,}\ 
FIFTEENTH CONGRESS OF THE 
) 
OFf:~C'\1 - ~~" ", 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
S. ~o. 
62 
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 29th 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 III. 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 Ines Luciano with the 
technical assistance of the International Committee of the Red Cross. 
The approval of this bill is therefore most earnestly sought. 
N MIGUEL F. ZUBIRI 


FifTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
I 
' 
S.No. 
62 
Introduced by Senator JUAN MIGUEL F. ZUBIRI 
AN ACT 
DEFINING THE USE AND PROTECTION 
OFTHEREDCROSS,REDCRESCENTAND 
RED CRYSTAL EMBLEMS 
, 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled. 
1 
2 
3 
CHAPTER I 
PRELIMINARY PROVISIONS 
4 
Section 1. Short Title. This Act shall be known as "The Red Cross and Other 
5 
Related Emblems Bill." 
6 
7 
Section 2. Declaration of Principles and State Policies. 
8 
a) The Philippines renounces war as an instrument of national policy, adopts 
9 
the generally accepted principles of international law as part of the law of the land 
10 
and adheres to a policy of peace, justice, freedom, cooperation, and amity with all 
11 
nations. 
12 
b) The State adopts the provisions of the Hague Conventions and the 1949 
13 
Geneva Conventions and their Protocols insofar as they have been ratified or have 
14 
become part of generally accepted principles of internationallaw. 
15 
c) The misuse of the red cross, red crescent or red crystal emblem and of the 
16 
words "Red Cross", "Red Crescent" or "Red Crystal" or their translation in any official 
17 
language and dialect shall not go unpunished. 
Their effective prosecution shall be 
18 
ensured by taking measures at the nationalleve!. 
19 
20 
Section 3. Definition of Terms: 
21 
(1) AFP means the Armed Forces of the Philippines; 
22 
(2) DND means the Department of National Defense; 
1 


1 
(3) DOH means the Department of Health; 
2 
(4) DTI means Department of Trade and Industry; 
3 
(5) Emblems means the Red Cross, Red Crescent and Red Crystal Emblems; 
4 
(6) LGU means Local Government Unit; 
5 
(7) PNRC means Philippine National Red Cross; 
6 
(8) Red Crescent means; 
7 
(9) Red Cross Emblem means the red Greek cross on a white ground; 
8 
9 
(10) 
Red Crystal Emblem means the third protocol emblem. 
10 
CHAPTER II 
11 
USE OF THE RED CROSS, THE RED CRESCENT AND 
12 
THE RED CRYSTAL EMBLEMS 
13 
Section 4. Use of the Emblems. No person may use the Red Cross, Red 
14 
Crescent, and Red Crystal Emblems, except in cases herein provided. 
15 
16 
Section 5. Protective Use and Indicative Use. 
17 
The protective use of the Emblems is meant to mark medical and religious 
18 
personnel and equipment which must be respected and protected in time of armed 
19 
conflicts. The dimensions of the Emblems shall therefore be as large as possible. 
20 
The indicative use of the Emblems serves to show that persons or objects are 
21 
linked to the International Movement of the Red Cross and Red Crescent and may 
22 
be used both in peacetime and .during armed conflicts. The Emblems shall be small 
23 
in size. 
24 
25 
Section 6. Protective Use by the Medical and Religious Services of the 
26 
Armed Forces of the Philippines. Under the control of the DND, the medical service 
27 
of the AFP shall, both in peacetime and during armed conflict, use the Red Cross 
28 
emblem to identify its medical personnel, medical units and transports on the 
29 
ground, sea and air. 
30 
Medical personnel shall wear armlets and carry identity cards displaying the 
31 
Red Cross emblem. These armlets and identity cards shall be issued exclusively by 
32 
the DND. 
33 
Religious personnel attached to the armed forces shall be afforded the same 
34 
protection as medical personnel and shall likewise be Similarly identified with armlets 
35 
and identity cards. 
36 
Where this may enhance protection, medical and religious personnel attached 
37 
to the AFP may, without prejudice to the use of their present respective emblems, 
2 


1 
make temporary use of any of the other distinctive emblems recognized by, and 
2 
enjoying equal status under the Geneva Conventions and their Additional Protocols. 
3 
4 
Section 7. Protective Use by Hospitals and Other Civilian Medical Units. The 
5 
DOH or the LGU, whichever is exercising control over the hospitals, civilian medical 
6 
personnel, civilian and civilian medical transports, assigned in particular to the 
7 
transportation and treatment of the wounded, sick and shipwrecked, shall be 
8 
authorized to use the Red Cross emblem as a protective. device in time of armed 
9 
conflict, in consultation with the Philippine National Red Cross. 
10 
Civilian medical personnel shall wear armlets and carry identity cards 
11 
displaying the Red Cross emblem. These armlets and identity cards shall be issued 
12 
by the DOH or LGU, as the case may be. 
13 
Civilian religious personnel attached to hospitals and other medical units shall 
14 
be afforded the same protection as medical personnel and shall likewise be similarly 
15 
identified with armlets and identity cards. 
16 
17 
Section 8. Protective Use by the Philippine National Red Cross. 
18 
The PNRC is authorized to place medical personnel and medical units and 
19 
transports at the disposal of the medical service of the armed forces. 
20 
Such personnel, units and transportation shall be subject to military laws and 
21 
regulations and may be authorized by the DND to display as a protective device the 
22 
emblem of the red cross or where this may enhance protection, to make temporary 
23 
use of any other distinctive emblems recognized by, and enjoying equal status, 
24 
under the Geneva Conventions and their Additional Protocols. 
25 
Such personnel shall wear armlets and carry identity cards, in accordance 
26 
with Section 6, paragraph 2 of this Act. 
27 
The PNRC is authorized to use the emblem as a 'protective device for its 
28 
medical personnel and medical units in accordance with Section 7 of this Act. 
29 
30 
Section 9. Indicative Use by the Philippine National Red Cross and National 
31 
Societies. 
32 
The Philippine National Red Cross is authorized to use the emblem as an 
33 
indicative device. It may, in exceptional circumstances and to facilitate its work, 
34 
make temporary use of the Red Crystal Emblem. It shall apply the "Regulations on 
35 
the Use of the Emblem of the Red Cross or the Red Crescent by the National 
36 
Societies." 
3 


1 
National societies of other countries present in the territory of the Republic of 
2 
the Philippines shall, with the consent of the Philippine National Red Cross, be 
3 
entitled to use the emblem under the same conditions. 
4 
5 
Section 10. Indicative Use by the International Organizations of the 
6 
International Red Cross and Red Crescent Movement. The International Committee 
7 
of the Red Cross and the International Federation of Red Cross and Red Crescent 
8 
Societies may make use of the emblems of the Red Cross or the Red Crescent 
9 
Emblems at any time and for all their activities. 
10 
The International Committee of the Red Cross and the International 
11 
Federation of Red Cross and Red Crescent Societies, and their duly authorized 
12 
personnel, may make use of the red crystal in exceptional circumstances and to 
13 
facilitate their work. 
14 
15 
Section 11. Use of the Emblems by other persons authorized by PNRC. In 
16 
accordance with Article 44 of the Geneva Conventions, the PNRC may authorize the 
17 
use of the Red Cross Emblem by institutions whose purpose is not commercial but 
18 
to make known or to promote the activities of PNRC. 
19 
20 
CHAPTER III 
21 
PROHIBITED ACTS AND PENALTIES 
22 
Section 12. Unauthorized and Misuse of any of the Emblems as an Indicative 
23 
Device in Peacetime and In Time of Armed Conflict. 
24 
Any person who, without authority, willfully: 
25 
(1) uses of the red cross, red crescent or red crystal emblem; 
26 
(2) uses the words "Red Cross", "Red Crescent" or "Red Crystal" or their 
27 
translation in any official language and dialect; 
28 
(3) uses a distinctive signal, insignia or any other designation which constitutes 
29 
an imitation of any of the Emblems that will likely cause confusion, mistake 
30 
and/or deception of the general public, irrespective of the purpose of such 
31 
use; 
32 
(4) displays any of the Emblems or words "Red Cross", "Red Crescent" and/or 
33 
"Red Crystal" on signs, posters, announcements, leaflets or commercial 
34 
documents, 
35 
(5) affixes the Emblems and the words "Red Cross", "Red Crescent" and/or "Red 
36 
Crystal" to'goods or packaging, and/or has sells, offers for sale or places in 
37 
circulation goods thus marked; 
4 


1 
shall be punished by imprisonment of not more than one (1) year and/or a fine 
2 
of not less than Twenty Thousand Pesos (P20,000.00). 
3 
In case the violation is committed by a corporation or association, the penalty 
4 
shall be imposed on the persons who committed the crime or ordered the 
5 
commission of the offense. If the person convicted is a foreigner, he may be ordered 
6 
deported upon service of his penalty. 
7 
Any proceeds, property, and other assets used, directly or indirectly in the 
8 
commission of the offense, shall further be forfeited in favor of PNRC, without 
9 
prejudice to the rights of bona fide third parties. 
10 
11 
Section 13. Prohibited and Unauthorized Uses of the Emblems as 
12 
Protective Device in Time of Armed Conflict. 
13 
1) 
Perfidious Use of the Emblems, distinctive signals or designations 
14 
meant to imitate the Emblems, of the words "Red Cross", "Red Crescent", "Red 
15 
Crystal". 
16 
Any person who shall use the Emblems, distinctive signals or deSignations 
17 
meant to imitate the Emblems, words "Red Cross", "Red Crescent", "Red Crystal", to 
18 
appeal to the good faith of the adversary, with the intention to deceive him and make 
19 
him believe that he was entitled to receive or was obliged to confer the protection 
20 
provided for by the rules of intemational humanitarian law shall be guilty of the act of 
21 
Perfidious Use which is punishable with the following penalties: 
22 
(a) 
Imprisonment ranging from twenty (20) years and one (1) day to forty 
23 
(40) years and a fine of not less than Two Hundred Thousand Pesos 
24 
(P200,000.00) shall be imposed if the Perfidious Use resulted to the 
25 
death of an adversary; 
26 
(b) 
Imprisonment ranging from twelve (12) years and one (1) day to twenty 
27 
28 
(20) years and a fine of not less than One Hundred Thousand Pesos 
(Pi00,000.00) 
shall be imposed if the Perfidious Use resulted to 
29 
physical injuries as defined in the Revised Penal Code; 
30 
(e) 
Imprisonment ranging from six (6) years and one (1) day to twelve (12) 
31 
years and a fine of not less than Fifty Thousand Pesos (P50,000.OO) 
32 
shall be imposed if the Perfidious Use did not result to any of the 
33 
abovementioned cases; 
34 
The penalties herein provided are imposable to a:ny person who willfully 
35 
commits the violation and to the person who gave the order to commit such violation. 
36 
The corresponding accessory penalties under the Revised Penal Code shall 
37 
be imposed especially where the offender is a public officer. 
5 


1 
Section 14. Any person who in time of armed conflict willfully uses, without 
2 
authority, the Emblems, distinctive signal or any other signal which constitutes an 
3 
imitation thereof, and the words "Red Cross", "Red Crescent", "Red Crystal" shall be 
4 
punishable by imprisonment ranging from six (6) months to one (1) year and a fine of 
5 
not less than Twenty Thousand Pesos (P20,OOO.OO). 
6 
In case the violation is committed by a corporation or association, the penalty 
7 
shall be imposed on the persons who committed the crime or ordered the 
8 
commission of the crime. 
9 
Any proceeds, property, and other assets used, directly or indirectly in the 
10 
commission of the offense, shall further be forfeited in favor of PNRC. 
11 
12 
Section 15. Use of the White Cross on a Red Ground. 
Owing to the 
13 
confusion which may arise between the arms of Switzerland and the emblem of the 
14 
red cross, the use of the white cross on a red ground or of any other sign 
15 
constituting an imitation thereof, whether as a trademark or commercial mark or as a 
16 
component of such marks, or for a purpose contrary to fair trade, or in circumstances 
17 
likely to wound Swiss national sentiment, is likewise prohibited at all times. Any 
18 
person who shall use such emblem shall be punishable by a fine of not less than 
19 
Twenty Thousand Pesos (P20,OOO.OO). 
20 
21 
Section 16. Interim Measures. The DND, DTI, DOH, DILG and/or LGU shall 
22 
take the necessary interim measures such as order the seizure of objects and 
23 
materials marked in violation of this Act, demand the removal of the Emblems or the 
24 
words "Red Cross" and "Red Crescent" or their translation in any official language 
25 
and dialect at the expense of the instigator of the crime and order the forfeiture or 
26 
destruction of the instruments used for their reproduction. 
27 
Persons making use of the red crystal emblem or of any sign constituting an 
28 
imitation thereof or the words "Red Crystal" or any translation thereof in any official 
29 
language and dialect, prior to the adoption of Additional Protocol III shall be 
30 
permitted to continue such use: Provided, that the use shall not be such as would 
31 
appear, in time of armed conflict, to confer protection under the Geneva Conventions 
32 
and their Additional Protocols; and: Provided further, that such rights were acquired 
33 
prior to the effectivity of this Act. 
34 
Otherwise, persons making use of the red cross, the red crescent or red 
35 
crystal or any sign constituting an imitation thereof or the words "Red Cross", "Red 
36 
Crescent" or "Red Crystal" or their translation in any official language and dialect 
37 
upon entry into force of this Act, shall voluntarily cease and desist from using the 
6 


1 
same and withdraw from the market any and all products bearing the same within 
2 
two (2) months from promulgation of this Act. 
3 
4 
CHAPTER IV 
5 
ROLES OF GOVERNMENT AGENCIES AND THE PNRC 
6 
Section 17. Control Measures and Enforcement. 
The DND, 
DOH, DILG, 
7 
and DTI shall at all times ensure strict compliance with the rules governing the use 
8 
of the emblems of the red cross, the red crescent or the red crystal, the name "Red 
9 
Cross", "Red Crescent" or "Red Crystal" or their translation in any official language 
10 
and dialect or the distinctive signals. They shall exercise strict control over their 
II 
respective personnel authorized to use the said emblems, names and signals. 
12 
They shall take every appropriate step to prevent misuse, in particular by 
13 
disseminating the rules in question as widely as possible among the armed forces, 
14 
the police forces, the instrumentalities of the State and the civilian population. They 
15 
shall likewise issue instructions to national civilian and military authorities on the use 
16 
of the distinctive emblem in accordance with the Geneva Conventions and their 
17 
Additional Protocols and by providing for the necessary administrative and 
18 
disciplinary sanctions in cases of misuse. 
19 
20 
Section 18. Role of the Philippine National Red Cross. 
The Philippine 
21 
National Red Cross shall coordinate with the DND, DOH, DILG, and DTI in their 
22 
efforts to prevent and repress any misuse and unauthorized use of the Emblems. It 
23 
shall be informed of the misuse and authorized use thereof and to participate in 
24 
relevant criminal, civil or administrative proceedings. 
25 
26 
CHAPTER V 
27 
MISCELLANEOUS PROVISIONS 
28 
Section 19. Interpretation. In the application and interpretation of this statute, 
29 
the Philippine courts shall be guided by the following instruments and developments 
30 
in international law: 
31 
a) The 1949 Geneva Conventions I-IV and their 1977 Additional Protocols I & 
32 
II and 2005 Additional Protocol III; 
33 
b) Regulations on the Use of the Emblem of the Red Cross or the Red 
34 
Crescent by the National Societies, as adopted by the 20th International 
35 
Conference of the Red Cross, and subsequent amendments; 
36 
c) Resolution 1 of the 29th International Conference of the Red Cross and 
37 
Red Crescent 
7 


1 
d) International criminal law jurisprudence from the international criminal 
2 
tribunals, specially as may come from the International Criminal Court in 
3 
The Hague; 
4 
e) Relevant and applicable international human rights instruments and 
5 
jurisprudence, mainly from the United Nations system; and 
6 
f) Teachings of the most highly qualified publicists and authoritative 
7 
commentaries on the foregOing sources as subsidiary means for the 
8 
determination of rules of law. 
9 
The Revised Penal Code shall be suppletory to this statute for purposes of 
10 
criminal investigation, prosecution and trial of crimes under this Act. 
For these 
11 
purposes, in case of conflict, this statute shall prevail over the Revised Penal Code. 
12 
The same relationship with this statute applies to the Civil Code of the Philippines 
13 
and special laws of a criminal and/or civil nature, such as on matters of civil liability. 
14 
This Act is without prejudice to the application of the Uniform Rules on 
15 
Administrative Cases in the Civil Service insofar as the administrative liability of a 
16 
public officer is concerned. 
17 
The Revised Rules of Criminal Procedure shall be suppletory to this statute 
18 
and to additional special rules of criminal procedure as may be formulated by the 
19 
Supreme Court for the investigation, prosecution and trial of crimes under this 
20 
statute. 
21 
22 
Section 20. Jurisdiction of the Courts. The Regional Trial Courts or the 
23 
Metropolitan Trial Courts of the Philippines, as the case may be, shall have original 
24 
and exclusive jurisdiction over the crimes punishable under this statute. Their 
25 
judgments may be appealed or elevated to the Court of Appeals and to the Supreme 
26 
Court under the existing system of jurisdiction of Philippine Courts. 
27 
The Supreme Court and the Department of Justice shall ensure that judges, 
28 
prosecutors and investigators receive effective training regarding the crimes 
29 
punishable under this statute. 
30 
31 
Section 21. Implementing Rules and Regulations. The DND, DOH, DILG, 
32 
and DTI in consultation 
with 
the PNRC 
shall 
formulate and adopt the 
33 
Implementing 
Rules 
and 
Regulations (IRR) within 
five 
(5) months upon 
34 
promulgation of this Act. 
35 
36 
Section 22. Repealing Clause. All laws, presidential decrees and issuances, 
37 
executive orders, rules and regulations or parts thereof inconsistent with the 
38 
provisions of this Act are hereby repealed or modified accordingly. 
8 


1 
Section 23. Separability Clause. If, for any reason or reasons, any part or 
2 
provision of this Act shall be held to be unconstitutional or invalid, other parts or 
3 
provisions hereof which are not affected thereby shall continue to be in full force and 
4 
effect. 
5 
6 
Section 24. Suppletory Clause. 
This Act 
shall 
be suppletory to 
7 
additional 
international 
humanitarian 
laws 
as 
may 
be 
promulgated 
by 
8 
Congress. 
9 
10 
Section 25. Effectivity. This Act shall take effect fifteen (15) days after its 
11 
publication in two national newspapers of general circulation. 
12 
13 
Approved, 
9