State policy and purpose
- The State recognizes the vital role of the youth in nation building and affirms the contribution of the Girl Scouts of the Philippines to positive values, responsible citizenship, and volunteerism for young women.
- The State affirms that the Girl Scouts of the Philippines adheres faithfully to the fundamental principles of the World Association of Girl Guides and Girl Scouts (WAGGGS).
- The Girl Scouts of the Philippines is established to promote the development of young women through internationally aligned Girl Scout ideals and programs in the Philippines.
Recognition, corporate identity, and character
- Section 3 recognizes the “Girl Scouts of the Philippines,” referred to as “GSP,” as the body corporate originally created by Commonwealth Act No. 542.
- The principal office of the GSP is in Metropolitan Manila, Philippines.
- Section 6 characterizes the GSP as an independent and voluntary, nonstock, nonprofit, nonsectarian, and nonpolitical entity.
- The GSP must cooperate with persons and entities—public or private—whose ideals and procedures accord with the authority and purposes granted by this Act.
- Section 4 grants the GSP perpetual succession as a juridical entity.
Corporate powers and governance structure
- Section 4 gives the GSP power to sue and be sued and to acquire, hold and convey properties and rights necessary to carry out its purposes.
- Section 4 authorizes the GSP to receive funds and property through gift, devise and donation, contribution, or other means, and to manage organizational affairs through corporate acts necessary to promote its purposes.
- Section 7 vests the GSP’s governing body in a Central Board composed of at least thirty-seven (37) members but not more than forty-seven (47), as prescribed in the bylaws.
- The Central Board includes:
- Eight (8) Charter/Life members chosen by and from among themselves;
- the Regional Chairpersons elected by their respective regions;
- the National President of the Boy Scouts of the Philippines;
- the immediate Past National President of the Girl Scouts of the Philippines;
- One (1) Senior Girl Scout/Cadet or young adult from each Girl Scout Region, elected by the Girl Scouts of each region; and
- the remaining members-at-large elected by the National Council from a list submitted by the Nominating Committee (as defined in the bylaws), with nominees from Provincial/City Councils, Regional Committees, and National Committees.
- The Central Board must:
- make and amend the Constitution and bylaws subject to ratification by the National Council;
- create standing and special committees; and
- adopt necessary policies and procedures.
- Section 7 requires the Central Board to meet regularly at least twice a year, with the quorum number (which may be less than a majority) fixed by the bylaws.
- Section 7 provides Central Board members serve a term of three (3) years or until successors are elected and qualified; vacancies are filled by the candidate who received the next highest number of votes in the preceding election.
- Section 7 requires the Central Board to elect national officers from among themselves, including the National President, First National Vice President, Second National Vice President, National Secretary, National Treasurer, Assistant National Secretary, Assistant National Treasurer, and other officers it deems necessary.
National leadership bodies
- Section 7 establishes the Chief Girl Scout rule: a woman President of the Philippines or the First Lady of the Philippines shall be the Chief Girl Scout of the Girl Scouts of the Philippines.
- Section 8 creates a National Executive Committee to implement policies and decisions of the National Council and the Central Board.
- The National Executive Committee consists of all officers and chairpersons of standing committees, as defined in the bylaws.
- Section 9 establishes a National Council as a forum for guidelines, directions, and evaluation of the Girl Scout Movement.
- Section 9 provides the National Council is composed of the Central Board members, the Presidents of Girl Scout Councils (or their duly designated representatives), and elected delegates from each council as prescribed in the bylaws.
- The National Council convenes once every three (3) years in a convention assembled for its purpose; special conventions may be called.
- Section 9 requires quorum, delegate rules, and the time/place/manner of conventions to be prescribed in the bylaws.
- The National Council elects Central Board Members-at-Large, ratifies amendments to the Constitution and bylaws by a vote or assent of two-thirds (2/3) of members present and voting, and considers matters brought before the convention.
- Section 5 sets the organizational vision and mission and requires the GSP to be the sole directing and coordinating head of the Girl Scouts Movement in the Philippines and to maintain standards inspiring the highest ideals of citizenship, character, conduct, and international understanding.
Girl Scout symbols and trademarks
- Section 10 authorizes the GSP to adopt distinctive emblems, badges, insigniae, uniforms, and other equipment usable only by registered Girl Scouts or officials who have complied with WAGGGS international requirements.
- Section 10 requires the GSP to use these symbols in carrying out programs consistent with the purposes of the Act.
- Section 10 requires registration of these emblems and related items under Republic Act No. 8293, the Intellectual Property Code of the Philippines, as amended.
- Section 10 directs the Intellectual Property Office (IPO) to cause registration free of charge.
- The Securities and Exchange Commission, the IPO, and the Department of Trade and Industry must refuse:
- registration of associations;
- registration of trade names; and
- filing of trademarks, commercial marks, and industrial models and designs
that use GSP emblems, badges, insignias, uniforms, or translations thereof in any official language and dialect in violation of the Act.
Fiscal incentives and tax privileges
- Section 11 grants the GSP exemption from all direct and indirect taxes, including value-added tax (VAT) fees and other charges of all kinds, on all income derived from its operations, including use, lease, or sale of its real properties and provision of services.
- Section 11 exempts the GSP from direct and indirect taxes, including VAT, duties, fees, and other charges on importations and purchases for its exclusive use.
- Section 11 grants tax and/or duty exemption of donations from foreign countries as provided under relevant laws, including Section 105 of the Tariff and Customs Code of the Philippines, as amended, and Section 109(K) of the National Internal Revenue Code of 1997, as amended.
- Section 11 states that donations, legacies, and gifts to the GSP are exempt from donor’s tax under Section 101(A)(3) of the National Internal Revenue Code of 1997, as amended, and are deductible from the donor’s gross income for income tax purposes; these are expended by the Central Board in pursuance of the Act.
- Section 11 exempts the GSP from payment of all other taxes, duties, imposts, and charges.
- Section 11 exempts the GSP from payment of real property taxes on all real properties it owns.
Prohibited acts and criminal penalties
- Section 12 makes it unlawful for any person within the Philippines to falsely and fraudulently call or represent herself as a member of, or agent for, the GSP.
- For this unlawful representation, Section 12 imposes punishment of prision correctional in its minimum period under the Revised Penal Code or a fine not exceeding PHP 20,000.00, or both, at the discretion of the court.
- Section 12 makes it unlawful to manufacture, sell, distribute, use, apply, feature, portray, or cause the manufacture, sale, distribution, use, application, featuring, portrayal of:
- GSP badges, uniforms, insignias, or scouting paraphernalia,
- photos or visuals of a Girl Scout or Girl Scouts in uniform, and
- the logo, seal, or corporate name of the GSP,
when done fraudulently or without the knowledge and written approval of the Central Board of the GSP, in any audio, visual, audiovisual, or any form of presentation or advertisement, including the internet.
- Section 12 also prohibits using the name of the Girl Scouts of the Philippines for any illegal purpose or personal gain.
- For violating the prohibitions in Section 12 on GSP symbols and unauthorized use, punishment is prision correctional under the Revised Penal Code or a fine not less than PHP 50,000 but not more than PHP 300,000, or both, at the discretion of the court.
- Section 12 provides corporate criminal responsibility: in case of corporations, partnerships, associations, societies, or other juridical entities, the President, Chief Executive Officer, Managing Partner, Chairman of the Board, General Manager, Administrator, or the person(s) in charge of management or administration are criminally responsible for the violation.
- Section 12 preserves civil liability: the penalties are without prejudice to proper civil action for recovery of civil damages, which may be instituted together with or independently of the criminal prosecution.
- Section 12 preserves intellectual property remedies: the criminal penalties are without prejudice to applicable penalties for violations of the intellectual property rights of the GSP under the Intellectual Property Code of the Philippines, as amended.
Transitional governance and dissolution rules
- Section 13 requires that until Central Board reorganization and restructuring is completed in accordance with Section 7, the present administrative structure shall be maintained to conduct GSP affairs and perform acts necessary for reorganization.
- Section 13 requires completion of reorganization within six (6) months from the effectivity of the Act.
- Section 14 provides that if the GSP is dissolved in any manner provided for by law, the incumbent Central Board must organize and form a Girl Scouts of the Philippines Foundation, and the properties and assets of the GSP must be conveyed and transferred to it for purposes consistent with the Act.
Repeal, separability, and continuity
- Section 15 repeals or modifies accordingly Commonwealth Act No. 542, as amended, and all other laws, decrees, presidential issuances, proclamations, and administrative rules and regulations inconsistent with or contrary to the Act.
- Section 16 provides separability: if any provision is declared void or unconstitutional, the other provisions remain in full force and effect.