QuestionsQuestions (Republic Act No. 7278)
RA 7278 amends CA No. 111 (as amended by PD No. 460) by strengthening the volunteer and democratic character of the Boy Scouts of the Philippines and by revising key provisions on corporate powers, governance structure, membership/electoral rules, property and branding rights, tax privileges, and penalties for unauthorized use of Boy Scout identifiers.
It has perpetual succession; power to sue and be sued; enter contracts; acquire/own/lease/ convey/dispose property needed for corporate purposes; accept funds/property by gift/devise/bequest; conduct fund-raising; adopt and alter/destroy a seal; and maintain offices and conduct business across the Philippines, adopt bylaws and regulations, and establish election regulations. Limitation: it has no power to issue certificates of stock or declare/pay dividends because its objectives are benevolent and not for pecuniary profit of members.
To promote, through organization and cooperation with other agencies, the ability of boys to do useful things for themselves and others; train them in scoutcraft; and inculcate patriotism, civic consciousness and responsibility, courage, self-reliance, discipline, and kindred virtues and moral values, using the method commonly used by Boy Scouts.
It repeals the old Section 4 and replaces it with a new rule: the President of the Philippines shall be the Chief Scout of the Boy Scouts of the Philippines.
The Board consists of: (a) one charter member elected by the National Council; (b) regional chairmen elected by representatives of local scout councils in their region; (c) Secretary of Education, Culture and Sports; (d) National President of the Girl Scouts of the Philippines; (e) one senior scout each from Luzon, Visayas, and Mindanao elected by senior scout delegates from local councils; (f) twelve regular members elected by the National Council; and (g) at least ten but not more than fifteen additional private-sector members elected by the members of the National Executive Board at the organizational meeting of the newly reconstituted Board.
After the Board is fully constituted, it elects from among themselves the President, Senior Vice-President, one Vice-President each for Luzon/Visayas/Mindanao, and such other officers as the Board may deem necessary.
Members have a one (1) year term, except the regular members elected by the National Council, whose term is three (3) years. For the first twelve (12) regular members: top four get 3 years, next four get 2 years, last four get 1 year. Vacancies are filled by majority vote of remaining members and the new member serves only the unexpired term.
The bylaws may prescribe the number of members needed for quorum, but quorum cannot be less than the majority of the entire Board membership. The Board must hold regular meetings at least once every two (2) months, with time and place set by bylaws; special meetings may be called with notice as prescribed in the bylaws.
Key powers include: (a) making/amending bylaws subject to National Council ratification by majority of members present; (b) authorizing mortgages and liens by 2/3 vote of the whole Board; (c) creating an executive/governing committee through majority resolution, which may exercise Board powers as provided; (d) creating standing committees and appointing chairmen/members by majority vote of the whole Board; (e) disposing of corporate property only with written consent and pursuant to an affirmative vote of 2/3 of the National Council’s members; and (f) holding regular/special meetings as required.
It consists of: (a) members of the National Executive Board; (b) charter members; (c) regional commissioners; (d) chairmen and commissioners of all local scout councils; and (e) other duly accredited delegates of local scout councils as provided in the bylaws.
Quorum: one-third (1/3) of National Council members constitutes a quorum to transact at any annual or special meeting. Voting: each local scout council has four (4) votes plus one (1) vote for every ten thousand (10,000) of its scout membership; members of the National Executive Board and life members each have one (1) vote.
It has the sole and exclusive right to use distinctive titles, emblems, descriptive/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 Act, and these must be published in the Official Gazette or in any newspaper of general circulation in the Philippines.
Any donation or contribution made by the Government, its subdivisions/agencies, or foreign governments, private entities, and individuals shall be expended by the National Executive Board in pursuance of the purposes of the Act.
(a) Exemption from income tax under Section 26(e), (g), and (h) of the National Internal Revenue Code, as amended; (b) exemption from donor’s tax under Section 94(a)(3) of the NIRC; (c) full deductibility of donations from the donor’s gross income for computing taxable income; and (d) tax and/or duty exemption of donations from foreign countries as provided under relevant laws (e.g., Tariff and Customs Code Section 105, NIRC Section 103), as amended.
It is unlawful for any person within 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. Violation is punished by prison correccional in its minimum period or a fine not exceeding P5,000, or both.
It is unlawful to manufacture, sell, or distribute badges, uniforms, insignia, or paraphernalia fraudulently or without the National Executive Board’s official knowledge and written consent; or to use/apply/feature/portray Boy Scout badges/uniforms/insignia/paraphernalia or photos/visuals of Boy Scouts in uniform, or the logo/seal/corporate name in print ad, radio/TV commercial, billboard, collateral material, or any advertisement; or to use the Boy Scouts name for any illegal purpose or personal gain. Penalties: prison correccional in its medium period to prison mayor in its minimum period or a fine of not less than P10,000 nor more than P100,000, or both; corporations/partnerships/associations/societies/companies: the manager/administrator/person in charge is criminally responsible.
Until reorganization is effected, incumbent officers and members of the National Executive Board and present/past national presidents continue conducting affairs and taking steps to effect reorganization until a new National Executive Board and officers are elected within six (6) months from the effectivity of RA 7278.