TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 AUG -5 P4:06 First Regular Session ) RECEM 2 81 SENATE S. No. - Introduced by Senator Jinggoy Ejercito Estrada AN ACT AMENDING REPUBLIC ACT NO. 493 TO INCLUDE IN THE COVERAGE OF PROHIBITION THE USE, WEARING, MANUFACTURE AND SALE OF UNIFORMS AND TEXTILE OF UNIFORMS OF THE MEMBERS OF THE ARMED FORCES OF THE PHILIPPINES AND THE PHILIPPINE NATIONAL POLICE, PRESCRIBING STIFFER PENALTIES FOR VIOLATION THEREOF, AND FOR OTHER PURPOSES EXPLANATORY NOTE The military and police uniform represents visual evidence of the authority and responsibility vested in the individual. There have been instances wherein such uniforms were used to intimidate or harass other people and even perpetrate crimes. As the defense establishment and our uniformed personnel strive hard to cleanse their ranks of corrupt elements, the illegal use of their uniform by people who do not belong to the organization posing as legitimate members while doing unlawful activities, cause harm to the entire force and negatively affect the people's trust and confidence to the authorities. In many cases, the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) reminded the public of the regulations in place with respect to the improper and inappropriate wearing of uniform of the military and the police. But prevailing policies and light penalties seem not to deter the public from wearing the uniform of our law enforcement officers and protectors of the people and the State.
This bill proposes to protect the image of the AFP and the PNP as a unified, well disciplined and respectable organization, by updating and clarifying Republic Act No. 493, which was enacted in 1950, to specifically include in the prohibition the wearing of uniform of military and police personnel by those who are not in the service of the AFP and the PNP. This measure proposes longer jail term and heavier fines for violators of the law, hopefully to serve as more effective deterrent. The passage of this legislation is earnestly sought. isolat JINGGOY EJERCITO ESTRADA
won sec! TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 25 AUG -5 P4:06 First Regular Session RICEMA DY SENATE S. No. 944 Introduced by Senator Jinggoy Ejercito Estrada AN ACT AMENDING REPUBLIC ACT NO. 493 TO INCLUDE IN THE COVERAGE OF PROHIBITION THE USE, WEARING, MANUFACTURE AND SALE OF UNIFORMS AND TEXTILE OF UNIFORMS OF THE MEMBERS OF THE ARMED FORCES OF THE PHILIPPINES AND THE PHILIPPINE NATIONAL POLICE, PRESCRIBING STIFFER PENALTIES FOR VIOLATION THEREOF, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Section 1 of Republic Act No. 493 is hereby amended to read as
follows: "SECTION 1. Hereafter it shall be unlawful for any person or association of persons not in the service of the Armed Forces of the Philippines [or the Philippine Constabulary] OR THE PHILIPPINE NATIONAL POLICE to use, or confer upon himself or another who is not in the service of the said Armed Forces or [Constabulary] NATIONAL POLICE, any military, POLICE or naval grade or title which is, or may hereafter be, prescribed by laws and regulations for the use of the Armed Forces or [Constabulary] NATIONAL POLICE: Provided, That the foregoing shall not be construed as prohibiting the use of such military, POLICE or naval grades or title by personnel
or persons now authorized by law and by the following persons: "(a) All veterans of any war when recognized by the Philippine or United States Government and only for the ranks for which they are recognized; "(b) Commissioned officers and personnel, retired or in active duty, of the [Bureau of Coast and Geodetic Survey] PHILIPPINE COAST GUARD, of the quarantine service, and of the customs service; "(c) Commissioned and enlisted reservists including recognized guerrilla officers on inactive status when using their authorized grades for a purely military purpose; "(d) Trainees in the Armed Forces OR THE NATIONAL POLICE while undergoing any period of trainee instruction pursuant to law."
Sec. 2. Section 2 of Republic Act No. 493 is hereby amended to read as
follows: "SEC. 2. Hereafter it shall be unlawful for any person not in the service of the Armed Forces of the Philippines or the Philippine [Constabulary] NATIONAL POLICE, except those excluded from the prohibition in section one of this Act, to use or wear the duly prescribed insignia, UNIFORM, badge or emblem or rank of the members of the Armed Forces of the Philippines or the Philippine [Constabulary] NATIONAL POLICE, or any colorable imitation thereof: Provided, That the foregoing shall not be construed as prohibiting any person from using or wearing any military, POLICE or naval insignia, UNIFORM, badge or emblem of rank in any play-house or theater or in moving-picture films while actually engaged in representing therein a military, POLICE or naval character not tending to bring discredit or reproach upon the Armed Forces of the Philippines, the
Philippine [Constabulary] NATIONAL POLICE or the [Bureau of Coast and Geodetic Survey] PHILIPPINE COAST GUARD: Provided, further, That the use or wearing of any military, POLICE or naval insignia, UNIFORM, badge or emblem of rank while engaged in representing a military, POLICE or naval character as hereinabove described, shall be subject to supervision and regulation by the Secretary of National Defense FOR THE ARMED FORCES OF THE PHILIPPINES, THE SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT FOR THE PHILIPPINE NATIONAL POLICE OR THE SECRETARY OF TRANSPORTATION FOR THE PHILIPPINE COAST GUARD. The phrase "duly prescribed insignia, UNIFORM, badge or emblem of rank" shall, for the purposes of this Act, mean any insignia, UNIFORM, badge or emblem of rank which is, or may hereafter be, prescribed by Congress, the Secretary of National Defense FOR THE ARMED FORCES OF THE PHILIPPINES, [or the Chief of Constabulary] SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT FOR THE PHILIPPINE NATIONAL POLICE OR THE SECRETARY OF TRANSPORTATION FOR THE PHILIPPINE COAST GUARD."
Sec. 3. Section 3 of Republic Act No. 493 is hereby amended to read as
follows: "SEC. 3. Hereafter the use, wearing, manufacture and sale of any medal or decoration, badge, insignia, UNIFORM, TEXTILE OF SAID UNIFORM, patch, or identification card which has been, or may hereafter be, authorized by Congress or prescribed or awarded by the President of the Philippines or the Secretary of National Defense for the members of the Armed Forces of the Philippines, THE SECRETARY OF THE INTERIOR AND
LOCAL GOVERNMENT FOR THE PHILIPPINE NATIONAL POLICE OR THE SECRETARY OF TRANSPORTATION FOR THE PHILIPPINE COAST GUARD, or any colorable imitation thereof, is prohibited, except when authorized under such regulations as the Secretary of National Defense, SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT, OR THE SECRETARY OF TRANSPORTATION shall prescribe AS THE CASE MAY BE."
Sec. 4. Section 4 of Republic Act No. 493 is hereby amended to read as
follows: "SEC. 4. Any person who confers upon himself or another any military, POLICE or naval grade or title in violation of section one of this Act shall, upon conviction, be punished by a fine of not less than [twol TEN thousand pesos (P10,000) and not exceeding [five] TWENTY thousand pesos (P20,000) or by imprisonment for not less than [two] FIVE (5) years and not exceeding [five] TEN (10) years, or both AS MAY BE DETERMINED BY THE COURT. Any person who violates any other provision of this Act shall, upon conviction, be punished by a fine of not less than [one hundred] FIVE THOUSAND pesos (P5,000) and not exceeding [twe] TEN thousand pesos (P10,000), or by imprisonment for not less than [ene month] TWO (2) YEARS and not exceeding [twe] FIVE (5) years, or both AS MAY BE DETERMINED BY THE COURT. In case the violation is committed by a corporation, the manager and all the members of the board of directors or governing body thereof, shall be liable individually in accordance with this section."
Sec. 5. Implementing Rules and Regulations. - The Secretaries of the
Departments of National Defense, Interior and Local Government, and
1 Transportation shall formulate the necessary rules and regulations for the effective implementation of this Act.
Sec. 6. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the remaining provision not affected thereby shall continue to be in 5 full force and effect.
Sec. 7. Repealing Clause. - All laws, decrees, orders or regulations or part
thereof inconsistent with this Act are hereby repealed or modified accordingly.
Sec. 8. Effectivity. - This Act shall take effect fifteen (15) days following the
completion of its publication in the Official Gazette or in a national newspaper of general circulation. Approved,