FOURTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
S. No.' :2458 
Introduced by Senator Juan Miguel F. Zubiri 
EXPLANATORY NOTE 
What began in the battlefields at Solferino in 1859 where human suffering 
was met with care and compassion without distinction of nationality, the work of 
the International Red Cross and Red Crescent Movement has since expanded 
worldwide. 
In a diplomatic conference in Geneva, Switzerland on August 22, 
1864, it was unanimously agreed to diminish the evils inherent in war by approving 
the First Geneva Convention. Thus, the Red Cross emblem was also born - an 
internationally recognized emblem purposely used to protect humanitarian 
workers, vehicles and medical facilities in times of armed conflict and other 
situations of violence, and identify the members of the Movement. 
The Philippines, after the Second World War, proclaimed on February 14, 
1947 its adherence to the Geneva Conventions and to participate with the nations 
of the world in mitigating suffering caused by war and to establish a voluntary 
organization for that purpose as contemplated by the Geneva Conventions. In two 
months, the Philippine National Red Cross (PNRC) was established with the 
promulgation of Republic Act 95. 
This bill draws on the 1949 Geneva Conventions and their 1977 and 2005 
Protocols, the Regulations on the Use of the Emblem of the Red Cross or the Red 
Crescent by the National Societies, as adopted by the 20th International 
Conference of the Red Cross, and subsequent amendments, and Resolution 1 of 
the 29'h International Conference of the Red Cross and Red Crescent, among 
others. 
Currently, 194 nations have ratified or adhered to the Four Geneva 
Conventions of August 12, 1949 making it the most widely accepted and 
recognized treaty in the world. It was ratified by the Philippines in 1952. 
The Philippines has likewise ratified the 1977 Additional Protocol II and the 
2005 Additional Protocol 111. 
It has signed but not yet ratified the 1977 Additional 
Protocol. While this treaty has yet to be ratified, it does not bar our sovereign 
Congress from adopting certain provisions thereof as part of our national 
legislation including those governing the use and protection of the emblem of the 
red cross or red crescent which occupies a very important place in international 
humanitarian law. 


To date, only Sections 14, 15 and 16 of Presidential Decree No. 1264 (as 
amended) penalize the unlawful use of any other person or entity, aside from the 
Medical Services of the Armed Forces of the Philippines and the PNRC, of the 
words "Red Cross" or "Geneva Cross" or use the emblem of the red Greek cross 
on a white ground or any designation, design, sign or insignia constituting an 
imitation thereof for any purpose whatsoever. 
There is no provision for the 
unlawful use of the Red Crescent symbol and the new Red Crystal. 
In view of the Philippines' obligation to take measures to prevent and 
repress at all times any misuse of the emblem, a stricter and broader national 
legislative regime should be put in place. 
Finally, this bill is a result of the collaboration of the Philippine National Red 
Cross National IHL Committee led by Justice Leonor lnes Lucian0 with the 
technical assistance of the International Committee of the Red Cross. 
The approval of this bill is therefor,e most earnestly sought. 
IGUEL F. ZUBlRl 
2 


I 
3 
4 
5 
6 
7 
8 
9 
I O  
I I  
12 
I D  
I4 
15 
16 
17 
I 8  
19 
2 0 
'I 
22 
23 
24 
25 
26 
27 
2s 
2 0 
3 0 
31 
32 
7 - 
FOURTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
8 
JUL 22 [?; i :! 4 
Introduced by Senator Juan Miguel F. Zubiri 
AN ACT 
DEFINING THE USE AND PROTECTION 
OF THE RED CROSS, RED CRESCENT AND 
RED CRYSTAL EMBLEMS 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
CHAPTER I 
PRELIMINARY PROVISIONS 
SECTION I. 
Short Title. This Act shall be known as "The Red Cross and 
Other Related Emblems Bill." 
SECTION 2. Declaration of Principles and State Policies: 
a) The Philippines renounces war as an instrument of national policy, 
adopts the generally accepted principles of international law as part of the law of 
the land and adheres to a policy of peace, justice, freedom, cooperation, and amity 
with all nations. 
b) The State adopts the provisions of the Hague Conventions and the 1949 
Geneva Conventions and their Protocols insofar as they have been ratified or have 
become part of generally accepted principles of international law. 
c) The misuse of the red cross, red crescent or red crystal emblem and of 
the words "Red Cross", "Red Crescent" or "Red Crystal" or their translation in any 
official language and dialect shall not go unpunished. Their effective prosecution 
shall be ensured by taking measures at the national level. 
SECTION 3. Definition of Terms. As used in this Act, the following terms 
shall apply: 
a) 
b) 
c) 
d) 
AFP means the Armed Forces of the Philippines; 
DND means the Department of National Defense; 
DOH means the Department of Health; 
D U  means Department of Trade and Industry; 


I 
2 
3 
4 
5 
0 
7 
8 
9 
I O  
I1 
12 
13 
14 
15 
16 
17 
18 
I9 
2 0 
21 
22 
23 
24 
2s 
26 
27 
28 
2 0 
3 0 
31 
32 
13 
34 
35 
36 
37 
38 
30 
40 
41 
42 
43 
44 
45 
4 
0 
47 
48 
49 
50 
SI 
52 
53 
e) 
f) 
g) 
h) 
i) 
j )  
Emblems mean the Red Cross, Red Crescent and Red Crystal Emblems; 
LGU means Local Government Unit; 
PNRC means Philippine National Red Cross; 
Red Crescent means a red crescent or quarter moon on a white background; 
Red Cross Emblem means the red Greek cross on a white background; 
Red Crystal Emblem means the third protocol emblem 
CHAPTER II 
USE OF THE RED CROSS, THE RED CRESCENT AND THE RED CRYSTAL 
EMBLEMS 
SECTION 4. Use of the Emblems. No person may use the Red Cross, Red 
Crescent, and Red Crystal Emblems, except in cases tierein provided. 
SECTION 5. Protective Use and lndicative Use 
The protective use of the Emblems is meant to mark medical and religious 
personnel and equipment which must be respected and protected in time of armed 
conflicts. The dimensions of the Emblems shall therefore be as large as possible. 
The indicative use of the Emblems serves to show that persons or objects 
are linked to the International Movement of the Red Cross and Red Crescent and 
may be used both in peacetime and during armed conflicts. The Emblems shall be 
small in size. 
SECTION 6. Protective Use by the Medical and Religious Services of the 
Armed Forces of the Philippines. Under the control of the DND, the medical 
service of the AFP shall, both in peacetime and during armed conflict, use the Red 
Cross emblem to identify its medical personnel, medical units and transports on 
the ground, sea and air. 
Medical personnel shall wear armlets and carry identity cards displaying the 
Red Cross emblem. These armlets and identity cards shall be issued exclusively 
by the DND. 
Religious personnel attached to the AFP shall be afforded the same 
protection as medical personnel and shall likewise be similarly identified with 
armlets and identity cards. 
Where this may enhance protection, medical and religious personnel 
attached to the AFP may, without prejudice to the use of their present respective 
emblems, make temporary use of any of the other distinctive emblems recognized 
by, and enjoying equal status under the Geneva Conventions and their Additional 
Protocols. 
SECTION 7. Protedive Use by Hospitals and Other Civilian Medical Units. 
The DOH or the LGU, whichever is exercising control over the hospitals, civilian 
medical personnel, civilian and civilian medical transports, assigned in particular to 
the transportation and treatment of the wounded, sick and shipwrecked, shall be 
authorized to use the Red Cross emblem as a protective device in time of armed 
conflict, in consultation with the Philippine National Red Cross. 
2 


1 
2 
3 
4 
5 
6 
7 
8 
0 
I 0 
I I  
12 
13 
14 
15 
16 
17 
I8 
I9 
20 
21 
22 
23 
24 
25 
26 
21 
28 
2 0 
3 0 
31 
32 
33 
34 
35 
36 
37 
38 
3') 
4 0 
41 
42 
43 
44 
45 
4 6 
47 
48 
49 
5 0 
51 
52 
53 
54 
55 
Civilian medical personnel shall wear armlets and carry identity cards 
displaying the Red Cross emblem. These armlets and identity cards shall be 
issued by the DOH or LGU, as the case may be. 
Civilian religious personnel attached to hospitals and other medical units 
shall be afforded the same protection as medical personnel and shall likewise be 
similarly identified with armlets and identity cards. 
SECTION 8. Protective Use by the Philippine National Red Cross. The 
PNRC is authorized to place medical personnel and medical units and transports 
at the disposal of the medical service of the AFP. 
Such personnel, units and transportation shall be subject to military laws 
and regulations and may be authorized by the DND to display as a protective 
device the emblem of the red cross or where this may enhance protection, to 
make temporary use of any other distinctive emblems recognized by, and enjoying 
equal status, under the Geneva Conventions and their Additional Protocols. 
Such personnel shall wear armlets and carry identity cards, in accordance 
with Section 6, paragraph 2 of this Act. 
The PNRC is authorized to use the emblem as a protective device for its 
medical personnel and medical units in accordance with Section 7 of this Act. 
SECTION 9. lndicative Use by the Philippine Nafional Red Cross and 
National Societies. 
The Philippine National Red Cross is authorized to use the 
emblem as an indicative device. It may, in exceptional circumstances and to 
facilitate its work, make temporary use of the Red Crystal Emblem. It shall apply 
the "Regulations on the Use of the Emblem of the Red Cross or the Red Crescent 
by the National Societies." 
National Societies of other countries present in the territory of the Republic 
of the Philippines shall, with the consent of the Philippine National Red Cross, be 
entitled to use the emblem under the same conditions. 
SECTION I O .  lndicative Use by the lnternational Organizations of the 
lnternational Red Cross and Red Crescent Movement. The International 
Committee of the Red Cross and the International Federation of Red Cross and 
Red Crescent Societies may make use of the emblems of the Red Cross or the 
Red Crescent Emblems at any time and for all their activities. 
The International Committee of the Red Cross and the International 
Federation of Red Cross and Red Crescent Societies, and their duly authorized 
personnel, may make use of the Red Crystal in exceptional circumstances and to 
facilitate their work. 
SECTION 11. Use of the Emblems by other persons authorized by PNRC. 
In accordance with Article 44 of the Geneva Conventions, the PNRC may 
authorize the use of the Red Cross Emblem by institutions whose purpose is not 
commercial but to make known or to promote the activities of PNRC. 
3 


I 
2 
3 
4 
S 
6 
7 
8 
0 
I O  
I I  
12 
13 
14 
IS 
16 
17 
18 
19 
2 0 
21 
22 
23 
24 
25 
26 
21 
28 
20 
30 
31 
32 
33 
34 
3.5 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
4 
50 
SI 
52 
53 
54 
55 
CHAPTER 111 
PROHIBITED ACTS AND PENALTIES 
SECTION 12. Unauthorized and Misuse of any of the Emblems as an 
lndicative Device in Peacetime and in Time of Armed Conflict. 
An imprisonment of not more than one (1) year and/or a fine of not less 
than Twenty Thousand Pesos (P20,OOO.OO) or both shall be imposed on any 
person who, without authority, willfully: 
a) uses of the red cross, red crescent or red crystal emblem ; 
b) 
uses the words "Red Cross", "Red Crescent" or "Red Crystal" or their 
translation in any official language and dialect; 
c) uses a distinctive signal, insignia or any other designation which constitutes 
an imitation of any of the Emblems that will likely cause confusion, mistake 
andlor deception of the general public, irrespective of the purpose of such 
use; 
displays any of the Emblems or words "Red Cross", "Red Crescent" and/or 
"Red Crystal" on signs, posters, announcements, leaflets or commercial 
documents; 
affixes the Emblems and the words "Red Cross", "Red Crescent" and/or "Red 
Crystal" to goods or packaging, and/or has sells, offers for sale or places in 
circulation goods thus marked. 
d) 
e) 
In case the violation is committed by a corporation or association, the 
penalty shall be imposed on the persons who committed the crime or ordered the 
commission of the offense. If the person convicted is a foreigner, he may be 
ordered deported upon service of his penalty. 
Any proceeds, property, and other assets used, directly or indirectly in the 
commission of the offense, shall further be forfeited in favor of PNRC, without 
prejudice to the rights of bona fide third parties. 
SECTION 13. Prohibited and Unauthorized Uses of the Emblems as 
Protective Device in Time of Armed Conflict. 
a) 
imitate the Emblems, of the words "Red Cross", "Red Crescent", "Red Crystal". 
Perfidious Use of the Emblems, distinctive signals or designations meant to 
Any person who shall use the Emblems, distinctive signals or designations 
meant to imitate the Emblems, words "Red Cross", "Red Crescent", "Red Crystal", 
to appeal to the good faith of the adversary, with the intention to deceive him and 
make him believe that he was entitled to receive or was obliged to confer the 
protection provided for by the rules of international humanitarian law shall be guilty 
of the act of Perfidious Use which is punishable with the following penalties: 
(1) 
Imprisonment ranging from twenty (20) years and one (1) day lo forty 
(40) years and a fine of not less than Two Hundred Thousand Pesos 
(P200,OOO.OO) shall be imposed if the Perfidious Use resulted to the death 
of an adversary; 
(2) 
Imprisonment ranging from twelve (12) years and one (1) day to 
twenty (20) years and a fine of not less than One Hundred Thousand 
Pesos (PlOO,OOO.OO) 
shall be imposed if the Perfidious Use resulted to 
physical injuries as defined in the Revised Penal Code; 
4 


1 
2 
3 
4 
5 
6 
7 
8 
9 
I O  
I I  
12 
13 
14 
15 
I6 
17 
18 
I 0 
20 
21 
22 
23 
24 
25 
2 6 
27 
28 
29 
3 0 
31 
32 
33 
34 
35 
3 6 
37 
38 
3') 
40 
41 
42 
43 
44 
45 
46 
47 
48 
40 
50 
I 
SI 
52 
53 
54 
(3) 
Imprisonment ranging from six (6) years and one (1) day to twelve 
(12) years and a fine of not less than Fifty Thousand Pesos (P50,OOO.OO) 
shall be imposed if the Perfidious Use did not result to any of the 
abovementioned cases; 
The penalties herein provided are imposable to any person who willfully 
commits the violation and to the person who gave the order to commit such 
violation. 
The corresponding accessory penalties under the Revised Penal Code 
shall be imposed especially where the offender is a public officer. 
SECTION 14. Any person who in time of armed conflict willfully uses, 
without authority, 
Emblems, distinctive signal or any other signal which 
constitutes an imitation thereof, and the words "Red Cross", "Red Crescent", "Red 
Crystal" shall be punishable by imprisonment ranging from six (6) months to one 
(1) year and a fine of not less than Twenty Thousand Pesos (P20,OOO.OO). 
the 
In case the violation is committed by a corporation or association, the 
penalty shall be imposed on the persons who committed the crime or ordered the 
commission of the crime. 
Any proceeds, property, and other assets used, directly or indirectly in the 
commission of the offense, shall further be forfeited in favor of PNRC. 
SECTION 15. Use of the White Cross on a Red Ground. Owing to the 
confusion which may arise between the arms of Switzerland and the emblem of 
the red cross, the use of the white cross on a red ground or of any other sign 
constituting an imitation thereof, whether as a trademark or commercial mark or as 
a component of such marks, or for a purpose contrary to fair trade, or in 
circumstances likely to wound Swiss national sentiment, is likewise prohibited at 
all times. Any person who shall use such emblem shall be punishable by a fine of 
not less than Twenty Thousand Pesos (P20,OOO.OO). 
SECTION 16. lnferim Measures. The DND, DTI, DOH, DlLG and/or LGU 
shall take the necessary interim measures such as order the seizure of objects 
and materials marked in violation of this Act, demand the removal of the Emblems 
or the words "Red Cross" and "Red Crescent" or their translation in any official 
language and dialect at the expense of the instigator of the crime and order the 
forfeiture or destruction of the instruments used for their reproduction. 
Persons making use of the red crystal emblem or of any sign constituting an 
imitation thereof or the words "Red Crystal" or any translation thereof in any official 
language and dialect, prior to the adoption of Additional Protocol 111 shall be 
permitted to continue such use; Provided, that the use shall not be such as would 
appear, in time of armed conflict, to confer protection under the Geneva 
Conventions and their Additional Protocols: and Provided further, that such rights 
were acquired prior to the effectivity of this Act. 
Otherwise, persons making use of the red cross, the red crescent or red 
crystal or any sign constituting an imitation thereof or the words "Red Cross", "Red 
Crescent" or "Red Crystal" or their translation in any official language and dialect 
upon entry into force of this Act, shall voluntarily cease and desist from using the 
5 


1 
2 
3 
4 
5 
6 
7 
8 
9 
I 0 
I 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
'2 
23 
24 
25 
2 6 
21 
28 
29 
30 
31 
32 
13 
34 ' 
35 : 
36 
87 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
51 
52 
.. 
57 
54 
so 
same and withdraw from the market any and all products bearing the same within 
two (2) months from promulgation of this Act. 
CHAPTER IV 
ROLES OF GOVERNMENT AGENCIES AND THE PNRC 
SECTION 17. Control Measures and Enforcement. The DND, DOH, DILG, 
and DTI shall at all times ensure strict compliance with the rules governing the use 
of the emblems of the red cross, the red crescent or the red crystal, the name 
"Red Cross", "Red Crescent" or "Red Crystal" or their translation in any official 
language and dialect or the distinctive signals. They shall exercise strict control 
over their respective personnel authorized to use the said emblems, names and 
signals. 
They shall take every appropriate step to prevent misuse, in particular by 
disseminating the rules in question as widely as possible among the armed forces, 
the police forces, the instrumentalities of the State and the civilian population. 
They shall likewise issue instructions to national civilian and military authorities on 
the use of the distinctive emblem in accordance with the Geneva Conventions and 
their Additional Protocols and by providing for the necessary administrative and 
disciplinary sanctions in cases of misuse. 
SECTION 18. Role of the Philippine National Red Cross. The Philippine 
National Red Cross shall coordinate with the DND, DOH, DILG, and DTI in their 
efforts to prevent and repress any misuse and unauthorized use of the Emblems. 
It shall be informed of the misuse and authorized use thereof and to participate in 
relevant criminal, civil or administrative proceedings. 
CHAPTER V 
MISCELANEOUS PROVISIONS 
SECTION 19. Interpretation. In the application and interpretation of this 
~ 
statute, the Philippine courts shall be guided by the following instruments and 
developments in international law: 
a) 
II and 2005 Additional Protocol 111; 
b) 
Regulations on the Use of the Emblem of the Red Cross or the Red 
Crescent by the National Societies, as adopted by the 20fh International 
Conference of the Red Cross, and subsequent amendments; 
c) 
Crescent 
The 1949 Geneva Conventions I-IV and their 1977 Additional Protocols I & 
Resolution 1 of the 2gth International Conference of the Red Cross and Red 
d) 
International criminal law jurisprudence from the international criminal 
tribunals, especially as may come from the International Criminal Court in The 
Hague; 
e) 
Relevant and applicable international human rights instruments and 
jurisprudence, mainly from the United Nations system; and 
6 


I 
2 
3 
4 
5 
6 
7 
8 
9 
I O  
I I  
12 
I3 
I4 
15 
16 
17 
18 
I9 
20 
21 
23 
24 
25 
26 
27 
28 
2 9 
3 0 
31 
32 
33 
34 
35 
3 0 
37 
34 
39 
40 
41 
42 
43 
44 
45 
46 
47 
45 
49 
5 0 
71 
i- 
f) 
Teachings of the most highly qualified publicists and authoritative 
commentaries on the foregoing sources as subsidiary means for the determination 
of rules of law. 
The Revised Penal Code shall be suppletory to this statute for purposes of 
criminal investigation, prosecution and trial of crimes under this Act. For these 
purposes, in case of conflict, this statute shall prevail over the Revised Penal 
Code. The same relationship with this statute applies to the Civil Code of the 
Philippines and special laws of a criminal and/or civil nature, such as on matters of 
civil liability. This Act is without prejudice to the application of the Uniform Rules 
on Administrative Cases in the Civil Service insofar as the administrative liability of 
a public officer is concerned. 
The Revised Rules of Criminal Procedure shall be suppletory to this statute 
and to additional special rules of criminal procedure as may be formulated by the 
Supreme Court for the investigation, prosecution and trial of crimes under this 
statute. 
SECTION 20. Jurisdicfion of the Courts. The Regional Trial Courts or the 
Metropolitan Trial Courts of the Philippines, as the case may be, shall have 
original and exclusive jurisdiction over the crimes punishable under this statute. 
Their judgments may be appealed or elevated to the Court of Appeals and to the 
Supreme Court under the existing system of jurisdiction of Philippine Courts. 
The Supreme Court and the Department of Justice shall ensure that judges, 
prosecutors and investigators receive effective training regarding the crimes 
punishable under this statute. 
SECTION 21. lrnpleinenting Rules and Regulations. In relation to Section 
8(2), Part 8 hereof, the DND, DOH, DILG, and DTI in consultation with 
the 
PNRC shall 
adopt the Implementing Rules and 
Regulations (IRR) within 
five (5) months upon promulgation of this Act. 
SECTION 22. Repealing Clause. 
All laws, presidential decrees and 
issuances, executive orders, rules and regulations or parts thereof inconsistent 
with the provisions of this Act are hereby repealed or modified accordingly. 
SECTION 23. Separability Clause. If, for any reason or reasons, any part 
or provision of this Act shall be held to be unconstitutional or invalid, other parts or 
provisions hereof which are not affected thereby shall continue to be in full force 
and effect. 
SECTION 24. Suppletory Clause. 
This Act 
shall 
be suppletory to 
additional 
international humanitarian laws as may be promulgated by the 
Congress of the Philippines. 
SECTION 25. Effectivity. This Act shall take effect fifteen (15) days after 
its publication in two national newspapers of general circulation. 
Approved, 
7