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REPUBLIC
ACT NO. 8491
AN
ACT PRESCRIBING THE CODE OF THE NATIONAL FLAG, ANTHEM,
MOTTO, COAT-OF-ARMS AND OTHER HERALDIC ITEMS AND DEVICES
OF THE PHILIPPINES
SECTION 1. Short
title. — This Act shall be known as the "Flag
and Heraldic Code of the Philippines."
SECTION 2. Declaration of policy. — Reverence
and respect shall at all times be accorded the flag,
the anthem, and other national symbols which embody
the national ideals and traditions and which express
the principles of sovereignty and national solidarity.
The heraldic items and devices shall seek to manifest
the national virtues and to inculcate in the minds and
hearts of our people a just pride in their native land,
fitting respect and affection for the national flag
and anthem, and the proper use of the national motto,
coat-of-arms and other heraldic items and devices.
SECTION 3. Definition of terms. — Whenever used
in this Act, the term:
a) "Military"
shall mean all branches of the Armed Forces of the Philippines
including the Philippine National Police, the Bureau
of Jail Management and Penology, and the Bureau of Fire
Protection;
b) "Festoon" shall mean to hang in a curved shape
between two points as a decoration;
c) "Flag" shall mean the Philippine National
Flag, unless stated otherwise;
d) "Fly" shall mean the part of the flag outside
the hoist or length;
e) "Symbol" shall mean any conventional sign
which reveals man's achievement and heroism (for orders
and decorations), identification, authority and a sign
of dignity (for coat-of-arms, logo and insignia);
f) "Half-Mast" shall mean lowering the flag to
one-half the distance between the top and bottom of
the staff;
g) "Hoist" shall mean the part of the flag nearest
the staff or the canvass to which the halyard is attached;
h) "Inclement Weather" shall mean that a typhoon
signal is raised in the locality;
i) "National Anthem" shall mean the Philippine
National Anthem;
j) "Official Residences" shall mean Malacañang,
and other government-owned structures where the President
resides, and other structures occupied by the Philippine
Consulate or Embassies abroad;
k) "Places of Frivolity" shall mean places of hilarity
marked by or providing boisterous merriment or recreation;
and
l) "Institute" shall mean the National Historical
Institute.
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CHAPTER
I
THE
NATIONAL FLAG
A.
Design of the National Flag
SECTION 4. The flag of the Philippines shall be blue,
white and red with an eight-rayed golden-yellow sun
and three five-pointed stars, as consecrated and honored
by the people.
B.
Hoisting and Display of the National Flag
SECTION 5. The flag shall be displayed in all public
buildings, official residences, public plazas, and institutions
of learning every day throughout the year.
SECTION 6. The flag shall be permanently hoisted, day
and night throughout the year, in front of the following:
at Malacañang Palace; the Congress of the Philippines
building; Supreme Court building; the Rizal Monument
in Luneta, Manila; Aguinaldo Shrine in Kawit, Cavite;
Barasoain Shrine in Malolos, Bulacan; the Tomb of the
Unknown Soldier, Libingan ng mga Bayani; Musoleo de
los Beteranos dela Revolucion; all International Ports
of Entry and all other places as may be designated by
the Institute.
The flag shall be properly illuminated at night.
SECTION 7. The flag shall also be displayed in private
buildings and residences or raised in the open on flag-staffs
in front of said buildings every 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); and on such other days as may be declared
by the President and/or local chief executives.
The flag may also be displayed throughout the year in
private buildings or offices or raised in the open on
flag-staffs in front of private buildings: Provided,
That they observe flag-raising ceremonies in accordance
with the rules and regulations to be issued by the Office
of the President.
SECTION 8. All government agencies and instrumentalities,
and local government offices, government-owned corporations
and local government units are enjoined to observe flag
day with appropriate ceremonies. Socio-civic groups,
non-government organizations and the private sector
are exhorted to cooperate in making the celebrations
a success.
SECTION 9. The flag shall be flown on merchant ships
of Philippine registry of more than one thousand (1000)
gross tons and on all naval vessels.
On board naval vessels, the flag shall be displayed
on the flag-staff at the stern when the ship is at anchor.
The flag shall be hoisted to the gaff at the aftermast
when the ship is at sea.
SECTION 10. The flag, if flown from a flagpole, shall
have its blue field on top in time of peace and the
red field on top in time of war; if in a hanging position,
the blue field shall be to the right (left of the observer)
in time of peace, and the red field to the right (left
of the observer) in time of war.
The flagpole staff must be straight and slightly tapering
at the top.
SECTION 11. If planted on the ground, the flagpole shall
be at a prominent place and shall be of such height
as would give the flag commanding position in relation
to the buildings in the vicinity.
If attached to a building, the flagpole shall be on
top of its roof or anchored on a sill projecting at
an angle upward.
If on a stage or platform or government office, the
flag shall be at the left (facing the stage) or the
left of the office upon entering.
SECTION 12. When the Philippine flag is flown with another
flag, the flags, if both are national flags, must be
flown on separate staffs of the same height and shall
be of equal size. The Philippine flag shall be hoisted
first and lowered last.
If the other flag is not a national flag, it may be
flown in the same lineyard as the Philippine flag but
below the latter and it cannot be of greater size than
the Philippine flag.
SECTION 13. When displayed with another flag, the Philippine
flag shall be on the right of the other flag. If there
is a line of other flags, the Philippine flag shall
be in the middle of the line.
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.
SECTION 14. A 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.
SECTION 15. The flag shall be raised at sunrise and
lowered at sunset. It shall be on the mast at the start
of official office hours, shall remain flying throughout
the day.
SECTION 16. The flag may be displayed:
a) Inside
or outside a building or on stationary flagpoles. If
the flag is displayed indoors on a flagpole, it shall
be placed at the left of the observer as one enters
the room;
b) From the top of a flagpole, which shall be at a prominent
place or a commanding position in relation to the surrounding
buildings;
c) From a staff projecting upward from the window sill,
canopy, balcony or facade of a building;
d) In a suspended position from a rope extending from
a building to pole erected away from the 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.
The flag shall not be raised when the
weather is inclement. If already raised, the flag shall
not be lowered.
SECTION 17. The flag shall be hoisted to the top briskly
and lowered ceremoniously.
The flag shall never touch anything beneath it, such
as the ground, flood, water or other objects.
After being lowered, the flag shall be handled and folded
solemnly as part of the ceremony.
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C.
Conduct of Flag Raising Ceremony
SECTION 18. All government offices and educational institutions
shall henceforth observe the flag-raising ceremony every
Monday morning and the flag lowering ceremony every
Friday afternoon. The ceremony shall be simple and dignified
and shall include the playing or singing of the Philippine
National Anthem.
SECTION 19. The Office of the President upon the recommendation
of the Institute shall issue rules and regulations for
the proper conduct of the flag ceremony.
SECTION 20. 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 in
its original Filipino lyrics and march tempo.
SECTION 21. During the flag-raising ceremony, the assembly
shall stand in formation facing the flag. At the moment
the first note of the anthem is heard, everyone in the
premises shall come to attention; moving vehicles shall
stop. All persons present shall place their right palms
over their chests, those with hats shall uncover; while
those in military, scouting, security guard, and citizens
military training uniforms shall give the salute prescribed
by their regulations, which salute shall be completed
upon the last note of the anthem.
The assembly shall sing the Philippine national anthem,
accompanied by a band, if available, and at the first
note, the flag shall be raised briskly.
The same procedure shall be observed when the flag is
passing in review or in parade.
SECTION 22. During the flag lowering, the flag shall
be lowered solemnly and slowly so that the flag shall
be down the mast at the sound of the last note of the
anthem. Those in the assembly shall observe the same
deportment or shall observe the same behavior as for
the flag-raising ceremony.
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D.
Half-Mast
SECTION 23. The flag shall be flown at half-mast as
a sign of mourning on all the buildings and places where
it is displayed, as provided for in this Act, on the
day of official announcement of the death of any of
the following officials:
a) The President
or a former President, for ten (10) days;
b) The Vice-President, the Chief Justice, the President
of the Senate and the Speaker of the House of Representatives,
for seven (7) days; and
c) Other persons to be determined by the Institute,
for any period less than seven (7) days.
The flag shall be flown at half-mast
on all the buildings and places where the decedent was
holding office, on the day of death until the day of
interment of an incumbent member of the Supreme Court,
the Cabinet, the Senate or the House of Representatives,
and such other persons as may be determined by the Institute.
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 to the peak
before it is lowered for the day.
E.
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 of civilians who have rendered
distinguished service to the nation, as may be 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 handed over to the
heirs of the deceased.
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F.
Pledge to the Flag
SECTION 25. The following shall be the Pledge of Allegiance
to the Philippine flag:
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
Maka-tao
Makakalikasan at
Makabansa.
Such pledge shall be recited while
standing with the right hand with palm open raised shoulder
high. Individuals whose faith or religious beliefs prohibit
them from making such pledge must nonetheless show full
respect when the pledge is being rendered by standing
at attention.
G.
Flag Days
SECTION 26. The period from May 28 to June 12 of each
year is declared as Flag Days, during which period all
offices, agencies and instrumentalities of government,
business establishments, institutions of learning and
private homes are enjoined to display the flag.
H.
Specifications of the National Flag
SECTION 27. The flag shall have the following proportions.
The width of the flag, 1; the length of the flag, 2;
and the sides of the white triangle, 1.
SECTION 28. The technical specifications shall be as
follows:
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 29. In order to establish uniform
criteria in the making of our national flag and to guarantee
its durability by the use of quality materials, the
following standards and procedures shall be observed:
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;
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, 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 by the requisitioning
office, not by the flag supplier; and
c) The Industrial Technology Development Institute (ITDI)
or the Philippine Textile Research Institute (PTRI)
of the Department of Science and Technology (DOST) shall
evaluate the quality of material of all flag samples
and certify whether the fabric for the blue, white,
red and golden yellow colors, including the canvas submitted,
conforms to government requirement as to quality of
the material. The samples shall be sent annually to
the ITDI/PTRI by the manufacturer. The laboratory test
results shall be submitted by the said office to the
Institute.
SECTION 30. All deliveries of the flags
requisitioned by the government shall be inspected by
the requisitioning agency's internal inspector and by
the Commission on Audit (COA) using the flag stamped
approved by the Institute as reference.
SECTION 31. In carrying out its responsibilities under
Section 4 hereof, the Institute, COA, the ITDI/PTRI
shall prepare guidelines to be approved by the Office
of the President.
SECTION 32. All government agencies and instrumentalities
shall ensure that the requirements under this Act with
respect to the standards, requisitions and delivery
of the national flag are strictly complied with.
SECTION 33. All departments, agencies, offices, and
instrumentalities of the government, government-owned
or controlled corporations, local government units,
including barangays, shall include in their annual budgets
the necessary outlay for the purchase of the national
flag.
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I.
Prohibited Acts
SECTION 34. It shall be prohibited:
a) To mutilate,
deface, defile, trample on or cast contempt or commit
any act or omission casting dishonor or ridicule upon
the flag or over its surface;
b) To dip the flag to any person or object by way of
compliment or salute;
c) To use the flag:
1) As a drapery,
festoon, tablecloth;
2) As covering for ceilings, walls, statues or other
objects;
3) As a pennant in the hood, side, back and top of motor
vehicles;
4) As a staff or whip;
5) For unveiling monuments or statues; and
6) As trademarks, or for industrial, commercial or agricultural
labels or designs.
d) To display
the flag:
1) Under any
painting or picture;
2) Horizontally face-up. It shall always be hoisted
aloft and be allowed to fall freely;
3) Below any platform; or
4) In discotheques, cockpits, night and day clubs, casinos,
gambling joints and places of vice or where frivolity
prevails.
e) To wear
the flag in whole or in part as a costume or uniform;
f) To add any word, figure, mark, picture, design, drawings,
advertisement, or imprint of any nature on the flag;
g) To print, paint or attach representation of the flag
on handkerchiefs, napkins, cushions, and other articles
of merchandise;
h) To display in public any foreign flag, except in
embassies and other diplomatic establishments, and in
offices of international organizations;
i) To use, display or be part of any advertisement or
infomercial; and
j) To display the flag in front of buildings or offices
occupied by aliens.
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CHAPTER
II
THE
NATIONAL ANTHEM
SECTION 35. The National Anthem is
entitled Lupang Hinirang.
SECTION 36. The National Anthem shall always be sung
in the national language within or without the country.
The following shall be the lyrics of the National Anthem:
Bayang
magiliw,
Perlas ng Silanganan
Alab ng puso,
Sa Dibdib mo'y buhay.
Lupang Hinirang,
Duyan ka ng magiting,
Sa manlulupig,
Di ka pasisiil.
Sa dagat at bundok,
Sa simoy at sa langit mong bughaw,
May dilag ang tula,
At awit sa paglayang minamahal.
Ang kislap ng watawat mo'y
Tagumpay na nagniningning,
Ang bituin at araw niya,
Kailan pa ma'y di magdidilim,
Lupa ng araw ng luwalhati't pagsinta,
Buhay ay langit sa piling mo,
Aming ligaya na pag may mang-aapi,
Ang mamatay ng dahil sa iyo.
SECTION 37. The rendition of the National
Anthem, whether played or sung, shall be in accordance
with the musical arrangement and composition of Julian
Felipe.
SECTION 38. When the National Anthem is played at a
public gathering, whether by a band or by singing or
both, or reproduced by any means, the attending public
shall sing the anthem. The singing must be done with
fervor.
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 their right palms over their left
chests. Those in military, scouting, citizens military
training and security guard uniforms shall give the
salute prescribed by their regulations. The salute shall
be completed upon the last note of the anthem.
The anthem shall not be played and sung for mere recreation,
amusement or entertainment purposes except on the following
occasions:
a) International
competitions where the Philippines is the host or has
a representative;
b) Local competitions;
c) During the "signing off" and "signing on" of radio
broadcasting and television stations;
d) Before the initial and last screening of films and
before the opening of theater performances; and
e) Other occasions as may be allowed by the Institute.
SECTION 39. 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 hereby directed to comply
strictly with the rules prescribed for the rendition
of the anthem. Failure to observe the rules shall be
a ground for administrative discipline.
CHAPTER
III
THE
NATIONAL MOTTO
SECTION 40. The National Motto shall be "MAKA-DIYOS,
MAKA-TAO, MAKAKALIKASAN AT MAKABANSA."
CHAPTER
IV
THE
NATIONAL COAT-OF-ARMS
SECTION 41. The National Coat-of-Arms shall have:
Paleways
of two (2) pieces, azure and gules; a chief argent studded
with three (3) mullets equidistant from each other;
and, in point of honor, ovoid argent over all the sun
rayonnant with eight minor and lesser rays. Beneath
shall be the scroll with the words "REPUBLIKA NG
PILIPINAS," inscribed thereon.
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CHAPTER
V
THE
GREAT SEAL
SECTION 42. 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.
The Great Seal shall also bear the National Motto.
SECTION 43. 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.
CHAPTER
VI
OFFICIAL
SEAL AND OTHER HERALDIC ITEMS
AND
DEVICES
SECTION 44. 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 may be
authorized by Congress or the Office of the President.
SECTION 45. Such heraldic devices and items shall be
filed with the Institute for recording and evaluation
as to precedence, design, customs and traditions. The
Institute shall promulgate the corresponding rules and
regulations which shall be submitted for approval to
the Office of the President or to Congress.
SECTION 46. All government offices including the military
are hereby ordered to purchase all heraldic items and
devices from manufacturers accredited and authorized
by the Institute. Such items and devices shall be subject
to inspection by the purchasing agency's internal inspector
and the COA representative using the design and specifications
approved by the Office of the President or by the Congress,
through the Institute.
SECTION 47. 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.
CHAPTER
VII
PENALTIES
SECTION 48. 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 after proper notice and hearing, shall be penalized
by public censure which shall be published at least
once in a newspaper of general circulation.
The Department of Education, Culture and Sports and
the Commission on Higher Education, upon the recommendation
of the Institute and after proper notice and hearing,
shall cause the cancellation of the recognition or permit
of any private educational institution which fails or
refuses to observe the provisions of this Act for the
second time.
SECTION 49. The Department of Education, Culture and
Sports (DECS) and the Commission on Higher Education
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. 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.
SECTION 50. Any person or juridical entity which violates
any of the provisions of this Act shall, upon conviction,
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 such fine and imprisonment, at the discretion of
the court: Provided, That for any second and additional
offenses, both fine and imprisonment shall always be
imposed: Provided, further, That in case the violation
is committed by a juridical person, its President or
Chief Executive Officer thereof shall be liable.
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CHAPTER
VIII
COMMON
PROVISIONS
SECTION 51. The Institute shall issue the necessary
rules and regulations to implement the provisions of
this Act within ninety (90) days after effectivity.
The Institute shall submit its rules and regulations
to the Office of the President and the Congress of the
Philippines.
SECTION 52. The Institute shall also be responsible
for the strict enforcement of the provisions of this
Act. It may call upon any government department, agency,
office, or government instrumentality, including government
corporations, and local government units, for such assistance
as it may deem necessary for the effective discharge
of its functions under this Act.
SECTION 53. Separability clause. — If any provision,
or part hereof, is held invalid or unconstitutional,
the remainder of this Act not otherwise affected shall
be valid and subsisting.
SECTION 54. Repealing clause. — Any law, presidential
decree or issuance, executive order, letter of instruction,
administrative order, rule or regulation contrary to,
or inconsistent with, the provisions of this Act is
hereby repealed, modified, or amended accordingly.
SECTION 55. Effectivity. — This Act shall take
effect fifteen (15) days from the date of its publication
in the Official Gazette or in at least two (2) newspapers
of general circulation.
Approved:
February 12, 1998
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***Obtained file by PHILIPPINEONATION***
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