Title
Creation of Boy Scouts of the Philippines
Law
Commonwealth Act No. 111
Decision Date
Oct 31, 1936
The Charter of the Boy Scouts of the Philippines establishes the legal framework for the organization, defines its powers and purposes, and outlines the composition and responsibilities of its governing body, including provisions regarding meetings, reporting, the use of titles and insignia, government donations and contributions, and penalties for misrepresentation.

Corporate powers and by-laws

  • Section 2 authorizes the corporation to make and adopt by-laws, rules and regulations not inconsistent with Philippine laws.
  • Section 2 authorizes by-laws to include regulations for the election of associates and successors.
  • Section 2 authorizes the corporation to generally do acts necessary to carry out the Act and promote its purposes.
  • Section 5 provides that the corporation’s governing body is an executive board composed of residents of the Philippines.
  • Section 5 requires the number, qualifications, and terms of board members to be prescribed in the by-laws.
  • Section 5 makes the persons named in Section 1 the first executive board, serving until successors are elected and qualified.

Purpose and program objectives

  • Section 3 states the corporation’s purpose is to promote, through organization and cooperation with other agencies, boys’ ability to do things for themselves and others.
  • Section 3 requires training in scoutcraft.
  • Section 3 requires teaching patriotism, courage, self-reliance, and kindred virtues.
  • Section 3 directs the corporation to use methods “now in common use by boy scouts.”

Assets transfer and benevolent, non-profit limit

  • Section 4 requires the corporation to operate under arrangements it makes with the Boy Scouts of America until it acquires by purchase, gift or other equitable arrangement the existing assets and properties of the Boy Scouts of America in the Philippines.
  • Section 4 allows the corporation to defray and provide for debts or liabilities that are dischargeable using those assets.
  • Section 4 expressly prohibits the corporation from having power to issue certificates of stock.
  • Section 4 expressly prohibits the corporation from declaring or paying dividends.
  • Section 4 states that the corporation’s objects and purposes are solely of a benevolent character and not for pecuniary profit by its members.

Executive board governance mechanics

  • Section 5 provides that vacancies in the executive board are filled by a majority vote of the remaining members.
  • Section 5 authorizes the by-laws to set the number needed for a quorum, and that quorum number may be less than a majority of the whole board.
  • Section 5 grants the executive board power to make and amend by-laws.
  • Section 5 authorizes the executive board, by a two-thirds vote of the whole board at a meeting called for that purpose, to authorize and cause execution of mortgages and liens upon corporate property.
  • Section 5 authorizes the executive board, by majority vote of the whole board, to designate three or more members to form an executive or governing committee.
  • Section 5 states a committee’s quorum is a majority, and it exercises executive-board powers to the extent provided in the resolution or by-laws.
  • Section 5 authorizes the committee to authorize the corporate seal to be affixed to papers requiring it.
  • Section 5 authorizes the executive board, by affirmative vote of a majority of the whole board, to appoint standing committees with powers conferred by the by-laws.
  • Section 5 requires consent in writing and an affirmative vote of a majority of the members of the corporation before the executive board may dispose of the whole property of the corporation.

Meetings, records, and committees

  • Section 6 requires an annual meeting of incorporators, associates and successors once every year after the year of incorporation.
  • Section 6 sets the annual meeting time and place as prescribed in the by-laws.
  • Section 6 requires presentation of annual reports of officers and the executive board at the annual meeting.
  • Section 6 requires election of executive board members for the ensuing year at the annual meeting.
  • Section 6 allows special meetings to be called upon notice prescribed in the by-laws.
  • Section 6 requires the by-laws to prescribe the quorum number for annual or special meetings.
  • Section 6 authorizes members and the executive board to hold meetings and keep seals, books, documents, and papers within or without the City of Manila.

Use of badges, uniforms, and marks

  • Section 7 permits continued use of Boy Scouts of America badges, uniforms, and insignia until the corporation adopts distinctive badges, uniforms, and insignia for the Boy Scouts of the Philippines.
  • Section 7 grants, once adopted, the corporation sole and exclusive right in the Philippines to have and use titles, emblems, uniforms, badges, insignia, descriptive or designating marks, and words and phrases used by the Boy Scouts of the Philippines in carrying out its program consistent with the Act’s purposes.

Government donations and annual reporting

  • Section 8 requires all donations or contributions made to the corporation by the Government (or its subdivisions, branches, offices, agencies, or instrumentalities) to be expended by the executive board in pursuit of the Act.
  • Section 9 requires the corporation to transmit to the President of the Philippines an annual report on or before the first day of April of each year.
  • Section 9 requires the report to cover the year ending December thirty-first of the preceding year.
  • Section 9 requires the report to include a full, complete, and itemized report of receipts and expenditures of whatever kind.

Prohibited impersonation and penalties

  • Section 10 makes it unlawful for any person within the jurisdiction of the Philippines to falsely and fraudulently call himself out as, or represent himself to be, a member or agent of the Boy Scouts of the Philippines.
  • Section 10 imposes a penalty for violation: imprisonment of not to exceed six months or a fine not exceeding five hundred pesos, or both, at the court’s discretion.

Effectivity

  • Section 11 provides that the Act takes effect upon its approval.
  • The Act was approved on October 31, 1936.

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