Law Summary
Declaration of Principles and State Policies
- The Philippines renounces war as national policy.
- Adopts international law principles related to humanitarian protections, including the Hague Convention IV of 1907 and the 1949 Geneva Conventions with Additional Protocols.
- Ensures protective and indicative use of the emblems in peace and armed conflict.
- Prohibits and criminalizes misuse of the emblems and related words.
Definition of Key Terms
- Armed Conflict: Use of force triggering application of Geneva Conventions, excluding riots and isolated violence.
- Distinctive Signals: Identification signals for medical units as per Additional Protocol I.
- Emblems: Refers collectively to Red Cross, Red Crescent, and Red Crystal.
- Indicative Use: Small-sized emblem use indicating link to Red Cross/Red Crescent institutions.
- Perfidious Use: Deceptive use of emblems to mislead adversaries, prohibiting fair treatment under international law.
- Protective Use: Large emblem use indicating protection under the Geneva Conventions for medical personnel and units.
- Definitions of each emblem's heraldic design are clarified.
Protective Use by the Armed Forces Medical and Religious Personnel
- AFP Medical Service uses Red Cross emblem in peace and war under DND supervision.
- Medical and attached religious personnel must wear armlets and carry ID cards bearing the emblem.
- Temporary use of other recognized emblems allowed for enhanced protection.
Protective Use by Civilian Medical Units and Transports
- DOH supervises civilian medical units and authorizes their marking with the Red Cross emblem in times of armed conflict.
- DOH coordinates with DND for uniformed government personnel units.
- Civilian medical and religious personnel must wear emblem armlets and carry IDs issued by DOH.
Protective Use by the Philippine Red Cross (PRC)
- PRC may allocate medical personnel and units to AFP and display emblems under DND control.
- PRC personnel must wear armlets and carry ID cards issued by DND.
- PRC authorized to use the emblem as a protective device subject to Section 5 rules.
Indicative Use by PRC and National Societies
- PRC may use emblems indicatively and temporarily use Red Crystal for exceptional circumstances.
- Other national societies may use the emblem with PRC consent.
Use by International Red Cross and Red Crescent Organizations
- International Committee and Federation may use Red Cross/Crescent emblems anytime.
- Red Crystal emblem use allowed exceptionally to facilitate activities.
Control Measures and Enforcement
- DND, DOH, and DTI ensure strict compliance with emblem usage rules and exercise control over authorized users.
- Dissemination of usage rules widely promoted.
- Instructions issued to authorities for proper emblem use and sanctions for misuse.
Role of PRC in Enforcement
- PRC cooperates with government agencies in preventing and addressing misuse.
- Entitled to information and participation in related legal proceedings.
Misuse of Emblems as Indicative Devices
- Willful unauthorized use of emblems or related words/signals in any form is punishable by arresto mayor or fines.
- Liability attaches to responsible individuals in organizations tolerating misuse.
- Foreign offenders may be deported and blacklisted.
- Courts may order forfeiture of proceeds and property involved.
Misuse of Emblems as Protective Devices in Armed Conflict
- Perfidious use causing death, injury, or capture is a war crime with severe penalties including reclusion perpetua and fines.
- Lesser but serious penalties apply if no serious harm results.
- Unauthorized emblem use in armed conflict punished by prision correccional and fines.
- Liability and deportation provisions apply as in indicative misuse.
Interim Measures to Prevent Misuse
- Government agencies may seize, demand removal, or destroy objects violating the Act.
- Prior lawful use of Red Crystal emblem permitted if it does not confer protection in armed conflict.
- Users must withdraw unauthorized emblem uses and products within two months of the Act's promulgation.
Prohibition on Use and Registration of Emblem-Related Marks
- Tradenames, trademarks, service marks, and other registrations using the emblems or related words are prohibited.
Relationship with the Constitution
- The Act supplements constitutional provisions, especially on international law and human rights.
Relationship with International Law
- Philippine courts are guided by the Geneva Conventions and Protocols, International Red Cross regulations, and international criminal and human rights law.
Relationship with the Revised Penal Code and Other Laws
- This Act prevails over conflicting provisions in the Revised Penal Code, Civil Code, and special laws concerning criminal and civil liabilities.
- Administrative liability of public officers governed by Uniform Rules on Administrative Cases in the Civil Service also applies.
Relationship with Revised Rules on Criminal Procedure
- Revised Rules on Criminal Procedure applied in prosecuting crimes under this Act.
- Supreme Court may formulate additional special rules.
Relationship with Intellectual Property and Corporate Laws
- The Intellectual Property Code, Corporation Code, and DTI regulations are suppletory but subordinate to this Act for emblem-related matters.
Implementing Rules and Regulations
- DND, DOH, and DTI to adopt IRR within five months of the Act's effectivity, in consultation with PRC.
Suppletory Effect and Severability
- The Act supplements other international humanitarian laws.
- Invalid provisions do not affect the validity of the remainder of the Act.
Repealing Clause and Effectivity
- Laws and issuances inconsistent with this Act are repealed or modified accordingly.
- The Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.