Title
Philippine Flag Use and Penal Provisions Act
Law
Act No. 2928
Decision Date
Mar 26, 1920
Act No. 2928 establishes the Philippine flag as the official flag of the Government of the Philippine Islands, providing guidelines for its use and respect, while imposing penalties for disrespect and holding accomplices accountable.

Joint hoisting with American flag rules

  • Section 2 requires that whenever the Philippine flag is hoisted in public jointly with the American flag, both flags must be hoisted and lowered at the same time.
  • Section 2 mandates positioning when both flags are in a vertical line: the American flag must be placed above the Filipino flag.
  • Section 2 mandates positioning when both flags are in a horizontal line: the American flag must be placed to the right of the Filipino flag and at the same height.
  • Section 2 requires that the Philippine flag be accorded the same honors and respect that existing laws and regulations prescribe (or may later prescribe) for the American flag.

Definition of a “Filipino flag”

  • Section 3 defines a “Filipino flag” as any tricolored quadrangular piece of bunting meeting the specified design conditions.
  • Section 3 provides the required orientation when the bunting is spread vertically: the two parallel shorter sides must be left and right of the observer, and the two parallel longer sides must be above and below the observer’s view.
  • Section 3 requires an equilateral triangle on the left end when viewed under the stated orientation, with one triangle angle in the upper left corner of the bunting, another in the lower left corner, and the third angle pointed in a straight horizontal line toward the center of the quadrangle.
  • Section 3 requires the triangle to be white, with a sun surrounded by eight rays in the center, and a five-pointed star at each of the triangle’s three angles.
  • Section 3 requires the sun and the three stars to be yellow, with the stars not extending beyond the triangle’s sides.
  • Section 3 requires the quadrangular bunting to be divided by an imaginary horizontal line that runs straight from the third angle of the triangle (mentioned in the definition) from left to right of the observer to the right border/side of the bunting.
  • Section 3 mandates the color scheme by the imaginary line: the area above the line must be blue, and the area below the line must be red, using the rule that the staff or pole (if any) is on the left border/side of the flag from the observer’s perspective.

Prohibited acts and punishable offenses

  • Section 4 prohibits any utterance in speech, writing, or drawing, and any act or omission that casts dishonor, ridicule, or contempt upon the Philippine flag.
  • Section 4 prohibits the use of the Philippine flag in places of ill repute or for purposes involving disrespect.
  • Section 4 prohibits use of the Philippine flag as trade-marks and for industrial, commercial, or agricultural labels or designs.
  • Section 4 prohibits any drawings or inscriptions upon the Philippine flag.
  • Section 4 provides that any person who violates any provision of the Act—particularly Section 4—commits an offense.
  • Section 4 provides that upon conviction, the offender is punished by a fine of not less than PHP 25 nor more than PHP 1,000, or imprisonment for not more than 1 year, or both, in the discretion of the court.
  • Section 4 requires subsidiary imprisonment if the fine (or any part thereof) is not paid: 1 day of subsidiary imprisonment for each PHP 1 of the fine unpaid.
  • Section 4 mandates enhanced penalties for a second and additional offense: both fine and imprisonment “shall always be imposed.”

Extension of liability for offenders and attempts

  • Section 5 provides that accomplices and accessories after the fact are likewise liable to trial and punishment under this Act.
  • Section 5 provides that attempts and frustrated offenses are likewise liable to trial and punishment under this Act.
  • Section 5 ties the treatment of such participants and attempted/frustrated acts to the definitions in the existing Penal Code or any other penal or correctional code, or any law that may later replace the same.

Effectivity

  • Section 6 provides that the Act takes effect on its approval.
  • The Act was approved on March 26, 1920.

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