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OCA Circular No. 37-1998

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OCA Circular No. 37-1998 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 <I staffs in front of said buildings every flag nearest the staff or the canvass to April 9 (Araw ng Kagitingan) •.May 1 AN ACT PRESCRIBING THE which the halyard is attached; (Labor Day); May 28 (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.
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