QuestionsQuestions (Republic Act No. 10530)
RA No. 10530 is entitled “The Red Cross and Other Emblems Act of 2013.”
The State adopts the protective use and indicative use of the Red Cross, Red Crescent, and Red Crystal emblems in peace and armed conflict, consistent with the Hague Convention (1907), the 1949 Geneva Conventions, and their Additional Protocols.
Protective use is the visible sign of protection conferred by the Geneva Conventions and Additional Protocols for medical personnel and units/transports in time of armed conflict; the emblem should be as large as possible.
Protective use signals that the person/object is protected under the Geneva Conventions in armed conflict and should be large. Indicative use shows a link to the International Red Cross and Red Crescent Movement, and the emblem should be small.
Perfidious use is using the emblem with intent to deceive an adversary into believing the user is entitled to the protection under international humanitarian law.
The Medical Service of the Armed Forces of the Philippines (AFP), including medical and religious personnel organic or attached to the AFP, under the DND’s supervision and control.
Medical personnel must wear armlets and carry identity cards displaying the Red Cross emblem, issued by the DND.
The Department of Health (DOH), in consultation with the Philippine Red Cross (PRC), and coordinated with the DND for advice/assistance when needed.
The PRC cooperates with DND, DOH, and DTI to prevent and repress misuse; it is entitled to information on misuse and may participate in relevant criminal, civil, or administrative proceedings.
The Department of National Defense (DND), the Department of Health (DOH), and the Department of Trade and Industry (DTI).
Willful and unauthorized use of the emblem; unauthorized use of the words “Red Cross,” “Red Crescent,” or “Red Crystal” and their translations; misuse of any distinctive signal or imitation likely to cause confusion or deceive the public; and displaying the emblem/words on signs, posters, announcements, leaflets, commercial documents, or affixing them to goods/packaging, or selling/placing in circulation goods thus marked.
For each and every violation, the penalty is arresto mayor, or a fine of not less than P50,000.00, or both, at the discretion of the court.
The partner, president, director, manager, trustee, estate administrator, or officer who consents to or knowingly tolerates the misuse is held criminally liable as a co-principal.
It punishes willful acts or orders to commit acts resulting in death, wounding, or capture of an adversary through perfidious use (war crime) and also punishes unauthorized protective use/misuse that might lead to confusion in armed conflict.
Reclusion perpetua and a fine ranging from P500,000.00 to P1,000,000.00.
The DND, DTI, and DOH may order seizure of objects/materials marked in violation; demand removal of the emblem/words at the offender’s expense; order forfeiture or destruction of instruments used for reproduction; and regulate ongoing use under transitional provisions.
No. Section 14 prohibits use and registration of tradenames, businessnames, trademarks, service marks, collective marks, and related IP rights that make use of those emblems or words (or their translations in official languages/dialects).