JRtpublic of tl]c ~lfilippincs $uprcmc q:ourt Ql)fficc of tlJc Ceurt ,AbminiStrator ~anila

CIRCULAR NO. 37 -96

TO ALL EXECUTIVE JUDGES

SUBJECT REPUBLIC ACT NO. 8491

For the information, guidance, and implementation of all concerned, attached are copies of Republic Act No. 8491 .•AN ACT PRESCRIBING THE CODE OF THE NATIONAL FLAG, ANTHEM, MOTTO, COAT-OF-ARMS AND THE OTHER HERALDIC ITEMS AND DEVICES OF THE PHILIPPINES" apprcvedby President Fidel V. Ramos on February 12, 1998.

Please be guided accordingly.

June 22, 1998. ---~~~~~------,~ ALFREDO L. BENIPAYO Court Administrator

Ends.: Copies of RA NO. 8491.

062298 1~ L_e_g_i_SI_a_tl_·o_n 1

g) "Hoist" shall mean the part of the I REPUBLICACTNO.8491 National Flag CODE OF THE NATIONAL FLAG, h) "Inclement Weather" shall mean Day) to June 12 (Independence Day); ANTHEM, MOTTO, COAT-OF- that a typhoon signal is raised in the lo- last Sunday of August (National He- ARMS AND THE OTHER HERAL- cality; roes Day); November 30 (Bonifacio i) "National Anthem" shall mean the DIC ITEMS AND DEVICES OF TIIE Day.) and December 30 (Rizal Day); PHILIPPINES Philippine National Anthem; and on such other days as may be de- Be it enacted by the Senate and j) "Official Residences" shall mean clared by the President and/or local chief House oJ Representatives of the Phil- Malacafiang, and other government- executives. ippines in Congress assembled: owned structures where the President The flag may also be displayed SECTION 1. Short Tit/e. - This Act resides, and other structures occupied throughout the year in private buildings shall be known as the "Flag and Heral- by the Philippine Consulate or Embas- or offices or raised in the open on flag- sies abroad; dic Code of the Philippines." staffs in front ofprivate buildings: Pro- k) "Places of Frivolity" shall mean SEC. 2. Declaration oJ Policy.- vided, That they observe flag-raising Reverence and respect shall at all times places of hilarity marked by or providing ceremonies in accordance with the rules be accorded the flag, the anthem, and boisterous merriment or recreation; and and regulations to be issued by the Of- other national symbols which embody I) "Institute" shall mean the National fice of the President. the national ideals and traditions and Historical Institute. SEC. 8. All government agencies which express the principles of sover- and instrumentalities, and local govern- eignty and national solidarity. The he- CHAPTER I ment offices, government-owned raldic items and devices shall seek to THE NATIONAL FLAG corporations and local government units manifest the national virtues and to in- A. Design of the National Flag are enjoined to observe flag day with SEC. 4. The flag of the Philippines culcate in the minds and hearts of our appropriate ceremonies. Socio-civic shall be blue, white and red with an eight- people a just pride in their native land, groups, non-government organizations rayed golden-yellow sun and three five- fitting respect and affection for the na- and the private sector are exhorted to tional flag and anthem, and the proper pointed stars, as consecrated and cooperate in making the celebrations a use of the national motto, coat-of-arms honored by the people. success. and other heraldic items and devices. B. Hoisting and Display of the Na- SEC. 9, The flag shall be flown on SEC. 3. Defini tion oJ Terms.- tional Flag merchant ships of Philippine registry of Whenever used in this Act, the term : SEC. 5. The flag shall be displayed more than one thousand (1000) gross a) "Military" shall mean all branches in all public buildings, official residences, tons and on all naval vessels. public plazas, and institutions oflearning of the Armed Forces of the Philippines On board naval vessels, the flag shall including the Philippine National Police, every day throughout the year. be displayed on the flag-staff at the SEC. 6. The flag shall be perma- the Bureau of Jail Management and stem when the ship is at anchor. The nently hoisted, day and night through- Penology, and the Bureau of Fire flag shall be hoisted to the gaff at the out the year, in front of the following: at Protection; aftermast when the ship is at sea. b) "Festoon" shall mean to hang in a Malacafiang Palace; the Congress of SEC. 10. The flag, if flown from a the Philippines building; Supreme Court .. curved shape between two points as a flagpole, shall have its blue field on time decoration; . building; the Rizal Monument in Luneta, of peace and red field on top in time of c) "Flag" shall mean the Philippine Manila; Aguinaldo Shrine in Kawit, war; if in a hanging position, the blue National Flag, unless stated otherwise; Cavite; Barasoain Shrine in Malolos, field shall be to the right (left of the ob- d) "Fly" shall mean the part of the Bulacan; the Tomb of the Unknown server) in time of peace, and the red Soldier, Libingan ng mga Bayani; flag outside the hoist or length; field to the right (left of the observer) in e) "Symbol" shall mean any conven- Musoleo de los Beteranos dela time of war. Revolucion; All International Ports of tional sign which reveals man's The flagpole staff must be straight Entry and all other places as may be achievement and heroism (for orders and slightly tapering at the top. and decorations), identification, author- designated by the Institute. SEC. 11. If planted on the ground, The flag shall be properly illuminate.d ity and a sign of dignity (for coat-of- the flagpole shall be at a prominent place at night. arms, logo and insignia); and shall be of such height as would f) "Half-Mast" shall mean lowering SEC. 7. The flag shall also be dis- give the flag commanding position in the flag to one-half the distance between played in private buildings and resi- relation to the buildings in the vicinity. the top and bottom of the staff; dences or raised in the open on flag- If attached to a building, the flagpole

The Lawyers Review/March 31,1998 33 beon top of its roof or anchored across a street, with the blue field point- the flag shall be lowered solemnly and . projecting at an angle upward. ing east, if the road is heading south or slowly so that the flag shall be down QI1 a stage or platform or govern- north, or pointing north if the road is the mast at the sound of the last note of office, the flag shall be at the left heading east or west. the anthem. Those in the assembly shall the stage) or the left of the of- The flag shall not be raised when the observe the same deportment or shall . n entering. weather is inclement. If already raised, observe the same behavior as for the C. 12. When the Philippine flag is the flag shall not be lowered. flag-raising ceremony. with one another flag, the flags, SEC. 17. The flag shall be hoisted to D. Half-Mast are national flags, must be flown the top briskly and lowered ceremoni- SEC. 23. The flag shall be flown at ate staffs of the same height ously. half-mast as a sign of mourning on all shallbe of equal size. The Phi lip- The flag shall never touch anything the buildings and places where it is flagshall be hoisted first and low- beneath it, such as the ground, flood, displayed, as provided for in this Act, last. water or other objects. on the day of official announcement of the other flag is not a national flag, After being lowered, the flag shall the death of any of the following y be flown on the same line yard be handled and folded solemnly as part officials: Philippine flag but below the lat- of the ceremony. a) The President or a former Presi- C. Conduct of Flag Raising Cer- d it cannot be of greater size than dent for ten (l0) days; emony bilippineflag. b) The Vice-President, the Chief Jus- SEC. 18. All government offices and C. 13. When displayed with tice, the President of the Senate and educational institutions shall henceforth rflag, the Philippine flag shall be observe the flag-raising ceremony every the Speaker of the House of Repre- right of the other flag. If there is Monday morning and the flag lowering sentatives, for seven (7) days; and of other flags, the Philippine flag ceremony every Friday afternoon. The c) Other persons to be determined be in the middle of the line. ceremony shall be simple and dignified by the Institute, for any period less than n carried in a parade with flags and shall include the playing or singing seven (7) days. arenot national flags, the Philip- of the Philippine National Anthem. The flag shall be flown at half mast flagshall be in front of the center SEC. 19. The Office of the Presi- on all the buildings and places where line. dent upon the recommendation of the the decedent was holding office, on the C. 14. A flag worn out through Institute shall issue rules and regulations day of death until the day of interment andtear, shall not be thrown away. for the proper conduct of the flag cer- of an incumbent member of the Su- Ibe solemnly burned to avoid mis- cmony. preme Court, the Cabinet, the Senate or desecration. The flag shall be SEC. 20. The observance of the flag or the House of Representatives, and immediately when it begins to ceremony in official or civic gatherings such other persons as may be deter- signs of wear and tear. shall be simple and dignified and shall mined by the Institute. EC. 15. The flag shall be raised at include the playing or singing of the The flag when flown at half-mast lrise and lowered at sunset. It shall anthem in its original Filipino lyrics and shall be first hoisted to the peak for a on the mast at the start of official march tempo. moment then lowered to the half-mast kehours,shall remain flying through- SEC. 21. During the flag-raising cer- position. The flag shall again be raised to the peak before it is lowered for the Ithe day. emony, the assembly shall stand in for- day. ~EC.16. The flag may be displayed: mation facing the flag. At the moment the first note of the anthem is heard, E. Casket I) Inside or outside a building or on everyone in the premises shall come to SEC. 24. The flag may be used to ~llary flagpoles. If the flag is dis- attention; moving vehicles shall stop. All cover the caskets of the honored dead tOO indoor on a flagpole, it shall be persons present shall place their right of the military, veterans of previous :ell at the left of the observer as one palms over their chests, those with hat wars, national artists, and of civilians rs the room; shall uncover; while those in military, who have rendered distinguished serv- I)From the top of a flagpole, which scouting, security guard, and citizens ice to the nation, as may be determined 1be at prominent place or a com- military training uniforms shall give the by the local government unit concerned. dingposition in relation to the sur- salute prescribed by their regulations, In such cases, the flag shall be placed Klingbuildings; which salute .shall be completed upon such that the white triangle shall be at ) From a staff projecting upward the last note of the anthem. the head and the blue portion sha11cover \the window sill, canopy, balcony The assembly shall sing the Philip- the right side of the caskets. The flag icade of a building; pine National Anthem, accompanied by shall not be lowered to the grave or al- ) In a suspended position from a a band, if available, and at the first note lowed to touch the ground, but shall be :extending from a building to pole the flag shall be raised briskly. folded solemnly and handed over to the ted away from the building; The same procedure shall be ob- heirs of the deceased. )Flatagainstthe wall vertically with served when the flag is passing in re- F. Pledge to the Flag sun and stars on top; and view or in parade. . SEC. 25. The following shall be the ) Hanging in a vertical position SEC. 22. During the flag lowering, Pledge of Allegiance to the Philippine

TIllLawyen Rev\ewMarch 31,1998 - Flag: tions, which shall stamp its approval or statues or other objects; Ako ay Pilipino disapproval on the canvass reinforce- 3) As a pennant in the hood, side, Buong katapatang nanunumpa ment of the flag sample submitted. The back and top of motor vehicles. Sa watawat ng Pilipinas samples shall be sent to the Institute by 4) As a staff or whip; At sa bansang kanyang sina- the requisitioning office, not by the flag 5) For unveiling monuments or stat- sagisag supplier; and ues; and Na may dangal, katarungan at c) The Industrial Technology Devel- 6) As trademarks, or for industrial kalayaan opment Institute (ITDI) or the Philip- commercial or agricultural labels or Na pinakikilos ng sambayanang pine Textile Research Institute (PTRI) designs. Maka-Diyos of the Department of Science and d) to display the flag: Maka-tao Technology (DOST) shall evaluate the I) Under any painting or picture; Makakalikasan at quality of material of all flag samples 2) Horizontally face-up. It shall al- Makabansa. and certify whether the fabric for the ways be hoisted aloft and be allowed to Such pledge shall be recited while blue, white, red, and golden yellow fall freely; standing with the right hand with palm colors, including the canvas submitted, 3) Below any platform; or open raised shoulder high. Individuals conforms to government requirement as 4) In discotheques, cockpits, night whose faith and religious beliefs pro- to quality of the material. The samples and day clubs, casinos, gambling joints hibit them from making such pledge shall be sent annually to the ITDIIPTRI and places of vice or where frivolity must nonetheless show full respect by the manufacturer. The laboratory prevails. when the pledge is being rendered by tests results shall be submitted by the e) To wear the flag in whole or in standing at attention. said office to the Institute. part as a costume or uniform; G. Flag Days SEC. 30. All deliveries of the flags f) To add any word, figure, mark, pic- SEC. 26. The period from May 28 requisitioned by the government shall ture, design, drawings, advertisement, to June 12 of each year is declared as be inspected by the requisitioning or imprint of any nature on the flag; flag days, during which period all of- agency's internal inspector and by the g) To print, paint or attach represen- fices, agencies and instrumentalities of Commission on Audit (COA) using the tation of the flag on handkerchiefs, nap- government, business establishments, flag stamped approved by the Institute kins, cushions, and other articles of institutions of learning and private as reference. merchandise; homes are enjoined to display the flag. SEC. 31. In carrying out its respon- h) To display in public any foreign H. Specifications of the sibilities under Section 4 hereof, the In- flag, except in embassies and other dip- National Flag stitute, COA, the ITDIJPTRI shall pre- lomatic establishments, and in offices SEC. 27. The flag shall have the fol- pare guidelines to be approved by the of international organizations; lowing proportions. The width of the Office of the President. i) To use, display or be part of any flag, 1; the length of the flag, 2; and the SEC. 32. All government agencies advertisement or infomercial; and sides of the white triangle, 1. and instrumentalities shall ensure that j) To display the flag in front of build- SEC. 28. The technical specifica- the requirements under this Act with ings or offices occupied by aliens. tions shall be as follows: respect to the standards, requisitions and The blue color shall bear Cable No. delivery of the national flag are strictly CHAPTER II 80 I73; the white-solar, Cable 80001; the complied with. THE NATIONAL ANTHEM red color, Cable No. 80108; and the SEC. 33. All departments, agencies, SEC. 35. The National Anthem is golden yellow, Cable No. 80068. offices, and instrumentalities of the gov- entitled Lupang Hinirang. SEC. 29. In order to establish uni- ernment, government-owned or control- SEC. 36. The National Anthem shall form criteria in the making of our na- led corporations, local government units, always be sung in the national language tional flag and to guarantee its durabil- including barangays, shall include in their within or without the country. The fol- ity by the use of quality materials, the annual budgets the necessary outlay for following standards and procedures shall lowing shall be the lyrics of the National be observed: the purchase of the national flag. Anthem: a) All requisitions for the purchase 1. Prohibited Acts Bayang magiliw, of the Philippine National Flag must be SEC. 34. It shall be prohibited: Perlas ng Silanganan based on strict compliance with the de- a) To mutilate, deface, defile, tram- Alab ng puso, sign, color, craftsmanship and material ple on or cast contempt or commit any Sa Dibdib mo'y buhay requirements of the Government; act or omission casting dishonor or ridi- Lupang Htnirang b) All submitted samples offlags by cule upon the flag or over its surface; Duyan ka ng magiting, accredited suppliers offered for pur- b) To dip the flag to any person or Sa manlulupig chased for government use shall be object by way of compliment or salute: Di ka pasisiil. evaluated as to design, color and crafts- c) To use the flag; Sa dagat at bundok, manship specifications by the Institute, I) As a drapery, festoon, tablecloth; Sa simoy at sa langit mong through its Heraldry and Display Sec- 2) As covering for ceilings, walls, bughaw,

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-May dilag ang tula, vately-owned entities or offices display- priate coat-of-arms, administrative At awit sa pag/ayang minamaha/. ing the national flag and government seals, logo, insignia, badges, patches, --Ang kislap ng watawat mo y institutions of learning are hereby di- and banners; and initiate awards, cita- .Tagumpay na nagniningning, rected to comply strictly with the rules tions, orders or decorations; as may be 'Ang bituin at araw niya, prescribed for the rendition of the an- authorized by Congress or the Office Kailan pa ma y di magdidilim, them. Failure to observe the rules shall of the President. Lupa ng araw ng luwalhati 't be aground for administrative discipline. SEC. 45. Such heraldic devices and gstnta, items shall be filed with the Institute for Buhay ay /angit sa piling mo, CHAPTER III recording and evaluation as to prec- THE NATIONAL MOTTO _Aming ligaya na pag may mang- edence, design, customs and traditions. SEC. 40. The National Motto shall The Institute shall promulgate the cor- 'Pi, be "MAKA-DIYOS, MAKA- TAO, Ang mamatay ng dahi/ sa yo. responding rules and regulations which MAKAKALIKASAN AT MAKA- shall be submitted for approval to th~ SEC. 37. The rendition of the Na- BANSA." Anthem, whether played or sung, Office or the President or to Congress. Ibe in accordance with the musical CHAPTER IV SEC. 46. All government offices in- gement and composition of Julian THE NATIONAL COAT-OF-ARMS eluding the military are hereby ordered elipe. SEC. 41. The National Coat-of- to purchase all heraldic items and de- SEC.38. When the National Anthem Arms shall have: vices from manufacturers accredited playedat a public gathefing, whether Paleways of two (2) pieces, azure and authorized by the Institute. Such a band by a singing or both, or re- and gules; a chief argent studded with items and devices shall be subject to uced by any means, the attending three (3) mullets equidistant from each inspection by the purchasing agency's blicshall sing the anthem. The singing other; and, in point of honor, ovoid ar- internal inspector and the COA repre- st be done with fervor. gent over all the sun rayonnant with. __sentative using the design and specifi- As a sign of respect, aJl persons shaJl eight minor and lesser rays. Beneath cations approved by the Office of the d at attention and face the Philip- shall be the scroll with the words President of by the Congress, through . e flag, if there is one displayed, and "REPUBLIKA NG PILIPINAS," in- the Institute . thereis none, they shall face the band scribed thereon. SEC. 47. No government official or the conductor. At the first note, all employee shall accept any order or ons shall execute a salute by play- CHAPTER V decoration from any foreign govern- g their right palms over their left THE GREAT SEAL ment without the consent of Congress, ests.Those in military, scouting, citi- SEC. 42. The Great Seal shall be cir- and without the prior evaluation and smilitary training and security guard cular in form, with the arms as described documentation of such order or deco- in the preceding section, but without the 'formsshall give the salute prescribed ration by the Institute. scroll and the institution thereon. Sur- their regulations. The salute shall be rounding the whole shall be a double pleted upon the last note of the an- CHAPTER VII marginal circle within which shall ap- m. pear the words "Republika ng Pilipinas." PENALTIES SEC. 48. Failure or refusal to ob- The anthem shall not be played and For the purpose of placing The Great ng for mere recreation, amusement Seal, the calor of the arms shall not be serve the provisions of this Act; and any entertainment purposes except on the deemed essential but tincture represen- violation of the corresponding rules and llowingoccasions: tation must be used. regulations issued by the Office of the a) International competitions where The Great Seal shall also bear the President, shall after proper notice and ePhilippines is the host or has a rep- National Motto. hearing, shall be penalized by public sentative; SEC. 43. The Great Seal shall be censure which shall be published at b) Local competitions; affixed to or placed upon all commis- least once in a newspaper of general c)During the "signing off' and sign- sions signed by the President and upon circulation. . on" of radio broadcasting and tel- such other official documents and pa- The Department of Education, Cul- evisionstations; pers of the Republic of the Philippines ture and Sports and the Commission on i d) Before the initial and last screen- as may be provided by law, or as may Higher Education, upon the recommen- ingof films and before the opening of be required by custom and usage. The dation of the Institute and after proper theaterperformances; and President shall have custody of the notice and hearing, shall cause the e) Other occasions as may be al- Great Seal. cancellation of the recognition or per- owedby the Institute. mit of any private educational institu- SEC. 39. All officials and employ- CHAPTER VI tion which fails or refuses to observe es of the national and local govern- OFFICIAL SEAL AND OTHER HE- the provisions of this Act for the second nent,and any agency or instrumental- RALDIC ITEMS AND DEVICES time. ty thereof, including government- SEC. 44. Any government entity, in- SEC. 49. The Department of Edu- lWI1edor controlled corporations, pri- cluding the military, may adopt appro- cation, Culture and Sports (DECS) and

, The Lawyers RevlewMarch 31,1998 ------:--;------. 1-)

the Commission on Higher Education provisions of this Act is hereby repealed, shallensure that the National Anthem, modified, or amended accordingly. as adopted by law, shall be committed SEC. 5. Effectivtty. - This Act shall tomemory by all students of both pub- take effect fifteen (15) days from the licand private educational institutions, date of its publication in the Official andperformed during the flag ceremony Gazette or in at least two (2) newspa- conducted in accordance with the rules pers of general circulation. and regulations issued by the Office of Approved: February 12, 1998 the President. In addition, they shall makeavailable the vocal, piano or band (Sgd.) FIDEL V. RAMOS scores of the National Anthem, as President of the Philippines adopted by law, to all private and public schools, as well as the general public. SEC. 50. Any person or juridical en- titywhich violates any of the provisions of this Act shall, upon conviction be punished by a fine of not less than Five thousand pesos (P5,000) nor more than Twenty thousand pesos (P20,000), or by imprisonment for not more than one (I) year, or both such fine and impris- onment, at the discretion of the court: Provided, That for any second and ad- ditional offenses, both fine and impris- onment shall always be imposed: Pro- vided, further, That in case the viola- tion is committed by ajuridical person, its President or Chief Executive Officer thereof shall be liable.

CHAPTER VIII COMMON PROVISIONS SEC. 51. The Institute shall issue the necessary rules and regulations to im- plement the provisions of this Act within ninety (90) days after effectivity. The Institute shall submit its rules and regu- lations to the Office of the President and the Congress of the Philippines. SEC. 52. The Institute shall also be responsible for the strict enforcement of the provisions of this Act. It may call upon any government department, agency, office, or government instru- mentality, including government corpo- rations, and local government units, for such assistance as it may deem neces- sary for the effective discharge of its functions under this Act. SEC. 53. Separability Clause. - If any provision, or part hereof, is held invalid or unconstitutional, the remain- der of this Act not otherwise affected shall be valid and subsisting. SEC. 54. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent with, the

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