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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
SENATE BILL NO. 2572 
.-", >'.1 
Introduced by Senator FERDINAND R. MARCOS, JR. 
EXPLANATORY NOTE 
The Geneva Conventions of 1949 and their additional Protocols are international 
treaties which protect people who are not taking part in armed conflicts, such as civilians, 
health workers and aid workers, and those who are no longer participating in such hostilities, 
like the wounded, sick. and prisoners of war. 
These international treaties strictly govern the use of the Red Cross and Red Crescent 
emblems which are universally recognized symbols of assistance for victims of armed conflicts 
and natural disasters. They symbolize strict neutrality of humanitarian work. 
There are 194 countries which ratified the Geneva Conventions of August 12, 1949. 
The Philippines ratified the said Convention in 1952. 
This bill seeks to define the use and protection of the Red Cross, Red Crescent, Red 
Crystal and Red Lion and Sun Emblem as recognized emblems to protect humanitarian 
workers, vehicles and medical facilities in times of armed conflict. 
This bill proposes that 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, use the Red Cross to identify its medical personnel, medical units and 
transports on the ground, sea and air. The Department of Health (DOH), exercising control 
over hospitals, civilian medical personnel, civilian and civilian medical transports assigned in 
particular to the transport and treatment of the wounded, the sick and the shipwrecked, shall 
authorize the marking of the Red Cross emblem used as a protective device in time of armed 
conflict, in consultation with the Philippine Red Cross (PRC). 
This legislative measure likewise proposes to impose penalties in case of misuse of the 
Red Cross, the Red Crescent, the Red Crystal or the Red Lion and Sun Emblem as Indicative 
Device in peacetime and in times of armed conflict, and as Protective Device in times of armed 
conflict. 
In view of the foregoing, the approval of this bill is therefore most earnestly sought. 
FERDINAN 
R. M~RCOS, JR. 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
SENATE BILL NO. 2572 
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, 
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Introduced by Senator FERDINAND R. MARCOS, JR. 
AN ACT DEFINING THE USE AND PROTECTION OF THE'uI}ED CROSS, RED CRESCENT, 
RED CRYSTAL AND RED LION AND SUN EMBLEMs;'p,pVIDING PENALTIES FOR 
VIOLATIONS THEREOF AND FOR PTHER PURPOSES. 
Be it enacted by the Senate and 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 2010." 
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 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 war victims. 
(d) The misuse of the Red Cross, Red Crescent, Red Crystal and Red Lion and Sun 
emblems and of the words "Red Cross," "Red Crescent," "Red Crystal" and "Red 
Lion and Sun" 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. 
SECTION 3. Definition of Term. - 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 Geneva Conventions of 12 August 1949 and 
their Additional 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. 
(b) "Distinctive signals" means any of the distinctive signals specified in Chapter III of 
Annex I to the Protocol Additional to the Geneva Conventions of 12 August 1949, 
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. 


It· 
(c) "Emblem" means the Red Cross, Red Crescent, Red Crystal and Red Lion and Sun 
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 and Red 
Crescent. 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 lalter 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 I to the Geneva Conventions. 
G) "Red Lion and Sun," when used to signify a heraldic emblem, means an emblem 
depicting a red lion passing from right to left, completely surrounded by a white 
background, with its face turned towards the observer, holding erect in its raised 
right forepaw a scimitar, with the upper half of the sun shooting forth rays appearing 
above the lion's back, as illustrated in Article 4, Chapter IV of Annex I of the 
Additional Protocol I to the Geneva Conventions. 
PART 2 
RULES IN THE USE OF THE RED CROSS, THE RED CRESCENT, 
THE RED CRYSTAL AND THE RED LION AND SUN EMBLEMS 
SECTION 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, use the Red Cross to identify its medical personnel, medical units and 
transports on the ground, sea and air. 
Medical personnel of the 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 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 emblems, 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. 


SECTION 5. Protective Use by Hospitals and Other Civilian Medical Units. - The 
Department of Health (DOH), exercising control over hospitals, civilian medical personnel, 
civilian and civilian medical transports assigned in particular to the transport and treatment of 
the wounded, the sick and the shipwrecked, shall authorize the marking of the Red Cross 
emblem used as a protective device in time of armed conflict, in consultation with the 
Philippine Red Cross (PRC). In this regard, the DOH shall coordinate and work together with 
the DND which may, if necessary, give advice and assistance. The DND shall authorize 
medical personnel, units and transports of uniformed personnel in government other than the 
armed forces to be marked with the emblem used as a protective device in time of armed 
conflict. 
Civilian medical personnel shall wear armlets and carry identity cards displaying the 
Red Cross emblem. These armlets and identify cards shall be issued by the DOH. 
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. 
SECTION 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 armed forces. 
Such personnel, units and transportation shall b~ subject to military security 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. 
, 
SECTION 7. Indicative Use by the Philippine Red Cross and National Societies. -
The PRC is authorized to use the emblem as an indicative device. In 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 use the emblem under the same 
conditions. 
SECTION 8. Indicative 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 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 emblem in exceptional circumstances and to facilitate their work. 
PART 3 
CONTROL AND PENALTIES 
SECTION 9. Control Measure and Enforcement. - The DND, the DOH and the DTI 
shall at all times ensure strict compliance with the rules governing the use of the emblems of 
the Red Cross, the Red Crescent, the Red Crystal and the Red Lion and Sun; the name "Red 
Cross," "Red Crescent," "Red Crystal" or "Red Lion and Sun," 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 the 
disseminating the rules on their usage 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 1949 Geneva Conventions and their Additional Protocols and 
by providing appropriate sanctions in cases of misuse. ' 
SECTION 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, 
SECTION 11. Misuse of the Red Cross, the Red Crescent, the Red Crystal or the 
Red Lion and Sun 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, Red Crystal or Red Lion and Sun emblem; the words "Red Cross," "Red Crescent," 
"Red Crystal" and "Red Lion and Sun," 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 ha's 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 favour 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. 
SECTION 12. Misuse of the Red Cross, the Red Crescent, the Red Crystal or the 
Red Lion and Sun 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, Red Crystal or Red Lion and Sun 
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 p~nalty 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 (P500,000.00) at the discretion of the court, or reclusion 
temporal and a fine not less than one hundred thousand pesos (P100,000.00) 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, the Red Crystal or the Red 
Lion and Sun 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 (P50,000.00) but not more than one hundred 
thousand pesos (100,000.00) at the discretion 9f the court. 
The court may also impose the corresponding accessory penalties under the 
Revised Penal Code, especially where the offen.der 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 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,OOO.OO) but not more than eighty thousand pesos 
(P80,OOO.OO) 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 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, including any identity cards, 
insignia or uniforms used in connection therewith. 
SECTION 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 Lion and 
Sun emblem or the words "Red Cross," "Red Crescent," "Red Crystal" or "Red Lion and Sun," 
or their translation in any official language and dialect at the expense of the instigator of the 
crime 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 the adoption of Additional Protocol III (Adoption of an Additional Distinctive 
Emblem) 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, the Red Crystal or 
the Red Lion and Sun emblem, or the words "Red Cross," "Red Crescent," "Red Crystal" or 
"Red Lion and Sun," 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. 
SECTION 14. Prohibition on the Registration of Partnership, Corporation, 
Association and Other Juridical Entity and Tradenames, Trademarks, Etc. -
The 
Securities and Exchange Commission, the Intellectual Property Office and the DTI shall refuse, 
respectively, the registration of a partnership, corporation, association and other juridical entity; 
the registration of 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, the Red Crystal or the Red Lion and Sun emblem, and of the words "Red 
Cross," "Red Crescent," "Red Crystal" or "Red Lion and Sun," or their translation in any official 
language and dialect in violation of this Act. 
PART 4 
RELATIONSHIP WITH OTHER LAWS 
SECTION 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. 


• 
SECTION 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 of the 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. 
SECTION 17. Relationship with the RevisE1d Penal Code and Other Relevant 
Laws.- The Revised Penal Code shall be suppletory 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 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. 
SECTION 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. 
SECTION 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 DTl'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, the Red Crystal or the Red Lion and Sun 
emblem, and of the words "Red Cross," "Red Crescent," "Red Crystal" or "Red Lion and Sun," 
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 
SECTION 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. 
SECTION 21. Suppletory Effect. - This Act shall be suppletory to other international 
humanitarian laws as may be promulgated by Congress. 
SECTION 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. 


• 
. 
SECTION 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. 
SECTION 24. Effectivity. -
This Act shall take effect fifteen (15) days after its 
publication in any newspaper of general circulation. 
Approved,