FOURTEENTH CONGRESS OF THE 
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First Regular Session 
REPUBLIC OF THE PHILIPPINES 
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Introduced by Senator Richard J. Gordon 
EXPLANATORY NOTE 
From its beginnings 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, participating nations unanimously agreed to diminish the evils inherent in 
war by approving the First Geneva Convention. Thus, the Red Cross emblem was 
born - an internationally-recognized emblem purposely used to protect humanitarian 
workers, vehicles and medical facilities in times of armed conflict and violence, and 
to 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 its commitment to participate with the 
nations of the world in mitigating suffering caused by war. It further expressed its 
intent 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 No. 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 111. It has signed but not ratified the 1977 Additional 
Protocol. While the latter 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. 
This bill is a result of collaboration between the PNRC National IHL 
Committee led by Justice Leonor lnes Luciano, with the technical assistance of the 
International Committee of the Red Cross. In view of the Philippines’ obligation to 
take measures to prevent and repress at all times any misuse of the emblem, a 
of this bill is therefore most earnestly sought. 
stricter and broader national legislative regime 
in place. The approval 
Senator 
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T M  ~~~~~~A~~ 
FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
1 
8 
JUN -3 ~5 :38 
Firsf Regular Session 
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Introduced by Senator Richard J. Gordon 
AN ACT 
DEFINING THE USE AND PROTECTION OF THE RED CROSS, RED CRESCENT 
AND RED CRYSTAL EMBLEMS 
Be if enacfed by fhe Senafe and the House of Represenfafives in Congress 
assembled: 
CHAPTER 1. INTRODUCTORY PROVISIONS 
SECTION 1. Short We. This Act shall be known as “The Red Cross and Other 
Emblems Bill.” 
Sec. 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. 
(6) The State adopts the provisions of The Hague Conventions and the 1949 
Geneva Conventions and their Protocols insofar as they have been ratified or have become 
part of generally accepted principles of international law. 
(C) The misuse of the red cross, red crescent or red crystal emblem and of the words 
“Red Cross”, “Red Crescent” or “Red Crystal” or their translation in any official language and 
dialect shall not go unpunished. Their effective prosecution shall be ensured by taking 
measures at the national level. 
CHAPTER 2. RULES ON THE USE OF THE RED CROSS, 
THE RED CRESCENT AND THE RED CRYSTAL EMBLEMS 
Sec. 3. Definition of Protective Use and lndicative Use. - The emblem used as a 
protective device during armed conflict is the visible sign of the protection conferred by the 
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. 
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Indicative use of the emblem shows that a person or an object is linked to an 
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institution of the International Movement of the Red Cross and Red Crescent. The emblem 
shall be small in size. 
Sec. 4. Protective Use'by the Medical Seivice 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 emblem to identify its medical personnel, medical units 
and transports on the ground, sea and air. 
* 
Medical personnel shall wear armlets and. carry identity cards displaying the Red 
Cross emblem. These armlets and identity cards shall be issued exclusively by the 
Department of National Defense (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 respective emblems, make 
temporary use of either of the other distinctive emblems recognized by, and enjoying equal 
status under the Geneva Conventions and their Additional Protocols. 
Sec. 5. Protective Use by Hospitals and Other Civilian Medical Units. - The 
Department of Health (DOH) or local government unit (LGU) exercising control over the 
hospitals, civilian medical personnel, civilian and civilian medical transports assigned in 
particular to the transport and treatment of the wounded, sick and shipwrecked, shall 
authorize the same to be marked with the Red Cross emblem used as a protective device in 
time of armed conflict, in consultation with the Philippine National Red Cross (PNRC). In this 
regard, the DOH and LGUs shall work together with the DND, which shall, if necessary, give 
advice and assistance. 
Civilian medical personnel shall wear armlets and carry identity cards displaying the 
Red Cross emblem. These armlets and identity cards shall be issued by the DOH and 
LGUs. 
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. 
Sec. 6. Protective Use by the Philippine National Red Cross.'- The PNRC is 
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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 be subject to military laws and 
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 either of 
the distinctive emblems recognized by, and enjoying equal status under, the Geneva 
Conventions and their Additional Protocols. 
Such personnel shall wear armlets and carry identity cards in accordance with 
The PNRC may be authorized to use the emblem as a protective device for its 
Sec. 7. Indicative Use by the Philippine National Red Cross and National 
Societies. - The PNRC is authorized to use the emblem as an indicative device. It may, in 
exceptional circumstances and to facilitate its work, make temporary use of the red crystal. 
It shall apply the “Regulations on the Use of the Emblem of the Red Cross or the Red 
Crescent by the National Societies.” 
Section 4, paragraph 2 of this Act. 
medical personnel and medical units in accordance with Section 5 of this Act. 
National societies of other countries present in the territory of the Republic of the 
Philippines shall, with the consent of the PNRC, be entitled to use the emblem under the 
same conditions. 
Sec. 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 emblems of the red cross or the red crescent 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 in exceptional circumstances and to facilitate their work. 
CHAPTER 3. CONTROL MEASURES AND PENALTIES 
Sec. 9. Control Measures and Enforcement - The DND, DOH, Department of 
Interior and Local Government (DILG) and Department of Trade and Industry (DTI) shall at 
all times ensure strict compliance with the rules governing the use of the emblems of the red 
cross, the red crescent or the red crystal, the name “Red Cross,” “Red Crescent” or “Red 
Crystal,” 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 
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They shall take every appropriate step to prevent misuse, in particular by 
disseminating the rules in question 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 Geneva Conventions and their Additional 
Protocols, and provide for the necessary administrative and disciplinary sanctions in cases 
of misuse. 
Sec. IO. Role of the Philippine National Red Cross. - The PNRC shall cooperate 
with the DND, DOH, DlLG and DTI in their efforts to prevent and repress any misuse. It 
shall be entitled to inform them of such misuse and to participate in relevant criminal, civil or 
administrative proceedings. 
Sec. 11. Misuse of the Red Cross, fhe Red Crescent or the Red Crystal Emblem 
as an Indicative Device in Peacetime and In Time of Armed Conflict. - Any person who 
willfully and, without entitlement, makes use of the red cross, red crescent or red 
crystal emblem: the words “Red Cross”, “Red Crescent” or “Red Crystal” 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; any person who, in 
particular, has 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 
imprisonment of not more than one (1) year andlor a fine of not less than Twenty Thousand 
Pesos (P20,OOO.OO) at the discretion of the court. 
If the misuse is committed by a corporate body, the punishment shall apply to the 
persons who committed the crime or ordered the commission of the offense. Foreigners 
convicted under this Section may be ordered deported upon service of the penalty. 
In addition, the court may order the forfeiture in favor of the PNRC of any proceeds, 
property, assets upon or directly or indirectly in connection with which an emblem, 
designation, design, wording or sign which was used in the commission of the offense, 
without prejudice to the rights of bona fide third parties. 
Emblem as a Protective Device in Time ofArmed Conflict. 
Sec. 12. Misuse of the Red Cross, the Red Crescent or the Red Crystal 
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(A) Any person who willfully 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 or red crystal emblem, or a distinctive signal, 
shall be deemed to have committed a war crime and shall be punished by reclusion 
perpefua or imprisonment of twenty (20) years to one (1) day to forty (40) years and a fine 
not less than One Hundred Thousand Pesos (PlOO,OOO.OO) at the discretion of the court if 
the act results in death of an adversary, or reclusion temporal or imprisonment of twelve 
(12) years and one (1) day to twenty (20) years and a fine not less than One Hundred 
Thousand Pesos (PlO0,OOO.OO) 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, red crescent or red crystal 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 prision correccional-in 
its minimum and medium periods or 
imprisonment of not less than (6) years and one (1) day to ten (IO) years and a fine not less 
than One Hundred Thousand Pesos (PlOO,OOO.OO) at the discretion of the court. 
The court may also impose the corresponding accessory penalties under the 
Revised Penal Code, especially where the offender is a public officer. 
Perfidious use means appealing to the good faith of the adversary, with the intention 
to deceive and create a belief that the offender was entitled to receive or was obliged to 
confer the protection provided for by the rules of international humanitarian law. 
(B) Any person who in time of armed conflict has willfully and without entitlement 
used the red cross, red crescent or 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 imprisonment of not more than one (1) year andlor a fine of not less than 
If the crime is committed by a corporate body, the punishment shall apply to persons 
who committed the crime or ordered the commission of the crime. 
In addition, the court may order the forfeiture in favor of the PNRC of any proceeds, 
property, assets upon or directly or indirectly in connection with which an emblem, 
designation, design, wording or sign was used in the commission of the crime; and any 
identity cards, insignia or uniforms used in the commission of the crime. 
Sec. 13. Misuse of the White Cross on a Red Ground. - Owing to the confusion 
which may arise between the arms of Switzerland and the emblem of the red cross, the use 
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of the white cross on a red ground or of any other sign constituting an imitation thereof, 
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whether as a trademark or commercial mark or as a component of such marks, or for a 
purpose contrary to fair trade, or in circumstances likely to wound Swiss national sentiment, 
shall likewise be prohibited at all times. Offenders shall be punished by a fine not less than 
Twenty Thousand Pesos (P20,OOO.OO). 
Sec. 14. lnterim Measures. - The DND, DOH, DlLG and DTI shall take the 
necessary interim measures in pursuit of the objectives of this Act, including ordering the 
seizure of objects and materials marked in violation of this Act, the removal of the red cross 
and red crescent emblem or the words "Red Cross" and "Red Crescent" or their translation 
in any official language and dialect, at the expense of the instigator of the crime, and 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 111 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 Geneva Conventions and their Additional Protocols; and 
Provided furfhec that such rights were acquired prior to the effectivity of this Act. 
Otherwise, persons making use of the red cross, the red crescent or red crystal or 
any sign constituting an imitation thereof or the words "Red Cross", "Red Crescent" or "Red 
Crystal" 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 promulgation of this Act. 
Objects, materials and products abovementioned shall be disposed of by the PNRC 
accordingly. 
Sec. 15. Registration of Associations, ' Tradenames and Trademarks. - The 
Securities and Exchange Commission (SEC), Intellectual Property Office (IPO) and the DTI 
shall refuse the registration of associations, the registration of tradenames, and the filing of 
trademarks, commercial marks and industrial models and designs making use of the 
emblem of the red cross, red crescent or red crystal and of the words "Red Cross", "Red 
Crescent" or "Red Crystal" or their translation in any official language and dialect in violation 
of this Act. 
CHAPTER 4. RELATIONSHIP WITH OTHER LAWS 
Sec. 16. Relationship with the Consfifution. - This Act shall supplement the 
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developments in international law: 
Sec. 17. Relationship with lnternational Law. - In the application and interpretation 
of this statute, Philippine courts shall be guided by the following instruments and 
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The 1949 Geneva Conventions I-IV and their 1977 Additional Protocols I & II 
and 2005Additional Protocol 111; 
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: 
Resolution 1 of the 29th International Conference of the Red Cross and Red 
Crescent 
International criminal law jurisprudence from the international criminal 
tribunals, especially as may come from the International Criminal Court in The 
Hague; 
Relevant and applicable international human rights instruments and 
jurisprudence, mainly from the United Nations system; and 
Teachings of the most highly qualified publicists and authoritative 
commentaries on the foregoing sources as subsidiary means for the 
determination of rules of law. 
Sec. 18. Relationship with the Revised Penal Code and Other Relevant Laws. - 
The Revised Penal Code shall be of suppletory application 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 
criminal and/or civil nature, such as on matters of civil liability. This Act is 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. 
Sec. 19. Relationship with the Revised Rules on Criminal Procedure. - The 
Revised Rules of Criminal Procedure shall be suppletory to this statute and to additional 
special rules of criminal procedure as may be formulated by the Supreme Court for the 
investigation, prosecution and trial of crimes under this statute. 
Sec. 20. Relationship with the Intellectual Property Code, the Corporation Code 
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,and the Deparfmenf of Trade and lndustv Rules and Regulations. - The Intellectual 
Property Code, the Corporation Code and the DTI Rules and Regulations shall be 
suppletory to this statute for purposes of registration of corporations, associations, 
partnerships, single proprietorships; and tradenames and the filing of trademarks, 
commercial marks and industrial models and designs making use of the emblem of the 
red cross, red crescent or red crystal and of the words "Red Cross," "Red Crescent" or 
"Red Crystal" 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. 
CHAPTER 5. PROSECUTION OF CASES 
Sec. 21. Prosecutors and lnvestigafion of Cases. - The Regional Trial Courts or 
the Metropolitan Trial Courts of the Philippines, as the case may be, shall have original and 
exclusive jurisdiction over crimes punishable under this Act. 
The Supreme Court and the Department of Justice shall ensure that judges and 
prosecutors, respectively, receive effective training regarding the crimes defined under this 
Act. 
CHAPTER 6. FINAL PROVISIONS 
Sec. 22. lmplementing Rules and Regulations. - The DND, DOH, DlLG and DTI, 
in consultation with the PNRC, shall adopt Implementing Rules and Regulations (IRR) within 
five (5) months upon promulgation of this Act. 
Sec. 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 or modified accordingly. 
Sec. 24. Separabilify Clause. - If any part or provision of this Act is held 
unconstitutional or invalid, other parts or provisions hereof which are not affected thereby 
shall continue to be in full force and effect. 
Sec. 25. Effecfivify. - This Act shall take effect fifteen (15) days after its publication 
in two national newspapers of general circulation. This publication shall not be later than 
seven (7) days after the approval hereof. 
Approved,