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RECEIVED
01 JUL 2013

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

QR
HOUSE BILL NO. 368

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 Pulice.
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,
Gecorations and medals, badges, patches and identification cards proscribed for the

in their unlawful and illegal activities. The prohibition under Republic Act No. 493
does not cover the use and wearing of miltary/police uniforms as well a6 the
Manufacture and sale of miltary/police uniforms and the textile for these uniforms.
Article 179 of the Revised Penal Code of the Philippines is universal toil
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 ‘miltary look" became fashioncble
that several imitations of the military uniforms were sold commercially and wore often
prominently displayed in department stores. Unauthorized persons have taken
advantage of the proliferation of imitations of uniforms bearing close resemblanee te


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

=f V. DEL MAR


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

368

HOUSE BILL NO.

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

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:

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

(6) 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 (6) 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 shalll 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,