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.

Law Summary

Definitions of Terms

  • "Military" includes all branches of the Armed Forces, Philippine National Police, Bureau of Jail Management and Penology, and Bureau of Fire Protection.
  • Key terms such as "Flag," "Fly," "Hoist," "Half-Mast," "Inclement Weather," and "Institute" (National Historical Institute) are defined to clarify scope.

Design of the National Flag

  • The Philippine National Flag is composed of blue, white, and red with an eight-rayed golden-yellow sun and three five-pointed stars.

Hoisting and Display of the National Flag

  • Flag must be displayed daily in all public buildings, official residences, public plazas, and institutions of learning.
  • Permanently hoisted day and night at specific key locations including Malacañang Palace, Congress, Supreme Court, Rizal Monument, and international ports, with proper illumination at night.
  • Displayed in private buildings on specified national holidays and may be shown year-round with flag-raising ceremonies.
  • Flag Day observed by government agencies, local governments, and encouraged in private sectors.
  • Merchant ships over 1,000 gross tons and naval vessels must fly the flag with specific rules for positioning when at anchor or at sea.
  • Blue field on top in peace, red field on top in war; rules outlined for hanging and flagpole specifications.
  • Protocols for flag placement on ground, buildings, stages, or platforms ensure prominent and proper positioning.
  • Rules for flying the flag with other flags mandate equal height, size, and precedence.
  • Worn flags must be solemnly burned and replaced immediately.
  • Flag to be raised at sunrise and lowered at sunset, flown during official hours.

Specific Display Methods

  • Allowed indoors and outdoors in various forms (flagpoles, staff projecting from buildings, suspended) with orientation guidance.
  • Flag is not to be raised during inclement weather.
  • Flag must be hoisted briskly and lowered ceremoniously without touching the ground; folded solemnly.

Conduct of Flag Raising and Lowering Ceremony

  • Flag raising every Monday morning; lowering every Friday afternoon in government offices and schools.
  • Simple, dignified ceremonies including playing or singing the national anthem as per rules from the Office of the President.
  • Protocols require standing, saluting, and singing the anthem with appropriate gestures and attention by all present.
  • Vehicles must stop during the anthem.

Flying the Flag at Half-Mast

  • Days of official mourning include the death of Presidents (10 days), Vice President, Chief Justice, Senate President, Speaker (7 days), and others as determined.
  • Procedures for hoisting to the peak before lowering to half-mast and raising again before lowering for the day.

Use of the Flag on Caskets

  • Flag may cover caskets of honored military, veterans, national artists, and civilians distinguished by local government decision.
  • Flag placement on casket follows specific positioning.
  • Flag not lowered into the grave or allowed to touch the ground; folded and handed to heirs.

Pledge to the Flag

  • Recital of a specific pledge with right hand raised shoulder-high.
  • Respect must be shown even by those whose religious beliefs prohibit pledge recitation.

Flag Days

  • May 28 to June 12 declared Flag Days for widespread display of the flag.

Specifications of the National Flag

  • Proportions: width 1, length 2, white triangle side 1.
  • Colors have specific cable numbers for blue, white, red, and golden yellow.
  • Standards include strict design, color, craftsmanship, and material requirements.
  • Samples submitted to and approved by the National Historical Institute; quality evaluated by DOST institutes.
  • Inspection by requisitioning agency and Commission on Audit ensures compliance.
  • Government bodies must budget for flag purchases.

Prohibited Acts Concerning the Flag

  • Acts such as mutilating, defacing, trampling, dipping as salute, improper uses (drapery, tablecloth, vehicle decoration, costumes, advertisements) are forbidden.
  • Flag not to be displayed in disreputable places or under pictures; must not be worn as clothing or altered.
  • Display of foreign flags confined to diplomatic contexts; alien occupancy prohibits flag display.

The National Anthem

  • Official national anthem is "Lupang Hinirang," sung in the national language.
  • Lyrics and musical composition by Julian Felipe are prescribed.
  • Anthem must be sung with fervor at public gatherings; specific procedures for salutes and behavior established.
  • Use restricted to solemn occasions and certain approved events.
  • Strict compliance by officials and employees is mandatory; infractions are grounds for discipline.

The National Motto

  • Established as "MAKA-DIYOS, MAKA-TAO, MAKAKALIKASAN AT MAKABANSA."

The National Coat-of-Arms

  • Described as azure and gules with a chief argent, stars, and a sun with eight rays, with "REPUBLIKA NG PILIPINAS" on a scroll beneath.

The Great Seal

  • Circular form of coat-of-arms without the scroll inscription but with words "Republika ng Pilipinas" around the margin.
  • Used on official commissions and documents; custody held by the President.

Official Seals and Heraldic Items

  • Government entities may adopt various heraldic devices and decorations authorized by Congress or the President.
  • Such items to be recorded with the Institute for evaluation of precedence, design, and tradition.
  • Purchase must be from accredited manufacturers; items subject to inspection.
  • Acceptance of foreign orders or decorations by officials require Congressional consent and Institute evaluation.

Penalties

  • Violations result in public censure published in newspapers after due notice and hearing.
  • Repeated violations by private educational institutions can result in revocation of recognition or permits.
  • Department of Education and Commission on Higher Education tasked with promoting anthem memorization and performance.
  • Violators punished by fines (P5,000 to P20,000), imprisonment up to one year, or both; harsher penalties for repeat offenses; juridical persons' heads held liable.

Common Provisions

  • The Institute responsible for rules implementation, enforcement, and coordination with other government units.
  • Separability clause ensures validity of unaffected provisions if part is invalidated.
  • Repeals inconsistent prior laws and regulations.
  • Act takes effect 15 days after publication in official or widely circulated newspapers.

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