Amending R.A. No. 8491 (Flag and Heraldic Code of the Philippines)

sina-no Bilice of the Re TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG -4 P5:58 SENATE RECEIVED BY, S. No._ 871 Introduced by Senator Jinggoy Ejercito Estrada AN ACT STRENGTHENING THE RULES ON THE CREATION, MODIFICATION, CHANGE AND REGISTRATION OF OFFICIAL SEALS AND OTHER HERALDIC ITEMS AND DEVICES OF GOVERNMENT ENTITIES, AMENDING FOR THE PURPOSE REPUBLIC ACT 8491 OTHERWISE KNOWN AS THE "FLAG AND HERALDIC CODE OF THE PHILIPPINES" EXPLANATORY NOTE Governmental seals and logos are essential representations of our country's values, customs, and goals. In addition to embodying the identity and power of the corresponding agencies, they also represent the values of national cohesion and sovereignty. A systematic and regulated approach to such changes is necessary, as evidenced by recent cases of government agencies changing or redesigning their logos and branding initiatives. This measure seeks to amend Republic Act No. 8491, known as the "Flag and Heraldic Code of the Philippines," to strengthen the rules governing the creation, modification, and registration of official seals and other heraldic items of government entities. The bill aims to ensure that any changes to these symbols are conducted with due diligence, reflecting our national values and adhering to a unified standard. By instituting clear guidelines and requiring proper authorization for the development and alteration of official seals and logos, this legislation endeavors to

maintain the integrity and consistency of government symbols. This will not only enhance the recognition and respect for government entities but also foster a deeper sense of nationalism and pride among the Filipino people. A similar version of this measure was filed by Sen. Maria Lourdes Nancy S. Binay during the Nineteenth Congress. Hence, the immediate passage of this bill is highly recommended.

DE100 Note of the con TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG -4 P5:58 SENATE RECEIVED BY: S. No. 871 Introduced by Senator Jinggoy Ejercito Estrada AN ACT STRENGTHENING THE RULES ON THE CREATION, MODIFICATION, CHANGE AND REGISTRATION OF OFFICIAL SEALS AND OTHER HERALDIC ITEMS AND DEVICES OF GOVERNMENT ENTITIES, AMENDING FOR THE PURPOSE REPUBLIC ACT 8491 OTHERWISE KNOWN AS THE "FLAG AND HERALDIC CODE OF THE PHILIPPINES" Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Section 3 of Republic Act No. 8491 is hereby amended to include the

2 definition of the following terms: "Section 3. Definition of Terms. - Whenever used in this Act, the term: "XXX "(M) ADVERTISEMENT OR INFOMERCIAL SHALL MEAN ADVERTISEMENT OR ANY INFORMATION MATERIAL IN PRINT, RADIO, TELEVISION, CINEMA, VIDEO AND THE LIKE, OUTDOOR AND ELECTRONIC MEDIA, SEEKING TO PROMOTE INDIVIDUALS, ENTITIES, PRODUCTS OR SERVICES FOR COMMERCIAL, POLITICAL PURPOSES OR INFORMATION CAMPAIGNS; "(N) GOVERNMENT ENTITIES SHALL MEAN ALL BRANCHES OF THE GOVERNMENT, ITS BUREAUS AND

ATTACHED AGENCIES, CONSTITUTIONAL OFFICES, LOCAL GOVERNMENT UNITS, GOVERNMENT OWNED AND CONTROLLED CORPORATIONS, GOVERNMENT FINANCIAL INSTITUTIONS, STATE UNIVERSITIES AND COLLEGES, ARMED FORCES OF THE PHILIPPINES, INCLUDING ITS BASIC COMPONENT UNITS; "(O) HERALDIC ITEMS AND DEVICES SHALL MEAN COAT-OF-ARMS, SEALS, LOGOS, INSIGNIA, BADGES, FLASHES, PATCHES, ORDERS AND DECORATIONS, MEDALS, STARS, CITATIONS, LAPEL PINS, TROPHIES, DRY, WAX OR WET SEALS, AND IMPRINTS ON LETTERHEADS, ENVELOPES AND CARDS; AND (p) "VEXILLARY ITEMS" SHALL MEAN NATIONAL, LOCAL, HOUSE FLAGS, OR ADMINISTRATIVE, INSTITUTION, CORPORATE, UNIT AND OTHER ORGANIZATION BANNERS."

Sec. 2. Section 44 of Republic Act No. 8491 is hereby amended to read as

follows: "Section 44. Any government entity including the military, may adopt appropriate coat-of-arms, administrative seals, logo. Insignia, badges, patches, banners and initiate awards, citations, orders or decorations, as may be authorized by the Congress or the Office of the President [-1, SUBJECT TO THE APPROVAL AND RECOMMENDATION OF THE NATIONAL HISTORICAL COMMISSION OF THE PHILIPPINES NHCP."

Sec. 3. Section 45 of Republic Act No. 8491 is hereby amended to read as

follows: "Section 45. Such heraldic devices and items shall be filed with the [Institute] NHCP for recording and evaluation as to precedence, design, customs and traditions. The

[Institute] NHCP shall promulgate the corresponding rules and regulations which shall be submitted for approval to the Office of the President or to Congress."

Sec. 4. A new Section 45-A is hereby inserted after Section 45 of Republic Act

No. 8491 which shall read as follows: "SECTION 45-A. THE APPLICATION FOR APPROVAL OF DESIGN AND SPECIFICATION OF THE PROPOSED HERALDIC ITEMS AND DEVICES SHALL BE SUPPORTED WITH THE FOLLOWING DOCUMENTS: "A) ORDERS, OR ANY FORMS OF GRANTS, LAWS OF AUTHORITY OR CREATIONS; "B) BRIEF HISTORICAL BACKGROUND, SYMBOLISM, AND SIGNIFICANCE OF EVERY DESIGN COMPONENT; AND "C) PHOTOGRAPHS OF EXISTING STRUCTURES, OBJECTS, SPOTS, ETC. TO BE INCORPORATED IN THE DESIGN. "THE NHCP SHALL RECOMMEND SUCH HERALDIC DESIGN TOGETHER WITH THE NEEDED DOCUMENTS TO THE OFFICE OF THE PRESIDENT OR CONGRESS FOR FINAL APPROVAL. THE APPROVED DESIGN SHALL BE RETURNED TO THE NHCP FOR PROPER RECORDING IN THE NATIONAL REGISTRY OF HERALDIC ITEMS AND DEVICES AND FOR TRANSMITTAL TO THE REQUESTING GOVERNMENT ENTITY. "THE APPROVED DESIGN SHALL BE RETURNED TO THE NHCP FOR PROPER RECORDING IN THE NATIONAL REGISTRY OF HERALDIC ITEMS AND DEVICES AND FOR TRANSMITTAL TO THE REQUESTING GOVERNMENT ENTITY."

Sec. 5. A new Section 45-B is hereby inserted after the new Section 45-A of

Republic Act No. 8491 which shall read as follows: "SECTION 45-B. TO CONFORM TO THE BASIC HERALDIC TRADITIONS, THE FOLLOWING SHALL BE OBSERVED IN THE DESIGN, CREATION, MODIFICATION, AND APPROVAL OF HERALDIC ITEMS AND DEVICES: "A) IT MAY FEATURE EITHER ABSTRACT OR NATURAL EMBLEMS OR VISUALS, REPRESENTING SIGNIFICANT OR EVENTS ASPECTS, REPRESENTATIVE OR RELATED TO ITS HISTORY, MANDATES, DUTIES, FUNCTIONS AND VISIONS; "B) COMPONENTS OF HERALDIC DESIGNS MUST FEATURE INDIGENOUS FILIPINO CULTURE, VALUES, HISTORY, TRADITIONS AND SENSE OF NATIONALISM; "C) EVERY COMPONENT MUST BE RECOGNIZABLE AS IF IT IS RENDERED OR REDUCED TO ITS NORMAL REQUIRED SIZES; "D) NO PERSONAL HERALDIC DEVICES SHALL BE ALLOWED EXCEPT THE SEAL OF THE PRESIDENT AND THE VICE PRESIDENT; "E) SYMBOLS, NAMES, INITIALS, LOGOS, PICTURES, SILHOUETTES OR IMAGES OF LIVING PERSONS SHALL NOT BE FEATURED IN THE DESIGN; "F) THE NAME OF THE GOVERNMENT ENTITY OR TITLE OF HERALDIC ITEMS AND DEVICES MUST BE TN PROMINENT POSITIONS; "G) ALL HERALDIC ITEMS AND DEVICES, INCLUDING RIBBONS OR SASHES, MUST BE UNIQUE FROM EACH OTHER;

"H) THE NATIONAL COAT-OF-ARMS, WHICH MAY OR MAY NOT INCLUDE THE SCROLL, WHEN USED AS THE MAIN PART OR AS A COMPONENT OF THE SEAL, MUST OCCUPY THE PLACE OF HONOR. IT SHALL BE USED ONLY BY THE MAJOR BRANCHES OF THE GOVERNMENT; "I) IN USING THE NATIONAL COAT-OF-ARMS OR THE GREAT SEAL FOR NUMISMATIC PURPOSES, WET OR DRY SEALS AND PAINTED OR PRINTED IN MONOCHROME, TINCTURE REPRESENTATIONS SHALL BE USED; "J) THE USE OF THE NATIONAL FLAG IS PROHIBITED EXCEPT WHERE THE FLAG HAS BECOME PART OF ITS HISTORY; "K) THE MOTTO, TITLE OR PHRASE TO BE INCORPORATED IN THE HERALDIC ITEMS AND DEVICES MAY BE IN THE NATIONAL LANGUAGE OR IN ANY LOCAL DIALECT; AND "L) THESE HERALDIC ITEMS AND DEVICES SHALL NOT BE REVISED OR CHANGED MORE THAN ONCE EVERY TEN (10) YEARS."

Sec. 6. Section 46 of Republic Act No. 8491 is hereby amended to read as

follows: "Section 46. All government [offices] ENTITIES, including the military, are hereby ordered to purchase all [h]Heraldic [i]Items and [e]Devices from manufacturers accredited and authorized by the [Institute] NHCP. "ENGRAVERS OR MANUFACTURERS SHALL APPLY FOR ANNUAL ACCREDITATION AT THE NHCP. "Such items and devices shall be subject to inspection by the purchasing agency's internal inspector and the COA representative using the design and specifications approved

by the Office of the President or by the Congress, through the [Institute] NHCP. "ANY VIOLATION OF REPUBLIC ACT NO. 8491 OR ITS IMPLEMENTING RULES AND REGULATIONS SHALL BE A GROUND FOR SUSPENSION, REVOCATION OR NON-RENEWAL OF ACCREDITATION."

Sec. 7. A new Section 46-A is hereby inserted to read as follows:

"SECTION 46-A. HERALDIC AND VEXILLARY DESIGNS OR ITEMS, SHALL NOT BE USED OR EMPLOYED FOR NUMISMATIC, PHILATELIC, ADVERTISEMENT OR INFOMERCIAL, OR ANY INFORMATIVE PURPOSES UNLESS DULY APPROVED IN WRITING BY THE NHCP."

Sec. 8. Section 50 of Republic Act No. 8491 is hereby amended to read as

follows: "Section 50. Any person or juridical entity [which] WHO violates any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00) or by imprisonment [for] OF not more than one (1) year, or both such fine and imprisonment, at the discretion of the court: Provided, That for any second and additional offenses, both fine and imprisonment shall always be imposed: Provided, further, That in case the violation is committed by a juridical person, its President or Chief Executive Officer thereof shall be liable. "THE NHCP MAY PRESCRIBE IN THE IMPLEMENTING RULES AND REGULATIONS OTHER ACTS OR OMISSIONS WHICH SHALL BE DEEMED DISRESPECTFUL, AND THUS PROHIBITED, RELATIVE TO OFFICIAL SEALS AND OTHER HERALDIC ITEMS AND DEVICES."

Sec. 9. Implementing Rules and Regulations. - The NHCP shall issue the

necessary rules and regulations implementing the provisions of this Act within sixty (60) days from its effectivity. The NHCP shall submit its rules and regulations to the Office of the President and the Congress of the Philippines.

Sec. 10. Separability Clause. - Any portion or provision of this Act that maybe

6 declared unconstitutional or invalid shall not have the effect of nullifying the other 7 portions or provisions hereof as long as such remaining portion or provision can still subsist and be given effect.

Sec. 11. Repealing Cause. - All laws, decrees, executive orders, rules and

10 regulations, other issuances, part or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 12. Effectivity Cause. - This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in a newspaper of general circulation. Approved,