107599196! PDF
107599196! PDF
107599196! PDF
SENATE
EXPLANATORY NOTE
Republic Act 8491, also known as, "The Flag and Heraldic Code
of the Philippines", is hereby amended to highlight the importance of
complying, abiding and conforming to the standard expression as
prescribed by law.
AN ACT
AMENDING REPUBLIC ACT NO. 8491 ENTITLED, "AN ACT PRESCRIBING
THE CODE OF THE NATIONAL FLAG, ANTHEM, MOTTO, COAT·OF·ARMS
AND OTHER HERALDIC ITEMS AND DEVICES OF THE PHILIPPINES"
OTHERWISE KNOWN AS THE FLAG AND HERALDIC CODE
"(b) "Festoon" shall mean to hang in a curve shape between two points
as a decoration, CURTAIN, DRAPE, ETC.;
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"(c) "Flag" shall mean ANY REPRESENTATION OF the Philippine
National Flag IN WHATEVER MEDIA, unless stated otherwise;
"(d) "Fly" shall mean the part of the flag outside the hoist or length;
"(g) "Hoist" shall mean the part of the flag nearest the staff or the
canvass to which the halyard is attached;
"[(a)] (1)"Military" shall mean all branches of the Armed Forces of the
Philippines including the Philippine National Police, the Bureau of Jail
Management and Penology, the Bureau of Fire Protection, BUREAU
OF IMMIGRATION AND DEPORTATION, BUREAU OF CUSTOMS,
COAST GUARD, AND OTHER AGENCIES USING RANK INSIGNIA;
"CHAPTER I
"THE NATIONAL FLAG
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"The flag, ON THE ABOVE-STATED PLACES, shall be properly
illuminated at night.
[The flagpole staff must be straight and slightly tapering at the top.]
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SECTION 9. Section 11 of Republic Act No. 8491 is hereby renumbered and
amended to read as follows:
"If the other flag is not a national flag, it may be flown DURING
SPECIAL OCCASIONS in the same [Iineyard] HALYARD as the
Philippine flag but below the latter and it cannot be of greater size than
the Philippine flag.
"When carried in a parade with flags which are not national flags,
the Philippine flag shall be in front of the center of the line.
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"SEC. [14]13. DISPOSAL OF WORN OUT FLAG - [A] THE flag
worn out through wear and tear, shall not be thrown away. It shall be
solemnly burned to avoid misuse or desecration. The flag shall be
replaced immediately when it begins to show signs of wear and tear.
"SEC. [16] 15. MANNER OF DISPLA YING THE FLAG - The flag
may be displayed:
"(c) From a staff projecting upward from the window sill, canopy,
balcony or facade of a building[.];
"(e) Flat against the wall vertically with the sun and stars on top;
and
"(f) Hanging in a vertical position across a street, with the blue field
pointing east, if the road is heading south or north, or pointing
north if the road is heading east or west.
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"The flag shall never touch anything beneath it, such as the
ground, flood, water or other objects.
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their regulations, which salute shall be completed upon the last note of
the anthem.
"The flag when flown at half-mast shall be first hoisted to the peak
for a moment then lowered to the half-mast position. The flag shall again
be raised briskly to the peak before it is lowered for the day.
[E. Casket)
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SECTION 22. Section 24 of Republic Act No. 8491 is hereby renumbered
and amended as follows:
"SEC. [24] 22. FLAG OVER THE CASKET - The flag may be
used to cover the caskets of the honored dead of the military, veterans
of previous wars, national artists, and of civilians who have rendered
distinguished service to the nation, as maybe determined by the local
government unit concerned. In such cases, the flag shall be placed such
that the white triangle shall be at the head and the blue portion shall cover
the right side of the caskets. The flag shall not be lowered to the grave or
allowed to touch the ground, but shall be folded solemnly and [handled]
HANDED over to the heirs of deceased.
"Ako ay Pilipino
Buong katapatang nanunumpa
Sa watawat ng Pilipinas
At sa bansang kanyang sinasagisag
Na may dangal, katarungan at kalayaan
Na pinakikilos ng sambayanang
Maka-Diyos
Malta-tao
Makakalikasan at
Makabansa
SECTION 25. Section 8 of Republic Act No. 8491 is hereby renumbered and
amended to read as follows:
"SEC. [27] 26. FLAG PROPORTIONS - The flag shall have the
following proportions. The width of the flag, ONE (1); the length of the
flag, TWO (2); and the sides of the white triangle, ONE (1).
"The blue color shall bear Cable No. 80173; the white color, Cable No,
80001; the red color, Cable No. 80108; and the golden yellow, Cable No.
80068.
SECTION 28. Section 29 of Republic Act No. 8491 is hereby renumbered and
amended to read as follows:
"(a) All requisitions for the purchase of the Philippine National Flag must be
based on strict compliance with the design, color, craftsmanship and
material requirements of the
Government;
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"(b) All submitted samples of flags by accredited suppliers offered for
purchase for government use shall be evaluated as to design, color and
craftsmanship specifications by the [Institute] NHI, through its Heraldry and
Display Section, which shall stamp its approval or disapproval on the
canvass reinforcement of the flag sample submitted. The samples shall be
sent to the [Institute] NHI by the requisitioning office, not by the flag supplier;
and
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PUBLIC AWARENESS PROGRAM AS WELL AS THE PROPER
IMPLEMENTATION OF THE PROVISIONS OF THE FLAG LAW.
[h. To display in public any foreign flag, except in embassies and other
diplomatic establishments, and non offices of international organizations,]
"CHAPTER"
"THE NATIONAL ANTHEM
"Bayang magi/iw,
Per/as ng Silanganan,
A/ab ng puso,
Sa dibdib mo'y buhay.
Lupang hinirang,
Duyan ka ng magiting,
Sa man/u/upig,
Di ka pasisiil.
Sa dagat at bundok,
Sa simoy at sa /angit mong bughaw,
May diJag ang tu/a,
At awit sa pag/ayang minamaha/.
Ang kis/ap ng watawat mo'y
Tagumpay na nagniningning,
Ang bituin at araw niya.
KaiJan pa ma 'y di magdidiJim[,j.
Lupa ng araw, ng /uwa/hati't pagsinta,
Buhay ay /angit sa piling mo,
Aming /igaya na pag may mang-aapi ,
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Ang mamamatay ng dahil sa iya. m
"As a sign of respect, all persons shall stand at attention and face
the Philippine flag, if there is one displayed, and if there is none, they
shall face the band or the conductor. At the first note, all persons shall
execute a salute by placing the right palms over their left chests. [Those in
military, scouting, citizen's] THE MILITARY AND THOSE in military
training and security guard uniform shall give the salute prescribed by
their regulations. The salute shall be completed upon the last note of the
anthem.
"(c) During the "signing oft" and "signing on" of radio broadcasting and
television stations;
"(d) Before the initial and last screening of films or before the opening
of theater performances; PROVIDED THAT THE OWNERS AND
MANAGEMENT OF THE ESTABLISHMENTS SHALL BE MANDATED
TO ENFORCE PROPER DECORUM AND IMPLEMENT THE
PERTINENT PROVISIONS OFTHIS ACT; and
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SECTION 37.· Section 39 of Republic Act No. 8491 is hereby renumbered
and amended to read as follows:
SECTION 38. Section 40 Chapter 111 of Republic Act No. 8491 is hereby
renumbered and amended to read as follows:
"CHAPTER III
"THE NATIONAL MOTTO, THE COAT·OF·ARMS AND THE GREAT
SEAL
"SEC. [40] 38. THE NATIONAL MOTTO - The National Motto shall be
"MAKA-DIYOS, MAKA·TAO, MAKAKALlI<ASAN AT MAKABANSA.n
"[Paleways] FIELD of two (2) pieces, [azure and gules; a chief argent] BLUE
WITH AN EAGLE AND RED WITH A LION RAMPART, A WHITE FIELD
studded with three (3) [mullets] STARS equidistant from each other; and, in
point of honor, [ovoid argent] WHITE OVAL [overall the sun rayonnant with
eight minor and lesser rays] WITH THE PHILIPPINE SUN AT THE CENTER.
Beneath shall be the scroll with the words "REPUBLIKA NG PILIPINAS,"
inscribed thereon.
SECTION 40. Section 42, Chapter V of Republic Act No. 8491 is hereby
renumbered and amended to read as follow's:
[CHAPTER V
THE GREAT SEAL,]
"SEC. [42] 40. THE GREAT SEAL - The Great Seal shall be
circular in form, with the arms as described in the preceding section, but
without the scroll and the inscription thereon. Surrounding the whole
shall be a double marginal circle within which shall appear the words
"Republika ng Pilipinas." For the purpose of placing The Great Seal, the
color of the arms shall not be deemed essential but tincture
representation must be used.
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[The Great Seal shall bear the National Motto. ]
"SEC. [43] 41. WERE TO AFFIX THE GREAT SEAL - The Great
Seal shall be affixed to or placed upon all commission signed by the
President and upon such other official documents and papers of the
Republic of the Philippines as may be provided by law, or as may be
required by custom and usage. The President shall have custody of the
Great Seal.
SECTION 42. Section 44, Chapter VI of Republic Act No. 8491 is hereby
renumbered and amended to read as follows:
"CHAPTER [VI] IV
"OFFICIAL SEAL AND OTHER HERALDIC ITEMS AND DEVICES
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[SECTION 47. No government official or employee shall accept any orders or
decorations from any foreign government without the consent of Congress,
and without prior evaluation and documentation of such order or decoration by
the Institute.]
SECTION 46. Section 48, Chapter VI1 of Republic Act No. 8491 is hereby
renumbered and amended to read as follows:
"CHAPTER [VII] V
"PENALTIES
SECTION 48. Section 49, Chapter VI11 of Republic Act No. 8491 is hereby
renumbered and amended to read as follows:
"CHAPTER [VIII] VI
"COMMON PROVISIONS
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"SEC. [49] 47. OBLIGATIONS OF EDUCATION REGULATION
AGENCIES- The [Department of Education, Culture and Sports]
DEPED, [and the Commission on Higher Education] CHED AND
TESDA shall ensure that the National Anthem, as adopted by law, shall
be committed to memory by all students of both public and private
educational institutions, and performed during the flag ceremony
conducted in accordance with the rules and regulations issued by the
[Office of the President] NHI. In addition, they shall make available the
vocal, piano or band scores of the National Anthem, as adopted by law,
to all private and public schools, as well as the general public.
SEC 50. Separability Clause. - If for any reason, any portion or provIsion
of this Act shall be declared unconstitutional, other parts or provisions hereof
which are not affected thereby shall continue to be in full force and effect.
SEC. 51. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations, part or parts thereof, inconsistent with the provisions of this Act, are
hereby repealed or modified accordingly.
SEC. 52. Effectivity - The Act shall be effective fifteen (15) days from the date
of its publication in at least two (2) newspapers of general circulation.
Approved;
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