QuestionsQuestions (Republic Act No. 493)
It makes it unlawful for persons or associations not in the service of the Armed Forces of the Philippines or the Philippine Constabulary to use or confer upon themselves or others any military or naval grade or title prescribed for those services.
The Act’s proviso exempts: (1) recognized veterans of any war (for ranks recognized by the Philippine or U.S. government); (2) commissioned officers/personnel of the Bureau of Coast and Geodetic Survey, quarantine service, and customs service (retired or in active duty); (3) commissioned/enlisted reservists and recognized guerilla officers on inactive status (for authorized grades used for purely military purpose); and (4) trainees in the Armed Forces during trainee instruction.
Section 1 specifically targets “any military or naval grade or title which is, or may hereafter be, prescribed by laws and regulations” for the Armed Forces/Constabulary. If the rank/title is not prescribed, the specific Section 1 coverage may not apply; however, related provisions (Sections 2 and 3) may still be relevant depending on the insignia/medal aspects.
Section 1 prohibits using or conferring military/naval grades or titles by persons not in service. Section 2 prohibits non-service persons from using or wearing duly prescribed insignia/badges/emblems/rank or any colorable imitation thereof.
It is unlawful for them, except those excluded from Section 1’s prohibition, to use or wear the duly prescribed insignia, badge, emblem, rank of members of the Armed Forces or Constabulary, or any colorable imitation.
Yes. Section 2 allows use/wearing of military or naval insignia/badges/emblems/rank in plays or theaters or in moving-picture films when actually representing a military/naval character not tending to bring discredit or reproach upon the Armed Forces/Constabulary (and the Bureau of Coast and Geodetic Survey).
The Secretary of National Defense, as the Act expressly states that such use “shall be subject to supervision and regulation” by the Secretary of National Defense.
It means any insignia/badge/emblem of rank which is, or may hereafter be, prescribed by Congress, the Secretary of National Defense, or the Chief of Constabulary.
It prohibits the use, wearing, manufacture, and sale of any medal/decoration/badge/insignia/patch/identification card that has been or may be authorized by Congress or prescribed/awarded by the President or Secretary of National Defense for Armed Forces members, or any colorable imitation thereof, except when authorized under regulations prescribed by the Secretary of National Defense.
Upon conviction, the penalty is a fine of not less than ₱2,000 and not exceeding ₱5,000, or imprisonment of not less than 2 years and not exceeding 5 years, or both.
A fine of not less than ₱100 and not exceeding ₱2,000, or imprisonment of not less than 1 month and not exceeding 2 years, or both.
In case the violation is committed by a corporation, the manager and all members of the board of directors or governing body shall be liable individually, in accordance with the penalties stated in Section 4.
The Secretary of National Defense supervises and regulates acting/representation use under Section 2, and prescribes regulations authorizing permitted use under Section 3.
Generally no. Section 2 prohibits use/wearing of insignia/badges/emblems/rank (and colorable imitations) by non-service persons. Section 3 further prohibits manufacture and sale of medals/decoration/badges/insignia/patch/ID cards authorized for the Armed Forces/Constabulary unless authorized under regulations by the Secretary of National Defense.
It takes effect upon its approval (Section 6).