FI~TEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S.B. No. _3",--2=0-=:9,-
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Prepared by the Committees on Justice and Human Rights and National Defense and Security 
With The Committee on Rules and Senators Angara, Marcos, Jr., Escudero, and Lacson, 
as authors thereof. 
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AN ACT 
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DEFINING THE USE AND PROTECTION OF THE RED CROSS, RED CRESCENT, AND RED CRYSTAL 
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EMBLEMS, PROVIDING PENALTIES FOR VIOLATIONS THEREOF 
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AND FOR OTHER PURPOSES. 
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Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: 
PART 1 
INTRODUCTORY PROVISIONS 
SECTION 1. Short Title. - This Act shall be known as "The Red Cross and Other Emblems Act of 2012." 
SEC. 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 Convention IV of 1907 and the 1949 Geneva 
Conventions and their Additional Protocols on the protection of victims of war insofar as they have 
been ratified or have become part of generally accepted prinCiples of international law. 
(c) The State shall secure the protective use and indicative use of the emblems both in times of peace 
and in times of armed conflict in accordance with the standards and guidelines set forth under the 
Hague Conventions of 1907 and the 1949 Geneva Conventions and their Additional Protocols on the 
protection of victims war. 
(d) The misuse of the emblem of the Red Cross, Red Crescent, and Red Crystal; and of the words Red 
Cross, Red Crescent, and Red Crystal or their translation in any official language and dialect shall not 
go unpunished. Its effective prosecution shall be ensured by taking measures at the national level. 
SEC. 3. Definition of Terms. - For purposes of this Act, the term: 
(a) Armed conflict means any use of force or armed violence which gives rise, or may give rise, to a 
situation to which the 1949 Geneva Conventions and their Additiona I Protocols, including their 
common Article 3 (Conflicts not of an International Character), apply. It does not include situations 
of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other 
acts of a similar nature. 
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(b) Distinctive signals means any of the distinctive signals specified in Chapter III of Annex I to the 
Protocol Additional to the 1949 Geneva Conventions, and relating to the Protection of Victims of 
International Armed Conflicts (Protocol I), being the signals of identification for medical units and 
transport, namely: the blue light signal, the radio signal and electronic means of identification. 
(c) Emblem means the Red Cross, Red Crescent, and Red Crystal emblem. 
(d) Indicative use means the use of the emblem showing that a person or an object is linked to an 
institution of the International Movement of the Red Cross, Red Crescent and Red Crystal. The 
emblem shall be small in size. 
(e) Perfidious use means the use of the emblem by a person with intent to appeal to the good faith of 
his/her adversary in order to deceive and make the latter believe that he or she is entitled to receive 
or is to be conferred the protection provided for by the rules of international humanitarian law. 
(f) Protective use means the visible sign of the protection conferred by the 1949 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 possible. 
(g) Red Crescent when used to signify a heraldic emblem, means an emblem depicting a red crescent 
moon on, and completely surrounded by, a white background, as illustrated in Article 4, Chapter IV 
of Annex I of Protocol I to the Geneva Conventions. 
(h) Red Cross when used to signify a heraldic emblem, means an emblem depicting a red cross with 
branches of equal length on, and completely surrounded by, a white background, formed by 
reversing the colours of the Swiss Confederation, as illustrated in Article 4, Chapter IV of Annex I of 
the Additional Protocol I to the Geneva Conventions. 
(I) Red Crystal when used to signify a heraldic emblem, means any emblem depicting a red frame in 
the shape of a square on edge, and completely surrounded by, a white background as illustrated in 
Additional Protocol III to the Geneva Conventions. 
PART 2 
RULES IN THE USE OF THE RED CROSS, THE RED CRESCENT, 
AND THE RED CRYSTAL EMBLEMS 
SEC. 4. Protective Use by the Medical Service And Religious Personnel of the Armed Forces of 
the Philippines. - Under the supervision and 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, use the Red Cross to identify its medical personnel, medical units and transports on the ground, 
sea and air. 
Medical personnel, organic or attached to AFP, shall wear armlets and carry identity cards 
displaying the Red Cross emblem. These armlets and identity cards shall be issued by the DND. 
Religious personnel, organic or attached to the armed forces shall be afforded the same 
protection as medical personnel and shall be identified in the same way. 
Where this may enhance protection, medical and religious personnel, organic or attached to the 
AFP may, without prejudice to the use of their present emblem, make temporary use of any of the other 
distinctive emblems recognized by, and enjoying equal status under the 1949 Geneva Conventions and 
their Additional Protocols. 
SEC. S. Protective Use by Hospitals and Other Civilian Medical Units and Transports. - The 
Department of Health (DOH) and Local Government Units (LGUs) exercising supervision and control over 
hospitals and other civilian medical units, civilian medical personnel, civilian medical transports assigned 
in particular to the transport and treatment of the wounded, sick and shipwrecked, shall authorize their 
marking by the Red Cross emblem used as a protective device in time of armed conflict, in consultation 
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with the Philippine Red Cross (PRe). In this regard, the DOH shall coordinate and work together with the 
DND which may, if necessary, give advice and assistance. 
Civilian medical and religious personnel attached to hospitals and other medical units shall wear 
armlets and carry identity cards displaying the Red Cross emblem. These armlets and identify cards shall 
be issued by the DOH. 
SEC. 6. Protective Use by the Philippine Red Cross. - The PRC shall be 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 of the distinctive emblems recognized by, 
and enjoying equal status, under the 1949 Geneva Conventions and their Additional Protocols. 
Such personnel shall wear armlets and carry identity cards displaying the Red Cross emblem. 
These armlets and identity cards shall be issued by the DND. 
The PRC may be authorized to use the emblem as a protective device for its medical personnel 
and medical units in accordance with Section 5 of this Act. 
SEC. 7. Indicative Use by the Philippine Red Cross and National Societies. -
The PRC is 
authorized to use the emblem as an indicative device. It may, in exceptional circumstances as 
determined by the PRC, 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 PRC, be entitled to their emblem. 
SEC. 8. Use by the International 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 Red Cross or the Red Crescent emblems at any 
time and for all their activities. 
The International Committee ofthe 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 emblem in 
exceptional circumstances and to facilitate their work. 
PART 3 
CONTROL AND PENALTIES 
SEC. 9. Control Measure and Enforcement. - The DND, the DOH and the Department rade and 
Industry (DTI) shall at all times ensure strict compliance with the rules governing the use of th emblems 
of the Red Cross, the Red Crescent, and the Red Crystal; the name "Red Cross," "Red Crescen ," or "Red 
Crystal" or their translation in any official language and dialect or the distinctive Signals. 
hey shall 
exercise strict control over their respective personnel authorized to use the said emblems, ames and 
signals. 
They shall take every appropriate step to prevent misuse, in particular by the dissem nating the 
rules on their usage as widely as possible, among the armed forces, the police f rces, the 
instrumentalities of the State and the civilian population. They shall likewise issue inst uctions to 
national, civilian and military authorities on the use of the distinctive emblem in accordanc with the 
1949 Geneva Conventions and their Additional Protocols and by providing appropriate sanctions in cases 
of misuse. 
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SEC. 10. Role of the Philippine Red Cross. - The PRC shall cooperate with the DND, the DOH and 
the DTI in their efforts to prevent and repress any misuse. It shall be entitled to information on 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 as Indicative 
Device in Peacetime and in Times of Armed Conflict. -
Any person who wilfully, and without 
entitlement, make use of the Red Cross, Red Crescent, or Red Crystal emblem; the words "Red Cross," 
"Red Crescent," and "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; as well as 
any person who has displayed the said emblems or words on signs, posters, announcements, leaflets or 
commercial documents, or has affixed them to goods or packaging, or has sold, offered for sale or 
placed in circulation goods thus marked shall be punished by arresto mayor, and a fine of not less than 
Twenty Thousand Pesos (P20, 000.00) but not more than Forty Thousand Pesos (P40,000.00) at the 
discretion of the court. 
If the misuse is committed by a partnership, corporation, association or any juridical entity, the 
partner, president, director, manager, trustee, estate administrator or officer who consents to or 
knowingly tolerates such misuse shall be held criminally liable as a co-principal. If the person convicted is 
a foreigner, he or she may be ordered deported and blacklisted after serving his or her sentence. 
In addition, the court may order the forfeiture in favor of the PRC of any proceeds, or property 
or assets upon which an emblem, designation, design, wording or sign was used directly or indirectly in 
violation of this Act, without prejudice to the rights of bona fide third parties. 
SEC. 12. Misuse of the Red Cross, the Red Crescent, or the Red Crystal Emblem as Protective 
Device in Times of Armed Conflict. - (a) Any person who wilfully 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. If the act results in the death of an adversary, the penalty shall 
be reclusion perpetua and a fine of not less than Two Hundred Thousand Pesos (P200,000.00) but not 
more than Five Hundred Thousand Pesos (PSOO,OOO.OO) at the discretion of the court, or reclusion 
temporal and a fine of not less than One Hundred Thousand Pesos (Pl00,000.00) but not more than Two 
Hundred Thousand Pesos (P200,000.00) 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, the Red Crescent, or the 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 prison correctional and a fine of not less than Fifty Thousand Pesos (PSO,OOO.OO) but not 
more than One Hundred Thousand Pesos (100,000.00) 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. 
(b) Any person who, in time of armed conflict and without entitlement, has wilfully used the Red 
Cross, Red Crescent or the Red Crystal emblem, or a distinctive Signal or any other sign or signal which 
constitutes an imitation thereof or which might lead to confusion, shall be punished by prison 
correctional in its medium period and a fine of not less than Forty Thousand Pesos (P40,000.00) but not 
more than Eighty Thousand Pesos (P80,000.00) at the discretion of the court. 
If the misuse is committed by a partnership, corporation, association or any juridical entity, the 
partner, preSident, director, manager, trustee, estate administrator or officer who consents to or 
knOWingly tolerates such misuse shall be held criminally liable as a co-principal. If the person convicted is 
a foreigner, he or she may be ordered deported and blacklisted after serving his or her sentence. 
In addition, the court may order the forfeiture in favour of the PRe of any proceeds, or property 
or assets upon which an emblem, designation, design, wording or sign was used directly or indirectly in 
violation of this Act, including any identity cards, insignia or uniforms used in connection therewith. 
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SEC. 13 Interim Measures. - The DND, the DTI and the DOH 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 Red Cross, Red Crescent or the Red Crystal emblem or the words "Red Cross," "Red 
Crescent," or "Red Crystal", or their translation in any official language and dialect at the expense of the 
offender 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 8 
December 2005 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 1949 Geneva Conventions and 
their Additional Protocols: 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 the Red Crystal emblem, 
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 same and 
withdraw from the market any and all products bearing the same within two (2) months from the 
promulgation of this Act. 
Objects, materials and products above mentioned shall be disposed of by the PRC accordingly. 
SEC. 14. Prohibition on the Use and Registration of Tradenames, Trademarks, Etc. - Trade 
names, trademarks, service marks, collective marks, other marks of ownership, utility models and 
industrial designs making use of the emblem of the Red Cross, the Red Crescent, or the Red Crystal 
emblem, or of the words "Red Cross," "Red Crescent," or "Red Crystal" or their translation in any official 
language and dialect cannot be used or registered. 
PART 4 
RELATIONSHIP WITH OTHER LAWS 
SEC. 15. Relationship with the Constitution. - This Act shall supplement the Constitution, 
especially its Bill of Rights, its relevant provisions on international law and human rights and 
jurisprudence thereon. 
SEC. 16. Relationship with International Law. - In the application and interpretation of this 
statute, the 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 and II and the 
Additional Protocol III; 
(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 ofthe Red Cross and Red Crescent; 
(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 
(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. 
SEC. 17. Relationship with the Revised Penal Code and Other Relevant Laws. - The Revised 
Penal Code shall be suppletory to this statute for purposes of criminal investigation, prosecution and 
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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 shall be 
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. 
SEC. 18. Relationship with the Revised Rules on Criminal Procedure. - The Revised Rules of 
Criminal Procedure shall be suppletory to this statute as well as the additional special rules of criminal 
procedures as may be formulated by the Supreme Court for the investigation, prosecution and trial of 
crimes under this statute. 
SEC. 19. Relationship with the Intellectual Property Code, the Corporation Code and the 
Department of Trade and Industry's Rules and Regulations. - The Intellectual Property Code, the 
Corporation Code and the DTI's rules and regulations shall be suppletory to this statute for purposes of 
registration of partnerships, corporations, associations and other juridical entities; and tradenames, 
trademarks, service marks, collective marks, other marks of ownership, utility models and industrial 
deSigns making use of the emblem of the Red Cross, the Red Crescent, or the 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. 
PART 5 
FINAL PROVISIONS 
SEC. 20. Implementing Rules and Regulations. - The DND, the DOH and the DTI, in consultation 
with the PRC shall adopt the implementing rules and regulations (IRR) within five (5) months after the 
effectivity of this Act. 
SEC. 21. Suppletory Effect. - This Act shall be suppletory to other international humanitarian 
laws as may be promulgated by Congress. 
SEC. 22. 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. 
SEC. 23. 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 and 
modified accordingly. 
SEC. 24. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the 
Official Gazette or in any newspaper of general circulation. 
Approved, 
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