COMMONWEALTH ACT No. 111

AN ACT TO CREATE A PUBLIC CORPORATION TO BE KNOWN AS THE BOY SCOUTS OF THE PHILIPPINES, AND TO DEFINE ITS POWERS AND PURPOSES.

Be it enacted by the National Assembly of the Philippines:

Section 1. J. E. H. Stevenot, A. N. Luz, C. P. Romulo, Vicente Lim, Manuel Camus, Jorge B. Vargas, and G. A. Daza; all of Manila, Philippines, their associates and successors, are hereby created a body corporate and politic in deed and in law, by the name, style and title of "Boy Scouts of the Philippines" (hereinafter called the corporation). The principal office of the corporation shall be in Metropolitan Manila, Philippines.1

Section 2. The said corporation shall have perpetual succession, with power to sue and be sued; to hold such real and personal estate as shall be necessary for corporate purposes, and to receive real and personal property by gift, devise, or bequest; to adopt a seal, and the same to alter or destroy at pleasure; to have offices and conduct its business and affairs in the City of Manila and in the several provinces, cities, municipalities and barrios of the Philippines; to make and adopt by-laws, rules and regulations not inconsistent with the laws of the Philippines, and generally to do all such acts and things (including the establishment of regulations for the election of associates and successors) as may be necessary to carry into effect the provisions of this Act and promote the purposes of said corporation.

Section 3. The purpose of this corporation shall be to promote, through organization, and cooperation with other agencies, the ability of boys to do things for themselves and others, to train them in scoutcraft, and to teach them patriotism, courage, self-reliance, and kindred virtues, using the methods which are now in common use by boy scouts.

Section 4. Until such time as the corporation shall have acquired by purchase, gift or other equitable arrangement from and with the Boy Scouts of America all of the existing assets and properties of the aforesaid Boy Scouts of America in the Philippines, it shall carry on its operations in accordance with such arrangements as it may make with said Boy Scouts of America; and the corporation created by this Act shall defray and provide for any debts or liabilities to the discharge of which said assets of the Boy Scouts of America shall be applicable, but said corporation shall have no power to issue certificates of stock or to declare or pay dividends, its objects and purposes being solely of a benevolent character and not for pecuniary profit by its members.

Section 5. The governing body of the said corporation shall consist of a National Executive Board composed of (a) the President of the Philippines or his representative: (b) the charter and life members of the Boy Scouts of the Philippines; (c) the Chairman of the Board of Trustees of the Philippine Scouting Foundation; (d) the Regional Chairman of the Scout Regions of the Philippines; (e) the Secretary of Education and Culture, the Secretary of Social Welfare,2 Secretary of National Defense, the Secretary of Labor, the Secretary of Finance, the Secretary of Youth and Sports, and the Secretary of Local Government and Community Development; (f) an equal number of individuals from the private sector; (g) the National President of the Girl Scouts of the Philippines; (h) one Scout of Senior age from each Scout Region to represent the boy membership; and (I) three representatives of the cultural minorities. Except for the Regional Chairman who shall be elected by the Regional Scout Councils during their annual meetings, and the Scouts of their respective regions, all members of the National Executive Board shall be either by appointment of cooption, subject to ratification and confirmation by the Chief Scout, who shall be the Head of State. Vacancies in the Executive Board shall be filed by a majority vote of the remaining members, subject to ratification and confirmation by the Chief Scout. The by-laws may prescribe the number of members of the National Executive Board necessary to constitute a quorum of the board, which number may be less than a majority of the whole number of the board. The National Executive Board shall have power to make and to amend the by-laws, and, by a two-thirds vote of the whole board at a meeting called for this purpose, may authorize and cause to be executed mortgages and liens upon the property of the corporation.

The National Executive Board shall, by resolution passed by a majority of the whole board, designate three or more of their number to constitute an executive or governing committee, of which a majority shall constitute a quorum, which Committee, to the extent provided in said resolution or in the by-laws of the corporation, shall have and exercise the powers of the executive board in the management of the business affairs of the corporation, and may have power to authorize the seal of the corporation to be affixed to all papers which may require it. The National Executive Board, by the affirmative vote of a majority of the whole board, may appoint any other standing committees, and such standing committees shall have and may exercise such powers as shall be conferred or authorized by the by-laws. With the consent in writing and pursuant to an affirmative vote of a majority of the members of said corporation, the National Executive Board shall have authority to dispose in any manner of the whole property of the corporation.3

Section 6. The National Executive Board shall meet once every three months at a time and place to be designated in the by-laws.

The annual meeting of the incorporators, their associates and successors, shall be held once in every year after the year of incorporation at such time and place as shall be likewise prescribed in the by-laws, when the annual reports of the officers and executive board shall be presented. Special meetings of the corporation may be called upon such notice as may be prescribed in the by-laws. The number of members which shall constitute a quorum at any annual or special meeting shall be prescribed in the by-laws. The members and executive board shall have power to hold their meetings and keep the seal, books, documents, and papers of the corporation within or without the Metropolitan Manila.4

Section 7. The corporation created by this Act shall adopt distinctive badges, uniforms and insignia for the Scouts of the Philippines and once adopted shall have the sole and exclusive right to use the titles, emblems, uniforms, badges, descriptive or designating marks, words and phrases used by the Scouts of the Philippines in carrying out its program in accordance with the purposes of this Act.5

Section 8. Any donation or contribution which from time to time may be made to the Boy Scouts of the Philippines by the Government or any of its subdivisions, branches, offices, agencies or instrumentalities shall be expended by the Executive Board in pursuant of this Act.

Section 9. On or before the first of April of each year, the said corporation shall make and transmit to the President of the Philippines a report of its proceedings for the year ending December thirty-first preceding, including a full, complete, and itemized report of receipts and expenditures of whatever kind.

Section 10. From and after the passage of this Act, it shall be 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 of or an agent for, the Boy Scouts of the Philippines; and any person who violates any of the provisions of this Act shall be punished by imprisonment of not to exceed six months or a fine not exceeding five hundred pesos, or both, in the discretion of the court.

Section 10-A. Until such time as the reorganization and restructuring of the Executive Board, in accordance with Section 5 as amended is effected, the Honorable Carlos P. Romulo, Chairman of the Golden Jubilee Board and one of the founders of the Organization and a charter member thereof, is hereby appointed Interim Chairman of the Board and President of the Organization and authorized to organize an interim body to conduct the affairs of the Boy Scouts of the Philippines and to take the necessary steps to effect such reorganization within six (6) months from date of this decree.6

Section 11. This Act shall take effect upon its approval.

Approved, October 31, 1936.

Footnote

* As amended by PD 460.

1 Words in bold in the text above is the amendment introduced by PD 460 Section 1, approved promulgated May 17, 1974.

Statutory History of Section 1:

Original text The original provisions of section 1, being similar to the amended provisions, supra, except for the word in bold, are not reproduced here.

2 Now Secretary of Social Services and Development.

3 Words in bold in the text above are amendments introduced by PD 460, section 2, promulgated May 17, 1974.

Statutory History of section 5:

Original text

Sec. 5. The governing body of the said corporation shall consist of an executive board composed of [residents of the Philippines. The number, qualifications, and terms of office of members of the executive board shall be prescribed by the by-laws. The persons mentioned in section one of this Act shall constitute the first executive board and shall serve until their successors are elected and have qualified.] Vacancies in the executive board shall be filled by a majority vote of the remaining members [thereof.] The by-laws may prescribe the number of members of the executive board necessary to constitute a quorum of the board, which number may be less than a majority of the whole number of the board. The executive board shall have power to make and to amend the by-laws, and, by a two-thirds vote of the whole board at a meeting called for this purpose, may authorize and cause to be executed mortgages and liens upon the property of the corporation. The executive board [may], by resolution passed by a majority of the whole board, designate three or more of their number to constitute an executive or governing committee, of which a majority shall constitute a quorum, which committee to the extent provided in said resolution or in the by-laws of the corporation, shall have and exercise the power of the executive board in the management of the business affairs of the corporation, and may have power to authorize the seal of the corporation to be affixed to all papers which may require it. The executive board, by the affirmative vote of a majority of the whole board, may appoint any other standing committees, and such standing committees shall have and may exercise such powers as shall be conferred or authorized by the by-laws. With the consent in writing and pursuant to an affirmative vote of a majority of the members of said corporation, the executive board shall have authority to dispose in any manner of the whole property of the corporation. (Ed. Note: Words in brackets were deleted in Pd 460, supra.)

4 Words in bold in the text above are amendments introduced by PD 460, section 3, promulgated May 17 1974.

Statutory History of section 6:

Original text

Sec. 6. An annual meeting of the incorporators, their associate and successors, shall be held once in every year after the year of incorporation, at such time and place as shall be prescribed in the by-laws, when the annual reports of the officers and executive board shall be presented [and members of the executive board elected for the ensuing year.] Special meeting of the corporation may be called upon such notice as may be prescribed in the by-laws. The number of members which shall constitute a quorum at any annual or special meeting shall be prescribed in the by-laws. The members and executive board shall have power to hold their meetings and keep the seals, books, documents, and papers of the corporation within or without the [City of] Manila, (Ed. Note: Words in brackets were deleted in PD 460, supra.)

5 Words in bold in the text above are amendments introduced by PD 460, section 4, promulgated May 17, 1974.

Statutory History of section 7.

Original text

Sec. 7. [Until] the corporation created by this Act shall [have adopted] distinctive badges, uniforms and insignia for the Boy Scouts of the Philippines, [it may continue to utilize for its purposes the badges, uniforms and insignia of the Boy Scouts of America,] and once adopted it shall have the sole and exclusive right [in the Philippines to have and] to use the titles, emblems, badges, [insignia,] descriptive or designating marks, words and phrases used by the [Boy] Scouts of the Philippines n carrying out its program in accordance with the purposes of this Act. (Ed. Note: Words in brackets were deleted in PD 460 supra.)

6 Section 10-A was inserted by PD 460, section 5, promulgated May 17, 1974.


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