Creating The Marcos Golf Foundation Of The Philippines, Defining Its Objectives, Powers, Functions And For Other Purposes

Case Overview and Summary

Summary of Presidential Decree No. 1783

Establishment of the Marcos Golf Foundation of the Philippines
- Section 1: Creates a body corporate called the Marcos Golf Foundation of the Philippines, with its main executive offices in Metro Manila.

Purposes and Objectives of the Foundation
- Section 2: The Foundation shall render assistance to golf enthusiasts in the Philippines with the following objectives:
• Promote golf in the country as a basis for developing sports programs. (Section 2a)
• Provide equipment for the promotion of golf. (Section 2b)
• Construct, maintain, and operate golf courses and facilities. (Section 2c)
• Purchase suitable land for developing golf clubs and facilities. (Section 2d)
• Import golf equipment free from taxes and customs duties. (Section 2e)
• Standardize the conduct of playing golf and oversee all golf associations and clubs. (Section 2f)
• Make necessary standard rules for playing golf within the context of the ancient rules of golf. (Section 2g)
• Raise funds through fees, donations, contributions, and other lawful means. (Section 2h)
• Provide incentives for the development of golf. (Section 2i)
• Conduct local and international competitions for the promotion of golf. (Section 2j)
• Perform other functions necessary for accomplishing its objectives. (Section 2k)

Governing Body and Functions
- Section 3: The Foundation shall have a Board of Trustees composed of a Chairman and four other members appointed by the President of the Philippines. The Board may appoint an Executive Officer.
- Section 4: The Board shall have the following powers and functions:
• Adopt a constitution and by-laws for its internal organization. (Section 4a)
• Facilitate with international or regional golf associations. (Section 4b)
• Purchase, sell, lease or encumber properties of the Foundation for accomplishing its objectives. (Section 4c)
• Conduct local, inter-region or international competitions for promoting golf. (Section 4d)
• Discipline erring members for misconduct and willful violations of rules, regulations, and policies. (Section 4e)
• Appoint representatives among members to represent the country in foreign competitions. (Section 4f)
• Render an annual report to the President of the Philippines regarding its finances and activities. (Section 4g)
• Perform other acts necessary for implementing the Foundation's objectives. (Section 4h)

Membership and Admission
- Section 5: The Foundation shall have professional and amateur golf players as members, classified according to individual ability. It shall be the umbrella of all golf associations in the Philippines. Individuals or associations may apply for membership.
- Section 6: Applications for membership, individually or by association, shall be made in the proper form provided by the Foundation and accompanied by required information. Members shall pay monthly or yearly dues as determined by the Foundation.

Duties, Obligations, and Disciplinary Action
- Section 7: Acceptance of membership binds the person or association to uphold the constitution, by-laws, rules, and regulations of the Foundation, and abide by decisions of the Board of Trustees.
- Section 8: Members who willfully and continuously fail to comply with obligations may be suspended or expelled by a vote of three Board members, after due notice and opportunity to be heard. Members may also be expelled for dishonesty, disloyalty, gross misconduct, willful violation of provisions, or acts inimical to the Foundation's interests and objectives.

Tax Exemptions
- Section 9: Donations, contributions, bequests, subsidies, or financial aid to the Foundation shall be exempt from taxes and constitute allowed deductions from the donor's income for tax purposes. Cash prizes awarded in professional tournaments sanctioned or sponsored by the Foundation shall be exempt from all taxes. Foreign contributions shall constitute allowable deductions from the income tax of the donor's branch, affiliate, or subsidiary corporation doing business in the Philippines. The Foundation, its assets, acquisitions, income, operations, and transactions shall be exempt from all taxes, fees, duties, charges, imposts, licenses, and assessments imposed by the Republic of the Philippines or any of its instrumentalities, political subdivisions, or taxing authorities.

Effectivity Clause
- Section 10: This Decree shall take effect immediately.