Notable Provisions of the "Flag and Heraldic Code of the Philippines"

While a widespread practice, little is known that a law governs our respect and reverence of the Philippine national flag, Republic Act 8491 or the "Flag and Heraldic Code of the Philippines"  which was approved on February 12, 1998. There had been no known question that came out in the Bar exam regarding the Flag and Heraldic Code. Knowing the law's salient features, however, can be a useful tool in warning those who disrespect the Philippine flag and anthem, particularly those who do not stand up when the national anthem is played before last full shows in cinemas. 

Here are some of RA 8491's salient features:

(1) The flag shall be displayed in all public buildings, official residences, public plazas, and institutions of learning every day throughout the year. (Sec. 5)

(2) 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. (Sec. 10)

(3) 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. (Sec. 12)

(4) 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. (Sec. 13)

(5) 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. (Sec. 18)

(6) 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. (Sec. 20)

(7) 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. (Sec. 21)

(8) 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. (Sec. 38)

(9) 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. (Sec. 48)

(10) 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: xxx (Sec. 50)