AN ACT RECOGNIZING THE PHILIPPINE NATIONAL RED CROSS AS AN INDEPENDENT

Case Overview and Summary

Summary of Republic Act No. 10072 (Philippine Red Cross Act of 2009):

Declaration of Principles and State Policies (Section 2):
- The State shall act in conformity with the Geneva Conventions of 1949, their additional protocols, and the Statutes of the International Red Cross and Red Crescent Movement.
- The State shall establish and promote an independent and autonomous non-governmental Red Cross Society to provide humanitarian relief and assistance.
- The State shall respect the Red Cross Society's adherence to the fundamental principles of humanity, impartiality, neutrality, independence, voluntary service, unity, and universality.

Philippine Red Cross (Section 3):
- The Philippine Red Cross is recognized as the voluntary, independent, and autonomous non-governmental society auxiliary to the authorities of the Philippines in the humanitarian field.
- It shall assist the authorities in discharging obligations under the Geneva Conventions and the Statutes of the International Red Cross and Red Crescent Movement.
- It shall be the only national Red Cross society in the Philippines, directed by a central body, and perform duties over the entire Philippine territory.

Purposes of the Philippine Red Cross (Section 4):
- Cooperate with public authorities in disease prevention, health promotion, and mitigation of human suffering through education, health, and social welfare programs. (Section 4a)
- Organize emergency relief operations and services to assist the sick and wounded of armed forces in armed conflict, in accordance with the Geneva Conventions. (Section 4b)
- Perform duties resulting from the Philippines' adherence to the Geneva Conventions. (Section 4c)
- Act in matters of voluntary relief and communication between the people, armed forces, and other national societies during peace and armed conflict. (Section 4d)
- Establish and maintain a national and international relief system during peace and armed conflict, and alleviate suffering caused by natural or man-made disasters. (Section 4e)
- Devise and promote services to improve the health, safety, and welfare of the Filipino people and all peoples in general. (Section 4f)
- Devise means to make every citizen and resident of the Philippines a member of the Philippine Red Cross. (Section 4g)

Privileges of the Philippine Red Cross (Section 5):
- Enter into agreements with public authorities and accept provisions for the cost of services entrusted to it. (Section 5a)
- Own and hold real and personal properties, and accept bequests, donations, and contributions. (Section 5b)
- Exemption from all direct and indirect taxes, including value-added tax (VAT), fees, and charges on income, operations, importations, purchases, donations, legacies, gifts, and real property taxes. (Section 5c)
- Allotment of at least one (1) lottery draw yearly by the Philippine Charity Sweepstakes Office for disaster relief operations, in addition to existing lottery draws for the Blood Program. (Section 5d)

Membership (Section 6):
- Membership is open to the entire population in the Philippines, regardless of citizenship.
- Any contribution to the Philippine Red Cross Annual Fund Campaign entitles the contributor to membership for one (1) year, and the contribution is deductible in full for taxation purposes.

Central Body (Section 7):
- The Board of Governors is the central body, composed of 30 members: 6 appointed by the President of the Philippines, 18 elected by chapter delegates, and 6 elected by the 24 already chosen members.
- The term of office for Board members is four (4) years, renewable by the appointing power or elective bodies.
- Vacancies are filled by election by the Board, except for presidential appointees, which are filled by the President.
- The President of the Philippines is the Honorary President of the Philippine Red Cross.
- Officers (Chairman, Vice Chairman, Secretary, Treasurer, Counselor, Assistant Secretary, and Assistant Treasurer) are elected by the Board from among its members for a two (2) year term and may be re-elected.
- The biennial meeting of chapter delegates is held to elect Board members and advise on activities, but may be postponed during emergencies.
- The Board has the power to ordain, adopt, and amend bylaws, rules, and regulations, including those governing chapters.
- Board members and officers serve without compensation, while staff compensation is determined by the Board upon the Secretary General's recommendation.
- The Philippine Red Cross is financed primarily by contributions obtained through solicitation campaigns organized by the Board and conducted by chapters.
- The Board promulgates rules and regulations for chapters, conforming to bylaws and fixing their relationship, territorial jurisdictions, and number of delegates based on population, fund campaign potentials, and service needs.
- The Philippine Red Cross submits an annual report to the President of the Philippines at the end of each calendar year.

Unlawful Solicitation (Section 8):
- It is unlawful for any person to solicit, collect, or receive money, materials, or property by falsely representing themselves as a member, agent, or representative of the Philippine Red Cross.

Red Cross Name and Emblem (Section 9):
- The use of the name "Red Cross" is reserved exclusively for the Philippine Red Cross.
- The use of the emblem of the Red Greek Cross on a white ground is reserved exclusively for the Philippine Red Cross, medical services of the Armed Forces of the Philippines, and other authorized medical facilities or institutions.
- It is unlawful for 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 imitation thereof for any purpose.

Penal Clause (Section 10):
- Any person, natural or juridical, violating any section of this Act shall be liable to a fine of not less than Fifty thousand pesos (P50,000.00) or imprisonment for a term not exceeding one (1) year, or both, at the discretion of the court for each violation.
- If the violation is committed by a corporation or association, the penalty shall devolve upon the president, director, or any other officer responsible for the violation.

Repealing Clause (Section 11):
- Republic Act No. 95, as amended, is hereby repealed.
- All other laws, decrees, orders, rules, and regulations inconsistent with this Act are repealed or modified accordingly.

Separability Clause (Section 12):
- If any provision of this Act is declared invalid, the remainder of the Act or any provision not affected shall remain in full force and effect.

Effectivity (Section 13):
- This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in at least two (2) newspapers of general circulation.