NSTP 1

Lesson No. 3 SALUTING FILIPINO FLAG (RA 8491)

What is the importance of the Philippines Flag? flag from his cockpit. Because of this, he wanted to know if there
is really a legal basis to have the flag removed from his friend’s
-The flag is the country's most cherished symbol. It is the cockpit. They are supposed to display it anyway to show that
nation's emblem for freedom. It symbolizes patriotism, love of they are proud of being Filipino.
country and sense of nationhood and embodies the aspirations
and sentiments of the Filipino people in their unceasing quest -The said letter was properly answered on its legal basis through
for independence. the Republic Act No. 8491 (R.A. 8491). With regard to its
concern on the proper use and display of the Philippine flag, the
RA 8491 (Republic Act No. 8491) Implementing Rules and Regulations of RA 8491 enumerates
-AN ACT PRESCRIBING THE CODE OF THE NATIONAL prohibited acts involving its use. According to the law found in
FLAG, ANTHEM, MOTTO, COAT-OF-ARMS AND OTHER “SECTION 34, (d)(4).
HERALDIC ITEMS AND DEVICES OF THE PHILIPPINES
It shall be prohibited to:
SECTION 1. Short Title d. Display the flag:
-This Act shall be known as the "Flag and Heraldic Code of the Under any paintings or picture
Philippines." Horizontally face-up. It shall always be hoisted aloft and be
allowed to fall freely.
SECTION 2. Declaration of policy Below any platform
-Reverence and respect shall at all times be accorded the flag, In discotheques, cockpits, night and day clubs, casinos,
the anthem, and other national symbols which embody the gambling joints and places of vice or where frivolity prevails.
national ideals and traditions and which express the principles
of sovereignty and national solidarity. The heraldic items and -As clearly mentioned in the above-cited provision, there are
devices shall seek to manifest the national virtues and to specific places where it is prohibited to display the national flag.
inculcate in the minds and hearts of our people a just pride in Expressly included in these places are cockpits, such as the one
their native land, fitting respect and affection for the national flag owned by his friend.
and anthem, and the proper use of the national motto, coat-of-
arms and other heraldic items and devices. -His friend’s intention, despite being sincere and noble, cannot
prevail over the express prohibition of the law against display of
the national flag in cockpits. Likewise, it must be noted that the
law also imposes penalties to whoever fails or refuses to
CHAPTER 1- THE NATIONAL FLAG
observe the provisions of this law, to wit:
A. Design of the National Flag B. Hoisting and Display of the National Flag
SECTION 4. The flag of the Philippines shall be blue, white and SECTION 5. The flag shall be displayed in all public buildings,
red with an eight-rayed golden-yellow sun and three five-pointed official residences, public plazas, and institutions of learning
stars, as consecrated and honored by the people. every day throughout the year.
Aren’t we supposed to display the Philippine Flag to show
SECTION 6. The flag shall be permanently hoisted, day and
we are proud of being Filipinos?
night throughout the year, in front of the following: at
Malacañang Palace; the Congress of the Philippines building;
-There was a letter received in PAO or Public Attorney’s office Supreme Court building; the Rizal Monument in Luneta, Manila;
seeking an advice for his friend who owns a licensed cockpit Aguinaldo Shrine in Kawit, Cavite; Barasoain Shrine in Malolos,
arena in their province. His friend, being proud of his heritage, Bulacan; the Tomb of the Unknown Soldier, Libingan ng mga
always has a Philippine flag displayed at the center of the arena. Bayani; Musoleo de los Beteranos dela Revolucion; all
When the new mayor learned about this, he asked that the flag International Ports of Entry and all other places as may be
be removed as it is allegedly disrespectful to the flag and illegal designated by the Institute. The flag shall be properly illuminated
to raise it in a cockpit. at night.
-His friend argued that he has no intention to disrespect the flag
and that he in fact is proud of his nationality that’s why he had it
displayed. Despite this, the local government still removed the
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
SECTION 11. If planted on the ground, the flagpole shall be at
Day); May 28 (National Flag Day) to June 12 (Independence
a prominent place and shall be of such height as would give the
Day); last Sunday of August (National Heroes Day); November
flag commanding position in relation to the buildings in the
30 (Bonifacio Day); and December 30 (Rizal Day); and on such
vicinity.
other days as may be declared by the President and/or local
chief executives.
-If attached to a building, the flagpole shall be on top of its roof
or anchored on a sill projecting at an angle upward.
-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
-If on a stage or platform or government office, the flag shall be
private buildings: Provided, That they observe flag-raising
at the left (facing the stage) or the left of the office upon entering.
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 12. When the Philippine flag is flown with another
SECTION 10. The flag, if flown from a flagpole, shall have its flag, the flags, if both are national flags, must be flown on
blue field on top in time of peace and the red field on top in time separate staffs of the same height and shall be of equal size.
of war; if in a hanging position, the blue field shall be to the right The Philippine flag shall be hoisted first and lowered last.
(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 SECTION 13. When displayed with another flag, the Philippine
be straight and slightly tapering at the top. 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 ➢ Other persons to be determined by the Institute, for any
be thrown away. It shall be solemnly burned to avoid misuse or period less than seven (7) days
desecration. The flag shall be replaced immediately when it
begins to show signs of wear and tear. -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
SECTION 15. The flag shall be raised at sunrise and lowered at Supreme Court, the Cabinet, the Senate or the House of
sunset. It shall be on the mast at the start of official office hours, Representatives, and such other persons as may be determined
shall remain flying throughout the day. by the Institute.

C. Conduct of Flag Raising Ceremony -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
SECTION 18. All government offices and educational flag shall again be raised to the peak before it is lowered for the
institutions shall henceforth observe the flag-raising ceremony day.
every Monday morning and the flag lowering ceremony every
Friday afternoon. The ceremony shall be simple and dignified E. Casket
and shall include the playing or singing of the Philippine National
Anthem. SECTION 24. The flag may be used to cover the caskets of the
honored dead of the military, veterans of previous wars, national
SECTION 19. The Office of the President upon the artists, and of civilians who have rendered distinguished service
recommendation of the Institute shall issue rules and regulations to the nation, as may be determined by the local government
for the proper conduct of the flag ceremony. 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
SECTION 20. The observance of the flag ceremony in official or cover the right side of the caskets. The flag shall not be lowered
civic gatherings shall be simple and dignified and shall include to the grave or allowed to touch the ground, but shall be folded
the playing or singing of the anthem in its original Filipino lyrics solemnly and handed over to the heirs of the deceased.
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.

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.

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
F. Flag Days
of the death of any of the following officials:
SECTION 26. The period from May 28 to June 12 of each year
➢ a) The President or a former President, for ten (10)
is declared as Flag Days, during which period all offices,
days
agencies and instrumentalities of government, business
➢ b) The Vice-President, the Chief Justice, the President
establishments, institutions of learning and private homes are
of the Senate and the Speaker of the House of
enjoined to display the flag.
Representatives, for seven (7) days; and
Is there a criminal liability of a minor desecrating the PHL means the capacity of the child at the time of the commission of
flag? What would be the proper interpretation of the penal the offense to understand the difference between right and
provisions of the flag law in relation to a minor child? wrong and the consequences of the wrongful act”

-It was on February, 2016 when the video of a high-school I. Prohibited Acts.
student “using our Philippine flag as a floor mop” went viral in
social media. They immediately requested the Department of SECTION 34. It shall be prohibited:
Education (DepEd) National Capital Region to investigate the
incident. During media interviews, a question asked whether
there is a penal sanction for such a very reprehensible act and
whether such penal sanction is applicable to the minor high-
school student involved in the incident.

-On August 30, 2007, the DepEd issued an order enumerating

the “Guidelines on the Proper Display of the Philippine National
Flag.” Based on the provisions of Republic Act (RA) 8491,
particularly the “prohibited acts” that may be committed against
our flag, were substantially quoted. Thus, under Section 34 of
said law, it is stated that it is prohibited to “mutilate, deface, To use the National Flag:
defile, trample on or cast contempt or commit any act or
omission casting dishonor or ridicule upon the flag or over
its surface

-Some of the penalties that may be imposed for violation of the

flag law are cited in SECTION 50.

- It also states that the DepEd and the Commission on Higher

Education (CHED), “upon recommendation of the National
Historical Institute and after proper notice and hearing, shall
cause the cancellation of the recognition of permit of any private
educational institution which fails or refuses to observe the To display the National Flag:
provisions of the flag law for the second time.”

-The applicability of the criminal penalties of fine and

imprisonment provided under Section 48 of said law should be
governed by the provisions of RA 9344, otherwise known as
the Juvenile Justice and Welfare Act of 2006, as amended
by RA 10630. Thus, Section 6 of RA 9344 as amended by RA
10630 states that “a child 15 years of age or under at the time
of the commission of the offense shall be exempt from criminal
liability. However, the child shall be subjected to an intervention
program pursuant to Section 20 of this Act.” Further, it provides
that “a child above 15 years but below 18 years of age shall,
likewise, be exempt from criminal liability and be subject to an
intervention program, unless he or she acted with discernment.”

-Therefore, if the student involved in the “using our national flag

as a floor mop” incident and the one who took the video are 15
years of age or below, then they are exempt from criminal
liability. If they are above 15 but below 18 years of age, they are
only exempt from criminal liability if they acted without
discernment. Otherwise, if they acted with discernment, then
they shall be subjected to the appropriate proceedings provided
by RA 9344 as amended by RA 10630.

-“Above 15 but below 18 years of age” means 15 years and 1-

day old or above but below 18 years of age. “Discernment”
 ➢ Before the initial and last screening of films and before
the opening of theater performances;
➢ 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 7- 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, 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 the proper notice and hearing, shall cause
the cancellation of the recognition of permit of any private
educational institution which fails or refuses to observe the
CHAPTER 2- THE NATIONAL ANTHEM provisions of this Act for the second time.

SECTION 37. The rendition of the National Anthem, whether SECTION 49. The Department of Education, Culture and Sports
played or sung, shall be in accordance with the musical (DECS) and the Commission on Higher Education shall ensure
arrangement and composition of Julian Felipe. that the National Anthem, as adopted by law, shall be committed
to memory by all students of both public and private educational
SECTION 38. When the National Anthem is played at a public institutions, and performed during the flag ceremony conducted
gathering, whether by a band or by singing or both, or in accordance with the rules and regulations issued by the Office
reproduced by any means, the attending public shall sing the of the President. In addition, they shall make available the vocal,
anthem. The singing must be done with fervor. piano or band scores of the National Anthem, as adopted by law,
to all private and public schools, as well as the general public.
-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 SECTION 50. Any person or juridical entity which violates any
none, they shall face the band or the conductor. At the first note, of the provisions of this Act shall, upon conviction, be punished
all persons shall execute a salute by placing their right palms by a fine of not less than Five thousand pesos (P5,000) nor more
over their left chests. Those in military, scouting, citizens military than Twenty thousand pesos (P20,000), or by imprisonment for
training and security guard uniforms shall give the salute not more than one (1) year, or both such fine and imprisonment,
prescribed by their regulations. The salute shall be completed at the discretion of the court: Provided, That for any second and
upon the last note of the anthem. additional offenses, both fine and imprisonment shall always be
imposed: Provided, further, That in case the violation is
-The anthem shall not be played and sung for mere recreation, committed by a juridical person, its President or Chief Executive
amusement or entertainment purposes except on the following Officer thereof shall be liable.
occasions:

➢ International competitions where the Philippines is the

host or has a representative;
➢ Local competitions;
➢ During the "signing off" and "signing on" of radio
broadcasting and television stations;
 CASE STUDY Exemption from Flag Ceremony not Proper- The children of
Jehovah Witnesses cannot be exempted from participation in
the flag ceremony. They have no valid right to such exemption.
TOPIC: SALUTING FILIPINO FLAG Moreover, exemption to the requirement will disrupt school
discipline and demoralize the rest of the school population which
34 nabbed for disrespect to National Anthem inside by far constitutes the great majority.
Batangas cinema VS. Operatives of the Lemery Police
Station Id.; id.; non-compliance with non-discriminatory laws not a
part of religious freedom. — The freedom of religious belief
Where did it happenned and issues concerned: guaranteed by the Constitution does not and cannot mean
exemption from or non-compliance with reasonable and non-
• 34 moviegoers were arrested for showing disrespect discriminatory laws, rules and regulations promulgated by
while the national anthem was being played before a competent authority.
film screening in a local cinema at Cinema 2 Xentro
Mall, Barangay Malinis, Lemery, Batangas Id.; id.; id.; requirement on school pupils to salute the flag
Wednesday, September 5, 2018 not an imposition of religion— In requiring school pupils to
participate in the flag salute, the State thru the Secretary of
Education was not imposing a religion or religious belief or a
Issued Concerned: religious test on said students. It was merely enforcing a non-
discriminatory school regulation applicable to all alike whether
• Violating of RA 8491 Chapter 2 Section 38 which states Christian, Moslem, Protestant or Jehovah’s Witness. The State
that “when the National Anthem while being played at was merely carrying out the duty imposed upon it by the
a public gathering, whether by a band or by singing or Constitution which charges it with supervision over and
both or reproduced by any means, the attending public regulation of all educational institutions, to establish and
shall sing the anthem. The singing must be done with maintain a complete and adequate system of public education,
fervor”. and see to it that all schools aim to develop among other things,
• As a sign of respect, all persons shall stand at attention civic conscience and teach the duties of citizenship.
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 Issues: WHETHER OR NOT RELIGIOUS FREEDOM WILL
salute by placing their right palms over their left chests. EXCUSE A PERSON IN ATTENDING FLAG CEREMONY?
Those in military, scouting, citizens military training and
security guard uniforms shall give the salute prescribed -The freedom of religious belief guaranteed by the Constitution
by their regulations. The salute shall be completed does not and cannot mean exemption from or non-compliance
upon the last note of the anthem. with reasonable and non-discriminatory laws, rules and
regulations promulgated by competent authority. As was said by
Proceedings: Mr. Justice Frankfurter in his dissent in West Virginia v.
Barnette, supra:jgc:chanrobles.com.ph
• *The 34 arrested moviegoers was detained at the
Lemery police station while appropriate charges are -"The constitutional protection of religious freedom . . . gave
being prepared for filing in court. religious equality, not civil immunity. Its essence is freedom from
• Chapter 7 Section 50 of RA 8491 states that the conformity to religious dogma, not freedom from conformity to
penalty consists of a fine of PHP 5,000 to PHP 20,000, law because of religious dogma. Religious loyalties may be
or imprisonment of not more than one year, or both, at exercised without hindrance from the State, not the State may
the discretion of the court. not exercise that which except by leave of religious loyalties is
within the domain of temporal power. Otherwise, each individual
could set up his own censor against obedience to laws
conscientiously deemed for the public good by those whose
business it is to make laws." (West Virginia State Board v.
Barnette, supra, at p. 653; Emphasis supplied)

-In conclusion we find and hold that the Filipino flag is not an
image that requires religious veneration; rather it is a symbol of
the Republic of the Philippines, of sovereignty, an emblem of
freedom, liberty and national unity; that the flag salute is not a
religious ceremony but an act and profession of love and
allegiance and pledge of loyalty to the fatherland which the flag
stands for; that by authority of the legislature, the Secretary of
Education was duly authorized to promulgate Department Order
No. 8, series of 1955; that the requirement of observance of the
flag ceremony or salute provided for in said Department Order
No. 8, does not violate the Constitutional provision about
freedom of religion and exercise of religion; that compliance with
the non-discriminatory and reasonable rules and regulations
and school discipline, including observance of the flag ceremony
is a prerequisite to attendance in public schools; and that for
failure and refusal to participate in the flag ceremony, petitioners
were properly excluded and dismissed from the public school
they were attending.