Title
Incorporation of Philippine National Red Cross
Law
Republic Act No. 95
Decision Date
Mar 22, 1947
The Philippine National Red Cross, established through Republic Act No. 95, is a national organization responsible for providing volunteer aid during war, promoting relief efforts, and improving the health and welfare of the Filipino people, with the power to sue and be sued, own property, and adopt a seal.

Name, emblem, jurisdiction, and legal powers

  • Section 2 grants the Philippine National Red Cross the power to own and hold real and personal estate that it deems advisable.
  • The corporation may accept bequests, donations, and contributions of property of all classes for its purposes.
  • Section 2 authorizes adoption of a seal and the power to alter and destroy it.
  • Section 2 authorizes the corporation to use, for its purposes, an emblem and badge: a red Greek cross on a white ground, described in the Geneva Red Cross Convention.
  • The red Greek cross is not, and shall not be construed as, a religious symbol, and it has equal efficacy and applicability to persons of all faiths, creeds, and beliefs.
  • Section 2 designates the Philippine National Red Cross as the organization authorized to act in matters of relief under the Convention.
  • Section 2 confers jurisdiction over the entire territory of the Philippines.
  • Section 2 states that under Article 21 of the Geneva Red Cross Convention, the brassard for individuals neutralized in time of war is delivered to military authority.

Policy purpose: relief, welfare, and coordination

  • Section 3(a) requires the corporation to furnish volunteer aid to the sick and wounded of armed forces in time of war, under the spirit and conditions of the Geneva Red Cross Convention to which the Philippines adhered on February fourteen, nineteen hundred and forty-seven.
  • Section 3(b) requires the corporation to perform duties that devolve on it as a result of the Republic’s adherence to the Geneva Red Cross Convention.
  • Section 3(c) tasks the corporation, as a medium of communication, to act in voluntary relief in accordance with Armed Forces authorities between the people of the Republic and their Armed Forces in time of peace and time of war.
  • Section 3(c) also tasks the corporation to act between similar national societies of other governments and the Government, people, and Armed Forces of the Philippines.
  • Section 3(d) requires establishment and maintenance of a system of national and international relief in time of peace and time of war, applied to emergency needs caused by typhoons, floods, fires, earthquakes, and other natural disasters, including measures to minimize suffering caused by such disasters.
  • Section 3(e) authorizes services in time of peace and time of war that improve health, safety, and welfare of the Filipino people, so long as they do not infringe upon functions of government.

Membership rules and funding link

  • Section 4 opens regular membership to all adult population in the Philippines.
  • Section 4 provides that any contribution to the Philippine National Red Cross Annual Fund Campaign entitles an individual to membership for one year.
  • Section 4 allows junior membership to be authorized under rules, regulations, and policies prescribed by the Board of Governors.
  • Section 6 requires that the corporation’s financing is primarily through contribution campaigns organized by the Board of Governors and conducted by the Chapters in their jurisdictions.

Governance structure and officer terms

  • Section 5 vests governing powers in the Board of Governors, composed of thirty (30) members.
  • Section 5 sets composition: six members appointed by the President of the Philippines, fifteen elected by Chapter delegates in an Annual Meeting, and the remaining nine selected by the twenty-one members already chosen.
  • Section 5 requires that at least one but not more than three of the Presidential appointees come from members of the Armed Forces of the Philippines.
  • Section 5 sets Board term: three years for all members.
  • Section 5 bars a Board member who has served two consecutive full terms of three years each from membership on the Board for at least two years.
  • Section 5 provides initial term staging for first Board members: the first six, fifteen, and nine are divided by lot into three groups with terms expiring at the end of one year, two years, and three years, so thereafter one-third is chosen each year.
  • Section 5 requires filling Board vacancies caused by death or resignation by election by the Board of Governors at its next meeting; vacancies among Presidential appointees are filled by the President.
  • Section 5 makes the President of the Philippines the Honorary President.
  • Section 5 establishes officers: Chairman, Vice-Chairman, Secretary, Treasurer, and Councilor, elected by the Board from among its membership.
  • Section 5 gives officer term: one year, with re-election allowed.
  • Section 5 requires officer election within sixty days after all Board members have been chosen and qualified.
  • Section 5 mandates a meeting of Chapter delegates within the first sixty days of each calendar year to elect Board members and advise the Board on activities.
  • Section 5 provides that Board and officers serve without compensation.
  • Section 5 requires paid staff compensation to be determined by the Board upon the recommendation of the Manager.

Chapters, financing, and annual reporting

  • Section 6 requires fundraising campaigns to be independent of other drives for funds.
  • Section 7 requires the Board to establish rules and regulations for local units called Chapters.
  • Section 7 requires the Board rules to fix the relationship between Chapters and the Corporation.
  • Section 7 requires the rules to define each Chapter’s territorial jurisdiction.
  • Section 7 requires allocation of Chapter delegates to each Chapter, considering both the membership size and the population size of the territories served.
  • Section 7 authorizes allocation of voting delegates from each existing branch to elect the fifteen Board members required under Section 4 (as referenced in Section 7) for the first Board.
  • Section 8 authorizes the Philippine National Red Cross, upon organization, to assume responsibilities and succeed to the rights, title, and interest of the Philippine Red Cross in property within the Philippines in accordance with the resolution of the Central Committee of the American National Red Cross dated December eleven, nineteen hundred and forty-six.
  • Section 9 requires an annual report by the Corporation at the end of every calendar year submitted to the President of the Philippines, containing:
    • the Corporation’s activities; and
    • a clear showing of its exact financial condition, the sources of all receipts, and the purposes of all disbursements.

Reserved use of Red Cross and penalties

  • Section 10 prohibits any person from soliciting, collecting, or receiving money, material, or property by falsely representing or pretending to be a member, agent, or representative of the Philippine National Red Cross.
  • Section 10 prohibits any person from wearing or displaying the Red Cross sign or any insignia made or colored in imitation of it for a fraudulent purpose to induce belief of membership or representation.
  • Section 10 reserves exclusively to the Philippine National Red Cross:
    • the use of the name Red Cross, and
    • the use of the emblem: the red Greek cross on a white ground.
  • Section 10 reserves exclusively the emblem use to the Philippine National Red Cross and the medical services of the Armed Forces of the Philippines under Article 28 of the Geneva Red Cross Convention.
  • Section 10 prohibits any other person or entity from using the words “Red Cross” or “Geneva Cross”, or from using the emblem (red Greek cross on a white ground) or any imitation designation, sign, or insignia, for any purpose whatsoever.
  • Section 10 defines “person” to include any legal person, group, or legal entity of any nature.
  • Section 10 imposes criminal liability: any person violating the prohibitions is liable upon conviction to a fine of not more than one thousand pesos or imprisonment for a term not exceeding one year, or both, at the discretion of the court, for each and every offense.
  • Section 10 provides that if the violator is a corporation or association, the penalty devolves upon the president, director, or any other officer responsible for the violation.

Repeal and effectivity

  • Section 11 repeals all acts or parts of acts inconsistent with the provisions of the Act.
  • Section 12 states that the Act takes effect upon its approval.
  • The Act is Approved, March 22, 1947.

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