House bill on proper use of Philippine flag, official symbols approved 

June 26, 2017

The House of Representatives approved on third and final reading House Bill 5224, which seeks to strengthen the rules on the use and display of national symbols, expressly repealing Republic Act No. 8491 or the “Flag and Heraldic Code of the Philippines”. The bill, or the proposed “Revised Flag and Heraldic Code,” declares the State policy of that reverence and respect shall at all times be accorded the flag, the anthem, and other national symbols, which embody our national ideals and traditions and express the principles of sovereignty and national solidarity, the House said in a statement on Monday. It states that the heraldic items and devices shall manifest the national virtues and inculcate in the minds and hearts of the 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 and other heraldic items and devices. "Heraldic and heraldic items and devices" as referred in the bill are the coat-of-arms, seals, logos, insignias, badges, flashes, patches, orders and decorations, medals, stars citations, lapel pins, trophies, dry wax or wet seals, and imprints on letterheads,  envelopes and cards. The bill confirms the official design of the Philippine flag, which shall be blue, white and red with an eight-rayed golden-yellow sun and three five-pointed stars, and reiterates that it must be consecrated and honored by the people. The bill requires that the flag be permanently hoisted, day and night throughout the year, in front of government institutions and other places such as the Malacañang Palace, the  buildings of the Senate, the House of Representatives and the Supreme Court, the Rizal Monument in Luneta, and other places as may be designated by the National Historical Commission of the Philippines (NHCP), among others. The period from May 28 (National Flag Day) to June 12 (Independence Day) of each year is declared as Flag Days, during which all government offices, business establishments, institutions of learning and private homes are obligated to display the flag and observe proper ceremonies. For private buildings and residences, the flag shall be displayed or raised in front every April 9 (Araw ng Kagitingan), May 1 (Labor Day), May 28 (National Day Flag) to June 12 (Independence Day), last Monday of August (National Heroes Day), November 30(Bonifacio Day), December 30 (Rizal Day), and on such days as may be declared by the President and/or local chief executives. The bill also provides for the appropriate time for flag-raising/lowering and the manner of display and hoisting, and the standard protocol when the Philippine flag is flown or displayed with another flag, as well as the proper use, disposal and replacement of a worn out flag. All government offices and educational institutions are to observe the flag-raising ceremony every Monday morning and the flag-lowering every Friday afternoon. Cloth flags should be displayed freely waving in the air. As a sign of mourning, the flag shall be flown at half-mast on the day of official announcement of the death of the president or a former president (ten days), or the incumbent and former vice president, chief justice, president of the Senate and speaker of the House of Representatives (seven days), on all buildings and places where the deceased held office. The flag shall also be flown at half-mast on the day of the official announcement of the death of an incumbent public school teacher and for a period of not more than five days, on Department of Education (DepEd) schools or district offices where the deceased was assigned to teach. The bill also confirms the design of the national coat-of-arms, which shall have pale ways of two pieces azure and gules; a chief argent studded with three golden stars equidistant from each other, in point of honor, ovoid argent over all the sun rayonnant with eight minor and lesser rays; in sinister base gules, the lion rampant of Spain; in dexter base azure, the American eagle displayed proper; beneath, a scroll with the words “Republika ng Pilipinas” inscribed thereon. For penal consequences under the bill, it shall be unlawful to mutilate, deface, defile, trample on or cast contempt, dishonor or ridicule upon the flag, anthem, seal, motto, coat-of-arms, and other heraldic items and devices. It is likewise unlawful to use the flag as staff or whip, or as drapery, festoon, tablecloth or as covering for ceilings, walls, statues, motor vehicles, or other objects. The bill also prohibits the wearing of the flag, seal, coat-of-arms as part of a costume or as a fashion accessory or design element; or adding any word, figure, picture or advertisement on the flag, seal, coat-of-arms; printing or attaching thereof on articles of merchandise; or using them for other purposes, like for advertisements or infomercials, without the approval of the NHCP. The NHCP shall be responsible for the strict enforcement of the proposed law, and may call upon any government office for assistance in the effective discharge of its enforcement functions. Violation of the law and the relevant regulations issued by the NHCP shall subject the offender to a criminal and/or administrative case and shall be penalized by public censure, imprisonment and/or fine. DMS