Executive Order No. 109 of the Chairman of the Philippine Executive Commission

by Chairman of the Philippine Executive Commission

OFFICE OF THE CHAIRMAN OF THE EXECUTIVE COMMISSION
MALACAÑAN PALACE

BY THE CHAIRMAN OF THE EXECUTIVE COMMISSION

EXECUTIVE ORDER NO. 109

ESTABLISHING A NATIONAL SERVICE ASSOCIATION TO BE KNOWN AS "KAPISANAN SA PAGLILINGKOD SA BAGONG PILIPINAS" (KALIBAPI).

Pursuant to the authority conferred upon me as Head of the Central Administrative Organization by Order No. 1 in connection with Order No. 3 of the Commander-in-Chief of the Imperial Japanese Forces in the Philippines, and upon the recommendation of the Executive Commission, it is hereby ordered that—

Article I. Organization and Powers

SECTION 1. There is hereby created and established a non-political service association which shall be called "Kapisanan sa Paglilingkod sa Bagong Pilipinas" (Association for Service to the New Philippines). This Association may likewise be referred to as "KALIBAPI." The Association shall have its principal office in the City of Manila, Philippines.

SEC. 2. The Association shall have the power to receive real and personal property by gift, devise or bequest, and to adopt a seal. It shall enjoy the general powers mentioned in the Corporation Law and shall be subject to the provisions thereof in so far as the same are compatible with the terms of this Order; and, for the attainment of its purposes, may perform any act which a corporation, copartnership or natural person may lawfully do under the laws now in force or which may hereafter be enacted.

Article II. Purposes

SEC. 3. The Association is organized for the following purposes:

(1) To render such services as will bring about the rapid reconstruction of the Philippines and the rehabilitation of its people, for which purpose it shall strive (a) to secure the unification of the Filipino people of all classes through the development in them and among them of the conviction that the permanent security, well-being, and happiness of the Filipinos depend on the permanent security of the Philippines; and (b) to coordinate all activities and services of organizations or individuals that are or may hereafter be concerned with the development or promotion of the welfare of the people socially, spiritually, physically, culturally, economically or otherwise;

(2) To insure a stable foundation for the New Philippines by fostering (a) the cultural, moral, spiritual, and economic advancement of the people by giving encouragement to the above-mentioned activities and by invigorating in them such oriental virtues as hard work, faith, self-reliance, loyalty, bravery, discipline, and self-sacrifice; and (b) the development of a more sturdy and vigorous race of Filipinos by attending to the physical development of the people through a wise supervision of physical exercise and wholesome recreational and outdoor activities, particularly sports, and athletic meets and contests;

(3) To assist the Filipino people in fully comprehending the significance of, and to strengthen their adherence to, the principles of the Greater East Asia Co-Prosperity Sphere;

(4) To secure for the New Philippines its rightful place in the Greater East Asia Co-Prosperity Sphere as a worthy member thereof;

(5) To adhere strictly to the policies of the Imperial Japanese Forces in the Philippines in their administration and to render service in the establishment of the Greater East Asia Co-Prosperity Sphere; and

(6) To do any and all acts which will facilitate the reconstruction of the New Philippines, and contribute to the advancement of the Greater East Asia Co-Prosperity Sphere.

Article III. Membership

SEC. 4. Any Filipino, not less than 18 years of age, who identifies himself with the ideals, aims and purposes of the Association and who is of good standing in the community may qualify as a member thereof.

SEC. 5. Any qualified person who desires to join the Association may become a member by filing an application in accordance with the form to be prescribed for the purpose, with the principle office or with the local chapter of the Association.

SEC. 6. A member shall observe and obey all the principles enunciated herein or as may hereafter be promulgated by the proper authorities to guide his norm of conduct and shall, at all times, strive to work for the realization of the aims and purposes of the Association, subordinating himself and his interests to those of his country, particularly in connection with the building of the New Philippines. He shall be entitled to participate in the general meetings of the Association, to seek the aid of the Association and all the members thereof in case of necessity, and to enjoy all such privileges as may be accorded him by virtue of his membership. Certificates of membership shall be issued to each member duly signed and attested by the proper officials of the Association.

SEC. 7. No membership fee shall be collected from the members of the Association.

SEC. 8. Any member who shall commit any act or acts unworthy of a good Filipino, or antagonistic to the aims and purposes of the Association, or who in any way shall not follow strictly the principles prescribed in this Order or any rules that may hereafter be promulgated by the duly constituted authorities of the Association, may be expelled therefrom and shall forfeit all rights and privileges inherent to membership therein.

Article IV. Officers and Constituent Bodies

SEC. 9. The government of the affairs and the promotion of the aims and purposes of the Association shall be entrusted to the President with the assistance of a Vice-President and Director-General, an Advisory Board, and an Executive Staff.

Article V. The President

SEC. 10. The Chairman of the Executive Commission shall ex officio be, and assume the duties of, the President of the Association. He shall fix and determine the policies of the Association with the advice and assistance of the Advisory Board. He shall appoint, with the approval of the Commander-in-Chief of the Imperial Japanese Forces, the Vice-President and Director-General, the Chiefs of the bureaus or offices of the Association, and three Directors-at-large representing, respectively, Luzon, Visayas and Mindanao.

SEC. 11. The President shall have the power: (1) to lay down the policies of the Association with the advice of the Advisory Board and the approval of the Commander-in-Chief of the Imperial Japanese Forces; (2) to initiate and adopt all measures necessary to carry out the aims and purposes of the Association; (3) to exercise all powers pertaining to the business of the Association and to hold and control all property of the Association subject only to existing laws, this Executive Order, and the orders of the Commander-in-Chief of the Imperial Japanese Forces; (4) to pass upon all reports submitted by the Executive Staff and all actions taken by the latter; (5) to appoint such committees as he may deem necessary to study and report on certain matters submitted to him for consideration; (6) to approve the budget of the Association with the approval of the Commander-in-Chief of the Imperial Japanese Forces; (7) to make rules and regulations not inconsistent with the provisions of this Order and the existing laws or with circumstances, and to enforce obedience thereto; (8) to approve the "plantilla" of the personnel of the Association; and (9) to exercise such other powers as may, according to this Order and subsequent enactments, be properly exercised by him.

SEC. 12. The President shall preside at all regular and special meetings of the Advisory Board.

SEC. 13. The President shall, from time to time or when so requested, submit a report on the activities of the Association to the Commander-in-Chief of the Imperial Japanese Forces.

Article VI. Vice-President and Director-General

SEC. 14. The Director-General shall be the Vice-President of the Association and shall be the head of the Executive Staff. He shall execute all the measures adopted and decisions rendered by the President. For this purpose, he shall have executive supervision and control over the bureaus and offices of the Association and shall be accountable for the exercise of such powers directly to the President. He shall fix the salaries and appoint the subordinate personnel of the Association in conformity with the approved budget and plantilla. In the absence of the President, the Vice-President and Director-General shall perform the duties of the President.

Article VII. Advisory Board

SEC. 15. The members of the Philippine Executive Commission shall service ex officio in the Advisory Board of the President with the end in view of bringing about a better administration of the affairs of the Association through a closer cooperation and coordination of its activities with those of the Central Administrative Organization.

SEC. 16. The Advisory Board shall be composed of the Vice-President and Director-General, the members of the Philippine Executive Commission, the Chiefs of bureaus or offices of the Association, and three Directors-at-large, who shall serve for two years, unless sooner relieved by the President.

SEC. 17. The meetings of the Advisory Board shall be presided over by the President of the Association and shall be held at his call in his office or at such other place as may be designated by him.

Article VIII. Executive Staff

SEC. 18. The executive and administrative powers of the Association shall be vested in and discharged by the Executive Staff. At the head of the Staff shall be assisted by the Chiefs of the bureaus and offices of the Association and who shall be directly responsible to him.

Article IX. Bureaus and Offices

SEC. 19. There shall be a Bureau of General Affairs, a Research and Planning Bureau, a Bureau of Provincial and Municipal Branches, a Bureau of Publicity, the Office of the Secretary-Treasurer, and such other bureaus and offices as the President, after consultation with the Advisory Board, may subsequently establish.

SEC. 20. The Bureau of General Affairs shall attend to all matters relating to moral, physical, cultural and economic rehabilitation, education, employment, and liaison services.

SEC. 21. The Research and Planning Bureau shall conduct researches, studies and investigations and formulate plans and devise ways and means to carry out the aims and purposes of the Association.

SEC. 22. The Bureau of Provincial and Municipal Branches shall take charge of the organization and coordination of all the activities of the Association in the provinces, cities, and municipalities.

SEC. 23. The Bureau of Publicity shall take charge of the dissemination of information on the aims and purposes of the Association through the press, radio, cinema, stage, posters, meetings, rallies, and/or other appropriate means, in coordination with the proper Japanese military authorities.

SEC. 24. The Office of the Secretary-Treasurer shall look after the administrative affairs of the Association and, in addition, shall take charge of its funds, assets, properties, personnel, records and general financing.

Article X. Auditor

SEC. 25. The Auditor General and Director of the Budget shall ex officio be the Auditor of the Association. His duties shall be to examine and inspect the books, records and papers relating to the accounts of the Association, to make a careful check and audit of all its funds and properties, and to submit to the president the necessary reports regarding any anomalies or irregularities that may be noted in the examination, inspection and audit of such accounts.

Article XI. Local Chapters

SEC. 26. In each province, city, and municipality, there shall be organized local chapters of the Association with a view to carrying out within its jurisdiction the aims and purposes of the Association. The provincial governor and city or municipal mayor shall ex officio be the head of their respective local chapters. The municipal chapters may also organize branches in its barrios and sitios and designate them as subsidiary groups. The particular duties and functions of local chapters as well as the governing bodies thereof shall be in accordance with such rules and regulations as may be promulgated by the President of the Association after consultation with the Advisory Board. At all times these local chapters shall be under the immediate supervision and control of the central office and none of their acts shall be valid if, in the opinion of the President, the same are contrary to any of the aims or purposes of the Association or to any provision of this Order or of subsequent amendments or specific rules promulgated by him.

Article XII. General Assembly of Members

SEC. 27. There shall be a general assembly of members of the Association which shall be composed of two duly accredited representatives from each and every provincial or city chapter. It shall, whenever possible, meet once a year on the second Monday of January.

SEC. 28. The general assembly of members may adopt such recommendations as may be necessary for the purpose of promoting the aims and purposes of the Association.

Article XIII. Fund of the Association

SEC. 29. The funds of the Association shall consist of contributions made by the Philippine Executive Commission or by entities and persons interested in the aims and purposes of the Association.

SEC. 30. The expenditure of the Association's funds shall be made in accordance with a budget prepared by the Vice-President and Director-General and approved by the President and the Commander-in-Chief of the Imperial Japanese Forces.

Article XIV. General Provisions

SEC. 31. The Association shall use an emblem to symbolize the ideals for which the Association stands. Such emblem shall be in the form of a diamond with a white circle in the center of a red field. The emblem may be printed in the official correspondence of the Association.

SEC. 32. No person shall hereafter be employed in any department, bureau, office, agency or instrumentality of the Central Administrative Organization, including the judicial courts, the local governments and the government-owned or controlled corporations, unless he is a member of the Association: Provided, That nothing herein shall be construed as dispensing with the civil service and such other requirements as may be prescribed by existing laws or regulations for employment in the government service.

Article XV. Penal Provisions

SEC. 33. From and after the promulgation of this Executive Order, it shall be unlawful for any Filipino or group of Filipinos to establish, organize or form any association, union or corporation which is similar in character or name to the Association herein established, and any violation of this provision shall be punished by a fine of not more than one thousand pesos or imprisonment of not more than one year, or by both such fine and imprisonment, in the discretion of the court.

SEC. 34. Any person who shall falsely represent or induce others to believe himself as a member of, or an agent for, the Association, or who shall solicit, collect or receive money, material or property of any kind thereby pretending to be a member, agent or representative of the Association, or who shall wear or display the name, emblem, or device of the said Association, or any imitation thereof, for any fraudulent purpose, shall be punished by a fine of not more than five hundred pesos or imprisonment for not more than six months, or by both such fine and imprisonment, in the discretion of the court.

Article XVI. Amendments

SEC. 35. This Executive Order may be amended by the Chairman of the Executive Commission after consultation with the Advisory Board. Such amendments shall take effect upon their approval by the Commander-in-Chief of the Imperial Japanese Forces.

Article XVII. Effectivity

SEC. 36. This Order shall take effect upon its approval by the Commander-in-Chief of the Imperial Japanese Forces in the Philippines.

Done in the City of Manila, Philippines, this 4th day of December, 1942.

(Sgd.) JORGE B. VARGAS
Chairman of the Executive Commission

APPROVED by the Commander-in-Chief of the Imperial Japanese Forces in the Philippines on December 4, 1942.

Source: Official Gazette. Manila, Philippines. Vol. 1. Bureau of Printing. 1942. pp. 857–861.