Ra 8491: The Flag And Heraldic Code Of The Philippines PDF

RA 8491 An Act Prescribing the Code of the National Flag, Anthem, Motto, Coat-of-Arms and other Heraldic Items and Devices of the Philippines  SECTION 1 Short Title: This act shall be known as the “Flag and Heraldic Code of the Philippines”.  SECTION...

RA 8491 An Act Prescribing the Code of the National Flag, Anthem, Motto, Coat-of-Arms and other Heraldic Items and Devices of the Philippines  SECTION 1 Short Title: This act shall be known as the “Flag and Heraldic Code of the Philippines”.  SECTION 2 Declaration of Policy Reverence and respect shall at all times be accorded the flag, the anthem and other national symbols which embody the national ideals and traditions and which express the principles of sovereignty and national solidarity. The heraldic items and devices shall seek to manifest the national virtues and to inculcate in the minds and hearts of our people a just pride in their native land, fitting respect and affection for the national flag and anthem, and the proper use of the national motto, coat-of- arms and other heraldic items and devices.  SECTION 3 Definition of Terms a. “Military” shall mean all branches of the Armed Forces of the Philippines including the Philippine National Police, the Bureau of Jail Management and Penology, and the Bureau of Fire Protection;  SECTION 3 Definition of Terms b. “Festoon” shall mean to hang in a curved shape between two points as a decoration;  SECTION 3 Definition of Terms c. “Flag” shall mean the Philippine National Flag, unless stated otherwise;  SECTION 3 Definition of Terms d. “Fly” shall mean the part of the flag outside the hoist or length;  SECTION 3 Definition of Terms e. “Symbol” shall mean any conventional sign which reveals man’s achievement and heroism (for orders and decorations), identification, authority and a sign of dignity (for coat-of-arms, logo and insignia);  SECTION 3 Definition of Terms f. “Half-Mast” shall mean lowering the flag to one-half the distance between the top and bottom of the staff;  SECTION 3 Definition of Terms g. “Hoist” shall mean the part of the flag nearest the staff or the canvass to which the halyard is attached;  SECTION 3 Definition of Terms h. “Inclement Weather” shall mean that a typhoon signal is raised in the locality; i. “National Anthem” shall mean the Philippine National Anthem’  SECTION 3 Definition of Terms j. “Official Residences” shall mean Malacañang, and other government-owned structures where the President resides, and other structures occupied by the Philippine Consulate or Embassies abroad;  SECTION 3 Definition of Terms k. “Places of Frivolty” shall mean places of hilarity marked by or providing boisterous merriment or recreation; and  SECTION 3 Definition of Terms l. “Institute” shall mean the National Historical Institute.  CHAPTER 1 THE NATIONAL FLAG  SECTION 4 A. DESIGN OF THE FLAG The flag of the Philippines shall be blue, white and red with an eight-rayed golden- yellow sun and three five- pointed stars, as consecrated and honored by the people.  SECTION 4 3 Stars Luzon, Visayas (Panay), Mindanao 8 Rays of the Sun - MaPaBuLaCaNBaTa Manila, Pampanga, Bulacan, Laguna, Cavite, Nueva Ecija, Batangas, Tarlac SECTION 4  SECTION 5 B. HOISTING AND DISPLAY OF THE NATIONAL FLAG The flag shall be displayed in all public buildings, official residences public plazas, and institutions of learning everyday throughout the year.  SECTION 6 The flag shall be permanently hoisted, day and night throughout the year, in front of the following;  SECTION 6 all International Ports of Entry and all other places as maybe designated by the Institute. These sites must be properly illuminated at night.  SECTION 7 The flag shall also be displayed in private buildings and residences or raised in the open flag-staffs in front of said buildings every:  April 9 (Araw ng Kagitingan);  May 1 (Labor Day);  May 28 (National Flag Day) to June 12 (Independence Day);  last Sunday of August (National Heroes Day);  November 30 (Bonifacio Day); and  December 30 (Rizal Day); and  on such other days as may be declared by the President and/or local chief executives.  SECTION 8 All government agencies and instrumentalities, and local government offices, government-owned corporations and local government units are enjoined to observe flag day  SECTION 9 The National Flag shall be flown on:  all naval vessels and on merchant ships of Philippine registry, of more than one thousand (1,000) gross tons.  SECTION 9 The National Flag shall be flown on:  all aircraft of Philippine registry, the National Flag shall be prominently displayed horizontally on its fuselage at the head portion with the hoist side pointing the forward direction  SECTION 10 The flag, if flown from a flagpole, shall have its blue field on top in time of peace and the red field on top in time of war; if in a hanging position, the blue field shall be to the right (left of the observer) in time of peace, and the red field to the right (left of the observer) in time of war. SECTION 10  SECTION 11 If planted on the ground, the flagpole shall be at a prominent place and shall be of such height as would give the National Flag commanding position in relation to the buildings in the vicinity. The flagpole must not be of equal height or higher than the Independence Flagpole (107 feet in height) at the Rizal Park, Manila. SECTION 11  SECTION 12 When the National Flag is flown with flag or flags of other countries, the flags must be of equal size and on separate staffs of the same height. The National Flag shall be hoisted first and lowered last.  SECTION 12 When displayed in a semi-circle of flags with other countries or house flags, the National Flag should be at the center. When displayed in a circle of flags with other countries or house flags, the National Flag should be flown on the flagpole facing the main road (point of reference- KM 0 Rizal Park, Manila); or in front of a monument; or the main entrance of the building. The flags of other countries or house flags should be arranged counter-clockwise in alphabetical order, by precedence or by protocol. SECTION 12 SECTION 12 SECTION 12  SECTION 13 When displayed with another flag, the Philippine flag shall be on the right of the other flag.  SECTION 13 If there is a line of other flags, the Philippine flag shall be in the middle of the line.  SECTION 13 When carried in a parade with flags, which are not national flags, the Philippine flag shall be in front of the center of the line.  SECTION 14 A worn-out National Flag should not be thrown away. It should be solemnly burned to avoid misuse or desecration. The National Flag shall be replaced immediately when it begins to show signs of wear and tear.  SECTION 15 The National Flag shall be raised at sunrise and lowered at sunset. It shall be on the mast at the start of official school and office hours and shall remain flying throughout the day.  SECTION 16 The National Flag may be displayed: a. Inside and/or outside a building, on a stationary or movable flagpole. If the National Flag is displayed indoors on a flagpole, it shall be placed at the left of the observer as one enters the room;  SECTION 16 b. From the top of a flagpole, which shall be at a prominent place or a commanding position in relation to the surrounding buildings; c. From a staff projecting upward from the window sill, roof, canopy, balcony, or facade of a building;  SECTION 16 d. In a suspended position from a rope extending from a building to a pole erected away from the building; e. Flat against the wall vertically with the sun and stars on top;  SECTION 16 f. Hanging vertically in the middle of the two-way traffic road, the blue field should be pointing east, if the road is heading south or north and if the road is heading east or west the blue field should be pointing north; and g. Hanging vertically at the sides or middle of the one-way traffic road, the blue field should be at the left of the observer. SECTION 16  SECTION 16 The National Flag shall not be raised when the weather is inclement. If already raised, the National Flag shall not be lowered for the whole day.  SECTION 18 All government offices, including national or local government units and institutions, shall henceforth observe the flag-raising ceremony every Monday morning and the flag-lowering ceremony every Friday afternoon.  SECTION 23 The National Flag shall be flown at half-mast as a sign of mourning on all the buildings and places where it is displayed, as provided, on the day of the official announcement of the death of any of the following officials:  SECTION 23 a. The President or a former President, for ten (10) days; b. The Vice-President, the Chief Justice of the Supreme Court, the President of the Senate and the Speaker of the House of Representatives, for seven (7) days;  SECTION 23 c. Cabinet Secretaries, Associate Justices of the Supreme Court, Members of the Senate and House of Representatives, the Chief of Staff of the Armed Forces of the Philippines and the Director-General of the Philippine National Police, for five (5) days;  SECTION 23 d. Heads of National Government Agencies, including Government-Owned and Control Corporations and Government Financial Institutions, for three (3) days; e. The Commanding Generals of the Philippine Air Force and the Philippine Army and the Flag Officer in Command of the Philippine Navy, for three (3) days;  SECTION 23 f. Governors, Vice-Governors, city and municipal Mayors, city and municipal Vice Mayors, for three (3) days; g. Members of the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan, on the day of interment;  SECTION 23 h. Barangay Chairmen and the Barangay Councilmen on the day of interment; i. Former National or Local Government Officials, appointive or elective, other than those specified above, on the day of interment, within their former respective territorial jurisdictions and by resolution of their respective Sanggunians;  SECTION 23 j. Regional Directors, Superintendents, Supervisors, Principals, Teachers, and other school officials, on the day of interment and by order of the proper school authorities concerned; k. Recipients of national orders and decorations, on the day of interment and by order of the President or the Congress; and  SECTION 23 l. Other persons to be determined by the Institute, for a period of less than seven (7) days. The National Flag shall also be flown at half-mast during calamities/tragedies of national or international significance as ordered by the Office of the President.  SECTION 23 The National Flag shall be permanently hoisted at half- mast day and night throughout the year at the Tomb of the Unknown Soldier, Libingan ng mgaBayani, Fort Bonifacio, Makati City; Mausoleo de Los Veteranos de la Revolucion, North Cemetery, Manila; and in all memorial cemeteries dedicated to war veterans. The National Flag of these declared sites shall be properly illuminated at night.  SECTION 24 – CASKET The National Flag may be used to cover the caskets of the honored dead of the military, veterans of previous wars, National Artists, and of civilians who have rendered distinguished service to the nation, as may be determined by the local government unit concerned. SECTION 24 – CASKET  SECTION 25– Pledge to the Flag The following shall be the Pledge of Allegiance to the National Flag: Ako ay Pilipino Buong katapatang nanunumpa Sa watawat ng Pilipinas At sabansang kanyang sinasagisag Na may dangal, Katarungan at Kalayaan Na pinakikilos ng sambayanan Maka-Diyos, Maka-tao, Makakalikasan at Makabansa.  SECTION 26 - Flag Days The period from May 28 to June 12 of each year is declared as National Flag Days, during which period all offices, agencies, and instrumentalities of the government, business establishments, institutions of learning, private buildings, and homes are enjoined to display the National Flag.  SECTION 34 – Prohibited Acts It shall be prohibited: a. To mutilate, deface, defile, trample on, cast contempt, or commit any act or omission casting dishonor or ridicule upon the National Flag or over its surface; b. To dip the National Flag to any person or object by way of compliment or salute; industrial, commercial, or agricultural labels or designs.  SECTION 34 – Prohibited Acts c. To use National Flag 1. As drapery, festoon, tablecloth; 2. As covering for ceilings, walls, statues, or other objects; 3. As a pennant in the hood, side, back, and top of motor vehicles; 4. As a staff or whip; 5. For unveiling monuments or statues; and 6. As trademarks, or for industrial, commercial, or agricultural labels or designs.  SECTION 34 – Prohibited Acts d. To display the National Flag: 1. Under any painting or picture; 2. Horizontally. It shall always be hoisted aloft and be allowed to fall freely; 3. Below any platform; or 4. In discotheques, cockpits, night and day clubs, casinos, gambling joints, and places of vice or where frivolity prevails.  SECTION 34 – Prohibited Acts e. To wear the National Flag in whole or in part as a costume or uniform; f. To add any word, figure, mark, picture, design, drawings, advertisement, or imprint of any nature on the National Flag; g. To print, paint, or attach representation of the National Flag on handkerchiefs, napkins, cushions, and articles of merchandise;  SECTION 34 – Prohibited Acts h. To display in public any foreign flag, except in embassies and other diplomatic establishments, and in offices of international organizations; i. To use or display or be part of any advertisement or infomercial; and j. To display the National Flag in front of buildings or offices occupied by aliens.  SECTION 35– National Anthem The National Anthem is entitled “Lupang Hinirang”. SECTION 40– National Motto Maka-Diyos Maka-tao Makakalikasan at Makabansa  SECTION 41– Coat of Arms The coat of arms of the Philippines (Sagisag ng Pilipinas) features the eight-rayed sun of the Philippines.  SECTION 41– Coat of Arms three five-pointed stars representing the Luzon, the Visayas, and Mindanao.  SECTION 41– Coat of Arms On the blue field side is the North American bald eagle of the United States, and on the red field side is the lion rampant of the coat of arms of the Kingdom of León of Spain  SECTION 41– Coat of Arms On the blue field side is the North American bald eagle of the United States, and on the red field side is the lion rampant of the coat of arms of the Kingdom of León of Spain. Beneath, a scroll with the words 'Republic of the Philippines' inscribed thereon SECTION 41– Coat of Arms  SECTION 41– The Great Seal The Great Seal of the Philippines (Dakilang Sagisag ng Pilipinas) It is used to authenticate official documents of the Philippine government.  SECTION 41– The Great Seal It may refer to the physical seal itself or the design impressed upon it. Under the law, the President of the Philippines is given the custody to the seal. SECTION 41– The Great Seal  SECTION 48– Penalties Failure or refusal to observe the provisions of this Act; and any violation of the corresponding rules and regulations issued by the Office of the President shall, after proper notice and hearing, be penalized by public censure which shall be published at least once in a newspaper of general circulation.  SECTION 50– Penalties Any person or judicial entity which violates any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than Five thousand pesos (5,000.00) not more than Twenty thousand pesos (P20,000.00), or by imprisonment for not more than one (1) year, or both such fine and imprisonment, at the discretion of the court:  SECTION 50– Penalties Provided, That for any second and additional offenses, both fine and imprisonment shall always be imposed: Provided, That in case the violation is committed by a juridical person, its President or Chief Executive Officer thereof shall be liable FLAG FOLDING