Title
Supreme Court
Flag and Heraldic Code of the Philippines
Law
Republic Act No. 8491
Decision Date
Feb 12, 1998
"Proper Use and Display of National Symbols" is a Philippine Jurisprudence case that highlights the importance of reverence and respect for national symbols, providing guidelines for their proper use and display, and imposing penalties for violations to uphold the country's ideals and principles.

Q&A (Republic Act No. 8491)

The short title of Republic Act No. 8491 is the "Flag and Heraldic Code of the Philippines."

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 express principles of sovereignty and national solidarity.

"Military" refers to 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.

The flag shall be permanently hoisted day and night at Malacañang Palace; Congress of the Philippines building; Supreme Court building; Rizal Monument in Luneta, Manila; Aguinaldo Shrine in Kawit, Cavite; Barasoain Shrine in Malolos, Bulacan; Tomb of the Unknown Soldier, Libingan ng mga Bayani; Musoleo de los Veteranos dela Revolucion; all International Ports of Entry; and other places designated by the National Historical Institute.

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 hanging position, the blue field shall be to the observer's left in peace, and the red field to the observer's left in time of war.

During the flag-raising ceremony, the assembly shall stand facing the flag, come to attention at the first note of the anthem, all persons shall place their right palm over their chest, those with hats shall remove them, those in uniform shall give the salute, the anthem shall be sung with fervor, and the flag shall be raised briskly.

The flag shall be flown at half-mast as a sign of mourning for the death of the President or former President for 10 days; the Vice President, Chief Justice, President of the Senate and Speaker of the House for seven days; and other persons as determined by the National Historical Institute for a period less than seven days.

A worn-out flag shall not be thrown away but shall be solemnly burned to avoid misuse or desecration and replaced immediately.

The pledge is: "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." It is recited standing with the right hand raised shoulder high, palm open.

Prohibited acts include mutilating or defacing the flag, dipping it as a salute, using it as a drapery or tablecloth, wearing it as clothing, adding any marks or advertisements, displaying it below platforms or in places of vice, and displaying foreign flags in public except in diplomatic offices.

The width of the flag is 1 unit, length is 2 units, and sides of the white triangle are 1 unit each. Specific cable colors for blue, white, red, and golden yellow are prescribed to ensure uniformity and durability.

The National Historical Institute is responsible for enforcement, issuing necessary rules and regulations, and evaluating compliance.

Violators face a fine of not less than P5,000 and not more than P20,000, or imprisonment for not more than one year, or both at the court's discretion. For second and subsequent offenses, both fine and imprisonment shall be imposed. For juridical persons, the president or CEO shall be held liable.

All students in public and private schools must commit the National Anthem to memory and perform it during flag ceremonies, which shall be simple and dignified including singing the anthem with its original Filipino lyrics and march tempo.

Any government entity may adopt appropriate heraldic items as authorized by Congress or the Office of the President, which must be filed with the National Historical Institute for evaluation. Items must be purchased from manufacturers accredited by the Institute and inspected by internal and COA inspectors.


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