Amending Republic Act No. 95 (As Amended By Republic Acts No. 855 And 6373)An Act To Incorporate The Philippine National Red Cross

Case Overview and Summary

Summary of Presidential Decree No. 1264

Establishment and Purpose of the Philippine National Red Cross
- Creates the Philippine National Red Cross (PNRC) as a body corporate to assist the Philippines in fulfilling obligations under the Geneva Conventions. (Section 1)
- Grants PNRC the right to use the red Greek cross emblem and have perpetual succession, sue and be sued, own property, and adopt by-laws. (Section 2)
- Outlines the purposes of PNRC, including providing aid to armed forces, acting as a communication medium, establishing relief systems, promoting health and welfare services, and making every citizen a member. (Section 3)

Powers and Privileges of PNRC
- Authorizes PNRC to secure loans not exceeding its previous year's budget. (Section 4a)
- Exempts PNRC from duties, taxes, fees, and charges on imports, purchases, donations, and fund drives. (Section 4b)
- Allocates one lottery draw yearly from the Philippine Charity Sweepstakes Office for disaster relief operations, in addition to existing draws for the Blood Program. (Section 4c)

Membership and Governance
- Opens membership to the entire population of the Philippines, with annual fund contributors becoming members for one year. Contributions are tax-deductible. (Section 5)
- Establishes a Board of Governors with 30 members: 6 appointed by the President, 18 elected by chapter delegates, and 6 elected by the Board. At least 1 but not more than 3 Presidential appointees shall be from the Armed Forces. (Section 6)
- Specifies the term of office for Board members as 4 years, with a maximum of two consecutive full terms. Vacancies are filled by election or Presidential appointment. (Section 6a, 6b)
- Designates the President of the Philippines as the Honorary President of PNRC. Outlines the election of officers (Chairman, Vice-Chairman, Secretary, Treasurer, Counselor, Assistant Secretary, and Assistant Treasurer) by the Board for 2-year terms. (Section 7)
- Mandates biennial meetings of chapter delegates to elect Board members and advise on PNRC activities, unless postponed during emergencies. (Section 8)
- Vests the power to adopt and amend by-laws in the Board of Governors. (Section 9)
- Specifies that Board members and officers serve without compensation, while staff compensation is determined by the Board upon the Secretary General's recommendation. (Section 10)

Financing and Organization
- Requires PNRC to be financed primarily by contributions obtained through solicitation campaigns organized by the Board and conducted by Chapters. (Section 11)
- Authorizes the Board to promulgate rules and regulations for organizing local Chapters, defining their jurisdictions and determining the number of delegates based on population, fund potential, and service needs. (Section 12)
- Mandates PNRC to submit an annual report to the President, detailing its activities, financial condition, receipts, and disbursements. (Section 13)

Prohibitions and Penalties
- Prohibits falsely representing oneself as a member, agent, or representative of PNRC for soliciting, collecting, or receiving money, materials, or property. (Section 14)
- Reserves the exclusive use of the words "Red Cross" and "Geneva Cross" and the red Greek cross emblem to PNRC, the Armed Forces medical services, and authorized medical facilities. (Section 15)
- Imposes penalties of a fine not less than 1,000 pesos or imprisonment not exceeding 1 year, or both, for violations. For corporations or associations, the penalty applies to the responsible president, director, or officer. (Section 16)

Repealing Clause and Effectivity
- Repeals all acts or parts of acts inconsistent with this Decree. (Section 17)
- Declares the Decree to take effect immediately. (Section 17)