Use and Protection of Red Cross Emblems

Policy principles and international humanitarian law

Section 2 renounces war as an instrument of national policy and adopts generally accepted principles of international law as part of the law of the land.
Section 2 commits the State to a policy of peace, justice, freedom, cooperation and amity with all nations.
Section 2 requires the State to adopt the protections of Hague Convention IV of 1907 and the 1949 Geneva Conventions and their Additional Protocols insofar as they have been ratified or have become part of generally accepted principles of international law.
Section 2 mandates securing the protective use and indicative use of the emblems in both peace and armed conflict, consistent with the relevant Hague and Geneva standards and guidelines.
Section 2 provides that misuse of the emblems and misuse of the words “Red Cross,” “Red Crescent,” and “Red Crystal” (or their translation in any official language and dialect) must not go unpunished, and that effective prosecution must be ensured at the national level.

Core definitions for the Act

Section 3 defines “Armed conflict” as any use of force or armed violence giving rise to a situation where the 1949 Geneva Conventions and their Additional Protocols, including common Article 3, apply, and excludes internal disturbances and tensions such as riots, isolated and sporadic acts of violence, and similar acts.
Section 3 defines “Distinctive signals” as signals in Chapter III of Annex I to Protocol I (medical unit and medical transport identification), namely the blue light signal, the radio signal, and electronic means of identification.
Section 3 defines “Emblem” as the Red Cross, Red Crescent, and Red Crystal emblem.
Section 3 defines “Indicative use” as use of the emblem showing a person or object is linked to an institution of the International Red Cross and Red Crescent Movement, where the emblem shall be small in size.
Section 3 defines “Protective use” as the visible sign of protection conferred by the 1949 Geneva Conventions and their Additional Protocols on medical personnel and medical units and transports in time of armed conflict, where the dimensions shall be as large as possible.
Section 3 defines “Perfidious use” as use of the emblem by a person with intent to appeal to the good faith of an adversary to deceive the adversary into believing the person is entitled to receive or is conferred protection under international humanitarian law.
Section 3 defines “Red Crescent” (heraldic emblem use) as a red crescent moon on, and completely surrounded by, a white background as illustrated in Article 4, Chapter IV of Annex I of Protocol I.
Section 3 defines “Red Cross” (heraldic emblem use) as a red cross with branches of equal length on, and completely surrounded by, a white background formed by reversing the colors of the Swiss Confederation as illustrated in Article 4, Chapter IV of Annex I of Protocol I.
Section 3 defines “Red Crystal” (heraldic emblem use) as any emblem depicting a red frame in the shape of a square on edge, and completely surrounded by, a white background as illustrated in Additional Protocol III.

Rules on protective and indicative use

Section 4 requires that, under the supervision and control of the Department of National Defense (DND), the Medical Service of the Armed Forces of the Philippines (AFP) shall use the Red Cross to identify its medical personnel, medical units and transports on land, sea and air in both peacetime and armed conflict.
Section 4 mandates that AFP medical personnel (organic or attached) wear armlets and carry identity cards displaying the Red Cross emblem, with armlets and identity cards issued by the DND.
Section 4 provides the same protective identification rule for religious personnel (organic or attached to the AFP) as for medical personnel, identified through armlets and identity cards displaying the Red Cross emblem issued by the DND.
Section 4 allows AFP medical and religious personnel, where it enhances protection, to temporarily use any other distinctive emblem recognized and enjoying equal status under the 1949 Geneva Conventions and their Additional Protocols, without prejudice to their present emblem.
Section 5 empowers the Department of Health (DOH), exercising supervision and control over hospitals and other civilian medical units, civilian medical personnel, and civilian medical transports assigned to transport and treatment of the wounded, sick and shipwrecked, to authorize marking by the Red Cross emblem as a protective device in time of armed conflict in consultation with the Philippine Red Cross (PRC).
Section 5 directs the DOH to coordinate and work with the DND, and provides that the DND may give advice and assistance; it also authorizes the DND to mark medical personnel, units and transports of uniformed personnel in government other than the AFP with the emblem as a protective device in time of armed conflict.
Section 5 requires that civilian medical and religious personnel attached to hospitals and other medical units wear armlets and carry identity cards displaying the Red Cross emblem, with armlets and identity cards issued by the DOH.
Section 6 authorizes the PRC to place medical personnel, medical units, and transports at the disposal of the Medical Service of the AFP, subject to military security regulations.
Section 6 permits the PRC personnel to display the Red Cross emblem as a protective device where authorized by the DND, and where enhancing protection, to temporarily use other distinctive emblems recognized and enjoying equal status under the 1949 Geneva Conventions and their Additional Protocols.
Section 6 requires PRC-provided personnel to wear armlets and carry identity cards displaying the Red Cross emblem issued by the DND.
Section 6 authorizes the PRC to use the emblem as a protective device for its medical personnel and medical units in accordance with Section 5.
Section 7 authorizes the PRC to use the emblem as an indicative device.
Section 7 allows the PRC, in exceptional circumstances determined by the PRC and to facilitate its work, to temporarily use the Red Crystal emblem, applying the Regulations on the Use of the Emblem of the Red Cross or the Red Crescent by the National Societies.
Section 7 provides that national societies of other countries present in the Republic of the Philippines are entitled to use the emblem under the same indicative-use conditions, with PRC consent.
Section 8 provides that the International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies may make use of the Red Cross or Red Crescent emblems at any time and for all their activities.
Section 8 provides that the International Committee of the Red Cross and the International Federation, and their duly authorized personnel, may make use of the Red Crystal emblem in exceptional circumstances to facilitate their work.

Enforcement and control by government

Section 9 requires the DND, DOH, and the Department of Trade and Industry (DTI) to at all times ensure strict compliance with rules governing use of the emblems and the names “Red Cross,” “Red Crescent,” or “Red Crystal” (or their translation in any official language and dialect), and the distinctive signals.
Section 9 requires the DND, DOH, and DTI to exercise strict control over their respective personnel authorized to use the emblems, names, and signals.
Section 9 mandates that they take every appropriate step to prevent misuse, including disseminating usage rules as widely as possible among the armed forces, police forces, State instrumentalities, and the civilian population.
Section 9 requires the issuance of instructions to national, civilian and military authorities on emblem use in accordance with the 1949 Geneva Conventions and their Additional Protocols, and requires providing appropriate sanctions for misuse.

PRC’s role in proceedings

Section 10 obliges the PRC to cooperate with the DND, DOH, and DTI to prevent and repress misuse.
Section 10 entitles the PRC to information on misuse.
Section 10 allows the PRC to participate in relevant criminal, civil or administrative proceedings.

Criminal liability: indicative misuse (peacetime and armed conflict)

Section 11 penalizes any person who willfully and without entitlement uses the Red Cross, Red Crescent, or Red Crystal emblem.
Section 11 penalizes any person who willfully and without entitlement uses the words “Red Cross,” “Red Crescent,” and “Red Crystal” (or their translation in any official language and dialect), uses a distinctive signal, or uses any other sign, designation, or signal that imitates the emblem/words/signals or is likely to cause confusion, mistake, or deceive the general public.
Section 11 penalizes any person who has displayed the emblems/words on signs, posters, announcements, leaflets, or commercial documents, or affixed them to goods or packaging, or sold, offered for sale, or placed in circulation goods marked accordingly.
Section 11 sets the penalty for indicative misuse as arresto mayor, or a fine of not less than PHP 50,000.00, or both, at the discretion of the court for each and every violation.
Section 11 provides that if misuse is committed by a partnership, corporation, association, or any juridical entity, the partner, president, director, manager, trustee, estate administrator, or officer who consents to or knowingly tolerates the misuse is held criminally liable as a co-principal.
Section 11 provides that if the person convicted is a foreigner, the person may be ordered deported and blacklisted after serving the sentence.
Section 11 authorizes forfeiture in favor of the PRC of any proceeds, or property or assets upon which an emblem/designation/design/wording/sign was used directly or indirectly in violation of the Act, without prejudice to rights of bona fide third parties.

Criminal liability: protective misuse in armed conflict

Section 12 provides that any person who willfully commits, or gives the order to commit, acts resulting in the death of, the wounding of, or the capture of an adversary by making perfidious use of the emblem or a distinctive signal is deemed to have committed a war crime.
Section 12 imposes reclusion perpetua and a fine ranging from PHP 500,000.00 to PHP 1,000,000.00 when the war-crime results in death or serious physical injury of an adversary, considering the individual circumstances of the offender.
Section 12 imposes reclusion temporal in its medium to maximum period and a fine of not less than PHP 100,000.00 but not more than PHP 500,000.00 when perfidious or protective misuse of the emblem or distinctive signal does not result in death or serious harm to the body or health of an adversary.
Section 12 authorizes the court to impose corresponding accessory penalties under the Revised Penal Code, especially where the offender is a public officer.
Section 12 penalizes any person, in time of armed conflict and without entitlement, who willfully used the emblem, or a distinctive signal, or any other sign or signal that constitutes an imitation or might lead to confusion.
Section 12 sets that armed-conflict protective misuse penalty as prision correccional in its medium period and a fine of not less than PHP 40,000.00 but not more than PHP 80,000.00 at the discretion of the court.
Section 12 provides that for juristic-entity misuse, the consenting or knowingly tolerating partner, president, director, manager, trustee, estate administrator, or officer is held criminally liable as a co-principal.
Section 12 provides that for convicted foreigners, deportation and blacklisting may be ordered after serving the sentence.
Section 12 authorizes forfeiture in favor of the PRC of proceeds, property or assets upon which an emblem/designation/design/wording/sign was used directly or indirectly in violation of the Act, including identity cards, insignia or uniforms used in connection therewith.

Interim measures and transitional authority

Section 13 directs the DND, DTI, and DOH to take necessary interim measures such as ordering the seizure of objects and materials marked in violation of the Act.
Section 13 requires the interim demand and removal of the Red Cross, Red Crescent, or Red Crystal emblem or the words “Red Cross,” “Red Crescent,” or “Red Crystal” (or their translation in any official language and dialect), at the expense of the offender.
Section 13 empowers the interim measures to order forfeiture or destruction of instruments used for reproduction.
Section 13 permits persons using the Red Crystal emblem or a sign constituting an imitation thereof or the words “Red Crystal” (or their translation) prior to adoption of Additional Protocol III (Adoption of an Additional Distinctive Emblem) to continue such use.
Section 13 conditions continuing use on not being such as to appear in time of armed conflict to confer protection under the 1949 Geneva Conventions and their Additional Protocols.
Section 13 further conditions continuing use on the rights being acquired prior to the effectivity of the Act.
Section 13 requires persons using the Red Cross, Red Crescent, or Red Crystal emblem (or an imitation), or the words “Red Cross,” “Red Crescent,” or “Red Crystal” (or translations), upon entry into force of the Act, to voluntarily cease and desist and withdraw from the market all products bearing the same within two (2) months from promulgation of the Act.
Section 13 mandates that objects, materials, and products covered by these interim measures be disposed of by the PRC accordingly.

Prohibition on using or registering emblems as marks

Section 14 prohibits the use or registration of tradenames, businessnames, trademarks, service marks, collective marks, other marks of ownership, utility models and industrial designs making use of the Red Cross, Red Crescent, or Red Crystal emblem or making use of the words “Red Cross,” “Red Crescent,” or “Red Crystal” (or their translation in any official language and dialect).

Relationship with constitutional and procedural law

Section 15 provides that the Act supplements the Constitution, especially its Bill of Rights, relevant provisions on international law and human rights, and jurisprudence.
Section 16 directs that, in application and interpretation, Philippine courts shall be guided by specified international humanitarian law instruments and international developments, including the 1949 Geneva Conventions I-IV and their 1977 Additional Protocols I and II and Additional Protocol III, and specified International Conference resolutions and materials, international criminal law jurisprudence (including possible reference to the International Criminal Court), UN human rights instruments and jurisprudence, and teachings of publicists and authoritative commentaries.
Section 17 makes the Revised Penal Code suppletory for criminal investigation, prosecution and trial of crimes under the Act, with the Act prevailing over the Revised Penal Code in case of conflict; it similarly provides that the Civil Code and special laws on civil liability are treated the same way.
Section 17 provides that the Act is without prejudice to the application of the Uniform Rules on Administrative Cases in the Civil Service regarding administrative liability of a public officer.
Section 18 provides that the Revised Rules on Criminal Procedure are suppletory to the Act, including additional special rules on criminal procedure formulated by the Supreme Court for crimes under the Act.
Section 19 provides that the Intellectual Property Code, the Corporation Code, and the DTI rules and regulations are suppletory for registration of partnerships, corporations, associations and juridical entities, and for registration of relevant IP/trademark-type items, with the Act prevailing in case of conflict.

Implementing rules, separability, repeal

Section 20 requires the DND, DOH, and DTI, in consultation with the PRC, to adopt implementing rules and regulations within five (5) months after the Act’s effectivity.
Section 21 provides that the Act is suppletory to other international humanitarian laws promulgated by Congress.
Section 22 provides separability: if any part of the Act is held unconstitutional or invalid, the remaining parts continue in full force and effect.
Section 23 provides a repealing clause: all laws, presidential decrees and issuances, executive orders, rules and regulations, or parts inconsistent with the Act are repealed and modified accordingly.