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pure, SEP 1 8 2019
TIME;

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. __ 4675

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

EXPLANATORY NOTE

As a manifestation of support to this timely piece of legislation, this representation
respectfully refiles this bill, which has constantly been receiving support from the
past and present Congress.

The proposed measure aims to expand the coverage of Republic Act no. 8491,
otherwise known as the Flag and Heraldic Code of the Philippines.

RA 8491 provides for a way of honoring Filipinos who have died for the country
and those who have rendered distinguished service for the nation. Despite the
noble purpose of RA 8491, this representation shares the sentiments of other
members of the house that there is a need to revisit certain sections of the said
law - especially sections pertaining to the process of determining who are eligible
to receive such honor and privilege. The current procedure is lacking in such a way
that it is highly biased to, first, former military members and war veterans, and
second, to those deemed qualified by local government units. While this
representation does not claim that there are abuses pertaining to this procedure in
the past, it is the belief of this representation that providing for improvements that
will ensure integrity, protection form biases, and faithful abidance to the
fundamental principles of RA 8491 will be for the strengthening of the promotion
of nationalism, patriotism, and dedication among the Filipinos. As such, the
proposed measure seeks to broaden the enumeration provided under Sec. 24 of
the Flag and Heraldic Code of the Philippines, while at the same time providing a
clear direction as to who are mandatorily or discretionarily entitled to the privilege.

In this light, the passage of this measure is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4675
HOUSE BILL NO.

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

AN ACT AMENDING SECTION 24 OF REPUBLIC ACT NO. 8491, OTHERWISE
KNOWN AS THE FLAG AND HERALDIC CODE OF THE PHILIPPINES

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

SECTION 1. Section 24, Chapter I (E), of Republic Act No. 8491 is hereby
amended to read as follows:

Section 24. The flag may be used to cover the caskets of the honored dead-ef the
r 5 He 7 i + it who have
rendered distinguished service to the nation.

- In such cases, the flag shall be placed such that the
white triangle shall be at the head and the blue portion shall cover the right side of
the caskets. AT THE INTERMENT, (t)he flag shall not be lowered to the grave or
allowed to touch the ground, but shall be folded solemnly, PLACED IN A
RECTANGULAR FLAG CASE, and handed over to the heirs of the deceased. THE
RECTANGULAR FLAG CASE TO WHICH THE FLAG IS ENCLOSED MAY BE
PLACED BY THE HEIRS OF THE DECEASED IN THE APPROPRIATE AREA OF
THEIR RESIDENCE, OR FORMER OFFICE OF THE HONORED DEAD.

a. THE FLAG, AS COVER TO THE CASKET, SHALL BE MANDATORY
FORTHE FOLLOWING:

i. INCUMBENT AND PAST PRESIDENTS AND VICE PRESIDENTS
OFTHE REPUBLIC OF THE PHILIPPINES;
ii, INCUMBENT MEMBERS OF THE SENATE HOUSE
OFREPRESENTATIVES, AND CONSTITUTIONAL BODIES;
iii, INCUMBENT JUSTICES OF THE SUPREME COURT, COURT OF
APPEALS, SANDIGANBAYAN, AND THE COURT OF TAX APPEALS;
iv. INCUMBENT CABINET MEMBERS OR OFFICERS OF SIMILAR OR
EQUIVALENT RANK;
v. INCUMBENT MEMBERS OF THE DIPLOMATIC CORPS;
vi. INCUMBENT GOVERNORS, VICE GOVERNORS, MEMBERS OFTHE
PROVINCIAL BOARD, MAYORS, VICE MAYORS, ANDMEMBERS
OF THE MUNICIPAL OR CITY BOARD;
vii. INCUMBENT BARANGAY CHAIRPERSONS AND SANGGUNIANG
KABATAAN CHAIRPERSONS;


viii.

x
xi.

b. THE

NATIONAL SCIENTISTS OR PAMBANSANG ALAGAD NG
AGHAMNG PILIPINAS AS DEFINED UNDER PRESIDENTIAL
DECREE NO.1003-A (DATED DECEMBER 16, 1976);

WAR VETERANS;

MILITARY VETERANS;

NATIONAL ARTISTS AND RECIPIENTS OF OTHER AWARDS
BEING IMPLEMENTED AND ADMINISTERED BY THE NATIONAL
COMMISSION FOR CULTURE AND THE ARTS, SUCH AS, BUT NOT
LIMITED TO, RECIPIENTS OF GAWAD MANLILIKHA NG BAYAN
AND PHILIPPINE HERITAGE AWARD AS PROVIDEDUNDER
REPUBLIC ACT NO. 7355;

MEMBERS OF THE ARMED FORCES OF THE PHILIPPINES
ANDTHE PHILIPPINE NATIONAL POLICE WHO ARE ON ACTIVE
DUTY;

INCUMBENT CAREER EXECUTIVE OFFICIALS; AND

ATHLETES WHO HAVE WON IN INTERNATIONAL SPORTS
COMPETITIONS.

FLAG, AS COVER TO THE CASKET, SHALL BE

DISCRETIONARYFOR THE FOLLOWING:

FORMER MEMBERS OF THE SENATE, HOUSE OF
REPRESENTATIVES, AND CONSTITUTIONAL BODIES;

RETIRED JUSTICES OF THE SUPREME COURT, COURT
OFAPPEALS, SANDIGANBAYAN, AND THE COURT OF TAX
APPEALS;

INCUMBENT AND RETIRED JUDGES OF THE REGIONAL TRIAL
COURTS, MUNICIPAL TRIAL COURTS, METROPOLITAN
TRIALCOURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS;
FORMER GOVERNORS. VICE GOVERNORS. MEMBERS OF
THEPROVINCIAL BOARD, MAYORS, VICE MAYORS, AND
MEMBERSOF THE MUNICIPAL OR CITY BOARD;

RETIRED MEMBERS OF THE DIPLOMATIC CORPS, OR
FORMERAMBASSADORS OR CONSUL GENERALS;

FORMER CABINET MEMBERS OR OFFICERS OF SIMILAR OR
EQUIVALENT RANK;

RETIRED CAREER EXECUTIVE OFFICIALS;

FORMER BARANGAY CHAIRPERSONS AND SANGGUNIANG
KABATAAN CHAIRPERSONS;

INCUMBENT OR FORMER PRESIDENTS OF STATE UNIVERSITIES
AND COLLEGES;

TEACHERS AND PROFESSORS, WHETHER ACTIVE OR RETIRED,
IN THE PUBLIC SCHOOLS OR GOVERNMENT RECOGNIZED
PRIVATE SCHOOLS;

BONA FIDE MEMBERS OF THE MEDIA, AS CERTIFIED BY
THELEGITIMATE MEDIA ORGANIZATION TO WHICH THE
MEDIAPRACTITIONER IS A MEMBER;

ATHLETES WHO REPRESENTED THE COUNTRY
ININTERNATIONAL COMPETITIONS;

FILIPINOS, WHETHER RESIDING IN THE COUNTRY OR
ABROAD,WHO HAVE RECEIVED AWARDS AND/OR
RECOGNITIONS FROM INTERNATIONALLY RECOGNIZED
AWARD GIVING BODIES FOR THEIR COMMENDABLE SERVICE


TO THE COMMUNITY OR TOTHEIR CONTRIBUTION TO SOCIETY;
AND

xiv. CIVILIANS WHO LOST THEIR LIVES WHILE GIVING AID OR
ASSISTANCE IN TIMES OF CALAMITY, NATIONAL EMERGENCY,
OR TO PERSON/S IN SERIOUS NEED.

THE FLAG TO BE USED AS COVER FOR THE CASKET, AS WELL AS THE
RECTANGULAR FLAG CASE OF THOSE HONORED DEAD UNDER PARAGRAPH
(A), SHALL BE PROVIDED BY THE GOVERNMENT OFFICE TO WHICH THE
DECEDENT HAD PREVIOUSLY SERVED. THOSE UNDER PARAGRAPH (B)
SHALL BE PROVIDED BY THE FAMILY OF THE DECEDENT.

SEC. 2. Implementing Rules and Regulations. - Within ninety (90) days from
the approval of this Act, the National Historical Commission of the Philippines and
the National Commission for Culture and the Arts shall formulate the implementing
rules and regulations implementing the provisions of this Act.

SEC. 3. Repealing Clause. - All laws, decrees, executive orders and issuances,
proclamations, rules and regulations, and other issuances or parts thereof that are
inconsistent with the provisions of this Act are hereby repealed or modified

accordingly.

SEC. 4. Separability Clause. - If any provision or part of this Act is declared
invalid or unconstitutional, the remaining parts or provisions not affected shall
continue to be in full force and effect.

SEC. 7. Effectivity. - This Act shall take effect fifteen (15) days after its
Publication in the Official Gazette or in a newspaper of general circulation.

Approved,