FLAG AND HERALDIC CODE OF THE PHILIPPINES

Case Overview and Summary

Summary of Republic Act No. 8491 (Flag and Heraldic Code of the Philippines)

Declaration of Policy (Section 2)
- Reverence and respect shall be accorded to the flag, anthem, and other national symbols.
- The heraldic items and devices shall manifest national virtues and inculcate pride in the nation.

Definitions (Section 3)
- Defines terms such as "military", "festoon", "flag", "fly", "symbol", "half-mast", "hoist", "inclement weather", "national anthem", "official residences", "places of frivolity", and "institute".

The National Flag

Design of the National Flag (Section 4)
- The flag shall be blue, white, and red with an eight-rayed golden-yellow sun and three five-pointed stars.

Hoisting and Display of the National Flag (Sections 5-17)
- The flag shall be displayed in public buildings, official residences, public plazas, and institutions of learning every day.
- The flag shall be permanently hoisted day and night at specified locations, including Malacañang Palace, Congress of the Philippines building, Supreme Court building, Rizal Monument, Aguinaldo Shrine, Barasoain Shrine, Tomb of the Unknown Soldier, and international ports of entry. (Section 6)
- The flag shall also be displayed in private buildings and residences on specified dates, such as April 9 (Araw ng Kagitingan), May 1 (Labor Day), May 28 (National Flag Day) to June 12 (Independence Day), last Sunday of August (National Heroes Day), November 30 (Bonifacio Day), and December 30 (Rizal Day). (Section 7)
- All government agencies and instrumentalities, and local government offices are enjoined to observe flag day with appropriate ceremonies. (Section 8)
- The flag shall be flown on merchant ships of Philippine registry of more than 1000 gross tons and on all naval vessels. (Section 9)
- Specifies the proper positioning of the flag based on time of peace or war. (Section 10)
- Specifies the proper placement of the flagpole. (Sections 11-12)
- Specifies the proper display of the Philippine flag when flown with another flag. (Sections 12-13)
- Worn-out flags shall be solemnly burned and replaced immediately. (Section 14)
- The flag shall be raised at sunrise and lowered at sunset. (Section 15)
- Specifies the proper ways to display the flag. (Section 16)
- The flag shall be hoisted briskly and lowered ceremoniously, and shall never touch anything beneath it. (Section 17)

Conduct of Flag Raising Ceremony (Sections 18-22)
- All government offices and educational institutions shall observe the flag-raising ceremony every Monday morning and the flag lowering ceremony every Friday afternoon. (Section 18)
- The Office of the President shall issue rules and regulations for the proper conduct of the flag ceremony. (Section 19)
- The observance of the flag ceremony in official or civic gatherings shall be simple and dignified, and shall include the playing or singing of the anthem. (Section 20)
- Specifies the proper conduct during the flag-raising and flag lowering ceremonies. (Sections 21-22)

Half-Mast (Section 23)
- The flag shall be flown at half-mast as a sign of mourning on specified occasions, such as the death of the President, Vice-President, Chief Justice, President of the Senate, Speaker of the House of Representatives, and other persons determined by the Institute.

Casket (Section 24)
- The flag may be used to cover the caskets of the honored dead of the military, veterans of previous wars, national artists, and civilians who have rendered distinguished service to the nation, as determined by the local government unit concerned.

Pledge to the Flag (Section 25)
- Specifies the Pledge of Allegiance to the Philippine flag.

Flag Days (Section 26)
- The period from May 28 to June 12 of each year is declared as Flag Days, during which all offices, agencies, instrumentalities of government, business establishments, institutions of learning, and private homes are enjoined to display the flag.

Specifications of the National Flag (Sections 27-33)
- Specifies the proportions, colors, and technical specifications of the national flag.
- Establishes standards and procedures for the making of the national flag, including evaluation by the Institute and the Industrial Technology Development Institute (ITDI) or the Philippine Textile Research Institute (PTRI).
- All government agencies and instrumentalities shall include in their annual budgets the necessary outlay for the purchase of the national flag.

Prohibited Acts (Section 34)
- Lists prohibited acts related to the national flag, such as mutilating, defacing, defiling, trampling on, or casting contempt or ridicule upon the flag; using the flag for improper purposes; displaying the flag in certain ways or locations; wearing the flag as a costume or uniform; adding words, figures, marks, or designs to the flag; printing or attaching representations of the flag on merchandise; displaying foreign flags in public (except in embassies and international organizations); using the flag in advertisements; and displaying the flag in front of buildings or offices occupied by aliens.

The National Anthem (Sections 35-39)
- The National Anthem is entitled "Lupang Hinirang".
- Specifies the lyrics of the National Anthem in the national language.
- The rendition of the National Anthem shall be in accordance with the musical arrangement and composition of Julian Felipe.
- Specifies the proper conduct during the playing or singing of the National Anthem.
- Lists occasions when the National Anthem may be played or sung.
- All officials and employees of the national and local government, and any agency or instrumentality thereof, including government-owned or controlled corporations, privately-owned entities or offices displaying the national flag, and government institutions of learning are directed to comply strictly with the rules prescribed for the rendition of the anthem.

The National Motto (Section 40)
- The National Motto shall be "MAKA-DIYOS, MAKA-TAO, MAKAKALIKASAN AT MAKABANSA".

The National Coat-of-Arms (Section 41)
- Describes the design of the National Coat-of-Arms.

The Great Seal (Sections 42-43)
- Describes the design of the Great Seal.
- The Great Seal shall be affixed to or placed upon all commissions 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.

Official Seal and Other Heraldic Items and Devices (Sections 44-47)
- Any government entity, including the military, may adopt appropriate coat-of-arms, administrative seals, logo, insignia, badges, patches, and banners; and initiate awards, citations, orders or decorations, as authorized by Congress or the Office of the President. (Section 44)
- Such heraldic devices and items shall be filed with the Institute for recording and evaluation. (Section 45)
- All government offices, including the military, shall purchase heraldic items and devices from manufacturers accredited and authorized by the Institute. (Section 46)
- No government official or employee shall accept any order or decoration from any foreign government without the consent of Congress and without the prior evaluation and documentation of such order or decoration by the Institute. (Section 47)

Penalties (Sections 48-50)
- Failure or refusal to observe the provisions of this Act, and any violation of the corresponding rules and regulations issued by the Office of the President, shall be penalized by public censure. (Section 48)
- The Department of Education, Culture and Sports and the Commission on Higher Education shall ensure that the National Anthem is committed to memory by all students and performed during the flag ceremony. (Section 49)
- Any person or juridical entity which violates any of the provisions of this Act shall be punished by a fine of not less than Five thousand pesos (P5,000) nor more than Twenty thousand pesos (P20,000), or by imprisonment for not more than one (1) year, or both. For any second and additional offenses, both fine and imprisonment shall always be imposed. (Section 50)

Common Provisions (Sections 51-55)
- The Institute shall issue the necessary rules and regulations to implement the provisions of this Act within ninety (90) days after effectivity. (Section 51)
- The Institute shall be responsible for the strict enforcement of the provisions of this Act and may call upon any government department, agency, office, or government instrumentality for assistance. (Section 52)
- Separability clause. (Section 53)
- Repealing clause. (Section 54)
- Effectivity clause. (Section 55)