Title
Supreme Court
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.

Law Summary

Protocol for Hoisting the Philippine and American Flags

  • Both flags must be hoisted and lowered simultaneously when displayed together.
  • When displayed vertically in a line, the American flag is placed above the Philippine flag.
  • When displayed horizontally, the American flag is on the right and at the same height as the Philippine flag.
  • The Philippine flag is entitled to the same honors and respect prescribed for the American flag by existing or future laws.

Specific Description and Design of the Philippine Flag

  • Defined as a tricolored quadrangular bunting with precise geometric and symbolic elements.
  • When viewed vertically with the staff on the observer’s left, the flag features:
    • A white equilateral triangle on the left side with one angle at the upper left corner, one at the lower left corner, and the third pointing horizontally towards the center.
    • At the center of the triangle, a yellow sun with eight rays.
    • Three yellow five-pointed stars, each positioned at the three angles of the triangle and not extending beyond its sides.
    • The area above the imaginary horizontal line dividing the remaining part of the flag is blue.
    • The area below this line is red.

Prohibited Acts and Respect for the Philippine Flag

  • Prohibition against any speech, writing, drawing, acts, or omissions that cast dishonor, ridicule, or contempt upon the flag.
  • Prohibition extends to use of the flag in disreputable places or for disrespectful purposes.
  • Use of the flag as trademarks, or for industrial, commercial, or agricultural labels or designs is forbidden.
  • Drawings or inscriptions on the flag itself are prohibited.
  • Violations are offenses punishable by fines ranging from 25 to 1,000 pesos, imprisonment up to one year, or both.
  • Non-payment of fines results in subsidiary imprisonment of one day per unpaid peso.
  • Repeat offenses require both fine and imprisonment without exception.

Liability for Accomplices, Accessories, Attempts, and Frustrated Offenses

  • Accomplices and accessories after the fact are subject to trial and punishment.
  • Attempts and frustrated offenses under the Act are similarly liable.
  • These are governed by definitions in the existing and any future Penal Code or other applicable legal provisions.

Effectivity of the Act

  • The Act takes effect immediately upon approval.

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