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JovialGhost

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Don Honorio Ventura State University

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Philippine laws Flag Code National Flag Citizenship

Summary

This document contains the Flag Heraldic Code of the Philippines, encompassing sections on hoisting, displaying, and other related procedures. It covers various aspects, including the various methods of acquiring citizenship and the duties and obligations of a citizen.

Full Transcript

Republic Act 8491: Sec. 4 - Flag Heraldic Code of the Philippines will promote or sustain reverence and respect for the flag. Sec 2 - it is the policy of the state to prescribe the Code of the National Flag, Anthem, Motto, Coat-of- Arms and other Heraldic Items and Devices of the Philippines. Hois...

Republic Act 8491: Sec. 4 - Flag Heraldic Code of the Philippines will promote or sustain reverence and respect for the flag. Sec 2 - it is the policy of the state to prescribe the Code of the National Flag, Anthem, Motto, Coat-of- Arms and other Heraldic Items and Devices of the Philippines. Hoisting and Display of the National Flag: SECTION 5 - 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; at Malacanang Palace; the Congress of the Philippines building; Supreme Court building; the Rizal Monument in Luneta. Etc. - The flag shall 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, May 1, May 28 to June 12, last Sunday of August, November 30, and December 30. SECTION 18 - All government offices and educational institutions shall henceforth observe the flag- raising ceremony every Monday morning and the flag lowering ceremony every Friday afternoon. SECTION 19 - The office of the President upon the recommendation of the Institute shall issue rules and regulations for the proper conduct of the flag ceremony. SECTION 20 - The observance of the flag ceremony in official or civic gatherings shall be simple and dignified and shall include the playing or singing of the anthem in its original Filipino lyrics and march tempo. SECTION 21 - During the flag-raising ceremony, the assembly shall stand in formation racing the flag. At the moment the first note of the anthem is heard, everyone in the premises shall come to attention; moving vehicles shall stop. SECTION 22 - During the flag lowering, the flag shall be lowered solemnly and slowly so that the flag shall be down the mast at the sound of the last note of the anthem. SEC. 28 - The National Flag may be used to cover the caskets of the dead honored men (military, veterans of previous wars, National Artists and other civilians) who rendered noble service to our nation. It should not touch the ground but must be folded solemnly and handed it to the heirs of the deceased. No object must be placed on top of it except for the religious objects that symbolizes “God above the country”. RULE: When positioning the flag, the white triangle must be at the head of the casket while the blue field must cover the right side. To prevent the flag from falling off, a black band may be wrapped along the side of the casket. PLEDGE TO THE NATIONAL FLAG: SEC. 29 The following shall be the Pledge of Allegiance to the National Flag: - Note: This pledge should be recited right after singing the National Anthem with the right palm open and shoulder raised high. NATIONAL ANTHEM - The National Anthem should be interpreted in accordance with the musical arrangement and composition of Julian Felipe with its original lyrics and tempo. SECTION 37. The rendition of the National Anthem, whether played or sung, shall be in accordance with the musical arrangement and composition of Julian Felipe. SECTION 38 - The singing must be done with fervor. As a sign of respect, all persons shall stand at attention and face the Philippine flag, if there is one displayed, and if there is none, they shall face the band or the conductor. At the first note, all persons shall execute a salute by placing their right palms over their left chests. The anthem shall not be played and sung for mere recreation, amusement or entertainment purposes except on the following occasions: a. International competitions where the Philippines is the host or has a representative b. Local competitions c. During “signing off” and “signing on” of radio broadcasting and television stations d. Before the initial and last screening of films or before the opening of theater performances e. Other occasions as may be allowed by the Institute. SECTION 39. All officials and employees of the national and local governments, and any agencies or instrumentalities thereof, including government-owned or controlled corporations, privately-owned entities of offices displaying the national flag and government institutions of learning are hereby directed to comply strictly with the rules prescribed for the rendition of the anthem. Failure to observe the rules shall be a ground for administrative discipline. SEC. 39 - all about damaging the flag. Military - shall mean all branches of the Armed Forces of the Philippines. Festoon - shall mean to hang in a curved shape between two points as a decoration. Flag - shall mean the Philippine National Flag, unless stated otherwise. Fly - shall mean the part of the flag outside the hoist or length. Symbol - shall mean any conventional sign which reveals man’s achievement and heroism. Half-Mast - shall mean lowering the flag to one-half the distance between the top and bottom of the staff. Hoist - shall mean the part of the flag nearest the staff or the canvass to which the halyard is attached. Inclement Weather - shall mean that a typhoon signal is raised in the locality. National Anthem - shall mean the Philippine National Anthem. Official Residences - shall mean Malacañang, and other government-owned structures where the President resides. Places of Frivolty - shall mean places of hilarity marked by or providing boisterous merriment or recreation. Institute - shall mean the National Historical Institute. The National Flag should be at half-mast as a sign of mourning on all the buildings and places where it is displayed on the official day of announcement of the death of the following officials: - The President or former President (10 days) - The Vice-President, the Chief Justice of the Supreme Court, the President of the Senate and the Speaker of the House of Representatives (7 days) - Cabinet Secretaries, Associate Justice 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 (5 days) - Representatives, the Chief of Staff of the Armed Forces of the Philippines and the Director-General of the Philippine National Police (5 days); - Head of National Government Agencies, including Government Owned and Control Corporations and Government Financial Institutions (3 days) - The Commanding Generals of the Philippine Air Force and the Philippine Army and the Flag Officer in Command of the Philippine Navy (3 days) - Governors, Vice-Governors, city and municipal Mayor, city and municipal Vice-Mayors (3 days) - Members of the Sangguniang Panlalawigan, Sangguniang Panlungsod and Sangguniang Bayan (on the day of interment) - Barangay Chairmen and Barangay Councilmen (on the day of interment). Note: During calamities and disasters, National Flag shall also be flown at half-mast. - The flag must be raised to the top of the pole before it is lowered to the half-mast position; and before it is lowered for the day it must be raised to the top again. Preamble - We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. Panunumpa ng Katapatan sa Watawat ng Pilipinas: Ako ay Pilipino Buong Katapatang nanunumpa Sa watawat ng Pilipinas At sa bansang kanyang sinasagisag Na may dangal, Katarungan at Kalayaan Na pinakikilos ng sambayanang Maka-Diyos Maka-Tao Makakalikasan at Makabansa. The anthem shall not be played and sung for mere recreation, amusement or entertainment purposes except on the following occasions: a. International competitions where the Philippines is the host or has a representative b. Local competitions c. During “signing off” and “signing on” of radio broadcasting and television stations d. Before the initial and last screening of films or before the opening of theater performances e. Other occasions as may be allowed by the Institute. The National Coat of Arms SECTION 41 - The National Coat-of-Arms shall have: Paleways of two (2) pieces, azure and gules; a chief argent studded with three (3) mullets equidistant from each other; and, in point of honor, ovoid argent over all the sun rayonnant with eight minor lesser rays. Beneath shall be the scroll with the words “REPUBLIKA NG PILIPINAS,” inscribed thereon.. The Great Seal SECTION 42 - The Great Seal shall be circular in form, with the arms as described in the preceding section, but without the scroll and the inscription thereon. Surrounding the whole shall be a double marginal circle within which shall appear the words “Republika ng Pilipinas.” For the purpose of placing The Great Seal, the color of the arms shall not be deemed essential but tincture representation must be used. The Great Seal shall bear the National Motto. SECTION 43 - The Great Seal shall be affixed to or placed upon all commissions signed by the President and upon such other official documents and papers of the Republic of the Philippines as may be provided by law, or as may be required by custom and usage. The President shall have custody of the Great Seal. Suffrage - is the right and obligation of a qualified citizen to vote in the election of certain national and local officials of the government. ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES: Section 1 - The Philippines is a democratic and republican State. Article V: Section 1 - Suffrage may be exercised by all citizens of the Philippines. Section 2 - The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. Scope of Suffrage: Election - a political exercise whereby the sovereign people choose a candidate to fill up an elective government position. Plebiscite - a political right of sovereign people to ratify or reject constitutional amendments or proposed laws. Referendum - the right reserved to the people to adopt or reject any act of measure which has been passed by a legislative body. Initiative - the power of the people to propose bills and laws and to enact or reject them at the polls, independent of the legislative assembly. Recall – a system by which an elective official is removed by popular vote the end of his term. Citizenship - denotes membership of a permanent character in a political community. Article IV-Citizenship: SECTION 1 - The following are citizens of the Philippines: (1) Those who are citizens of the Philippines at the time of the adoption of this Constitution; (2) Those whose fathers or mothers are citizens of the Philippines; (3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and (4) Those who are naturalized in accordance with law. SECTION 2 - Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. SECTION 3 - Philippine citizenship may be lost or reacquired in the manner provided by law. SECTION 4 - Citizens of the Philippines who marry aliens shall retain their citizenship. SECTION 5 - Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. Citizenship by birth: A.1. Jus sanguinis - the principle of determining a person's citizenship through one or both of their parents' citizenships. It means the “right of blood” and is also referred to as the principle of descent. A.2. Jus soli - under this principle a child’s citizenship is determined by the place of birth. Citizenship by naturalization: Naturalization - refers to an act whereby person acquires a citizenship different from that person’s citizenship at birth. Administrative naturalization - The applicant must be a foreigner who was born, who studied and has resided in the Philippines since birth and must be at least 18 years old at the time of filing the petition. Legislative naturalization - is done through an act of Congress which is composed of the House of the Representatives and the Senate of the Philippines. Judicial naturalization - is governed by Commonwealth Act 473, otherwise known as the “Revised Naturalization Law” as amended. The judicial naturalization may be filed by a foreigner applicant in the Regional Trial Court where he has resided for at least one year before the filing of his petition. Duties and Obligation of a Citizen: To be loyal to the Republic To defend the State. To contribute to the development and welfare of the State. To uphold the constitution and obey the laws. To cooperate with the duly constituted authorities. To exercise rights responsibly and with due regard for the rights of others. To engage in gainful work To register and vote. Classification of Rights: Natural Rights – possessed by every citizen without being granted by the State for they are conferred by God so that human being may live a fulfilled life. Examples: the right to live; the right to love. Constitutional Rights- conferred and protected by the Constitution. They cannot be modified or taken away by the laws-making body. Constitutional Rights are classified as follows: - Political Rights – clothes the citizens with the power to participate, directly or indirectly, in the establishment or administration of the government. Examples: right of citizenships; suffrage. - Civil Rights – enforced by law at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness. - Social and Economic Rights – intended to ensure the well- being and economic security of the individual. - Rights of the Accused – intended for the protection of a person accused of any crime. Statutory Rights – provided by laws promulgated by the law-making body and may be abolished by the same body. The Rights of the individual as provided under the Bill of Rights (Article III): Section 1 - No person shall be deprived of life, liberty, or property without due process of laws, nor shall any person be denied the equal protection of the laws. Section 2 - The right of persons to be secure in their persons, houses, papers and effects against unreasonable searches and seizures of whatever nature for any purpose shall be inviolable. Section 3 - The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. Section 4 - No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. Section 5 - No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. Section 6 - The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Section 7 - The right of the people to information on matters of public concern shall be recognized. Section 8 - The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. Section 9 - Private property shall not be taken for public use without just compensation. Section 10 - No law impairing the obligation of contracts shall be passed. Section 11 - Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Section 12 - Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. Section 13 - The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Section 14 - No person shall be held to answer for a criminal offense without due process of law. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved. Section 15 - The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it. Section 16 - All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Section 17 - No person shall be compelled to be a witness against himself. Section 18 - No person shall be detained solely by reason of his political beliefs and aspirations. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Section 19 - Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Section 20 - No person shall be imprisoned for debt or non-payment of a poll tax. Section 21 - No person shall be twice put in jeopardy of punishment for the same offense. Section 22 - No ex post facto law or bill of attainder shall be enacted.

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