Question & AnswerQ&A (Republic Act No. 10530)
The short title of Republic Act No. 10530 is 'The Red Cross and Other Emblems Act of 2013.'
The emblems covered are the Red Cross, Red Crescent, and Red Crystal emblems.
Armed conflict means any use of force or armed violence which gives rise, or may give rise, to a situation to which the 1949 Geneva Conventions and their Additional Protocols apply. It excludes internal disturbances such as riots and isolated acts of violence.
Protective use is the visible sign of protection in armed conflict and must be as large as possible, while indicative use shows a link to the International Red Cross and Red Crescent Movement and the emblem used is small.
The Department of National Defense (DND) supervises and controls the use of the Red Cross emblem by the Armed Forces of the Philippines' Medical Service.
For each violation, a penalty of arresto mayor or a fine of not less than Fifty thousand pesos (₱50,000), or both, at the court's discretion.
Willfully committing or ordering acts resulting in death, wounding or capture of an adversary by perfidious use of the emblem is a war crime and can be punished with reclusion perpetua and fines between ₱500,000 to ₱1,000,000.
They ensure strict compliance with the use of the emblems, take steps to prevent misuse, disseminate rules, and issue guidelines including sanctions.
Yes, in exceptional circumstances and to facilitate its work, the PRC may make temporary use of the Red Crystal emblem.
No, such tradenames, business names, trademarks, service marks, and industrial designs using these emblems or names cannot be used or registered.
They shall be punished with appropriate penalties including fines and imprisonment, and if convicted, foreigners may be deported and blacklisted.
The DND, DOH, and DTI can order seizure of objects marked in violation, demand removal of emblems at offender's expense, and order forfeiture or destruction of reproduction instruments.
The 1949 Geneva Conventions and their Additional Protocols, international humanitarian law, relevant international human rights instruments, and international criminal jurisprudence guide the interpretation.
This Act is suppletory to the Revised Penal Code and shall prevail in case of conflict for criminal investigation and prosecution under this Act.
It took effect fifteen (15) days after its publication in the Official Gazette or any newspaper of general circulation.