{ OUST OF RI
i RECEIVED

DaTe: 30 Jun 2019

TINE: 20

REGISTRATION UNIT
BILLS AND iNDEX SERVICE

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

683

HOUSE BILL NO.

Introduced by: REP. RAUL V. DEL MAR

EXPLANATORY NOTE

Oftentimes, criminals facilitate the commission of their crimes by wearing the
uniforms of the Armed Forces of the Philippines and the Philippine National Police.
This misrepresentation has also caused damage to the reputation of the military and
the police.

The use of military and/or police uniforms and accessories has been
prohibited under special law and the revised Penal Code of the Philippines. Republic
Act No. 493 regulates the wearing, using, manufacturing and selling of insignias,
decorations and medals, badges, patches and identification cards prescribed for the
AFP and Philippine Constabulary, now the Philippine National Police, by persons not
in the service. Article 179 of the revised Penal Code provides that any person who
publicly and improperly makes use of insignia, uniforms or dress pertaining to an
office not held by such person or to class of persons of which he is not a member
shall be penalized by arresto mayor. Further, Article 177 prohibits any person to
falsely represent himself as officer, agent or representative of any department or
agency of the Philippine Government. Despite these legal prohibitions, criminal
syndicates and individuals have not been deterred in using military or police
uniforms in their unlawful and illegal activities. The prohibition under Republic Act
No. 493 does not cover the use and wearing of military/police uniforms as well as the
manufacture and sale of military/police uniforms and the textile for these uniforms.
Article 179 of the Revised Penal Code of the Philippines is universal to all
departments of agencies of the Philippine Government. Moreover, the penalties
provided by these laws are perceived to be light.



Furthermore, many civilians can be seen wearing what resembles “military or
police” uniform in public. In the recent past, the “military look” became fashionable
that several imitations of the military uniforms were sold commercially and were
often prominently displayed in department stores. Unauthorized persons have taken
advantage of the proliferation of imitations of uniforms bearing close resemblance to
the official military and police uniforms to falsely represent themselves as members
of the AFP or the PNP.

This measure therefore seeks to amend Republic Act No. 493 to provide a
strong and effective deterrent to crimes associated with the illegal use of AFP and
PNP uniforms by including in coverage of the prohibition the use and wearing of
military and police or imitations thereof, as well as the manufacture and sale of
military/police uniforms or imitations thereof and the textile for these uniforms.
Stiffer penalty against individuals unlawfully wearing AFP and PNP uniforms has also
been provided.

In view of the foregoing, approval of the proposed measure is earnestly
requested.

RAUL V. DEL MAI


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

683

Introduced by: REP. RAUL V. DEL MAR

AN ACT
AMENDING REPUBLIC ACT NUMBERED FOUR HUNDRED NINETY THREE (RA 493) TO
INCLUDE IN THE COVERAGE OF PROHIBITION THE USE, WEARING MANUFACTURE
AND SALE OF UNIFORMS AND TEXTILE OF UNIFORMS OF THE MEMBERS OF THE
ARMED FORCES OF THE PHILIPPINES AND THE PHILIPPINE NATIONAL POLICE,
PRESCRIBING HEAVIER PENALTY FOR VIOLATION THEREOF, AND FOR OTHER
PURPOSES

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Hereafter, it shall be unlawful for any or association of persons
not in the service of the Armed Forces of the Philippines or the PHILIPPINE NATIONAL
POLICE to use or confer upon himself or another who is not in the service of the said
Armed Forces or NATIONAL POLICE, any military, POLICE or naval grade or title to
which is, or may hereafter be, prescribed by laws and regulations for the use of the
Armed Forces or NATIONAL POLICE. Provided, That the foregoing shall not be
construed as prohibiting the use of such military, POLICE or naval grades or title by

personnel or persons now authorized by law and by following persons:


(a) All veterans of any war when recognized by the Philippines or United
States Government and only for the ranks of which they are recognized;

(b) Commissioned officers and personnel, retired or in active duty of the
PHILIPPINE COAST GUARD, of the quarantine services and the customs service;

{c) Commissioned and enlisted reservists including organized guerilla officers
‘on inactive status when using their authorized grades for purely military or police
purpose;

(d) Trainees in the Armed Forces OR IN THE NATIONAL POLICE while
undergoing any period of trainee instruction pursuant to law.

SEC. 2. Hereafter, it shall be unlawful for any person not in the service of the
Armed Forces of the Philippines OR THE PHILIPPINE NATIONAL POLICE, except those
excluded from the prohibition in Section 1 of this Act, to use or wear the duly
prescribe insignia, UNIFORM, badge or emblem of rank of the members of the Armed
Forces of the Philippines or the PHILIPPINE NATIONAL POLICE, or any colorable
imitation thereof: Provided, That foregoing shall not be construed as prohibiting any
person from using or wearing any military, POLICE or naval insignia, UNIFORM, badge
‘or emblem of rank in any play-house or theater or in moving naval character not
tending to bring discredit or reproach upon the Armed Forces of the Philippines, the
PHILIPPINE NATIONAL POLICE or the PHILIPPINE COAST GUARD: Provided further,
That the use or wearing of any military, POLICE or naval insignia, POLICE, or naval
character as herein above described, shall be subject to supervision and regulation
by the SECRETARY OF NATIONAL DEFENSE FOR THE MEMBERS OF THE ARMED
FORCES OF THE PHILIPPINES OR THE SECRETARY OF THE INTERIOR AND LOCAL
GOVERNMENT FOR THE MEMBERS OF THE PHILIPPINE NATIONAL POLICE. The
phrase, “duly prescribe insignia, UNIFORM, badge or emblem of rank”, shall, for the
purpose of this Act, mean any insignia, UNIFORM, badge or emblem of rank which is,
or may hereafter be, prescribed by Congress, THE SECRETARY OF NATIONAL DEFENSE
FOR THE ARMED FORCES OF THE PHILIPPINES OR THE SECRETARY OF INTERIOR OR
LOCAL GOVERNMENT FOR THE PHILIPPINE NATIONAL POLICE.


SEC. 3. Hereafter the use, wearing, manufacture and sale of any medal or
decoration, badge, insignia, UNIFORM, TEXTILE FOR SAID UNIFORM, patch or
identification card which has been, or may hereafter be, authorized by Congress or
prescribed or awarded by the President of the Philippines, or the Secretary of
National Defense for the members of the Armed Forces of the Philippines, OR THE
SECRETARY OF INTERIOR AND LOCAL GOVERNMENT FOR THE MEMBERS OF THE
PHILIPPINE NATIONAL POLICE, or any colorable imitation thereof, is prohibited
except when authorized under such regulations as the Secretary of National Defense
or the SECRETARY OF INTERIOR AND LOCAL GOVERNMENT SHALL PRESCRIBE AS THE
CASE MAYBE.

SEC. 4. Any person who confers upon himself or another any military, police
or naval grade or title in violation of Section 1 of this Act shall, upon conviction, be
punished by A FINE OR NOT LESS THAN TEN THOUSAND AND NOT EXCEEDING
TWENTY THOUSAND PESOS OR BY IMPRISONMENT OF NOT LESS THAN FIVE (5)
YEARS AND NOT EXCEEDING TEN (10) YEARS, OR BOTH AT THE DISCRETION OF THE
COURT.

Any person who violated any other provision of this Act shall, upon conviction,
be punished by A FINE OF NOT LESS THAN FIVE THOUSAND (P5,000) PESOS AND NOT
EXCEEDING TEN THOUSAND (P10,000) PESOS OR BY IMPRISONMENT OF NOT LESS
THAN TWO (2) YEARS AND NOT EXCEEDING FIVE (5) YEARS, OR BOTH. In case the
violation is committed by a corporation, the manager and all the members of the
board of directors or governing body thereof shall be liable individually in accordance
with this section.

SEC. 5. Implementing Rules and Regulations. — The Secretaries of the
Departments of National Defense and the Interior and Local Government shall revise
and promulgate the Rules and Regulations necessary to ensure the effective

implementations of the Republic Act No, 492 as amended by this Act.


SEC. 6. Separabilty Clause. ~ If any portion or provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions not affected thereby.

SEC. 7. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations and other issuances or parts thereof which are inconsistent with the
provisions of this Act, are hereby repealed, amended or modified accordingly.

SEC. 8. Effectivity. - This Act shall take effect AFTER FIFTEEN (15) DAYS
FOLLOWING ITS PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION OR IN
THE OFFICIAL GAZETTE.

Approved,