AN ACT DEFINING THE USE AND PROTECTION OF THE RED CROSS

Case Overview and Summary

Summary of The Red Cross and Other Emblems Act of 2013

Introductory Provisions
- Declares principles and state policies on renouncing war, adhering to international humanitarian law, and protecting the emblems (Sec. 2)
- Defines key terms like "armed conflict", "emblems", "indicative use", "protective use", etc. (Sec. 3)

Rules on the Use of Emblems
- Authorizes the Medical Service of the Armed Forces of the Philippines (AFP) to use the Red Cross emblem for medical personnel, units, and transports in peacetime and armed conflict (Sec. 4)
- Authorizes the Department of Health (DOH) to mark civilian hospitals, medical units, and transports with the Red Cross emblem in armed conflict (Sec. 5)
- Allows the Philippine Red Cross (PRC) to use medical personnel and units marked with the Red Cross emblem to assist the AFP Medical Service (Sec. 6)
- Authorizes the PRC to use the emblem as an indicative device and allows temporary use of the Red Crystal emblem in exceptional circumstances (Sec. 7)
- Allows international organizations of the Red Cross and Red Crescent Movement to use the emblems at any time (Sec. 8)

Control and Penalties
- Requires the DND, DOH, and DTI to ensure compliance, prevent misuse, and issue instructions on proper use (Sec. 9)
- Allows the PRC to cooperate in preventing misuse and participate in relevant proceedings (Sec. 10)
- Imposes penalties for misuse of the emblems as indicative devices in peacetime and armed conflict, including fines of at least P50,000 and potential forfeiture of proceeds (Sec. 11)
- Imposes penalties for perfidious misuse of the emblems as protective devices in armed conflict, including reclusion perpetua and fines up to P1,000,000 for resulting in death or serious injury (Sec. 12)
- Allows interim measures like seizure of materials, removal of emblems, and forfeiture or destruction of instruments used for reproduction (Sec. 13)
- Prohibits the use and registration of tradenames, businessnames, trademarks, etc. using the emblems or words (Sec. 14)

Relationship with Other Laws
- Establishes the relationship and hierarchy with the Constitution, international law, the Revised Penal Code, the Revised Rules on Criminal Procedure, the Intellectual Property Code, the Corporation Code, and DTI rules and regulations (Secs. 15-19)

Final Provisions
- Requires the DND, DOH, and DTI to adopt implementing rules and regulations within 5 months (Sec. 20)
- Includes separability and repealing clauses (Secs. 22-23)
- Sets the effectivity date 15 days after publication in the Official Gazette or newspaper (Sec. 24)