JRtpublic of tl]c ~lfilippincs$uprcmc q:ourt

Ql)fficc of tlJc Ceurt ,AbminiStrator~anila

CIRCULAR NO. 37 -96

TO

SUBJECT

ALL EXECUTIVE JUDGES

REPUBLICACT NO. 8491

For the information, guidance, and implementation of all concerned,

attached are copies of Republic Act No. 8491 .•AN ACT PRESCRIBING THE

CODE OF THE NATIONAL FLAG, ANTHEM, MOTTO, COAT-OF-ARMS AND

THE OTHER HERALDIC ITEMS AND DEVICES OF THE PHILIPPINES"

apprcvedby President Fidel V. Ramos on February 12, 1998.

Please be guided accordingly.

June 22, 1998.

---~~~~~-------,~ALFREDO L. BENIPAYO

Court Administrator

Ends.: Copies of RA NO. 8491.

062298

1~ L_e_g_i_SI_a_tl_·o_n 1I REPUBLICACTNO.8491 <I

AN ACT PRESCRIBING THECODE OF THE NATIONAL FLAG,ANTHEM, MOTTO, COAT-OF-ARMS AND THE OTHER HERAL-DIC ITEMS AND DEVICES OF TIIEPHILIPPINES

Be it enacted by the Senate andHouse oJ Representatives of the Phil-ippines in Congress assembled:

SECTION 1. Short Tit/e. - This Actshall be known as the "Flag and Heral-dic Code of the Philippines."

SEC. 2. Declaration oJ Policy.-Reverence and respect shall at all timesbe accorded the flag, the anthem, andother national symbols which embodythe national ideals and traditions andwhich express the principles of sover-eignty and national solidarity. The he-raldic items and devices shall seek tomanifest the national virtues and to in-culcate in the minds and hearts of ourpeople a just pride in their native land,fitting respect and affection for the na-tional flag and anthem, and the properuse of the national motto, coat-of-armsand other heraldic items and devices.

SEC. 3. Defini tion oJ Terms.-Whenever used in this Act, the term :

a) "Military" shall mean all branchesof the Armed Forces of the Philippinesincluding the Philippine National Police,the Bureau of Jail Management andPenology, and the Bureau of FireProtection;

b) "Festoon" shall mean to hang in a.. curved shape between two points as adecoration; .

c) "Flag" shall mean the PhilippineNational Flag, unless stated otherwise;

d) "Fly" shall mean the part of theflag outside the hoist or length;

e) "Symbol" shall mean any conven-tional sign which reveals man'sachievement and heroism (for ordersand decorations), identification, author-ity and a sign of dignity (for coat-of-arms, logo and insignia);

f) "Half-Mast" shall mean loweringthe flag to one-half the distance betweenthe top and bottom of the staff;

g) "Hoist" shall mean the part of theflag nearest the staff or the canvass towhich the halyard is attached;

h) "Inclement Weather" shall meanthat a typhoon signal is raised in the lo-cality;

i) "National Anthem" shall mean thePhilippine National Anthem;

j) "Official Residences" shall meanMalacafiang, and other government-owned structures where the Presidentresides, and other structures occupiedby the Philippine Consulate or Embas-sies abroad;

k) "Places of Frivolity" shall meanplaces of hilarity marked by or providingboisterous merriment or recreation; and

I) "Institute" shall mean the NationalHistorical Institute.

CHAPTER ITHE NATIONAL FLAG

A. Design of the National FlagSEC. 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 andhonored by the people.

B. Hoisting and Display of the Na-tional Flag

SEC. 5. The flag shall be displayedin all public buildings, official residences,public plazas, and institutions oflearningevery day throughout the year.

SEC. 6. The flag shall be perma-nently hoisted, day and night through-out the year, in front of the following: atMalacafiang Palace; the Congress ofthe Philippines building; Supreme Courtbuilding; the Rizal Monument in Luneta,Manila; Aguinaldo Shrine in Kawit,Cavite; Barasoain Shrine in Malolos,Bulacan; the Tomb of the UnknownSoldier, Libingan ng mga Bayani;Musoleo de los Beteranos delaRevolucion; All International Ports ofEntry and all other places as may bedesignated by the Institute.

The flag shall be properly illuminate.dat night.

SEC. 7. The flag shall also be dis-played in private buildings and resi-dences or raised in the open on flag-

staffs in front of said buildings everyApril 9 (Araw ng Kagitingan) •.May 1(Labor Day); May 28 (National FlagDay) to June 12 (Independence Day);last Sunday of August (National He-roes Day); November 30 (BonifacioDay.) and December 30 (Rizal Day);and on such other days as may be de-clared by the President and/or local chiefexecutives.

The flag may also be displayedthroughout the year in private buildingsor offices or raised in the open on flag-staffs in front ofprivate buildings: Pro-vided, That they observe flag-raisingceremonies in accordance with the rulesand regulations to be issued by the Of-fice of the President.

SEC. 8. All government agenciesand instrumentalities, and local govern-ment offices, government-ownedcorporations and local government unitsare enjoined to observe flag day withappropriate ceremonies. Socio-civicgroups, non-government organizationsand the private sector are exhorted tocooperate in making the celebrations asuccess.

SEC. 9, The flag shall be flown onmerchant ships of Philippine registry ofmore than one thousand (1000) grosstons and on all naval vessels.

On board naval vessels, the flag shallbe displayed on the flag-staff at thestem when the ship is at anchor. Theflag shall be hoisted to the gaff at theaftermast when the ship is at sea.

SEC. 10. The flag, if flown from aflagpole, shall have its blue field on timeof peace and red field on top in time ofwar; if in a hanging position, the bluefield shall be to the right (left of the ob-server) in time of peace, and the redfield to the right (left of the observer) intime of war.

The flagpole staff must be straightand slightly tapering at the top.

SEC. 11. If planted on the ground,the flagpole shall be at a prominent placeand shall be of such height as wouldgive the flag commanding position inrelation to the buildings in the vicinity.

If attached to a building, the flagpole

The Lawyers Review/March 31,1998 33

beon top of its roof or anchored. projecting at an angle upward.

QI1 a stage or platform or govern-office, the flag shall be at the leftthe stage) or the left of the of-

. n entering.C. 12. When the Philippine flag iswith one another flag, the flags,are national flags, must be flownate staffs of the same height

shallbe of equal size. The Phi lip-flagshall be hoisted first and low-last.the other flag is not a national flag,y be flown on the same line yardPhilippine flag but below the lat-d it cannot be of greater size thanbilippineflag.C. 13. When displayed withr flag, the Philippine flag shall beright of the other flag. If there isof other flags, the Philippine flagbe in the middle of the line.n carried in a parade with flagsarenot national flags, the Philip-

flagshall be in front of the centerline.C. 14. A flag worn out throughandtear, shall not be thrown away.Ibe solemnly burned to avoid mis-

or desecration. The flag shall beimmediately when it begins to

signs of wear and tear.EC. 15. The flag shall be raised at

lrise and lowered at sunset. It shallon the mast at the start of officialkehours,shall remain flying through-I the day.~EC.16. The flag may be displayed:I) Inside or outside a building or on~llary flagpoles. If the flag is dis-tOO indoor on a flagpole, it shall be:ell at the left of the observer as oners the room;I)From the top of a flagpole, which1 be at prominent place or a com-dingposition in relation to the sur-Klingbuildings;) From a staff projecting upward\ the window sill, canopy, balconyicade of a building;) In a suspended position from a:extending from a building to poleted away from the building;)Flatagainstthe wall vertically withsun and stars on top; and) Hanging in a vertical position

TIllLawyen Rev\ewMarch 31,1998

-

across a street, with the blue field point-ing east, if the road is heading south ornorth, or pointing north if the road isheading east or west.

The flag shall not be raised when theweather is inclement. If already raised,the flag shall not be lowered.

SEC. 17. The flag shall be hoisted tothe top briskly and lowered ceremoni-ously.

The flag shall never touch anythingbeneath it, such as the ground, flood,water or other objects.

After being lowered, the flag shallbe handled and folded solemnly as partof the ceremony.

C. Conduct of Flag Raising Cer-emony

SEC. 18. All government offices andeducational institutions shall henceforthobserve the flag-raising ceremony everyMonday morning and the flag loweringceremony every Friday afternoon. Theceremony shall be simple and dignifiedand shall include the playing or singingof the Philippine National Anthem.

SEC. 19. The Office of the Presi-dent upon the recommendation of theInstitute shall issue rules and regulationsfor the proper conduct of the flag cer-cmony.

SEC. 20. The observance of the flagceremony in official or civic gatheringsshall be simple and dignified and shallinclude the playing or singing of theanthem in its original Filipino lyrics andmarch tempo.

SEC. 21. During the flag-raising cer-emony, the assembly shall stand in for-mation facing the flag. At the momentthe first note of the anthem is heard,everyone in the premises shall come toattention; moving vehicles shall stop. Allpersons present shall place their rightpalms over their chests, those with hatshall uncover; while those in military,scouting, security guard, and citizensmilitary training uniforms shall give thesalute prescribed by their regulations,which salute .shall be completed uponthe last note of the anthem.

The assembly shall sing the Philip-pine National Anthem, accompanied bya band, if available, and at the first notethe flag shall be raised briskly.

The same procedure shall be ob-served when the flag is passing in re-view or in parade.

SEC. 22. During the flag lowering,

the flag shall be lowered solemnly andslowly so that the flag shall be downthe mast at the sound of the last note ofthe anthem. Those in the assembly shallobserve the same deportment or shallobserve the same behavior as for theflag-raising ceremony.

D. Half-MastSEC. 23. The flag shall be flown at

half-mast as a sign of mourning on allthe buildings and places where it isdisplayed, as provided for in this Act,on the day of official announcement ofthe death of any of the followingofficials:

a) The President or a former Presi-dent for ten (l0) days;

b) The Vice-President, the Chief Jus-tice, the President of the Senate andthe Speaker of the House of Repre-sentatives, for seven (7) days; and

c) Other persons to be determinedby the Institute, for any period less thanseven (7) days.

The flag shall be flown at half maston all the buildings and places wherethe decedent was holding office, on theday of death until the day of intermentof an incumbent member of the Su-preme Court, the Cabinet, the Senateor the House of Representatives, andsuch other persons as may be deter-mined by the Institute.

The flag when flown at half-mastshall be first hoisted to the peak for amoment then lowered to the half-mastposition. The flag shall again be raisedto the peak before it is lowered for theday.

E. CasketSEC. 24. The flag may be used to

cover the caskets of the honored deadof the military, veterans of previouswars, national artists, and of civilianswho have rendered distinguished serv-ice to the nation, as may be determinedby the local government unit concerned.In such cases, the flag shall be placedsuch that the white triangle shall be atthe head and the blue portion sha11coverthe right side of the caskets. The flagshall not be lowered to the grave or al-lowed to touch the ground, but shall befolded solemnly and handed over to theheirs of the deceased.

F. Pledge to the Flag. SEC. 25. The following shall be thePledge of Allegiance to the Philippine

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 stat-

ues; and6) As trademarks, or for industrial

commercial or agricultural labels ordesigns.

d) to display the flag:I) Under any painting or picture;2) Horizontally face-up. It shall al-

ways be hoisted aloft and be allowed tofall freely;

3) Below any platform; or4) In discotheques, cockpits, night

and day clubs, casinos, gambling jointsand places of vice or where frivolityprevails.

e) To wear the flag in whole or inpart as a costume or uniform;

f) To add any word, figure, mark, pic-ture, design, drawings, advertisement,or imprint of any nature on the flag;

g) To print, paint or attach represen-tation of the flag on handkerchiefs, nap-kins, cushions, and other articles ofmerchandise;

h) To display in public any foreignflag, except in embassies and other dip-lomatic establishments, and in officesof international organizations;

i) To use, display or be part of anyadvertisement or infomercial; and

j) To display the flag in front of build-ings or offices occupied by aliens.

Flag:Ako ay PilipinoBuong katapatang nanunumpaSa watawat ng PilipinasAt sa bansang kanyang sina-

sagisagNa may dangal, katarungan at

kalayaanNa pinakikilos ng sambayanangMaka-DiyosMaka-taoMakakalikasan atMakabansa.Such pledge shall be recited while

standingwith the right hand with palmopen raised shoulder high. Individualswhose faith and religious beliefs pro-hibit them from making such pledgemust nonetheless show full respectwhen the pledge is being rendered bystanding at attention.

G. Flag DaysSEC. 26. The period from May 28

to June 12 of each year is declared asflag days, during which period all of-fices, agencies and instrumentalities ofgovernment, business establishments,institutions of learning and privatehomes are enjoined to display the flag.

H. Specifications of theNational Flag

SEC. 27. The flag shall have the fol-lowing proportions. The width of theflag, 1; the length of the flag, 2; and thesides of the white triangle, 1.

SEC. 28. The technical specifica-tions shall be as follows:

The blue color shall bear Cable No.80 I73; the white-solar, Cable 80001; thered color, Cable No. 80108; and thegolden yellow, Cable No. 80068.

SEC. 29. In order to establish uni-form criteria in the making of our na-tional flag and to guarantee its durabil-ity by the use of quality materials, thefollowing standards and procedures shallbe observed:

a) All requisitions for the purchaseof the Philippine National Flag must bebased on strict compliance with the de-sign, color, craftsmanship and materialrequirements of the Government;

b) All submitted samples offlags byaccredited suppliers offered for pur-chased for government use shall beevaluated as to design, color and crafts-manship specifications by the Institute,through its Heraldry and Display Sec-

tions, which shall stamp its approval ordisapproval on the canvass reinforce-ment of the flag sample submitted. Thesamples shall be sent to the Institute bythe requisitioning office, not by the flagsupplier; and

c) The Industrial Technology Devel-opment Institute (ITDI) or the Philip-pine Textile Research Institute (PTRI)of the Department of Science andTechnology (DOST) shall evaluate thequality of material of all flag samplesand certify whether the fabric for theblue, white, red, and golden yellowcolors, including the canvas submitted,conforms to government requirement asto quality of the material. The samplesshall be sent annually to the ITDIIPTRIby the manufacturer. The laboratorytests results shall be submitted by thesaid office to the Institute.

SEC. 30. All deliveries of the flagsrequisitioned by the government shallbe inspected by the requisitioningagency's internal inspector and by theCommission on Audit (COA) using theflag stamped approved by the Instituteas reference.

SEC. 31. In carrying out its respon-sibilities under Section 4 hereof, the In-stitute, COA, the ITDIJPTRI shall pre-pare guidelines to be approved by theOffice of the President.

SEC. 32. All government agenciesand instrumentalities shall ensure thatthe requirements under this Act withrespect to the standards, requisitions anddelivery of the national flag are strictlycomplied with.

SEC. 33. All departments, agencies,offices, and instrumentalities of the gov-ernment, government-owned or control-led corporations, local government units,including barangays, shall include in theirannual budgets the necessary outlay forthe purchase of the national flag.

1. Prohibited ActsSEC. 34. It shall be prohibited:a) To mutilate, deface, defile, tram-

ple on or cast contempt or commit anyact or omission casting dishonor or ridi-cule upon the flag or over its surface;

b) To dip the flag to any person orobject by way of compliment or salute:

c) To use the flag;I) As a drapery, festoon, tablecloth;2) As covering for ceilings, walls,

CHAPTER IITHE NATIONAL ANTHEM

SEC. 35. The National Anthem isentitled Lupang Hinirang.

SEC. 36. The National Anthem shallalways be sung in the national languagewithin or without the country. The fol-lowing shall be the lyrics of the NationalAnthem:

Bayang magiliw,Perlas ng SilangananAlab ng puso,Sa Dibdib mo'y buhayLupang HtnirangDuyan ka ng magiting,Sa manlulupigDi ka pasisiil.Sa dagat at bundok,Sa simoy at sa langit mong

b ughaw,

The Lawyers Review/March 31.1998 35

--_. -- _ .. ~---~------::---:-------:---

CHAPTER VIIPENALTIES

SEC. 48. Failure or refusal to ob-serve the provisions of this Act; and anyviolation of the corresponding rules andregulations issued by the Office of thePresident, shall after proper notice andhearing, shall be penalized by publiccensure which shall be published atleast once in a newspaper of generalcirculation.

The Department of Education, Cul-ture and Sports and the Commission onHigher Education, upon the recommen-dation of the Institute and after propernotice and hearing, shall cause thecancellation of the recognition or per-mit of any private educational institu-tion which fails or refuses to observethe provisions of this Act for the secondtime.

SEC. 49. The Department of Edu-cation, Culture and Sports (DECS) and

-May di lag ang tula,At awit sa pag/ayang minamaha/.

--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 'tgstnta,Buhay ay /angit sa piling mo,

_Aming ligaya na pag may mang-'Pi,Ang mamatay ng dahi/ sa yo.SEC. 37. The rendition of the Na-

Anthem, whether played or sung,Ibe in accordance with the musicalgement and composition of Julian

elipe.SEC.38. When the National Anthemplayedat a public gathefing, whethera band by a singing or both, or re-uced by any means, the attending

blicshall sing the anthem. The singingst be done with fervor.As a sign of respect, aJl persons shaJld at attention and face the Philip-

. e flag, if there is one displayed, andthereis none, they shall face the bandthe conductor. At the first note, allons shall execute a salute by play-

g their right palms over their leftests.Those in military, scouting, citi-smilitary training and security guard'formsshall give the salute prescribedtheir regulations. The salute shall bepleted upon the last note of the an-

m.The anthem shall not be played andng for mere recreation, amusemententertainment purposes except on thellowingoccasions:a) International competitions whereePhilippines is the host or has a rep-sentative;b) Local competitions;c)During the "signing off' and sign-

. on" of radio broadcasting and tel-evisionstations;i d) Before the initial and last screen-ingof films and before the opening oftheaterperformances; ande) Other occasions as may be al-

owedby the Institute.SEC. 39. All officials and employ-

es of the national and local govern-nent,and any agency or instrumental-ty thereof, including government-lWI1edor controlled corporations, pri-

, The Lawyers RevlewMarch 31,1998

priate coat-of-arms, administrativeseals, logo, insignia, badges, patches,and banners; and initiate awards, cita-tions, orders or decorations; as may beauthorized by Congress or the Officeof the President.

SEC. 45. Such heraldic devices anditems shall be filed with the Institute forrecording and evaluation as to prec-edence, design, customs and traditions.The Institute shall promulgate the cor-responding rules and regulations whichshall be submitted for approval to th~Office or the President or to Congress.

CHAPTER IV SEC. 46. All government offices in-THE NATIONAL COAT-OF-ARMS eluding the military are hereby ordered

SEC. 41. The National Coat-of- to purchase all heraldic items and de-Arms shall have: vices from manufacturers accredited

Paleways of two (2) pieces, azure and authorized by the Institute. Suchand gules; a chief argent studded with items and devices shall be subject tothree (3) mullets equidistant from each inspection by the purchasing agency'sother; and, in point of honor, ovoid ar- internal inspector and the COA repre-gent over all the sun rayonnant with. __sentative using the design and specifi-eight minor and lesser rays. Beneath cations approved by the Office of theshall be the scroll with the words President of by the Congress, through"REPUBLIKA NG PILIPINAS," in- the Institute .scribed thereon. SEC. 47. No government official or

employee shall accept any order ordecoration from any foreign govern-ment without the consent of Congress,and without the prior evaluation anddocumentation of such order or deco-ration by the Institute.

vately-owned entities or offices display-ing the national flag and governmentinstitutions of learning are hereby di-rected to comply strictly with the rulesprescribed for the rendition of the an-them. Failure to observe the rules shallbe aground for administrative discipline.

CHAPTER IIITHE NATIONAL MOTTO

SEC. 40. The National Motto shallbe "MAKA-DIYOS, MAKA- TAO,MAKAKALIKASAN AT MAKA-BANSA."

CHAPTER VTHE GREAT SEAL

SEC. 42. The Great Seal shall be cir-cular in form, with the arms as describedin the preceding section, but without thescroll and the institution thereon. Sur-rounding the whole shall be a doublemarginal circle within which shall ap-pear the words "Republika ng Pilipinas."For the purpose of placing The GreatSeal, the calor of the arms shall not bedeemed essential but tincture represen-tation must be used.

The Great Seal shall also bear theNational Motto.

SEC. 43. The Great Seal shall beaffixed to or placed upon all commis-sions signed by the President and uponsuch other official documents and pa-pers of the Republic of the Philippinesas may be provided by law, or as maybe required by custom and usage. ThePresident shall have custody of theGreat Seal.

CHAPTER VIOFFICIAL SEAL AND OTHER HE-RALDIC ITEMS AND DEVICES

SEC. 44. Any government entity, in-cluding the military, may adopt appro-

- -- -- -----:--;-------------.1-)

the Commission on Higher Educationshall ensure that the National Anthem,as adopted by law, shall be committedtomemory by all students of both pub-licand private educational institutions,andperformed during the flag ceremonyconducted in accordance with the rulesand regulations issued by the Office ofthe President. In addition, they shallmakeavailable the vocal, piano or bandscores of the National Anthem, asadopted by law, to all private and publicschools, as well as the general public.

SEC. 50. Any person or juridical en-titywhich violates any of the provisionsof this Act shall, upon conviction bepunished by a fine of not less than Fivethousand pesos (P5,000) nor more thanTwenty thousand pesos (P20,000), orby imprisonment for not more than one(I) year, or both such fine and impris-onment, at the discretion of the court:Provided, That for any second and ad-ditional offenses, both fine and impris-onment shall always be imposed: Pro-vided, further, That in case the viola-tion is committed by ajuridical person,its President or Chief Executive Officerthereof shall be liable.

CHAPTER VIIICOMMON PROVISIONS

SEC. 51. The Institute shall issue thenecessary rules and regulations to im-plement the provisions of this Act withinninety (90) days after effectivity. TheInstitute shall submit its rules and regu-lations to the Office of the Presidentand the Congress of the Philippines.

SEC. 52. The Institute shall also beresponsible for the strict enforcementof the provisions of this Act. It may callupon any government department,agency, office, or government instru-mentality, including government corpo-rations, and local government units, forsuch assistance as it may deem neces-sary for the effective discharge of itsfunctions under this Act.

SEC. 53. Separability Clause. - Ifany provision, or part hereof, is heldinvalid or unconstitutional, the remain-der of this Act not otherwise affectedshall be valid and subsisting.

SEC. 54. Repealing Clause. - Anylaw, presidential decree or issuance,executive order, letter of instruction,administrative order, rule or regulationcontrary to, or inconsistent with, the

provisions of this Act is hereby repealed,modified, or amended accordingly.

SEC. 5. Effectivtty. - This Act shalltake effect fifteen (15) days from thedate of its publication in the OfficialGazette or in at least two (2) newspa-pers of general circulation.

Approved: February 12, 1998

(Sgd.) FIDEL V. RAMOSPresident of the Philippines

The Lawyers Review/March 31, 1998 37