Title
Supreme Court
Rules for Implementing Philippine Flag and Anthem
Law
Nhi Rule On Ra No. 8491, January 10, 2002
Decision Date
Jan 10, 2002
Republic Act No. 8491 establishes rules and regulations for the use and display of national symbols in the Philippines, promoting reverence and respect for these symbols and outlining penalties for violations.

Law Summary

Policy and Objectives

  • The State adopts policies to promote the Code of National Symbols and ensure their proper usage.
  • Reverence for the flag, anthem, and other symbols embodies national ideals, sovereignty, and national solidarity.

Implementing Agency and Its Functions

  • The National Historical Institute (Institute) is responsible for implementing these rules.
  • Its functions include policy formulation, monitoring, coordination, education, deputization of agencies, setting design policies for symbols, legal assistance for violations, and other related functions.

Key Definitions

  • Definitions include terms such as Military (AFP, PNP, BJMP, BFP), National Flag, Fly, Hoist, Symbol, Half-mast, National Anthem (Lupang Hinirang), Official Residences, Advertisement, Heraldic Items, Government Entities, and Vexillary Items.

National Flag Design

  • The flag consists of blue, white, and red fields with an eight-rayed golden-yellow sun and three five-pointed stars.

Mandatory Display and Hoisting of the Flag

  • The flag must be displayed every day in public buildings, official residences, plazas, and educational institutions.
  • Certain key historical sites and government buildings must hoist the flag permanently, day and night.
  • Private buildings and residences are encouraged to display it on specific national holidays.
  • Flag days must be observed with ceremonies by government and private sectors.

Use of the Flag in Maritime and Aviation

  • Filipino naval and merchant vessels over 1,000 gross tons must fly the flag properly.
  • Aircraft of Philippine registry must display the flag on the fuselage aligned forward.

Correct Hoisting and Positions

  • Blue field of the flag on top during peace; red field on top during war.
  • Specific positioning rules when displayed with flags of other countries or house flags.
  • Use of the flagpole must follow size and prominence guidelines.

Flag Handling and Ceremonies

  • Flag must be raised briskly, lowered ceremoniously, and properly folded.
  • Flag-raising ceremonies are mandatory for all government offices every Monday morning and lowering every Friday afternoon.
  • Assembly must stand at attention with specified salute during anthem or flag ceremonies.

Half-Mast Protocol

  • The flag is flown at half-mast as a sign of mourning over specific officials for prescribed durations.
  • Procedures for hoisting to the peak before lowering to half-mast, and raising again before lowering for the day.
  • Specific continuous half-mast sites include Tomb of the Unknown Soldier and memorial cemeteries.

Use of Flag in Caskets

  • The flag may cover caskets of military, veterans, national artists, and distinguished civilians as determined by local authorities.
  • Specific placement of the flag on the casket, prohibitions on lowering to the grave or placing objects atop.

Pledge of Allegiance

  • The official pledge must be recited after the National Anthem with a right palm raised to shoulder height.
  • Exemptions for religious beliefs require respectful standing.

National Flag Days

  • Declared from May 28 to June 12 annually.
  • Government units and private sectors encouraged to display the flag prominently.

Specifications and Manufacture of the Flag

  • Precise proportions and official color codes are mandated.
  • Flag manufacturers must be accredited and submit textile samples annually for evaluation.
  • Quality control inspections by requesting agencies and Commission on Audit.
  • Inclusion of flag expenditure in government budgets is mandatory.

Prohibitions on Misuse of the Flag

  • Acts prohibited include mutilation, defacing, disrespect, using the flag as drapery, costume, or advertisement.
  • Display banned in places of frivolity, under paintings, horizontally, or below platforms.
  • Use in advertisements, trademarks, or foreign government promotions without consent is prohibited.

National Anthem Provisions

  • The Philippine National Anthem is "Lupang Hinirang," always sung in Filipino.
  • Rendition shall follow the original composition by Julian Felipe.
  • During the anthem, persons must stand, face the flag or source, and salute appropriately.
  • Anthem use limited to solemn and official occasions.

National Motto

  • The official motto is "Maka-Diyos, Maka-Tao, Makakalikasan at Makabansa."

National Coat-of-Arms

  • Described with specific heraldic elements including paleways azure and gules, argent chief with three mullets, and a sun in point of honor.
  • Includes scroll with inscription.

Great Seal

  • Circular with the Coat-of-Arms but without the scroll.
  • Bears the National Motto.
  • Used on official commissions and documents; custody with the President.

Official Seals and Heraldic Devices

  • Government entities may adopt heraldic items like seals, logos, badges with approval from the President or Congress.
  • Designs must reflect Filipino culture, history, and tradition.
  • No personal devices except Presidential and Vice-Presidential seals allowed.
  • Design submissions require documentation and must be registered.
  • Items must not be revised more than once every 10 years.
  • Purchase of heraldic items must be from accredited manufacturers.
  • Foreign orders or decorations must be approved by Congress and evaluated by the Institute.
  • Use of heraldic designs in numismatics, philately or advertisements requires approval.

Penalties

  • Violations of the act or these rules after notice and hearing result in penalties as stipulated in RA No. 8491.

Effectivity and Amendments

  • The rules became effective 15 days after approval and filing with Congress and the UP Law Center.
  • The Chairman and Executive Director have authority to amend or revise the rules as necessary to achieve the law's objectives.

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