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FOURTEENTH CONGRESS OF THE ) 
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SECOND REGULAR SESSION 
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REPUBLIC OF THE PHILIPPINES 
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13 
MAY 13 p 4 35 
SENATE 
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Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
The influence of the International Red Cross and the Red Crescent Movement has long 
been established and recognized worldwide. Among nations great or small, its influence is 
unmatched and is known to be one that bestows compassion without a tinge of nationality upon 
sufferings experienced by human beings. A Swiss businessman, upon seeing the devastating 
aftermath of the war and the lack of medical assistance, took it upon himself to facilitating the 
aid and treatment of the wounded soldiers. This act of a man named Henry Dunant inspired the 
creation of the recognized International Committee of the Red Cross. In turn, the First Geneva 
Convention was approved on August 22, 1864 through a diplomatic conference held that aims to 
lessen the malevolence created by war. Through this Geneva Convention, the conception of the 
Red Cross emblem was now determined - a symbol for the protection of the humanitarian 
workers, vehicles, medical facilities during events of armed conflict and aggression and 
identification of the members of the Movement. 
On February 14, 1947, the Philippines proclaimed its adherence to the Geneva 
Conventions and participation in aiding the world in diminishing the distress instigated by war 
and aggression and establishing a voluntary organization as considered by the Geneva 
Conventions. The Philippine National Red Cross was created with the enactment of the 
Republic Act 95 signed by then President Manuel Roxas. But the Philippine National Red Cross 
did not begin from that day it was enacted, but through the initiatives of Apolinario Mabini a 
Filipino chapter of the Red Cross was established. 
This bill is derived from 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"' International Conference of the Red Cross 
and Red Crescent, among others. 
As of the present, the Four Geneva Convention of August 12, 1949 was ratified and 
followed by 194 nations. With this numerous approval, it is the widely acknowledged treaty in 
the world. In 1952, the Philippines ratified this treaty. 
Two treaties, namely 1977 Additional Protocol II and the 2005 Additional Protocol 111, 
were signed by the Philippines but have not been ratified. Although the Philippines has not yet 
ratified one of the treaties, we are not bound to enact a legislation or adopt certain provisions to 


govern the usage and protection of the red cross or red crescent emblems which are of vital 
importance in the international humanitarian law. 
As of the present, several sections of the amended Presidential Decree No. 1264, namely 
Sections 14, 15, and 16 reprimand the unauthorized usage of any other person or entity except 
the Medical Services of the Armed Forces of the Philippines and the Philippine National Red 
Cross, of the words “Red Cross” or “Geneva Cross” or use the emblem of the red Greek cross on 
a white background or any designation, design, sign, or insignia constituting an imitation thereof 
for any purpose whatever. There is no provision for the unauthorized use of the Red Crescent 
symbol and the new Red Crystal. 
As with the duty of the State to protect the interest of its citizens, thus it must undertake 
measures needed for the prohibition at all instances the misuse of the emblem. The State must 
establish legislative measures for the stricter enforcement. 
With the collaboration of the PNRC IHL Committee led by Justice Leonor Ines Lucian0 
and the technical assistance of the International Committee of the Red Cross, this bill was 
brought into being. 
We sincerely seek the immediate passage of this bill. 
G REVILLA, JR. 


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FOURTEENTH CONGRESS OF THE 
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SECOND REGULAR SESSION 
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REPUBLIC OF THE PHILIPPINES 
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9 
HAY 13 i ' d  
SENATE 
S.B. No. 32241 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
DESIGNATING 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: 
I. PRELIMINARY PROVISIONS 
SECTION 1. Short Title. This Act shall be known as "The Use and Protection of 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. 
11. RULES ON THE USE OF THE RED CROSS, THE RED CRESCENT AND THE RED 
CRYSTAL EMBLEMS 
Sec. 3. Definition of Protective Use and lndicative Use. - The emblem used as a 
protective device during armed conflict is the visible sign of the protection conferred by the 
Geneva Conventions and their Additional Protocols on medical personnel and medical units and 
transports in time of armed conflict. The dimensions of the emblem shall therefore be as large as 
p o s s i b 1 e. 
Indicative use of the emblem shows that a person or an object is linked to an institution of 
the International Movement of the Red Cross and Red Crescent. The emblem shall be small in 
size. 
Sec. 4. Protective Use by the Medical Service of the Armed Forces of the Philippines. - 
Under the control of the Department of National Defense (DND), the medical service of 
the Armed Forces of the Philippines (AFP) shall, both in peacetime and during armed conflict, 
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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 Department of 
National Defense (DND). 
. Religious personnel attached to the armed forces 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 
armed forces may, without prejudice to the use of their present respective emblems, make 
temporary use of either of the other distinctive emblems recognized by, and enjoying equal status 
under the Geneva Conventions and their Additional Protocols. 
See. 5. Protective Use by Hospitals and Other Civilian Medical Units. - The Department 
of Health (DOH) or local government unit (LGU) exercising control over the hospitals, civilian 
medical personnel, civilian and civilian medical transports assigned in particular to the transport 
and treatment of the wounded, sick and shipwrecked, shall authorize the same to be marked with 
the Red Cross emblem used as a protective device in time of armed conflict, in consultation with 
the Philippine National Red Cross (PNRC). In this regard, the DOH and LGUs shall work 
together with the DND, which shall, if necessary, give advice and assistance. 
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 and LGUs. 
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. 
See. 6. 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 armed forces. 
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 ofthe red cross, 
or where this may enhance protection, to make temporary use of either of the distinctive 
emblems recognized by, and enjoying equal status under, the Geneva Conventions and their 
Additional Protocols. 
Such personnel shall wear armlets and cany identity cards in accordance with Section 4, 
paragraph 2 of this Act. 
The PNRC may he authorized to use the emblem as a protective device for its medical 
personnel and medical units in accordance with Section 5 of this Act. 
See. 7. Indicative Use by the Philippine National Red Cross and National Societies. - 
. The PNRC 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. 
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 PNRC, be entitled to use the emblem under the same 
conditions. 
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See. 8. Indicative Use by the Znternational Organizations of the International 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 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. 
IlI. CONTROL MEASURES AND PENALTIES 
Sec. 9. Control Measures and Enforcement - The DND, DOH, Department of Interior 
and Local Government (DILG) and Department of Trade and Industry (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 provide for the necessary 
administrative and disciplinary sanctions in cases of misuse. 
See. 10. Role of the Philippine National Red Cross. - The PNRC shall cooperate with 
the DND, DOH, DILG and DTI in their efforts to prevent and repress any misuse. It shall be 
entitled to inform them of such misuse and to participate in relevant criminal, civil or 
administrative proceedings. 
Sec. 11. Misuse of the Red Cross, the Red Crescent or the Red Crystal Emblem ns an 
Indicative Device in Peacetime and I n  Time of Armed Conflict - Any person who willfully 
and, without entitlement, makes use of the red cross, red crescent or red crystal emblem: the 
words “Red Cross”, “Red Crescent” or “Red Crystal” or their translation in any official language 
and dialect; a distinctive signal or any other sign, designation or signal which constitutes an 
imitation thereof or likely to cause confusion or mistake or to deceive the general public, 
irrespective of the purpose of such use, any person who, in particular, has displayed the said 
emblems or words on signs, posters, announcements, leaflets or commercial documents, or has 
afixed them to goods or packaging, or has sold, offered for sale or placed in circulation goods 
thus marked; shall be punished by imprisonment of not more than one (1) year andlor a fine of 
not less than Twenty Thousand Pesos (P20,000.00) at the discretion of the court. 
If the misuse is committed by a corporate body, the punishment shall apply to the persons 
who committed the crime or ordered the commission of the offense. Foreigners convicted under 
this Section may be ordered deported upon service of the penalty. In addition, the court may 
order the forfeiture in favor of the PNRC of any proceeds, property, assets upon or directly or 
indirectly in connection with which an emblem, designation, design, wording or sign which was 
used in the commission of the offense, without prejudice to the rights of bona fide third parties. 
Sec 12. Misuse of tlce Red Cross, the Red Crescent or the Red Ctystal- (A) Any person 
who willfully commits or gives the order to commit acts resulting in the death of, or causing 
serious harm to the body or health of an adversary by making perfidious use of the red cross, red 
crescent or red crystal emblem, or a distinctive signal, shall be deemed to have committed a war 
crime and shall be punished by redusion perpetua or imprisonment of twenty (20) years to one 
(1) day to forty (40) years and a fine not less than One Hundred Thousand Pesos (PlOO,OO0.00) at 
3 


the discretion of the court if the act results in death of an adversary, or reclusion temporal or 
imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine not less than 
One~Hundred Thousand Pesos (PlO0,OOO.OO) at the discretion of the court if the act results in 
serious harm to the body or health of an adversary. 
Perfidious use of the red cross, red crescent or red crystal emblem, or a distinctive signal 
which does not result in death or serious harm to the body or health of an adversary shall be 
punished by przszon correctional-in its minimum and medium periods or imprisonment of not 
less than (6) years and one (1) day to ten (IO) years and a fine not less than One Hundred 
Thousand Pesos (PIOO, 000.00) at the discretion of the court. 
The court may also impose the corresponding accessory penalties under the Revised 
Penal Code, especially where the offender is a public officer. 
Perfidious use means appealing to the good faith of the adversary, with the intention to deceive 
and create a belief that the offender was entitled to receive or was obliged to confer the 
protection provided for by the rules of international humanitarian law. 
(B) Any person who in time of armed conflict has willfully and without entitlement used 
the red cross, red crescent or red crystal emblem, or a distinctive signal or any other signal which 
constitutes an imitation thereof or which might lead to confusion, shall be punished by 
imprisonment of not more than one (I) year andlor a fine of not less than Twenty Thousand 
Pesos (P20, 000.00). 
If the crime is committed by a corporate body, the punishment shall apply to persons who 
committed the crime or ordered the commission of the crime. In addition, the court may order the 
forfeiture in favor of the PNRC of any proceeds, property, assets upon or directly or indirectly in 
connection with which an emblem, designation, design, wording or sign was used in the 
commission of the crime; and any identity cards, insignia or uniforms used in the commission of 
the crime. 
Sec. 13. Misuse 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, shall likewise he prohibited 
at all times. Offenders shall be punished by a fine not less than Twenty Thousand Pesos (P20, 
000.00). 
See. 14. Znterim Measu~es. - The DND, DOH, DILG and DTI shall take the necessary 
interim measures in pursuit of the objectives of this Act, including ordering the seizure of objects 
and materials marked in violation of this Act, the removal of the red cross and red crescent 
embtem 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 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 1 1  1 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 hrther 
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 
4 


voluntarily cease and desist from using the same and withdraw from the market any and all 
products bearing the same within two (2) months from promulgation of this Act. 
Objects, materials and products abovementioned shall be disposed of by the PNRC accordingly. 
See 15. Registration of Association, Trade names and Trademarks. - The Securities 
and Exchange Commission (SEC), Intellectual Property Office (PO) and the DTI shall refuse 
the registration of associations, the registration of trade names, and the filing of trademarks, 
commercial marks and industrial models and designs making use of the emblem of the red cross, 
red crescent or red crystal and of the words "Red Cross", "Red Crescent" or "Red Crystal" or 
their translation in any official language and dialect in violation of this Act. 
IV. RELATIONSHIP WITH OTHER LAWS 
See 16. Relationship with the Constitution. - This Act shall supplement the 
Constitution, especially the Bill of Rights, and provisions on international law and human rights 
and jurisprudence thereon. 
See 17. Relationship with International Lm. - In the application and interpretation of 
this statute, Philippine courts shall be guided by the following instruments and developments in 
international law: 
(A) The 1949 Geneva Conventions I-IV and their 1977 Additional Protocols I & I1 and 
2005Additional Protocol 11 1; 
(B) 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; 
(C) Resolution 1 of the 29th International Conference of the Red Cross and Red Crescent 
International criminal law jurisprudence from the international criminal tribunals, especially as 
may come from the International Criminal Court in The Hague; 
@) Relevant and applicable international human rights instruments and jurisprudence, 
mainly from the United Nations system; and 
(E) Teachings of the most highly qualified publicists and authoritative commentaries on 
the foregoing sources as subsidiary means for the determination of rules of law. 
See 18. Relationship with the Revised Penal Code and Other Relevant Laws. - The 
Revised Penal Code shall be of supplementary application 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 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. 
See 19. Relationship with the Revised Rules on Criminal Procedure. - The Revised 
Rules of Criminal Procedure shall be supplementary to this statute and to additional special rules 
of criminal procedure as may be formulated hy the Supreme Court for the investigation, 
prosecution and trial of crimes under this statute. 
See 20. Relationship with the Intellectual Property Code, the Corporation Code, and 
the Department of Trade and lndustry Rules and Regulations. - The Intellectual Property Code, 
5 


the Corporation Code and the DTI Rules and Regulations shall be supplementary to this statute 
for purposes of registration of corporations, associations, partnerships, single proprietorships; 
and trade names and the filing of trademarks, commercial marks and industrial models and 
designs making use of the emblem of the red cross, red crescent or red crystal and of the words 
"Red Cross," "Red Crescent" or "Red Crystal" or their translation in any official language and 
dialect under this Act. For these purposes, in case of conflict, this statute shall prevail over the 
Intellectual Property Code, the Corporation Code and the DTI Rules and Regulations. 
V. PROSECUTION OF CASES 
See 21. Prosecutors and Investigation of Cases. - The Regional Trial Courts or the 
Metropolitan Trial Courts of the Philippines, as the case may be, shall have original and 
exclusive jurisdiction over crimes punishable under this Act. 
The Supreme Court and the Department of Justice shall ensure that judges and 
prosecutors, respectively, receive effective training regarding the crimes defined under this Act. 
VI. FINAL PROVISIONS 
Sec. 22. hzplcmenting Rules and Regulations. - The DND, DOH, DILG and DTI, in 
consultation with the PNRC, shall adopt Implementing Rules and Regulations (IRR) within five 
( 5 )  months upon promulgation ofthis Act. 
Sec. 23. Repenling 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. 
Sec. 24. Separability CZause. - If any part or provision of this Act is held unconstitutional 
or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in 
full force and effect. 
Scc. 25. Eflectivity. - This Act shall take effect fifteen (15) days after its publication in 
two national newspapers of general circulation. This publication shall not he later than seven (7) 
days after the approval hereof 
. Approved, 
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