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(2) Any evidence obtained in violation of SECTION 9. Private property shall not be
this or the preceding section shall be taken for public use without just
inadmissible for any purpose in any compensation.
proceeding.
SECTION 10. No law impairing the
SECTION 4. No law shall be passed obligation of contracts shall be passed.
abridging the freedom of speech, of
expression, or of the press, or the right of the SECTION 11. Free access to the courts and
people peaceably to assemble and petition quasi-judicial bodies and adequate legal
the government for redress of grievances. assistance shall not be denied to any person
by reason of poverty.
SECTION 5. No law shall be made
respecting an establishment of religion, or SECTION 12. (1) Any person under
prohibiting the free exercise thereof. The investigation for the commission of an
free exercise and enjoyment of religious offense shall have the right to be informed
profession and worship, without of his right to remain silent and to have
discrimination or preference, shall forever competent and independent counsel
preferably of his own choice. If the person compulsory process to secure the attendance
cannot afford the services of counsel, he of witnesses and the production of evidence
must be provided with one. These rights in his behalf. However, after arraignment,
cannot be waived except in writing and in trial may proceed notwithstanding the
the presence of counsel. absence of the accused provided that he has
been duly notified and his failure to appear
(2) No torture, force, violence, threat, is unjustifiable.
intimidation, or any other means which
vitiate the free will shall be used against SECTION 15. The privilege of the writ of
him. Secret detention places, solitary, habeas corpus shall not be suspended except
incommunicado, or other similar forms of in cases of invasion or rebellion when the
detention are prohibited. public safety requires it.
(3) Any confession or admission obtained in SECTION 16. All persons shall have the
violation of this or Section 17 hereof shall right to a speedy disposition of their cases
be inadmissible in evidence against him. before all judicial, quasi-judicial, or
administrative bodies.
(4) The law shall provide for penal and civil
sanctions for violations of this section as SECTION 17. No person shall be compelled
well as compensation to and rehabilitation of to be a witness against himself.
victims of torture or similar practices, and
their families. SECTION 18. (1) No person shall be
detained solely by reason of his political
SECTION 13. All persons, except those beliefs and aspirations.
charged with offenses punishable by
reclusion perpetua when evidence of guilt is (2) No involuntary servitude in any form
strong, shall, before conviction, be bailable shall exist except as a punishment for a
by sufficient sureties, or be released on crime whereof the party shall have been duly
recognizance as may be provided by law. convicted.
The right to bail shall not be impaired even
when the privilege of the writ of habeas SECTION 19. (1) Excessive fines shall not
corpus is suspended. Excessive bail shall not be imposed, nor cruel, degrading or inhuman
be required. punishment inflicted. Neither shall death
penalty be imposed, unless, for compelling
SECTION 14. (1) No person shall be held to reasons involving heinous crimes, the
answer for a criminal offense without due Congress hereafter provides for it. Any
process of law. death penalty already imposed shall be
reduced to reclusion perpetua.
(2) In all criminal prosecutions, the accused
shall be presumed innocent until the (2) The employment of physical,
contrary is proved, and shall enjoy the right psychological, or degrading punishment
to be heard by himself and counsel, to be against any prisoner or detainee or the use of
informed of the nature and cause of the substandard or inadequate penal facilities
accusation against him, to have a speedy, under subhuman conditions shall be dealt
impartial, and public trial, to meet the with by law.
witnesses face to face, and to have
SECTION 20. No person shall be SECTION 3. Philippine citizenship may be
imprisoned for debt or non-payment of a lost or reacquired in the manner provided by
poll tax. law.
SECTION 21. No person shall be twice put SECTION 4. Citizens of the Philippines
in jeopardy of punishment for the same who marry aliens shall retain their
offense. If an act is punished by a law and an citizenship, unless by their act or omission
ordinance, conviction or acquittal under they are deemed, under the law, to have
either shall constitute a bar to another renounced it.
prosecution for the same act.
SECTION 5. Dual allegiance of citizens is
SECTION 22. No ex post facto law or bill of inimical to the national interest and shall be
attainder shall be enacted. dealt with by law.
ARTICLE IV PREAMBLE
(3) Those born before January 17, 1973, of REPUBLIC ACT NO. 8491
Filipino mothers, who elect Philippine
citizenship upon reaching the age of AN ACT PRESCRIBING THE CODE
majority; and OF THE NATIONAL FLAG, ANTHEM,
MOTTO, COAT-OF-ARMS AND
(4) Those who are naturalized in accordance OTHER HERALDIC ITEMS AND
with law. DEVICES OF THE PHILIPPINES.
SECTION 2. Natural-born citizens are those Be it enacted by the Senate and Home of
who are citizens of the Philippines from Representatives of the Philippines in
birth without having to perform any act to Congress assembled:
acquire or perfect their Philippine
citizenship. Those who elect Philippine SECTION 1. Short Title — This act shall be
citizenship in accordance with paragraph known as the “Flag and Heraldic Code of
(3), Section 1 hereof shall be deemed the Philippines.”
natural-born citizens.
SECTION 2. Declaration of Policy –
Reverence and respect shall at all times be
accorded the flag, the anthem and other h. “Inclement Weather” shall mean that a
national symbols which embody the national typhoon signal is raised in the locality;
ideals and traditions and which express the
principles of sovereignty and national i. “National Anthem” shall mean the
solidarity. The heraldic items and devices Philippine National Anthem’
shall seek to manifest the national virtues
and to inculcate in the minds and hearts of j. “Official Residences” shall mean
our people a just pride in their native land, Malacañang, and other government-owned
fitting respect and affection for the national structures where the President resides, and
flag and anthem, and the proper use of the other structures occupied by the Philippine
national motto, coat-of-arms and other Consulate or Embassies abroad;
heraldic items and devices.
k. “Places of Frivolty” shall mean places of
SECTION 3. Definition of Terms hilarity marked by or providing boisterous
— Whenever used in this Act, the term: merriment or recreation; and
a. “Military” shall mean all branches of the l. “Institute” shall mean the National
Armed Forces of the Philippines including Historical Institute.
the Philippine National Police, the Bureau of
Jail Management and Penology, and the CHAPTER 1
Bureau of Fire Protection;
THE NATIONAL FLAG
b. “Festoon” shall mean to hang in a curved
shape between two points as a decoration; A. Design of the National Flag
c. “Flag” shall mean the Philippine National SECTION 4. The flag of the Philippines
Flag, unless stated otherwise; shall be blue, white and red with an eight-
rayed golden-yellow sun and three five-
d. “Fly” shall mean the part of the flag pointed stars, as consecrated and honored by
outside the hoist or length; the people.
e. “Symbol” shall mean any conventional B. Hoisting and Display of the National
sign which reveals man’s achievement and Flag
heroism (for orders and decorations),
identification, authority and a sign of dignity SECTION 5. The flag shall be displayed in
(for coat-of-arms, logo and insignia); all public buildings, official residences
public plazas, and institutions of learning
f. “Half-Mast” shall mean lowering the flag everyday throughout the year.
to one-half the distance between the top and
bottom of the staff; SECTION 6. The flag shall be permanently
hoisted, day and night throughout the year,
g. “Hoist” shall mean the part of the flag in front of the following; at Malacanang
nearest the staff or the canvass to which the Palace; the Congress of the Philippines
halyard is attached; building; Supreme Court building; the Rizal
Monument in Luneta, Manila; Aguinaldo
Shrine in Kawit, Cavite; Barasoain Shrine in
Malolos, Bulacan; the Tomb of the On board naval vessels, the flag shall be
Unknown Soldier, Libingan ngmga displayed on the flagstaff at the stern when
Bayani; Mausuleo de los Beteranos dela the ship is at anchor. The Flag shall be
Revolucion; all International Ports of Entry hoisted to the gaff at the aftermast when the
and all other places as maybe designated by ship is at sea.
the Institute.
SECTION 10. The flag, if flown from a
The flag shall be properly illuminated at flagpole, shall have its blue field on top in
night. time of peace and the red field on top in time
of war; if in a hanging position, the blue
SECTION 7. The flag shall also be field shall be to the right (left of the
displayed in private buildings and residences observer) in time of peace, and the red field
or raised in the open flag-staffs in front of to the right (left of the observer) in time of
said buildings every April 9 (Araw war.
ngKagitingan); May 1 (Labor Day); May
28 (National Flag Day) to June The flagpole staff must be straight and
12 (Independence Day); last Sunday of slightly tapering at the top.
August (National Heroes Day); November
30 (Bonifacio Day); and December SECTION 11. If planted on the ground, the
30 (Rizal Day); and on such other days as flagpole shall be at a prominent place and
may be declared by the President and/or shall be of such height as would give the
local chief executives. flag commanding position in relation to the
buildings in the vicinity.
The flag may also be displayed throughout
the year in private buildings or offices or If attached to a building, the flagpole shall
raised in the open on flag-staffs in front of be on top of its roof or anchored on a sill
private buildings: Provided, that they projecting at an angle upward.
observe flag-raising ceremonies in
accordance with the rules and regulations to If on stage or platform or government office,
be issued by the Office of the President. the flag shall be at the left (facing the stage)
or the left of the office upon entering.
SECTION 8. All government agencies and
instrumentalities, and local government SECTION 12. When the Philippine flag is
offices, government-owned corporations flown with another flag, the flags, if both are
and local government units are enjoined to national flags, must be flown on separate
observe flag day with appropriate staffs of the same height and shall be of
ceremonies. Socio-civic groups, non- equal size. The Philippine flag shall be
government organizations and the private hoisted first and lowered last.
sector are exhorted to cooperate in making
the celebrations a success. If the other flag is not a national flag, it may
be flown in the same lineyard as the
SECTION 9. The flag shall be flown on Philippine flag but below the latter and it
merchant ships of Philippine registry of cannot be of greater size than the Philippine
more than one thousand (1000) gross tons flag.
and on all naval vessels.
SECTION 13. When displayed with another f. Hanging in a vertical position across a
flag, the Philippine flag shall be on the right street, with the blue field pointing east, if the
of the other flag. If there is a line of other road is heading south or north, or pointing
flags, the Philippine flag shall be in the north if the road is heading east or west.
middle of the line.
The flag shall not be raised when the
When carried in a parade with flags, which weather is inclement. If already raised, the
are not national flags, the Philippine flag flag shall not be lowered.
shall be in front of the center of the line.
SECTION 17. The flag shall be hoisted to
SECTION 14. A flag worn out through the top briskly and lowered ceremoniously.
wear and tear shall not be thrown away. It
shall be solemnly burned to avoid misuse or The flag shall never touch anything beneath
desecration. The flag shall be replaced it, such as the ground, flood, water or other
immediately when it begins to show signs of objects.
wear and tear.
After being lowered, the flag shall be
SECTION 15. The flag shall be raised at handled and folded solemnly as part of the
sunrise and lowered at sunset. It shall be on ceremony.
the mast at the start of official’office hours,
shall remain flying throughout the day. C. Conduct of Flag Raising Ceremony
SECTION 16. The flag may be displayed: SECTION 18. All government offices and
educational institutions shall henceforth
a. Inside or outside-a building or on a observe the flag-raising ceremony every
stationary flagpoles. If the flag is displayed Monday morning and the flag lowering
indoors on a flagpole, it shall be placed at ceremony every Friday afternoon. The
the left of the observer as one enters the ceremony shall be simple and dignified and
room; shall include the playing or singing of the
Philippine National Anthem.
b. From the top of a flagpole, which shall be
at a prominent place or a commanding SECTION 19. The office of the President
position in relation to the surrounding upon the recommendation of the Institute
buildings; shall issue rules and regulations for the
proper conduct of the flag ceremony.
c. From a staff projecting upward from the
window sill, canopy, balcony or facade of a SECTION 20. The observance of the flag
building. ceremony in official or civic gatherings shall
be simple and dignified and shall include the
d. In a suspended position from a rope playing or singing of the anthem in its
extending from a building to pole erected original Filipino lyrics and march tempo.
away from the building;
SECTION 21. During the flag-raising
e. Flat against the wall vertically with the ceremony, the assembly shall stand in
sun and stars on top; and formation racing the flag. At the moment the
first note of the anthem is heard, everyone in
the premises shall come to attention; moving The flag shall be flown at half-mast on all
vehicles shall stop. All persons present the buildings and places where the decedent
shall :.ace their right palms over their chests, was holding office, on the day of death until
those with hats shall uncover, while those in the day of interment of an incumbent
military, scouting, security guard, and member of the Supreme Court, the Cabinet,
citizens military training uniforms shall give the Senate or the House of Representatives,
:.-.£ salute prescribed by their regulations, and such other persons as may be
which salute shall be completed upon the determined by the Institute.
last note of the anthem.
The flag when flown at half-mast shall be
The assembly shall sing the Philippine first hoisted to the peak for a moment then
national anthem, accompanied by a band, r lowered to the half-mast position. The flag
available, and at the first note, the flag shall shall again be raised briskly to the peak
be raised briskly. before it is lowered for the day.
5. For unveiling monuments or statues; and SECTION 36. The National Anthem shall
always be sung in the national language
6. As trademarks or for industrial, v/ithin or without the country. The following
commercial or agricultural labels or designs. shall be the lyrics of the National Anthem.
The Department of Education, Culture and SECTION 51. The Institute shall issue the
Sports and the Commission on Higher necessary-rules and regulations to
Education, upon the recommendation of the implement the provisions of this Act within
Institute and after the proper notice and ninety (90) days after effectivity. The
hearing, shall cause the cancellation of the Institute shall submit its rules and
recognition of permit of any private regulations to the Office of the President and
educational institution which fails or refuses the Congress of the Philippines.
to observe the provisions of this Act for the
second time. SECTION 52. The Institute shall also be
responsible for the strict enforcement of the
SECTION 49. The Department of provision of this Act. It may call upon any
Education, Culture and Sports (DECS) and government department, agency, office, or
the Commission on Higher Education shall government instrumentality, including
ensure that the National Anthem, as adopted government corporations and local
by law, shall be committed to memory by all government units, for such assistance as it
students of both public and private may deem necessary for the effective
educational institutions, and performed discharge of its functions under this Act.
during the flag ceremony conducted in
accordance with the rules and regulations SECTION 53. Separability Clause— If any
issued by the Office of the President. In provision, or part hereof, is held invalid or
addition, they shall make available the unconstitutional, the remeinder of this Act
vocal, piano or band scores of the National not otherwise affected shall be valid and
Anthem, as adopted by law, to all private subisting.
and public schools, as well as he general
public. SECTION 54. Repealing Clause – Any
law, presidential decree or issuance,
SECTION 50. Any person or judicial entity executive order, letter of instruction,
which violates any of the provisions of this administrative order, rule and regulation
Act shall, upon conviction, be punished by a contrary to or inconsistent with the
provisions of this Act is hereby repealed,
modified, or amended accordingly.