. This shall include the organization of
Councils in all public schools and universities to promote civic
consciousness among the youth. Participation in the Philippine Red Cross
as part of the National Service Training Program for tertiary level
students shall also be promoted.
- The
Philippine Red Cross shall, at the end of every calendar year, submit
to the President of the Philippines an annual report containing its
activities and showing its financial condition.
Sec. 8. Unlawful Solicitation.
It shall be unlawful for any person to solicit, collect or receive
money, materials or property of any kind by falsely representing himself
to be a member, agent or representative of the Philippine Red Cross.cralaw
Sec. 9. Red Cross Name and Emblem.
The use of the name Red Cross is reserved exclusively to the Philippine
Red Cross and the use of the emblem of the Red Greek Cross on a white
ground is reserved exclusively to the Philippine 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
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.cralaw
Sec. 10. Penal Clause.
Any person, whether natural or juridical, violating any section of this
Act shall, upon conviction therefore, be liable to a fine of not less
than Fifty thousand pesos (P50,000.00) or imprisonment for a term not
exceeding one (1) year, or both, at the discretion of the court for each
and every violation. In case the violation is committed by a
corporation or an association, the penalty shall devolve upon the
president, director or any other officer responsible for such violation.cralaw
Sec. 11. Repealing Clause.
Republic Act No. 95, as amended, is hereby repealed. All other laws or
parts thereof, decrees, orders, rules and regulations inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.cralaw
Sec. 12. Separability Clause.
If any provision of this Act is declared invalid, the remainder of this
Act or any provision not affected thereby shall remain in full force
and effect.cralaw
Sec. 13. Effectivity. This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in at least two (2) newspapers of general circulation
Approved:chanroblesvirtuallawlibrary
(Sgd.) JUAN PONCE ENRILE |
(Sgd.) PROSPERO C. NOGRALES |
President of Senate |
Speaker of the House of Representatives |
This Act which is a consolidation of Senate Bill No. 3285 and House
Bill No. 6509 was finally passed by the Senate and the House of
Representatives on November 17, 2009 and February 1, 2010, respectively.
(Sgd.) EMMA LIRIO-REYES |
(Sgd.) MARILYN B. BARUA-YAP |
Secretary of Senate |
Secretary General House of Representatives |
Approved: APR 20 2010
(Sgd.) GLORIA MACAPAGAL - ARROYO
President of the Philippines
|