REPUBLIC ACT No. 95
AN ACT TO INCORPORATE THE PHILIPPINE NATIONAL RED
CROSS
WHEREAS, there was
developed at Geneva, Switzerland, on August 22, 1864, a convention by which the
nations of the world were invited to join together in diminishing, so far as
lies within their power, the evils inherent in war;
WHEREAS, more than sixty
nations of the world have ratified or adhered to the subsequent revision of
said convention, namely the "Convention of Geneva of July 29, 1929 for the
Amelioration of the Condition of the Wounded and Sick of Armies in the
Field" (referred to in this Charter as the Geneva Red Cross Convention);
WHEREAS, the Geneva Red
Cross Convention envisages the establishment in each country of a voluntary
organization to assist in caring for the wounded and sick of the armed forces
and to furnish supplies for that purpose;
WHEREAS, the Republic of
the Philippines became an independent nation on July 4, 1946 and proclaimed its
adherence to the Geneva Red Cross Convention on February 14, 1947, and by that
action indicated its desire to participate with the nations of the world in
mitigating the suffering caused by war and to establish in the Philippines a
voluntary organization for that purpose as contemplated by the Geneva Red Cross
Convention;
WHEREAS, there has existed
in the Philippines since 1917 a Charter of the American National Red Cross
which must be terminated in view of the independence of the Philippines; and
WHEREAS, the volunteer
organizations established in other countries which have ratified or adhered to
the Geneva Red Cross Convention assist in promoting the health and welfare of
their people in peace and in war, and through their mutual assistance and
cooperation directly and through their international organizations promote
better understanding and sympathy among the peoples of the world: Now,
therefore:
Section
1
There is hereby created in
the Republic of the Philippines a body corporate and politic to be the
voluntary organization officially designated to assist the Republic of the
Philippines in discharging the obligations set forth in the Geneva Red Cross
Convention and to perform such other duties as are incumbent upon a national
Red Cross society. The headquarters of this Corporation shall be located at the
National Capital of the Republic of the Philippines.
Section
2
The name of this
Corporation shall be "The Philippine National Red Cross"
and by that name shall have perpetual succession with the power to sue and be
sued; to own and hold such real and personal estate as shall be deemed
advisable and to accept bequests, donations and contributions of property of
all classes for the purposes of this Corporation hereinafter set forth; to
adopt a seal and to alter and destroy the same at pleasure; and to have the
right to adopt and to use, in carrying out its purposes hereinafter designated,
as an emblem and badge, a red Greek cross on a white ground, the same as has
been described in the Geneva Red Cross Convention, and adopted by the several
nations ratifying or adhering thereto; to ordain and establish by-laws and
regulations not inconsistent with the laws of the Republic of the Philippines,
and generally to do all such acts and things as may be necessary to carry into
effect the provisions of this Act and promote the purposes of said
organization; and the corporation hereby created is designated as the
organization which is authorized to act in matters of relief under said
Convention. In accordance with Article 21 of the Geneva Red Cross Convention,
the delivery of the brassard allowed for individuals neutralized in time of war
shall be left to military authority. The red Greek cross on a white ground, as
has been described in the Geneva Red Cross Convention is not, and shall not be
construed as a religious symbol, and shall have equal efficacy and
applicability to persons of all faiths, creeds and beliefs. The Philippine
National Red Cross shall have jurisdiction over the entire territory of the
Philippines.
Section
3
That the purposes of this
Corporation shall be as follows:
(a)
To furnish
volunteer aid to the sick and wounded of armed forces in time of war, in
accordance with the spirit of and under the conditions prescribed by the Geneva
Red Cross Convention to which the Republic of the Philippines proclaimed its
adherence on February fourteen, nineteen hundred and forty-seven;
(b)
For the purposes
mentioned in the preceding subsection, to perform all the duties devolving upon
the Corporation as a result of the adherence of the Republic of the Philippines
to the said Convention;
(c)
To act in matters
of voluntary relief and in accord with the authorities of the Armed Forces as a
medium of communication between the people of the Republic of the Philippines
and their Armed Forces, in time of peace and in time of war, and to act in such
matters between similar national societies of other governments and the
Government and people and the Armed Forces of the Republic of the Philippines;
(d)
To establish and
maintain a system of national and international relief in time of peace and in
time of war and apply the same in meeting the emergency needs caused by
typhoons, floods, fires, earthquakes, and other natural disasters and to devise
and carry on measures for minimizing the suffering caused by such disasters;
and
(e)
To advise and
promote such other services in time of peace and in time of war as may be found
desirable in improving the health, safety and welfare of the Filipino people
and as do not infringe upon the functions of the government.
Section
4
Regular membership in the
Philippine National Red Cross shall be open to all the adult population in the
Philippines. Any contribution to the Philippine National Red Cross Annual Fund
Campaign shall entitle an individual to membership for one year.
Junior membership in the
Philippine National Red Cross may be authorized under such rules, regulations
and policies as shall be prescribed by the Board of Governors.
Section
5
The governing powers and
authority shall be vested in the Board of Governors, a body of thirty members,
six of whom shall be appointed by the President of the Philippines, fifteen of
whom shall be elected by the Chapter delegates in an Annual Meeting, and the
remaining nine shall be selected by the twenty-one members of the Board of
Governors already chosen. At least one but not more than three of the
Presidential appointees shall be chosen from among members of the Armed Forces
of the Philippines. The term of office of all members of the Board of Governors
shall be three years. Any member of the Board of Governors who has served two
consecutive full terms of three years each shall be ineligible for membership
on the Board for at least two years. The six appointed, the fifteen elected,
and the nine selected members first chosen under the provisions of this Act
shall, by lot, divide themselves into three groups equal in number, with terms
expiring at the end of one year, two years and three years, respectively, so
that thereafter one-third of the members shall be chosen each year.
Vacancies in the Board of
Governors caused by death or resignation shall be filled by election by the
Board of Governors at its next meeting, except that vacancies among the
Presidential appointees shall be filled by the President.
The President of the
Philippines shall be the Honorary President of the Philippine National Red
Cross. The officers shall consist of a Chairman, a Vice-Chairman, a Secretary,
a Treasurer, and a Counsellor, all of whom shall be elected by the Board of
Governors from among its membership. The officers shall be elected for a term
of one year and may be re-elected. The election of officers shall take place
within sixty days after all the members of the Board of Governors have been
chosen and have qualified.
A meeting of Chapter
delegates shall be held within the first sixty days of each calendar year to
elect members of the Board of Governors and advise the Board of Governors on
the activities of the Philippine National Red Cross.
The members of the Board
of Governors, as well as the regulations shall be vested in the Board of
Governors.
The members of the board
of Governors, as well as the officers of the corporation, shall serve without
compensation. The compensation of the paid staff of the Corporation shall be
determined by the Board of Governors upon the recommendation of the Manager.
Section
6
As a national voluntary
organization, the Philippine National Red Cross shall be financed primarily by
contributions obtained through personal solicitation campaigns which shall be
organized by the Board of Governors and conducted by the Chapters in their
respective jurisdictions. These fund raising campaigns shall be conducted
independently of other drives for funds.
Section
7
The Board of Governors
shall establish rules and regulations for the organization of local units of
the Philippine National Red Cross to be known as Chapters. Said rules and
regulations shall fix the relationship of the Chapters to the Corporation,
define the territorial jurisdiction of the Chapters and allocate the number of
Chapter delegates to which each Chapter shall be entitled. In fixing such
allocation, consideration shall be given both to the size of the membership of
the Chapters and to the size of the populations in the territories served by
the Chapters. For the purpose of electing members of the first Board of
Governors the Philippine Red Cross is hereby authorized to allocate voting
delegates for each of the existing branches of the Philippine Red Cross and to
take such action as may be required to bring about the election by said voting
delegates of the fifteen members of the Board of Governors required by Sec.
four thereof.
Section
8
Upon its organization, the
Philippine National Red Cross Society shall be authorized to assume all the
responsibilities of the Philippine Red Cross and to succeed to all the right,
title and interest of the Philippine Red Cross to property of all classes
within the territory of 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
The Corporation shall, at
the end of every calendar year submit to the President of the Philippines, an
annual report containing the activities of the corporation and showing clearly
its exact financial condition, the sources of all receipts and the purposes of
all disbursements.
Section
10
It shall be unlawful for
any person to solicit, collect, or receive money, material, or property of any
kind, falsely representing or pretending himself to be a member, agent or
representative of the Philippine National Red Cross; or for any person to wear
or display the sign of the Red Cross or any insignia made or colored in
imitation thereof for the fraudulent purpose of inducing the belief that he is
a member or representative of or agent for the Philippine National Red Cross.
The use of the name Red
Cross is reserved exclusively to the Philippine National Red Cross and the use
of the emblem of the red Greek cross on a white ground is reserved exclusively
to the Philippine National Red Cross and the medical services of the Armed
Forces of the Philippines as provided in Article 28 of the Geneva Red Cross
Convention. It shall be unlawful of any other person or entity to use the words
Red Cross or Geneva Cross or to use the emblem of the red Greek Cross on a
white ground or any designation, sign or insignia constituting an imitation
thereof for any purpose whatsoever.
As used in this article,
the term person shall include any legal person, group, or legal entity of
whatsoever nature, and any person violating any section of this article shall
upon conviction therefor be liable 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. In case the violation is
committed by a corporation or association, the penalty shall devolve upon the
president, director or any other officer responsible for such violation.
Section
11
All acts or parts of acts
which are inconsistent with the provisions of this Act are hereby repealed.
Section
12
This Act shall take effect
upon its approval.
Approved:
March 22, 1947
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