REPUBLIC ACT NO. 8491

(February 12, 1998)

RA 8491 guides the use of the national flag, anthem, and symbols, promoting pride and unity.

Purpose and Scope of the Law

The law aims to prescribe a comprehensive code governing the national flag, anthem, motto, coat-of-arms, and other heraldic items and devices of the Philippines. It seeks to instill reverence and respect for these national symbols, which embody the ideals, traditions, and principles of sovereignty and national solidarity. The law also aims to promote a sense of pride and proper conduct regarding the use and display of these symbols among the Filipino people.

Key Definitions and Terms

Military: Refers to all branches of the Armed Forces of the Philippines, including the Philippine National Police, Bureau of Jail Management and Penology, and Bureau of Fire Protection.
Flag: The Philippine National Flag, unless otherwise specified.
National Anthem: The Philippine National Anthem, "Lupang Hinirang."
Half-Mast: The position of the flag when it is lowered to half the distance between the top and bottom of the staff as a sign of mourning.
Institute: The National Historical Institute, responsible for overseeing the implementation of the law.

Main Provisions and Their Explanations

Chapter I: The National Flag

Design and Display: The flag's design consists of blue, white, and red with an eight-rayed golden-yellow sun and three five-pointed stars. It must be displayed in public buildings, official residences, and educational institutions daily.
Hoisting Protocol: The flag must be hoisted at sunrise and lowered at sunset, with specific guidelines for its display during peace and wartime.
Flag Ceremonies: Government offices and educational institutions are mandated to conduct flag-raising and lowering ceremonies weekly, which must include the national anthem.

Chapter II: The National Anthem

Performance Guidelines: The national anthem must be sung in the national language and with fervor at public gatherings. Specific occasions for its performance are outlined, prohibiting its use for mere entertainment.

Chapter III: The National Motto

Motto: The national motto is "MAKA-DIYOS, MAKA-TAO, MAKAKALIKASAN AT MAKABANSA," reflecting the values of the nation.

Chapter IV: The National Coat-of-Arms

Description: The coat-of-arms features specific heraldic elements, including colors and symbols that represent the nation.

Chapter V: The Great Seal

Usage: The Great Seal is to be affixed to official documents and is under the custody of the President.

Chapter VI: Official Seal and Other Heraldic Items

Regulation: Government entities may adopt heraldic items, which must be recorded and evaluated by the Institute. All purchases must comply with established standards.

Chapter VII: Penalties

Violations: Prohibited acts include mutilating the flag, using it for commercial purposes, or displaying it inappropriately. Violators may face fines, imprisonment, or administrative penalties.

Chapter VIII: Common Provisions

Implementation: The Institute is tasked with issuing necessary rules and regulations for the law's enforcement. A separability clause ensures that if any provision is invalidated, the remainder remains effective.

Significant Legal Principles or Doctrines Established

The law establishes the principle of national pride and respect for national symbols, emphasizing their importance in fostering unity and identity among Filipinos. It also sets forth clear guidelines for the proper use and display of these symbols, reinforcing the legal framework for their protection.

Potential Implications or Impacts of the Law

The law has significant implications for national identity and cultural heritage, as it mandates the observance of ceremonies and proper conduct regarding national symbols. It also imposes penalties for violations, thereby promoting accountability and respect for the flag, anthem, and other heraldic items. The law encourages civic participation in national celebrations and instills a sense of duty among citizens to uphold the dignity of these symbols.

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