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Respecting our freedom’s symbols

The Code prohibits acts that diminish the dignity of the flag. It may not be torn, trampled upon, defaced, or subjected to ridicule.
Respecting our freedom’s symbols
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Every 12 June, we Filipinos celebrate our country’s independence. No symbol captures that historic moment more vividly than our national flag.

Its blue stripe stands for peace, truth and justice. The red stripe symbolizes patriotism and courage. The white triangle represents equality. The sun’s eight rays honor the first eight provinces that rose in revolt against Spanish rule, while the three stars stand for Luzon, Visayas and Mindanao. One feature sets our flag apart from most others: It also serves as a signal. The blue stripe is displayed on top in times of peace, while the red stripe takes its place during war.

Respecting our freedom’s symbols
San Fernando orders display of Philippine flag for National Flag Days

The Philippine flag is only one of several symbols that embody our nationhood. Our national anthem, national motto, coat of arms, and Great Seal likewise form part of the fabric of our national identity. Recognizing their significance, Congress enacted Republic Act 8491, otherwise known as the Flag and Heraldic Code of the Philippines, on 12 February 1998.

The law serves as the country’s official guide on the proper use and treatment of our national symbols. More than a collection of rules, it reflects the respect and reverence that these symbols deserve as enduring representations of our history, values, and aspirations as a people.

Under Republic Act 8491, the Philippine flag must be displayed year-round in all public buildings, schools and plazas. It is raised at sunrise and lowered at sunset. It must never touch the ground, floor, or water. Every Monday morning, government offices and schools are required to conduct a flag-raising ceremony accompanied by the singing of the national anthem. Every Friday afternoon, a flag-lowering ceremony formally closes the week.

The law likewise prescribes the proper observance of national mourning. When a high-ranking government official dies, the flag is flown at half-mast. The period varies depending on the office held: 10 days for the President or a former President and seven days for the Vice President, Chief Justice, Senate President, or Speaker of the House of Representatives.

The flag may also be used to drape the coffin of a soldier, war veteran, National Artist, or a civilian who rendered distinguished service to the country. In such cases, the white triangle is positioned at the head of the coffin and the blue side covers the right side. The flag must never be lowered into the grave. After the burial, it is respectfully folded and presented to the family of the deceased.

The Code also prohibits acts that diminish the dignity of the flag. It may not be torn, trampled upon, defaced, or subjected to ridicule. It cannot be used as a tablecloth, curtain, or vehicle ornament. Neither may it be worn as a costume or printed on merchandise. The flag is likewise prohibited from being displayed in casinos, cockpits, nightclubs and similar places, or used for commercial advertising.

As for the national anthem, Lupang Hinirang must always be sung in Filipino and in its original musical arrangement. Whenever it is played at public gatherings, everyone present must stand at attention, face the flag and place the right hand over the heart. The anthem cannot be performed merely for entertainment or recreation. It may only be played on appropriate occasions, such as sporting competitions, broadcast sign-ons and sign-offs and before the showing of films in theaters, among others.

The law also recognizes the national motto — “Maka-Diyos, Maka-tao, Makakalikasan at Makabansa” — and prescribes the official designs of the national coat of arms and the Great Seal. Government agencies may adopt their own seals and insignia, but only as authorized by Congress or the President.

Violations of Republic Act 8491 carry real consequences. A first-time offender may be fined from P5,000 to P20,000, imprisoned for up to one year, or both. For repeat offenders, both fine and imprisonment become mandatory. Where a juridical entity is found liable, personal accountability extends to its president or chief executive officer.

As we commemorate another Independence Day, we are reminded that respect for the flag and the symbols that stand beside it is not merely a matter of patriotism — it is a legal duty. More importantly, it is an expression of gratitude to those who fought for our freedom and nationhood. These symbols were never meant to be mere decorations. They are enduring reminders of what we fought for, what we stand for, and, ultimately, who we are as a people.

For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cad@divinalaw.com.

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