(NAR) VOL. 24 NO. 4 / OCTOBER - DECEMBER 2013
PREAMBLE
We, the Filipino veterans of wars and military campaigns, dedicating ourselves to God, country, people, in order to uphold and defend the democratic way of life as envisioned in the Constitution of the Republic of the Philippines, recognize and respect the identity of the individual veteran, their widows and orphans, enrich our cultural heritage, nurture the traditions of sincerity, courage, integrity and humanity, assist in the efforts of our government to instill discipline and unity among our people, to observe peace and order, to foster love of country and to inculcate individual and collective civic consciousness, preserve our dignity and enjoyment of equal opportunities for a better life, do hereby promulgate, adopt and ordain this Constitution and Bylaws pursuant to Republic Act No. 2640, as amended.
Article I
Name, Office and Seal
Section 1. Name. - The name of this organization shall be “Veterans Federation of the Philippines” or “VFP” for short, hereafter referred to as the “Federation”.
Section 2. Office. - The principal office of the Federation shall be located in the City of Manila, Philippines.
Section 3. Seal. - The seal of the Federation shall consist of a royal blue oval field. In the center is a golden kris in an upright position, point up, the grip facing to its right. Superimposed across the kris is a narra branch containing twenty three leaves. A red, white and blue ribbon is tied to and hangs from the stem of the branch. A gold sun with eight rays and three gold stars arranged around it are to the right of the point. Inscribed on a gold band around the field is the name “VETERANS FEDERATION OF THE PHILIPPINES”.
Article II
Nature
The Federation shall be non-sectarian and non-political in character. Affiliation thereto shall not increase or diminish liability for military service.
Article III
Powers
The said Federation shall have perpetual succession, with power to sue and be sued; to hold such real and personal property as shall be necessary for its purposes, and to receive real and personal property by gift, devise or bequest; to invest its funds for the exclusive benefit of the veterans of the Philippines; to extend, within its capabilities, all necessary assistance, and operate such enterprise as may further the material or moral well-being of veterans; to adopt a seal, and to alter or destroy the same at pleasure; to have offices and conduct its business and affairs in the City of Manila and/or provinces, cities, municipalities and barrios of the Philippines and to amend said laws, regulations and rules; to establish and operate branches of its offices anywhere in the Philippines; to publish a magazine and/or publications; and generally, to do all such acts and things as may be necessary to carry into effect the provisions of Republic Act No. 2640, as amended, and to promote the purpose of said Federation.
Any action or decision of the Federation or of the Supreme Council shall be subject to the approval of the Secretary of National Defense.
Article IV
Aims and Purposes
Section 1. The aims and purposes of the Federation shall be as follows:
In general, the Federation shall exist solely for purposes of a benevolent character, and not for pecuniary profit of its members.
Article V
Organization and Membership
Section I. Composition - The Federation is composed of organizations under the following categories:
1) | Fraternal Organizations - Integrated by veterans bound together by common experiences such as service in the same military organization or participation in the same military campaign or practice of the same profession or possession of the same classification or category; and |
2) | Regional Veterans Organizations - Integrated by veterans residing or found in the same geographical areas in accordance with the country’s existing political subdivisions such as in provinces or congressional districts. |
Membership in different veterans organizations is allowed.
Section 2. Definition of Veteran - For the purpose of and when used in this Constitution and Bylaws, a veteran shall mean any person who served in the naval, air, or land arms or service of the Philippines at some time in the Philippine revolution, or World Wars I or II, or in the United States Army Forces in the Far East in World War II, or in the Philippine Expeditionary Force to Korea in the Korean Campaign, or in any armed conflict in which the Philippines may be involved in the future, or retirees of the Armed Forces of the Philippines who had served in the military service for a minimum of ten years: Provided, however, that said veterans, or retirees have been honorably discharged or separated from the service or continue in the active military service or are carried on the military rosters on inactive reserve.
Section 3. Requirements for Membership in the Federation - Member organizations are organizations complying with Section 1 hereof, which subscribe to the Federation’s aims and purposes, agree to abide by this Bylaws and willing to accept the responsibilities of membership. It shall have a set of duly-elected officers with their respective addresses and shall maintain a principal office address.
Affiliate Organizations shall have at least fifty (50) members who are veterans as defined herein and whose annual membership fees are being deducted from their pensions and remitted to the Federation by the Philippine Veterans Affairs Office pursuant to Section 23, Republic Act No. 6948, as amended.
Absent any of the foregoing requirements, the organization shall not be affiliated with the Federation or if already affiliated, it shall be deactivated as members of the Federation. Deactivated members shall not participate in the activities of the Federation and shall cease to receive social and material benefits accruing to any member of the Federation, except those benefits and privileges provided by other laws.
Section 2. Definition of Veteran - For the purpose of and when used in this Constitution and Bylaws, a veteran shall mean any person who served in the naval, air, or land arms or service of the Philippines at some time in the Philippine revolution, or World Wars I or II, or in the United States Army Forces in the Far East in World War II, or in the Philippine Expeditionary Force to Korea in the Korean Campaign, or in any armed conflict in which the Philippines may be involved in the future, or retirees of the Armed Forces of the Philippines who had served in the military service for a minimum of ten years: Provided, however, that said veterans, or retirees have been honorably discharged or separated from the service or continue in the active military service or are carried on the military rosters on inactive reserve.
Section 3. Requirements for Membership in the Federation - Member organizations are organizations complying with Section 1 hereof, which subscribe to the Federation’s aims and purposes, agree to abide by this Bylaws and willing to accept the responsibilities of membership. It shall have a set of duly-elected officers with their respective addresses and shall maintain a principal office address.
Affiliate Organizations shall have at least fifty (50) members who are veterans as defined herein and whose annual membership fees are being deducted from their pensions and remitted to the Federation by the Philippine Veterans Affairs Office pursuant to Section 23, Republic Act No. 6948, as amended.
Absent any of the foregoing requirements, the organization shall not be affiliated with the Federation or if already affiliated, it shall be deactivated as members of the Federation. Deactivated members shall not participate in the activities of the Federation and shall cease to receive social and material benefits accruing to any member of the Federation, except those benefits and privileges provided by other laws.
Members of deactivated organizations shall have the option to transfer membership to another veterans organization affiliated with the Federation of his own choice, subject however to the membership requirements of that veteran’s organization.
Section 4. Application for Membership in the Federation - The application for membership in the Federation shall be made in writing in a form provided for the purpose duly supported by a resolution of the Board or the governing body of the veterans organization.
Section 5. Veterans’ Widows, Sons & Daughters, and Orphans – Veterans’ Widows, Sons & Daughters, and Orphans may organize into separate, independent and exclusive associations for purposes similar to the aims and purposes of the member-organizations, and may affiliate with the Federation as associate member without the right to vote or be voted upon, subject further to the rules and regulations issued by the Supreme Council and approved by the Secretary of National Defense. They shall undertake complementary activities with the Federation and such other activities approved by the Supreme Council.
Section 6. Duties of Member-Organization - Every member-organization shall have the following duties:
Section 7. Rights of Member-Organization - Every member-organization in good standing shall have the following rights: a. Participate in the activities of the Federation and receive the social and material benefits accruing to every member of the Federation; b. Avail of and enjoy the services of the Federation; c. Participate in the deliberations during membership assembly and meetings; d. Vote and be voted upon; e. Seek any elective position, subject to the provisions of this Bylaws; f. Inspect and examine the books of accounts, the minutes book, and other records of the Federation during regular office hours and exercise other rights and privileges of membership; and g. Enjoy such other rights appurtenant to member-organization
A member-organization in good standing is one which has not violated any provision of this Constitution and Bylaws, the rules and regulations issued by the Supreme Council, the policies and decisions of the Federation, and complies with all obligations, duties, and undertakings of membership.
Section 8. Termination of Membership - Membership in the Federation may be terminated in any of the following:
Section 9. No membership fee or dues shall be returned to any member in case of withdrawal, expulsion or dissolution.
Article VI
Organizational Structure
Section 1. Structure - The following units shall comprise the structural organization of the Federation:
Section 2. Personnel - Subject to the approval of the Supreme Council and the Secretary of National Defense, the Federation President shall set-up the personnel plantilla of the National Office and such other offices of the Federation as may be necessary in the implementation of its aims and purposes. The Federation President shall hire and appoint the necessary personnel and staff of the offices in accordance with the Civil Service Rules and Regulations, Republic Act No. 10149 (GOCC Governance Act of 2011), and other existing laws.
Article VII
Government
Section 1. The Federation is under the control and supervision of the Secretary of National Defense. Any action or decision of the Federation or of the Supreme Council shall be subject to the approval of the Secretary of National Defense.
Section 2. The Regular National Assembly of Member Organizations - The member organizations acting through their respective Heads or their elected delegates in the event of inability of the incumbent, shall meet in a national assembly once a year, presided by the Chairman of the Supreme Council, to be held on the last Saturday of March at the principal office of the Federation or at such other place within Metro Manila and at such time as the Supreme Council may designate, for the following purposes:
Section 3. Special Assembly - For purposes of special election or removal of a member of the Supreme Council, a special assembly of member-organizations may be called at any time by the at least two-thirds (2/3) of the members of the Supreme Council, or by the Secretary of National Defense.
Section 4. Minutes of the Assembly - The Corporate Secretary shall keep and preserve the minutes of the assembly as record of business transacted at such assemblies. Copies thereof shall be submitted to the Supreme Council and the Secretary of National Defense.
Section 5. Notice of Assembly of Member-Organizations - The Corporate Secretary shall serve written notices to each member at its last known address at least two (2) weeks prior to the date of the intended assembly.
For the annual national assembly of member-organizations, such notices shall be accompanied by the minutes of meeting of the previous national assembly, consolidated audited financial statements, proposed amendments to the Constitution and Bylaws, if any, and other documents needed by the member-delegates to arrive at sound and intelligent decisions during the assembly.
Notice of any special assembly shall state the purpose for which it is to be called and no business other than the stated purpose or those related thereto shall be considered in the meeting.
Section 6. Agenda - The order of business at each annual meeting shall be:
Section 7. Quorum at the Assembly - At the annual or special national assembly fifty percent plus one (50% + 1) of the members entitled to vote shall constitute a quorum.
Section 8. Manner of Voting.
The Supreme Council
Section 9. Supreme Council - The governing body of the Federation shall be the Supreme Council (SC) composed of not more than thirty five (35) eligible veterans as follows:
Section 10. Powers - The Supreme Council shall exercise the following powers:
Any action or decision of the Supreme Council shall be subject to the approval of the Secretary of National Defense.
Section 11. Election of the Members of the Council - The members of the Supreme Council shall be elected by the eligible member-organizations represented by their Heads or their elected delegates in the event of inability of the incumbent Head, at the annual general assembly from the list of eligible candidates approved by the Secretary of National Defense.
For this purpose, the Heads of member-organizations or their elected delegates as mentioned above may file their Certificates of Candidacy with the Supreme Council.
The Supreme Council shall submit to the Secretary of National Defense the list of eligible candidates from those who filed their Certificates of Candidacy, and from which list, the Secretary of National Defense shall select and approve the final list of candidates.
Section 12. Term of Office - Members of the Supreme Council shall hold office for a term of one (1) year unless earlier removed for cause, or resigned or incapacitated due to illness or death, and until their successors have been elected and qualified. No member of the Supreme Council shall serve for more than three (3) consecutive terms.
Section 13. Qualifications of the Members of the Supreme Council –
Section 15. Vacancies - When vacancy in the Council occurs by reason of death, incapacity, resignation, or expiration of the authority of the Head/delegate of the organization, the vacancy shall be filled by the organization concerned by designating the successor who shall serve for the unexpired portion of the term, subject to the approval of the Secretary of National Defense.
Section 16. Removal of Council Members and Officers - Council members and officers may be removed from office for cause by two-thirds (2/3) vote of the voting members constituting a quorum at a special national assembly called for the purpose, subject to the confirmation of the Secretary of National Defense.
Officers of the Council
Section 17. Officers of the Council - The Officers of the Supreme Council include a Chairman, a Vice-Chairman, a Corporate Secretary, and the Chairmen of the Committees. The duties and responsibilities of the said Officers shall be defined by the Supreme Council except as herein provided.
Section 18. Corporate Secretary - The Supreme Council shall appoint a Corporate Secretary from among its members who shall act as the Secretary of the Supreme Council and Secretary of the Executive Board. The duties of the Corporate Secretary are:
The Executive Board
Section 19. Members; election; composition - The Supreme Council shall elect from among themselves the members of the Executive Board ten (10) days from the annual general assembly, as follows:
The Chairman and the Vice-Chairman of the Supreme Council are Ex-Officio Members. The Chairman shall be the Presiding Officer of the Board and the Vice-Chairman shall be the Vice-Chairman of the Board.
Section 20. Functions - The Board shall act on all matters for and in behalf of the Supreme Council in between meetings of the latter. It shall promulgate its own rules of procedures in the performance of its functions subject to the approval of the Supreme Council.
Section 21. Meetings. - The Executive Board shall hold a regular meeting every month. The Chairman, on his own initiative or upon written request of at least three (3) members, may call a special meeting in case of urgency.
Section 22. Confirmation of Actions - All resolutions and actions of the Executive Board shall be submitted to the Supreme Council for confirmation at its next regular or special meeting and approved by the Secretary of National Defense. Committees
Section 23. Committees - The Supreme Council shall create the following Committees and such other committees to assist in the performance of its functions:
Section 24. Members - The Supreme Council shall select from among its members the Chairman of each Committee. The selected Chairman shall in turn select his members from the active Federations members or from among the Executive officers of the Federation.
Section 25. Functions of the Committees - All committees shall function as advisory bodies of the Supreme Council and the Executive Board. Their specific functions and duties shall be prescribed by the Supreme Council and approved by the Secretary of National Defense.
Section 26. Rules of Procedures of the Committees - The Committees shall adopt within one (1) month from organization their respective rules of procedures. Each rules of procedures shall be approved by the Supreme Council.
Article VIII
Management
Section 1. Federation President - The Chairman of the Supreme Council shall be the Federation President. He shall be the Chief Executive Officer (CEO) of the federation.
Section 2. Federation Executive Vice-President - The Federation Executive Vice President (EVP) shall be appointed by the SND upon recommendation by the Supreme Council. He shall be the Chief Operating Officer (COO) of the Federation.
Section 3. Other Executive Officers - The Federation shall have a Vice-President for Finance, Vice-President for Administration, Vice-President for Operation, General Manager of VFP Industrial Complex and such other Executive Officers as may be appointed by the Secretary of National Defense upon recommendation of the Supreme Council.
Section 4. Duties of the Federation President - The Federation President shall have the following duties:
Section 5. Duties of the Federation Executive Vice-President - The Federation Executive Vice-President shall have the following duties:
Section 6. Vice-President for Finance - The Vice -President for Finance shall have the following duties:
Section 7. Vice-President for Administration - The Vice-President for Administration shall have the following duties:
Section 8. Duties of the Vice-President for Operation - The Vice- President for Operation shall have the following duties:
Section 9. Power of the Supreme Council to Discipline/Remove Officers. - Subject to existing Civil Service Laws, rules and regulations, and ensuring compliance with the requirements of due process, the Supreme Council shall have the authority to discipline, or remove from office, the appointive executive officers, upon a majority vote of all the members of the Council and approval of the Secretary of National Defense.
Article IX
Finance and Resources
Section 1. Financial and Resources Management - The Federation shall adopt the financial and management system prescribed for public corporations under existing laws, rules and regulations. Such system shall at all times be transparent, responsible and accountable and carried out with the utmost degree of professionalism and effectiveness.
All disbursements of funds of the Federation shall be guided by its character as benevolent organization existing not for pecuniary profit of its members.
Section 2. Fiscal Year - The fiscal year of this Federation shall commence on the first day of January and ends on the last day of December.
Section 3. Compensation - The members of the Supreme Council and the Officers shall not receive compensation except as otherwise allowed by the Republic Act No. 10149 (GOCC Governance Act of 2011) and other existing laws.
Section 4. Revenues - The revenues of the Federation shall be derived from its share of the membership dues from the member-organizations; donations and contributions; income from its properties, business operations, enterprises, and investments; and such other sources allowed by existing laws.
Section 5. Budget - The annual budget and any special supplemental budget of he Federation shall be submitted by the Supreme Council to the Secretary of National Defense for approval.
Section 6. Member Organization Funds - Member-organizations shall have a proportionate share in the revenues of the Federation as may be prescribed by the Supreme Council subject to the approval of the SND. Funds in excess of the operating expenses of the Federation shall be set aside for this purpose, subject to rules and conditions set by the Supreme Council.
Section 7. Collection of Membership Dues through Pension Deduction - Pursuant to Section 23, Republic Act No. 6948, as amended, a veteran or widow shall be deducted the annual membership dues by the Philippine Veterans Affairs Office (PVAO) from their pensions for direct remittance to the Federation: Provided, that the consent to be deducted for their annual membership dues to the Federation shall be manifested in the VFP registration form submitted to PVAO.
Article X
General Provisions
Section 1. Parliamentary Procedures - The Supreme Council may promulgate rules and regulations governing the conduct of meetings, otherwise the Robert’s Rules of Order shall prevail.
Section 2. Promulgation of Member-Organization’s Constitution and Bylaws - Member-Organizations shall adopt and promulgate their own Constitution and Bylaws: Provided, that such Constitution and Bylaws are in conformity with Republic Act No. 2640 and this Constitution and Bylaws.
Section 3. Separability Clause - Any provision of this Constitution and Bylaws which is found to be inconsistent with the Constitution of the Republic of the Philippines, Republic Act No. 2640, statutes, decrees, executive orders and the like shall not invalidate the other provisions of this Constitution and Bylaws.
Article XI
Transitory Provisions
Section 1. Management Committee - Until the members of the Management Executives Staff shall have fully capacitated in accordance herewith, the Department of National Defense constituted Management Committee shall assist the federation in instituting reforms in accordance herewith. Within two (2) years from the approval of this Constitution and Bylaws, the Management Committee shall take steps to organize the Federation in accordance with Republic Act No. 2640, as amended, and other applicable laws.
Section 2. SEC Registration - All member-organizations shall, within two (2) years from membership in the Federation, register as corporate entity with the Securities and Exchange Commission (SEC).
Article XII
Amendments
Section 1. Amendments - This Constitution and Bylaws may be amended or repealed, in whole or in part, or a new one adopted, through the initiative of the Governance Committee which shall submit to the Supreme Council the proposal for such amendments or repeal for review and appropriate recommendation to the Secretary of National Defense. Any amendment or repeal under this provision shall be ratified by the members in the annual regular general assembly.
Article XIII
Effectivity
This Constitution and Bylaws shall take effect upon approval by the Secretary of National Defense.
(SGD) VOLTAIRE T. GAZMIN
Secretary of National Defense