Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS

First Regular Session

COMMITTEE REPORT NO, 698

Submitted shanti Conmitee on Justice and the Commie on Human Rights en

2314

Re: House Bill No.
Recommending its approval in substitution of House Bill Nos. 307, 440 and 628

Sponsors: Representatives Niel C. Tupas. Jr.. Rene L. Relampagos. Roilo Golez Juan
Fagardo “Sonny” Angara, and Simeon A. Datumanong

Mr. Speaker:

The Committee on Justice and the Commitee on Human Rights, to which were referred
House Bill No. 307. introduced by Representative Roilo Golez, entitled:

~AN ACT
DEFINING THE USE AND PROTECTION OF THE RED CROSS, RED
CRESCENT, RED CRYSTAL AND RED LION AND SUN EMBLEMS.
PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR
OTHER PURPOSES”

House Bill No. 440. introduced by Representative Juan Edgardo “Sonny” M. Angara. entitled:

“AN ACT
DEFINING THE USE AND PROTECTION OF THE RED CROSS, RED
CRESCENT AND RED CRYSTAL EMBLEMS”

und House Bill No. 628. introduced by Representative Simean A. Datumanong. entitled:
* “AN ACT
DEFINING THE USE AND PROTECTION OF THE RED CROSS, THE
RED CRESCENT, THE RED CRYSTAL AND THE RED LION AND SUN
EMBLEMS, PROVIDING PENALTIES FOR VIOLATIONS THEREOF
AND FOR OTHER PURPOSES”


attached H 7.3

‘have considered the same and recommend that the attached House Bill No _
emitled:

“AN ACT
“DEFINING THE USE AND PROTECTION OF THE RED CROSS, RED
CRESCENT, RED CRYSTAL AND RED LION AND SUN EMBLEMS,
PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR
OTHER PURPOSES”

be approved in substitution of IIB Nos. 307, 440 and 628 with Representatives Golez, Angara,
Datumanong, Tupas, Jr., and Relampagos as authors thereof.

Respectfully submitted,

Vv <4
HEL C. TUPAS, JR:

‘Chairman
Committee on Justice

RE! L. feamracos
Chai
Coramttce on Human Rights

The Honorable
The Speaker

House of Representatives
Quezon City



HOUSE OF REPRESENTATIVES.
Quezon City. Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No_ 4314

Representatives Golez, Angara, Darumanong, Tupas, Jr, and Relampagos

Introduced by

AN ACT
DEFINING THE USE AND PROTECTION OF THE RED CROSS, RED
CRESCENT, RED CRYSTAL AND RED LION AND SUN EMBLEMS,
PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER
PURPOSES
be ir enacted by the Senate and House of Representarives of the Philippanes m
Congress asvembied:

! PART L

2 INTRODUCTORY PROVISIONS

4 SECTION 1. Short Title. ‘This Act shall be known as “The Red Cross and Other
5Emblems Act of 2011."

6

? SEC. 2, Declaration of Principles and State Policies

8

9 (a) The Philippines renounces war as an instrument of national policy. adoprs the

logenerally accepted principles of intemational law as part of the Taw of the land and
adheres to 2 policy of peace. justice, freedom, cooperation, and amity with all nahons

12

3 (b) The State adopts the provisions of the Hague Convention TV of 1907 and the

1111949 Geneva Conventions and their Additional Protocols on the protection of victims of
tswar insofar as they have been ratified or have become part of generally accepred

Léprinciples of international law
vs

18 (c) The
19both in times of peace and in times of ai
2Oand guidelines set forth under the Iague
21Conventions and their Additional Protocols on 1

.e State shall secure the protective use and indicative use of the emblems
rmed conflict in accordance with the standards
Conventions of 1907 and the 1949 Geneva
he protection of vietims of war.



1 (a) The misuse of the emblem of the Red Cross, Red Crescent, Red Crystal and

— Red Liét and Spn-uF the Words Red Cross-Ret€rescemt; Red Crystal. ané Red4ion-and—
Suncor their translation in any official language and dialect shall not go unpunished. Tts
effective prosecution shall be ensured by taking measures at the national level

SEC. 3. Definition of Terms: 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, t0 a situation to which the Geneva Conventions of 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 mean any of the distinctive signals specified in Chapter IJT of
Annex I to the Protocol Additional to the Geneva Conventions of 12 August
1949, and relating to the Protection of V ictims of International Armed Conflicts
(Protocol 1), being the signals of identification for medical units and transport,
namely, the blue light signal, the radio signal and electronic means of

identification.

ic) Emblem means the Red Cross. Red Crescent, Red Crystal, and Red Lion and Sua
emblem

(d) Indicative use means the use of the emblem showing that a person or an object is
inked 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 usc of the emblem by a person with intent to appeal to
the good faith of an adversary in order to deceive and make the latter believe that
the person 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 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

(9) Red Crescent when used to signily a heraldic emblem. means an emblem
depicting a ted crescent moon, on and completely surrounded by, a white
ground, as illustrated in Article 4 Chapter IV of Annex 1 of the Additional
Protocol I ta the Geneva Conventions,



| (hy) Red Cross when used to a heraldic emblem, means an emblem depicting a
red cross ‘with Bravches Of equal length“on-and-completcly surrounded by:-a—

3 white ground, formed by reversing the colours of the Swiss Confederation. as
4 illustrated in Article 4 Chapter TV of Annex I of the Additional Protocol I to the
5 Geneva Conventions.

6

7 (i) Red Crystal when used to signify a heraldic emblem, means any emblem
8 depicting a red frame in the shape of a square on edge, and completely
9 surrounded by, a white ground. as illustrated in Additional Protocol II to the
0 Geneva Conventions

VW

12 G) Red lion and sun when used to signify a heraldic emblem, means an emblem
B depicting a red lion passing from right to feft, completely surrounded by # white
4 background. with its face tuned towards the observer, holding erect in its raised
15 right forepaw a scimitar, with the upper half of the sun shooting forth rays
16 appearing above the lion’s back. as illustrated in Article 4 Chapter IV of Annex T
17 of the Additional Protocol 1 to the Geneva Conventions.

18

19 PART 2

20 RULES ON THE USE OF THE RED CROSS, THE RED CRESCENT, THE RED
CRYSTAL AND THE RED LION AND SUN EMBLEMS

SEC. 4, Protective Use by the Medical Service of the Armed Forces of the
24Phitippines. Under the control of the Deparment of National Defense (DND). the
S5medical service of the Armed Forces of the Philippines (AFP) shall, both in peacetime
26and during armed conflict, use the Red Cross emblem to identify its medical personnel,
27medical units and transports on the ground. sea and air

28

29 Medical personnel of the AEP shall wear armlets and carry idemtity cards
30displaying the Red Cross emblem. These armlets and identity cards shall be issued by the
31DND.

33 Religious personnel attached to the armed forces shail be afforded the same
34protection as medical personnel and shall likewise be similarly identified with armlers
33and identity cards.

36

37 Where this may enhance protection, medical and religious personne! attached to
38the armed forces may, without prejudice to the use of their present emblems make
emporary use of any of the other distinctive emblems recognized by, and enjoying equal
40staus under the Geneva Conventions and their Additional Protocols.

4

a2 SEC. 5. Protective Use by Hospitals and Other Civilian Medical Units. The
48Department of Health (DOH). exercising comrot over the hospitals, civilian medicat
44personnel, civilian and civilian medical transports assigned in particular to the transport



Jand treatment of the wounded, sick and shipwrecked, shall authorize the marking of the
2Red Cros: Tei used as device itt ‘ofarmed conflict—in- consultation
Swith the Philippine Red Cross (PRC). In this regard, the DOH shall coordinate and work
Sogether with the DND, which may. if necessary, give advice and assistance. The PND
Schall authorize medical personnel, units and transports of uniformed personnel in
wernment other than the armed forces to be marked with the emblem used as a
7protective device in time of armed conflict

8
9 Civilian medical personnel shatl wear armlets and carry identity cards displaying
Othe Red Cross emblem. These armlets and idemity cards shal] be issued by the DOH.

ll
12 Civilian religious personnel attached to hospitals and other medical units shall be

1Bafforded the same protection as medical personnel and shall likewise be similarly
14identified with armlcts and identity cards

is

16 SEC. 6. Protective Use by the Philippine Red Cross, The PRC shall be
}Tauthorized 10 place medical personnel and medical units and transports at the disposal of
18the medical service of the armed forces

19

20 Such personnel, units and transportation shall be subject to military security
Ziregutations 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
Sof any of the distinctive emblems recognized by, and enjoying equal status, under the
241949 Geneva Conventions and their Additional Protocols

Such personnel shall wear armlets and carry identity cards displaying the Red
27Cross emblem. These armlets and identity cards shall be issued by the DND.
28
29 The PRC may be authorized to use the emblem as a protective device for its
30medical personnel and medical units in accordance with Section $ of this Act
31

SEC. 7. Indicative Use by the Philippine Red Cross und National Societies
5 The PRC is authorized to use the emblem as an indicative device, It 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
36the Red Cross or the Red Crescent by the National Societies”

38 National societies of other countries present in the territory of the Republic of the

39Philippines shall. with the consent of the PRC. be cntitled to use the emblem under the

40same conditions.

4a
2 SEC. 8. Indicative Use by the International Organizations of the International

43Red Cross and Red Crescent Movement. The International Committee of the Red Cross



tand the International Federation of Red Cross and Red Crescent Societies may make use
2of the Red-Gross or the Red-Crescent emblems-at any time-and-for-all their activities—

3
4 The International Committee of the Red Cross and the International Federation of
SRed Cross and Red Crescent Societies. and their duly authorized personnel, may make
6use of the Red Crystal emblem in exceptional circumstances and to facilitate their work

7

g PART 3
a | CONTROL AND PENALTIES
10
i SEC. 9. Control Measures and Enforcement. The DND, the DOH. and the

12Department of Trade and Industry (DTD) shall at all times ensure strict compliance with
I3the rules governing the use of the emblems of the Red Cross. the Red Crescent, the Red
14Crystal and the Red Lion and Sun,the name of the Red Cross, Red Crescent, Red Crystal
lSor Red Lion and Sun;or their transtation in any official language and dialect or the
I6distinctive signals. They shall exercise strict control over their respective personnel
1 7authorized to use the emblems, names and signals

18

19 They shall take every appropriate step to prevent misuse, in particular by
20disseminating the rules on their usage as widely as possible among the armed forces. the
2Ipolice forces, the instrumentalities of the State and the civilian population. They shall
22likewise issue instructions to national, civilian and military authorities on the use of the
23distinctive emblem in accordance with the Geneva Conventions and their Additional
24Protocols and by providing appropriate sanctions in cases of misuse

SEC. 10. Role of the Philippine Red Cross The PRC shall cooperate with the
SD. DOH. and the DTI in their efforts to prevent and repress any misuse Tt shall be
28enritled to information on such misuse and to participate in relevant criminal, civil or
2Wadministrative proceedings
30

31
32 SEC. 11. Misuse of Emblems and Names of the Red Cross, the Red Crescent,

sthe Red Crystal or the Red Lion and Sun Emblem as an Indicative Device in Peacetime
34and In Time of Armed Conflict. Any person who willfully and without entitlement.
ake use of the emblems of the Red Cross. Red Crescent, Red Crystal or Red Lion
36and Sun-the names of the Red Cross, Red Crescent, Red Crystal and Red Lion and Sun:
37or their translation in any official language and dialect, a distinctive signal or any
38other sign. designation or signal which constitutes an imitation thereof or likely to cause
39confusion or mistake or to deceive the general public. irrespective of the purpose of
40such use. as well as any person who has displayed the said emblems or words on signs.
posters. announcements, leaflets or commercial documents, or has affixed them to goods
S2or packaging, or has sold, offered for sale or placed in circulation goods thus marked
43shall be punished by arresto mayor, and a fine of not less than Twenty Thousand Pesos



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bt Wo,_ 30°?

Introduced by Honorable Rollo Golez

EXPLANATORY NOTE

What began in the battlefields at Solferino in 1859 where human suffering was met with care
‘and compassion without distinction of nationality, the work of the Intemational Red Cross and Red
Crescent Movement has since expanded workiwide. In a diplomatic conference in Geneva,
Switzerland on August 22, 1864, it was unanimously agreed to diminish the evils inherent in war by
approving the First Geneva Convention, Thus, the Red Cross emblem was also bom — an
internationally recognized emblem purposely used to protect humanitarian workers, vehicles and
medical facilities in times of armed conflict and other situations of violence, and identify the members
of the Movernent,

The Philippines, after the Second Word War, proclaimed on February 14, 1947 its
adherence to the Geneva Conventions and to participate with the nations of the works in mitigating
suffering caused by war and 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 95.

This bil draws on the 1949 Geneva Conventions and their 1977 and 2005 Protacols, the
Regulations on the Use of the Emblem of the Red Cross
or the Red Crescent by the National Societies, as adopted by the 20" Intemational Cor ference of
the Red Cross, and subsequent amendments, and Resolution 1 of the 29" Intemational Conference
of the Red Cross and Red Crescent, among others.

‘Currently, 194 nations have ratified or adhered to the Four Geneva Conventions of August
412, 1949 making it the most widely accepted and recognized treaty inrthe world. it was ratified by
the Philippines in 1952.


The Philippines has likewise ratified the 1977 Additional Protocol II and the 2005 Additional
Protocol Ill. It has signed but not yet ratified the 1977 Addiional Protocol, While this treaty has yet
to be ratified, does not bar cur sovereign Congress from adopting certain provisions thereof as part
of our national egislacion including those governing the use and protection of the emblem of the red
cross or red crescent which occupies a very important place in intemational humanitarian law

To date, only Sections 14, 18 and 16 of Presidential Dectce No. 1264 (as amended}
penalize the unlawfu' 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 -10 provision for the unlawful
use of the Red Crescent symbol and the new Red Crystal

In View of the Philipaines' obligation to take measures to prevent and repress at all imes any
misuse of the embiem, a stricter and broader national legislative regime should be put in place.

Finally, this bill is a result of the cotlaboration of the Philippine National Red Cross National

|HL Committee led by Justice Leonor Ines Luciano with the technical assistance of the Intemational
Committee of the Red Cross.

The approva' of this bill is therefore most eamestly sought.

\ ROMO GoLEZ



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

. . O07

House BitNo._&

Introduced by Honorable Roilo Golez

AN ACT DEFINING THE USE AND PROTECTION OF THE RED CROSS, RED
CRESCENT, RED CRYSTAL AND RED LION AND SUN EMBLEMS, PROVIDING PENALTIES
FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES

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

PART 14
INTRODUCTORY PROVISIONS

SECTION 1. Short Title. - This Act Shall be known as “The Red Cross and Other
Emblems Act of 2009".

SEC. 2. Declaration of Principles and State Policies, -

(@) __The Philippines renounces war as. an instrument of national policy, adopts the
generally accepted principles of intemational law as Part of the faw 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.

{) 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 ang the 1949 Geneva Conventions and their Additional
Protocols on the protection of victims of war

{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 transtation in any official language and dialect shall not go unpunished. Its effective prosecution
shal be ensured by taking measures at the national level.

SEC. 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 tise, to a situation to which the Geneva Conventions of 1949 and their Additional Protocols,
including their common Article 3 (Conficts not of an Intemational Character), apply. It does not
include situations of intemal disturbances and tensions, such as riots, isolated and sporadic acts of
violence or other acts of a simitar nature.

(0) "Distinctive signals" means any of the distinctive signals specified in Chapter Ilt of
Annex | to the Protocol Addifional to the Geneva Conventions of 12 August 1949, and relating to the
Protection of Victims of Intemational Amed Conficts (Protocol |), being the signals of identification
for medical units and transport, namely: the blue light signal, the radio signal and electronic means of

© “Emblem” means the Red Cross, Red Crescent, Red Crystal and Red Lion ane Sun
emblem. .

{d) “Indicative use” means the use of the emblem showing that a person of an object is
linked to an institution of the Intemational Movement of the Red Cross and Red Crescent. The
‘emblem shall be smail 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 io deceive and make the latter beeve that he or she fs
entitled to receive or is to be conferred the protaction provided for by the rules of intemalional
humanitartan law.

(‘Protective use” means the visible sign of the protection conferred by ‘he 1949
Geneva Conventions and their Additonal 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,

@ "Red Crescent’, when used to signify a heraldic emblem, means an emblem
depicting a red crescent moon on, and completely surrounded by, a white backgroundground, as
iMustrated in Article 4, Chapterg¥ Af Annex t of the Additonal Protocol | to the Geneva Conventions.

{h) ‘Red Cross", 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 dot
‘Annex | of the Additional Protocol | to the Geneva Conventions,

0} "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 Addiional Protocol III to the Geneva Conventions.

0 "Red Lion and Sun’, when used fo signify a heraldic embiem, means an-emblem
depicting a red fion passing from right to deft, completely surrounded by a white background, with its
face tumed towards the observer, hokfing erect in its raised right forepaw a scimitar, wath the upper


half of the sun shooting forth rays appearing above the lion's back, as illustrated in Article 4, Chapter
Wot Annex | of the Additional Protocol i to the Geneva Conventions.

PART 2
RULES ON THE USE OF THE RED CROSS, THE RED CRESCENT,
THE RED CRYSTAL AND THE RED LION AND SUN EMBLEMS

‘SEC. 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 cf 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
ai.

Medical personne! of the AFP shall wear armiets and carry identity cards displaying the Red
‘Cross emblem. These armiets and identity cards shall be issued by the DND.

Religious personnel attached to the armed forces shail be afforded the same protecton as
medical personnel and shall likewise be simMarly identified with armiets and identity cards.

‘Where this may enhance protection, medical and retigious personnel attached to the armed
forces may, without prejudice to the use oftheir 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,

‘SEC. 5.Protectlve Use by Hospitals and Other Ci in Medical Units. - The
Department of Health (DOH), exercising control over hospitals, civifian medical personnel, civilian
and civilian medical transports assigned in particular fo 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 consuitation with the Philippine National Red Cross
(PNRC). In this regard, the DOH shall coordinate and work together with the OND which may, if
Necessary, give advice and assistance. The DND shall authorize medical personnel, units and
transports of uniformed personne! in goverment other than the armed forces io be marked wit the
emblem used as a protective device in time of armed conflict.

Civilian medical personnel shalt wear armiets and carry identity cards displaying the Red
Cross emblem. These armlats and identity cards shail be issued by the DOH.

Civitan religious personnel attached fo hospitals and other medical units shali be afforded
the same protection as medical personne and shall likewise be similarly identified with armiets and

SEC, 6. Protective Use by the Philippine National Red Cross. - The PNRC shal be
authorized fo place medical personnel and medical units and transports at the disposal of she
medica service of the armed forces.


Such personnel, units and transportation shall be 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 Additicnal
Protocols.

‘Such personnel shall wear armlets and cary identity cards displaying the Red Cross
emblem. These aimiets and identity cards shail be issued by the DND.

The PNRC may be authorized to use the emblem as a protective device for its medcal
personnel and medical units in accordance with Section 5 of this Act.

‘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 as determined by the PNRC, and to facilitate its work, make temporary use of the
Red Crystal emblem. It shall apply the "Regulations on the Use of the Emiblem of the Red Cross or
‘the Red Crescent by the National Societies". ©

‘National societies of other countries present in the leritory of the Repubiic of the Philippines
Shall, with the consent of the PNRC, be entitied to use the emblem under the same conditions.

SEC.& Indicative Use by the International Organizations of the International Red
Cross and Red Crescent Movement. - The Intemational Committee of the Red Cross and the
Intemational Federation of Red Cross and Red Crescant Societies may make use of the Red Cross
of the Red Crescent emblems af any time and for all their activities

‘The Intemational Committes of the Red Cross and the Intemational 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 faciitate their work.

PART 3
CONTROL AND PENALTIES

SEC. 9. Control Measures and Enforcement. - The DND, the DOH and the DTI shal 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
didect or the distinctive signals. They shall exercise stict control over their respective perscnel
authorized to use the said emblems, names and signals,

They shall take every appropriate step to prevent misuse, in particular by dissemmating the
mules on their usage as widely as possible, among the armed foros, the police forces, the
instrumentakties of the State and the civifan poputalon. They shall likewise issue instructions 2
atonal, civiian 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.

SEC. 10. Role of the Philippine National Red Cross. ~ The PNRC shal! cooperete with
the DND, the DOH, and the DT! 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.

SEC. 11. Misuse of the Red Cross, the Red Crescent, the Red Crystal or the Red Lion
and Sun Emblem as an 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 Cresceiit’, “Red Crystal” and "Red Lion
and Sun’, or their translation in any official tanquage and dialect; a distinctive signal or any other
sign, designation or signal which constitutes an imitation thereof or likely to cause confusion of
mistake or to deceive the general public, ‘rrespective of the purpose of such use; as well as any
Person who has displayed the said emblems or words on signs, posters, announcements, feafle’s or
Commercial documents, or has affixed them to goods or packaging; or has sok, offered for sale or
Placed in circulation goods thus marked shall be punished by arresto mayor, and a fine of rot less
than twenty thousand pesos (P20,000.00) but not more tian Forty thousand pesos (P40.000.00) at
the discretion of the court.

lf the misuse is committed by @ partnership, corporation, association or any juridica entity,
the partner, president, director, manager, trustee, estate adriinistrator or officer who consents tt or
fmowingly tolerates such misuse shail be held criminally Bable as a co-principal. if the person
Corwicted 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 favor of the PNRC of any provesds, or
property or assets upon which an emblem, designation, design, wording or sign was used diractty or
indirectly in violation of this Act, without prejudice fo the rights of bona fide third parties.

SEC. 12. Misuse of the Red Cross, the Red Crescent, the Red Crystal or the Red Lion
and Sun Emblem as a Protective Device in Time of Armed Conflict. — (a) Any person who
wittfuly 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, the Red Crescent,
the Red Crystal or the Red Lion and Sun emblem, or a distinctive signal shai! be deemed to have
commitied a war crime. If the act results in the death of an adversary, the penalty shall be recusion
perpetua and a fine of not ess 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 of not less than One hundred thousand pasos (P100,000.00) but not mere than Two tundred
fRousand pesos {P200,000.00) atthe discretion of the court, if the act resutts in serious hann to the
body or he: th of an adversary.


Perfidious use of the Red Cross, the Red Crescent, the Red Crystal or the Red Lion ard
Sun emblem, or a distinctive signal which does not resutt in death or serious harm to the boay or
health of an adversary, shall be punished by prision correccional and a fine of not fess than Fifty
thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00) at te
discretion of the court. *

The court may also impose the corresponding accessory peraios under the Revised Fenal
Code, espaciaty where the offender is a public officer.

{b) Any person who, in time of armed confict and without entitlement, has wilfully
used the Red Gross, the Red Crescent or the Red Crystal emblem... caemaneriaary
other signal which constitutes an imitation theteof or which might lead to confusion, shat be
punished by prision correccional in its medium period and a fine of not less than Forty thousand =
pesos {P40,000.00) but not more than Eighty thousand pesos (P80,000.00) at the discretion of the
court,

tf the misuse is committed by a partnership, corporation, association or any juridical entity,
the partner, president, director, manager, trustee, estale administrator or officer who consents to or
knowingly tolerates such misuse shalt be held crimmally 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.

tn addition, the court may order the forfeture in favor of the PNRC of any proceeds, prooerty
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

‘SEC. 13. interim Measures. - The DND, the DTI and the DOH shall take the necessary
interim measures such as order the seizure of objects and meterials marked in violation of this Act,
demand the removal of the Red Cross, the Red Crescent or the Red Lion and Sun emblem of the
words ‘Red Cross”, “Red Crescent’ and “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 forfeitu’e 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 transtation thereof in any official language and dialect, pror
to the adoption of Additional Protocol III (Adoption of an Additional Distinctive Emblem) shall 3e
permitted fo continue such use: Provided, That the use shall not be such as wouk! 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 any sign constituting an imitation thereof, or the words “Red Cross’,
"Red Crescent”, "Red Crystal” or “Red Lion and Sun’ or their translation in any official language and
dialect upon enity 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 abovementioned shall be disposed of by the PNR .
accordingly.

SEC. 14. Prohibition on the Registration of Partnership, Corporation, Association and
Other Juridical Entity, and Tradenames, Trademarks, Etc. - The Securities and Exchange
Commission, the Inteectual Property Office and the DTT'shall refuse, respectively, the registration of
a partnership, corporation, association and other juridical enfity; and the registration of tradenemes,
trademarks, service marks, collective marks, other marks of ownership, utlity 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 and of the words ‘Red Cross”, ‘Red Crescent, "Red Crystal’ or ‘Red Lion and Sun’ or
their transiation in any official language and dialect in violation of this Act.

PARTS
RELATIONSHIP WITH OTHER LAWS.

SEC. 15. Relationship with the Constitution. - This Act shall supplement the
Constitution, especially its Bill of Rights, is relevant provisions on intemationel law and human rights
and jurisprudence thereon,

SEC, 16, Relationship with Intemational Law.— In the application and interpretaton of
this statute, the Philippine courts shall be guided by the folowing instruments and developments in
intemational law:

{a} The 1949 Geneva Conventions HV and their 1977 Additional Protocots | and tf and
the 2005 Additional Protocol Itt;

{0} Regulations on the Use of the Emblem of the Red Cross or the Red Cresoent by the
National Societies, as adopted by the 20th Intemational Conference of the Red Cross, and

subsequent amendments;
) Resolution 1 of the 29th Intemational Conference of the Red Cross anc Red
Crescent;

(¢) Intemational ciiminal taw jurisprudence from the intemational criminal tibsnats,
‘especially as may come from the international Criminal Court in The Hague;

fe) Relevant and applicable intemational human rights instruments and jurisprudence,
mainly from the United Nations system; and

() Teachings of the most highty qualified publicists and authoritative commentaries on
the foregoing sources as subsidiary means for the determination of rules of law.

SEC. 17. Relationship with the Revised Penal Code and Other Relevant Laws. — The
Revised Peta Code shall be suppletory to this stalute 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
Givi Hablity. 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
concemed.

SEC. 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 procedure as may be formulated by the Supreme Court for the investigation, prasecution
and tial of crimes under this statute.

SEC. 19. Relationship with the Intelloctual Property Code, the Corporation Code and
the Department of Trade and Industry's Rules and Regulations, — The intellectual Property
Cade, the Corporation Code and the DT?s rules and regulations shall be suppletory to this statute for
purposes of registration of partnerships, corporations, associations and other juridical entities; and
tradenames, trademasks, service marks, collective marks, other marks of ownership, utility models
and industria! designs making use of the emblem of the Red Cross, the Red Crescent, the Red
‘Crystal or the Red Lion and Sun and of the words “Red Cross", "Red Crescent’, “Red Crystal’ and
“Red Lion and Sun” or thei translation in any official language and dialect under this Act For-hase
purposes, in case of confict, this statute shall prevail over the Intellectual Property Code, the
Corporation Code and the DT? rules and regulations,

PARTS:
FINAL PROVISIONS

SEC, 20. Implementing Rules and Regulations. - The DND, the DOH and the DTI, in
consultation with the PNRC shall adopt the implementing rules and regulations {IRR} within five {5)
‘months after the effectivity of this Act.

SEC. 21. Suppletory Effect. ~ This Act shall be suppletory to other intemationa
humanitarian laws as may be promulgated by Congress.

‘SEC. 22. Saparability Clause. - Hf, for any reason or reasons, any part or provision of this
Act shall be held to be unconstitutional or invalid, ofher parts or provisions hereof which are not
‘affected thereby shai continue to be in full force and effect.

‘SEC. 23. Repealing Clause. - All laws, presklentiat decrees and issuances, executive
orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed or 1. odified accordingly.


SEC. 24. Effectivity.— This Act shall take effect fifteen (15) days after its publication in any
newspaper of general circulation,

Approved,


Republic of the Phitippines
HOUSE OF REPRESENTATIVES
Quezon City

FIETEENTH CONGRESS
First Regular Session

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

The country's enduring commitment ta international efforts mitigating the adverse effects
caused by war can be traced back to the post-World War il era, when the Philippines
proclaimed its adherence to the 1864 Geneva Conventions on February 14, 1947.

In this diplomatic conference held in Geneva, Switzerland, an internationally recognized
humanitarian symbol was born - the Red Cross. This internationally recognized emblem is
purposely used to protect humanitarian workers. vehicles and medical facilities in times of
armed conflict and ather situations of violence, and identity the members af the Movement

It then only took two months for the country to establish its National Red Cross (PNRC)
through pramulgation of Repubtic Act No. 95 in 1947,

Also, the Philippines joined 193 other nations that 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 country in 1952.

The Philippines has likewise ratified the 1977 Additiona! Protocol I! and the 2605
Additional Protocol ill. tt has signed but net yet ratified the 1977 Additional Protocol. While this
treaty has yet to be ratified, it does not bar the country's legislature 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.

In view of the Philippines’ obligation to take measures to prevent any misuse of the
emblem and uphold intemational humanitarian etforts. a stricter and broader national legislative
regime shoutd be put in place.

Thus, the provisions of this bill seek to define the use and protection of the Red Gross,
Red Crescent and Red Crystal emblems, to wit:

+ Defining the emblems’ use:

Protective 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.


Indicative Use ~ The emblem shows that a person or an object is linked to an
institution of the Intemational Movement of the Red Cross and Red Crescent

© The bill also penalizes misuse of the Red Cross, the Red Crescent or the Red
Crystal emblem as an indicative Device in Peacetime and In Time of Armed
Confit.

‘The approval of this bill is earnestly sought.
"9
a
EIN
[ae /
JUAN EDGARDO "SONNY" M. ANGARA

Represdftative
Lone District, Province of Aurara


FIFTEENTH CONGRESS OF THE}
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
DEFINING THE USE AND PROTECTION OF THE RED CROSS, -
RED CRESCENT AND RED CRYSTAL EMBLEMS

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

PART 4. INTRODUCTORY PROVISIONS

SECTION 1. Short Title. This Act shall be known as “The Red Cross and Other
Embiems 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 intemational law as part of the law of the land and
adheres to a policy of peace, justice, freedom, cooperation, and amity with all
nations.

(8) 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 intemational law.

(C) The misuse of the red cross, red crescent or red crystal emblem and of the wards
“Red Cross’, “Red Crescent’ or "Red Crystal" or their transtation in any official
Janguage and dialect shall nat go unpunished. Their effective prosecution shall be

ensured by taking measures at the national level

PART 2. RULES ON THE USE OF THE RED CROSS, THE RED CRESCENT AND THE RED
CRYSTAL EMBLEMS

SEG. 3. Definition of Protective Use and Indicative Use. The emblem used as 9
protective device during armed conflict is the visible sign of the protection conferrea by the
Geneva Conventions and their Additional Protocols on medical personnel and medical units and

PMO lever BOSE We 4



transports in time of armed conflict. The dimensions of the emblem shall therefore be as large
as possible.

Indicative use of the embiem shows that a person or an object is linked to an institution
of the International Movement of the Red Crass and Red Crescent. The emblem shall be small

in size

SEC. 4. Protective Use by the Medical Service of the Armed Forces of the
Philippines, Under the contral of the Department of National Defense, 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 armiets and carry identity cards displaying the Red Crass
emblem, These armiets and identity cards shall be issued exclusively by the Department of
National Defense.

Religious personnel attached to the armed forces shall be afforded the same protection
‘as medical personnel and shall ikewise 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 or the local government unit (LGU), whichever is exercising control over
the hospitals, civilian medical personnel, civilian and civilian medical transports, assigned in

particutar ta the transport and treatment of the wounded, sick and shipwrecked, shalt 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

The Department of Health and local government units (LGUs) in this regard, shail work
together with the Department of National Defense, which may, if necessary, give advice and
assistance

Civilian medicat personnel shall wear armiets and carsy identity cards displaying the Red
Cross emblem, These armiets and identily cards shail be issued by the Department of Health
and local government units (LGUs),


Civilian religious personnel attached to hospitals and other medical units shail be
afforded the same protection as medical personnel and shalt likewise be simiarty identified with

armlets and identity cards

SEC, 6. Protective Use by the Philippine National Red Cross. The Philippine
National Red Cross is 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 transpartation shall be subject to miltary laws and regulations
and may be authorized by the Department of National Defense to display as a protective device
the emblem of the red cfoss or where this may enhance protection, to make temporary use of

ither of the distinctive emblems recognized by, and enjoying equal status, under the Geneva

Conventions and their Additional Protocols.

Such personne! shall wear ammlets and carry identity cards, in accordance with Section
4, paragraph 2 of this Act,

‘The Philippine National Red Cross may be authorized to use the emblem as a protective
device for its medical personnel and medical units in accordance with Section § of this Act

SEG. 7. Indicative Use by the Philippine National Red Cross and National
Societies, The Philippine Nationa! Red Cross 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 ar the

Red Crescent by the National Sacieties

National societies of other countries present in the territory of the Republic of the
Philippines shall, with the consent of the Philippine National Red Cross, 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 Intemational Committee of the Red Crass and the
Intemational Federation of Red Cross an¢ Red Crescent Societies may make use of the
emblems of the red cross or the red crescent at any time and for alt their activities,

The International Camimittee of the Red Cross and the Intemational Federation of Red
Cross and Red Crescent Societies, and their duly authorized personnel, may make use of the
red orystal in exceptional circumstances and to facilitate their work.


PART 3. CONTROL AND PENALTIES

SEC, 8, Contra! Measures and Enforcement. The Department of National Defense,
the Department of Health, the Department of Interior and Local Government and the
Department of Trade and Industry 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 emblems, names and signals

‘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
instrumentatities of the State and the civifian population. They shall kewise 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 by providing for the necessary

administrative and disciplinary sanctions in cases of misuse.

SEC. 10. Role of the Philippine National Red Cross. The Philippine Nalionai Red
Cross shall cooperate with the Department of National Defense, the Department of Health. the
Department of Interior and Local Government and the Qepartment of Trade and Industry 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 Crass, the Red Crescent or the Red Crystal Emblem as
an Indicative Device in Peacetime and in Time of Armed Conflict. Any person who wilfully
and without entitlement, make 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 of likely to cause confusion or mistake or to deceive the general public,
inespective 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 dacuments, 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 and/or a fine of
not tess than Twenty Thousand Pesos {P20,000.00).

If the misuse is committed by the management of a corporate body, the punishment
shall apply to the persons who committed the crime or ordered the commission of the offense. if
the person convicted is a foreigner, he may be ordered deported upon service of his penalty,

In addition, the court may order the forfeiture in favor of the Philippine Nationa Red
Cross of any proceeds, property, assets upon ar 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.

SEC, 12. Misuse of the Red Cross, the Red Crescent or the Red Crystal Emblem as
a Protective Device in Time of Armed Conflict. (1) 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,
ora distinctive signal shall be deemed to have committed a war crime and shail be punished by
rectusion perpetua or imprisonment of twenty (20) years to one’ {1} day to forty (40) years and a

Fine ant lass than One Hundred Thousand Pesos (P100,000 00) at the discretion of the court if
years and one (1) day to twenty (20) years and a fine not less than One Hunared |nousana

Pesos (P100,000.00) at the
or health of an adversary

scretion of the court if the act results in serious harm to the body

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 shail
he punished by prision correccional in its minimum and medium periods or imprisonment of not
less than (6) years and one (1) day to ten (10) years and a fine not less than One Hundred
Thousand Pasos (P100,000,00) al 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 him and make him believe that he was entitled to receive or was abliged to confer the
protection provided for by the rules of intemational humanitarian faw.

(2) Any person who in time of armed conflict has willfully used and without entitlement
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 then one (1) year and/or @ fine of not less than Twenty Thousand
Pesos (20,000.00).

If the crime is committed by the management of a corporate bady, the punishment shall
apply to persons who committed the crime or ordered the commission of the crime.

tn addition, the court may order the forfeiture in favor of the Philippine Nationat Red
Cross of any proceeds, property. assets upon or directly or indirectly in cannection with which
‘an emblem, designation, design, wording or sign was used in the commission of the crime: ana
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 of the
white cross on a red ground or of any other sign constituting an imitation thereot, whether as a
trademark or commercial mark or as @ component of such marks, or for a purpose contrary to
fair trade, or in circumstances likely to wound Swiss national sentiment, is likewise prohibited at
all times. Offenders shall be punished by a fine not less than Twenty Thousand Pesos
(20,000.00).

SEC, 14. interim Measures. The Department of National Defense, the Department of
Trade and Industry, the Department of Health and ihe Department of Interior and Local
Government shall take the necessary interim measures such as order the seizure of objects and
materiats marked in violation of this Act, demand the removal of the red cross and red crescent
‘emblem or the words ‘Red Cross” and “Red Crescent’ or their transiation in any official
language and dialect at the expense of the instigator of the crime and order the forfaiture 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 diatect,
prior ta the adoption of Additicna Protocol Ill shall be permitted to continue such use; provided.
that the use shall not be such as would appear, in time of armed canflict, to confer protection
under the Geneva Conventions and their Additional Protocols: and 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 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 inte 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 (rom promulgation of this Act

Objects, materials and products abovementioned shall be disposed of by the Philippine
National Red Cross accordingly.

SEC. 18. Registration of Associations, Tradenames and Trademarks. The Securities
and Exchange Commission, the Intellectual Property Office and the Department of Trade and
Industry, shall refuse respectively, the registration of associations, and 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 thelr transtation in any official language and dialect
in violation of this Act


PART 4. RELATIONSHIP WITH OTHER LAWS = +

SEC, 46. Relationship with the Constitution, This Act shall supplement the
Constitution, specially its Bill of Rights, its relevant provisions on international law and human

rights and jurisprudence thereon.

SEC. 17. Relationship with International Law. In the application and interpretation of
this statute, the Philippine courts shal! be guided by the following instruments and developments
in intemational Saw:

A

(8)

iol)

@)

e

Fy

The 1948 Geneva Conventions !V and their 1977 Additional Protacals | & Il and
2005 Additional Protocat Il

Regulations on the Use of the Embtem of the Red Cross or the Red Crescent by
the National Societies, as adopted by the 20" international Conference of the
Red Cross, and subsequent amendments;

Resolution 1 of the 29” international Conference of the Red Cross and Red
Crescent

Intemational criminal taw jurisprudence from the international criminal tribunals.
specially 25 may come from the Intemational Criminal Court in The Hague:

Relevant and applicable international human rights instruments and

jurisprudence, mainly fram 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 rutes of
aw. \

SEC. 18. Relationship with the Revised Penal Code and Other Relevant Laws. The
Revised Penal Code shall be suppletory to this statute for purpases of criminat investigation,

prosecution and trial of crimes under this Act. For these purpases, in case of conflict, this statute

shall prevail over the Revised Penal Gade. The same relationship with this statute applies to the

Civil Code of the Philippines and special laws of 3 criminal and/or civil nature, such as on

matters of civil ability. This Act is without prejudice to the application of the Unifarm Rules on

‘Administrative Cases in the Civil Service insofar as the admmistrative liability of a public officer

is concemed.

SEC. 19. Relationship with the Revised Rules an Criminat 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 Comoration Code
and the Department of Trade and industries Rutes and Regulations. The Intetlectual
Property Gode, the Corporation Code and the Department of Trade and Industry Rules and
Regulations shall be suppletory to this statule for purposes of registration of corporations
associations, partnerships, single proprielorships; and tradenames and the fling of trademarks,
commerciat 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 tanguage and dialect under this Act. For these purposes. in
case of conflict, this statute shall prevails over the Intellectual Property Code, the Corporation
Code and the Department of Trade and industry's Rules and Regulations.

PART 5. COURTS, PROSECUTORS AND INVESTIGATORS

SEC, 21. Philippine Courts, Prosecutors and Investigators. The Regional Triat
Courts or the Metropolitan Trial Courts of the Philippines, as the case may be, shall have
original and exclusive jurladiction over the crimes punishable under this statute, Their judgments
may be appealed or elevated to the Court of Appeals and to the Supreme Court under the
existing system of jurisdiction of Philippine Courts.

‘The Supreme Court and the Department of Justice shall ensure that judges prosecutors
and investigators receive effective training regarding the crimes punishable under this statute.

PART 6. FINAL PROVISIONS:

SEC. 22, Implementing Rules and Regulations. in relation to Section 8(2), Part 8
hereof, the Department of National Defense. the Department of Interior and Local Government,
the Department of Heatth and the Department of Trade and Industry in consultation with the
Philippine Nationa! Red Cross shail adopt the Implementing Rules and Regulations (IRR) within
five (5) months upon promulgation of this Act.

SEC. 23. Repealing Clause, All tows, presidential decrees and issuances, executive

orders, rules and regulations of parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 24. 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


SEC. 25, Suppletory Clause. This Act shall be suppletory to additional intemationat

humanitarian laws as may be promulgated by Congress.

SEC, 26, Effectivity. This Act shall take effect fifteen (18) days after its publication in
two national newspapers of general circulation. This publication shail not be fater than seven (7)
days after the approval hereof,

Approved,


Republic of the Philippines
House of Representatives
_ Quezon City, Metro Manila

Fifteenth Congress
First Regular Session |

Introduced by the Honorable Simeon A. Datumanong,

Explanatory Note

The international organizations that render emergency assistance, disaster
relief, charitable endowments, and humanitarian efforts in times of peace and armed
conflict deserve the definitive safeguard of all peace-loving States in which they
operate to ensure the continuation of their impartial functions therein. Their
contributions to society are unmistakably grand and their endeavours are
unparalleled.

In this light, this Bill seeks to define the use and protection of the Red Cross,
the Red Crescent, the Red Crystal and the Red Lion and Sun emblems, and provide
penalties for violations therefor. it will not only protect the integrity of these
humanitarian organizations but will also deter the abusive and invalid usages of
their emblems and insignias to advance any ends in times of conflicts and

emergencies

The passage of this Bill is long overdue considering that we adhere to the
Hague Convention IV of 1907 and the 1949 Geneva Convention and their Additional
Protocols on the protection of victims of war. Our government should endeavour to
honor its international commitment by expeditiously enacting this Bill into law to
show the community of nations that we are truly a bastion of democracy and the rule

of law.
2h District, Maguindanao



Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

Fifteenth Congress
First Regular Session

qu"e 623
House Bill No.

Introduced by the Honarable Simeon A. Datumanong,

AN ACT
‘DEFINING THE USE AND PROTECTION OF THE RED CROSS, THE RED
CRESCENT, THE RED CRYSTAL AND THE RED LION AND SUN EMBLEMS,
PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER
PURPOSES

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

PART1
INTRODUCTORY PROVISIONS

SECTION 1. Short Title. - This Act shall be known as “The Red ‘Cross
and Other Emblems Act of 2009”.

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.

(b) The State adopts the provisions of the Hague Convention IV of 1907
and the 1949 Geneva Convention and their Additional Protocols on the protection of

victims of war insofar as they have been ratified or have become part of generally



“emblems baih in times of peace and in tities of armed cor

accepted principles of international law.
(©) The State shall secure the protective use and indicative use of the
ih 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 victims

of war.
(d) The misuse of the Red Cross, the Red Crescent, the Red Crystal and the

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.

SEC.3 Definition of Terms. - For purposes of this Act, the term:

(2) “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 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 UII of Annex I to the Additional Protocol to the Geneva Conventions of 12
August 1949, and relating to the Protection of Victims of International Armed
Conflicts (Protocol 1), being the signals of identification for medical units and
transport, namely: the blue light signal, the radio signal and electronic means of
identification.

(©) “Emblem” means the Red Cross, the Red Crescent, the Red Crystal and
the 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 the Red Crescent. The emblem shall be small in size. -

(©) “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



lye
latter believe that he/she is entitled (0 receive or is toqconferred the protection
provided for by the rules of international humanitarian law.

‘protection conferred“ by——

{iy “Pifstaéétive use” means the visible sigtt
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.

i (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

ground, as illustrated in Article 4, Chapter [V of Annex I of the Additional 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

surpunded by, a white ground, 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.

(“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 ground, as illustrated in Additional Protocol [II to the
Geneva Conventions.

(i) “Red Lion and Sun” , when used to signify a heraldic emblem, means
an embiem 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 ON THE USE OF THE RED CROSS, THE RED CRESCENT,
THE RED CRYSTAL AND THE RED LION AND SUN EMBLEMS.

SEC.4 Protective Use by the Medical Service of the Armed Forces of the -
Philippine. - 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 thé ground, Séa and air.
Medical personnel of the AFP shall wear armlets and carry identify cards
displaying the Red Cross emblem. These armlets and identify cards shall be issued

by the DND.
Religious personnel attached to the armed forees 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, enjoying equal
status under the Geneva Conventions and their Additional Protocols.

SEC. 5. Protective Lise 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 National Red Cross (PNRC). 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 shall be
issued by the DOH.

Civilian religious personnel attached to hospital and other medical units shall
likewise be similarly identified with armlets and identity cards.

SEC. 6. Protective Use by the Phrilippine National Red Cross - The Philippine

National Red Cross 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 be subject to military security
as @ 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 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 Philippine National Red Cross 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.

SEC. 7. Indicative Use by the Philippine National Red Cross and National
Societies. - The Philippine National Red Cross is authorized to use the emblem as an
indicative device. It may, in exceptional circumstances as determined by the
Philippine National Red Cross, 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 Philippine National Red Cross, be

entitled to use the emblem under the same conditions.

SEC.8. Indicative Use by the International Organizations of the International
Red Cross and the Red Crescent Movement. - The International Committee of the Red
Cross and 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 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 authorized personnel,
may make use of the Red Crystal emblem in exceptional circumstances and to

facilitate their work.



PART3
Control and Penalties
meni, — The DN, the DOH and the ~~

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,
the Red Crystal, and the Red Lion and Suny 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 signal. 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
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 Geneva Conventions and
their Additional Protocols, and by providing appropriate sanctions in cases of

misuse.

SEC.10. Role of the Philippine National Red Cross. ~ The Philippine National
Red Cross 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.

SEC. 11. Misuse of the Red Cross, the Red Crescent, the Red Crystal or the Red
Lion and Sun Emblem as an Indicative Device in Peacetime and in Time of Armed Conflict.-
Any person who willfully, and without entitlement, make use of the Red Cross, the
Red Crescent, the Red Crystal and the 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 has displayed the said emblems or word 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
—— ~~ (20,000.00) bit not more than ‘Forty’ ‘thousand pesos (P40000.00) 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/she
may be ordered deported and blacklisted after serving his/her sentences.

In addition, the court may order the forfeiture in favor of the Philippine
National Red Cross 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.

SEC. 12. Misuse of the Red Cross, the Red Crescent, the Red Crystal or the Red Lion
and Sun Emblem as a Protective Device in Time of Armed Conflict. - (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, the Red Crescent, the Red Crystal or the Red Lion and Sun emblem,
ot a distinctive signal shall be deemed to have committed a war crime. If the act
results in the death of an adversary, the penalty shall be reclusion perpetua and a fine
of not [ess than Two hundred thousand pesos (P200,000.00) but not more than Five
hundred thousand pesos (P500,00.00) at the discretion of the court, or reclusion
temporal and a fine of 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 docs not result in death or
serious harm to the body or health of an adversary, shail be punished by prision
correccional and a fine of not less than Fifty thousand pesos (P50,000.09) but not more
than One hundred thotsand pesos (P100,000.00) 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
(b) Any person who, in time of armed conflict and without entitlement, has
— willfully used thé Réd Cross, the Red Crescent, the Red Crystal or thé Réd Lion and
Sun emblem, or a distinctive signal or any other signal which constitutes an imitation
thereof or which might lead to confusion, shall be punished by prision correccional in
its medium period and a fine of not less than Forty thousand pesos (P40,000.00) but
not more than Eighty thousand pesos (P80,000.00) 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, frustee, 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/she
smay be ordered deported and blacklisted after serving his/her sentence.

In addition, the court may order the forfeiture in favor of the Phitippine
National Red Cross of any proceeds, property or assets upon which an emblem,
designation, design, wording or sign used directly or indirectly in violation of this
Act, including any identity cards, insignia or uniforms used in connection therewith.

SEC. 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, the Red Crescent or
the Red Lion and Sun emblem or the words “Red Cross”, “Red Crescent” and “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 Protoco! HI (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 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 Croés, the Red Crescent, the Red
Crystal or the Red Lion and Sun emblem or any sign constituting, an imitation



thereof, 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 AGE shall voluntarily céase anid désist from sing the satte"arid 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 abovementioned shall be disposed of by the
Philippine National Red Cross accordingly.

SEC.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; and 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 and of the words “Red Cross”, “Red Crescent”, “Red Crystal” or
the “Red Lion and Sun” or their translation in any official language and dialect in

violation of this Act.

PART 4
RELATIONSHIP WITH OTHER LAWS

SEC.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 jurisprodence thereon.

SEC. 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 LIV and theit 1977 Additional Protocols
Land Il and the 2005 Additional Protocol ne

(6) Regulations on the Use of the Emblem of the Red Cross or the Red



Crescent by the National Societies, as adopted by the 20® International Conference of
the Red Cross, and subsequent amendments;

— (ce) Resolutions T of the 29% International Conferénce of thé Red Cross and”

Red Crescent;
di) Internati criminal law jurisprudence from the international
ional jurispy

criminal tribunals, especially as may come from the International Criminal Court in

The Hague; i
(e) Relevant and applicable international human rights instruments and
jurisprudence, mainly from the United Nations System; and
(9) Teachings of the most highly qualified publicists and authoritative

commentaties on the foregoing sources as subsidiary means for the determination of

rules of law.

SEC.17. _ Relationship with the Revised 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
Jaws 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.

SEC.18. Relationship with the Revised Rules on Criminal Procedure. - The
Revised Rules on Criminal Procedure shall be suppletory to this statute, as well as
the 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. 19. Relationship with the Intellectual Property Code, the Corporation
Code and the Depaftment of Trade and Industry's Rules and Regulations = The Intellectual
Property Code, the Corporation Code and the DTI’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,

~ ——Follective marks, other Marks of owneihip, utility iiodels avid industrial designs ~~
making use of the emblem of the Red Cross, the Red Crescent, the Red Crystal or the
: Red Lion and the Sun and of the words “Red Cross”, “Red Crescent”, “Red Crystal”
and “Red Lion and Sun” or their translation in any official Ianguage and dialect
t 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’s rules and

regulations.

PARTS
FINAL PROVISIONS

SEC. 20. implementing Rules and Regulations - The DND, the DOH and the
DTI, in consolidation with the Philippines National Red Cross, shall adopt the
implementing tules and regulations (IRR) within (5) months after the effectivity of
this Act.

SEC.21.  Suppletory Effect. - This Act shall be suppletory to other
international humanitarian laws as may be promulgated by Congress.

SEC. 22. Separability Clause. - If, for any reason or reasons, any part or
provision of this Act shall be held to be unconstitutional or invalid, the other parts or
provisions hereof which are not affected thereby shall continue to be in full force and
effect.

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, Effectivity - This Act shall take effect fifteen (15) days after its

“publications in any newspaper of general circulation.





FACT SHEET
HOUSE BILL NOS. 307, 440 AND 628

“———" (approved by the Committee on09 February 2011) —

AN ACT DEFINING THE USE AND PROTECTION OF THE RED CROSS, THE
RED CRESCENT, THE RED CRYSTAL AND THE RED LION AND SUN
EMBLEMS, PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR
OTHER PURPOSES

Introduced by: REPS. GOLEZ, ANGARA AND DATUMANONG

Committee Referral: COMMITTEE ON JUSTICE (Primary)
COMMITTEE ON HUMAN RIGHTS (Secondary)

Committee Chairpersons: REP, NEIL C. TUPAS, JR.
REP. RENE L. RELAMPAGOS

OBJECTIVES:

To define the use and protection 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 in order to protect the same from misuse

KEY PROVISIONS:

«Allows the use of the Red Cross, Red Crescent. Red Crystal and the Red Lion
and Sun emblems by the medical service of the Armed Forces of the Philippines.
Hospitals and Other Civilian Medical Units, the Philippine National Red Cross,
and the international Organizations of the international Red Cross and Red
Crescent Movement.

« Penalizes the unlawful use of the said emblems and words by any other person
oF entity, aside from those allowed by this bill

* Mandates the Department of National Defense, Department of Health and the
Department of Trade and Industry as the appropriate government and regulating
bodies to ensure strict compliance of the law.

RELATED LAWS:

«1949 Geneva Convention I-IV and their additional Protocols | & I! of 1977 and the
additional Protocot |It of 2005

* Regulations adopted by the 20" Intemational Conference of the Red Cross and
Red Crescent and subsequent amendments



* Resolution 1 of the 29" Intemational Conference of the Red Cross and Red
Cres

* RA. No. 95, as amended by R.A. No. 855, R.A. No. 6373 and Presidential
Decree 1264 (An Act to Incorporate the Philippine National Red Crass)

«1987 Constitution of the Philippines, Article III (Bill of Rights)
« Revised Penal Code of the Philippines

» Intellectual Property Code of the Philippines

* Corporation Code of the Philippines



~ Houwe ot Represeciattves
Committee Affaire Department

L8¢aL CLUSTER

. . eee “Reoetved by rs fog
i Republic of the Phili Date
vw ; : tf
i “HOUSE OF REPRESENTATIVES —§ ——"“7-
: Quezon City, Metro Manila
-* 15" Congress
1s Regular Session
COMMITTEE ON JUSTICE
FOR : THE HONORABLE SPEAKER
THRU = THE DEPUTY SECRETARY GENERAL FOR COMMITTEE AFFAIRS:
RE : ‘SPOT REPORT OF THE MEETINGS OF THE COMMITTEE ON JUSTICE HELD On 09
FEBRUARY 2011, TUESDAY, 9:30 A.M. AE CONFERENCE ROOM NO 11, #4:
BUILDING, HOUSE OF REPRESENTATIVES.
DATE : O09 FEBRUARY 2014

A. JOINT WITH THE COMMITTEE ON HUMAN RIGHTS

+ The Committee on Justice and the Committee on Human Rights approve:
Committee Report on the Substitute Bill to House Bill Nos. 307, 440 and 2
respectively authored by Reps. Roilo Golez, Juan’ Edgardo Angara and Sis
Datumanong, re: Defining the Use and Protection of the Red Cross, Red Cre:
Red Crystal and Red Lion and Sun Emblems, Providing Penalties for Viciacens
Thereof and for Other Purposes.

8. COMMITTEE ON JUSTICE

* The Committee on Justice approved the Committee Revort on the Substitute &: tO
House Bili Nos. 214, 237, 1767, 2438, 2681, 2795 ‘and 3834, res
authored-by Reps. Magtanggot Gunigundo |, Pedro Romualdo, Florencio Mir
Mercedes Alvarez, Rogelio Espina,

Person Appearing in the Civil Register Without Need of a Judicial Order, Amend., for
the Purpose the Pertinent Provisions of Republic Act No. 9048. Reps, Tecsioro
Casifio and Rene Retampagos, chairman of the Comimittee on Human Frente,
‘smanifested their intention to be made co-authors of the substitute bill.

* The Committee also approved the Committee Report on the various substiture sists
to House Bills re: creation of additional court salas, to wit:

+ HB Nos. 60 and 2157 re: 3 RTC branches (Davao City} by Rep. Karlo Nogra:

+ HB Nos. 126 re: 2 RTC branches (Municipalities of Compostela and mauni,
Province of Compostela Valley) by Rep. Ma. Carmen Zamora -Apsay

* HB No. 142 re: RIC branch (City of Tanauan, Batangas) by Rep. Nelson Col

+ HB No. 463 and 688 re: 6 MeTC branches and 2 RTC branches (Vaienzuels ©
by Reps. Magtanggol Gunigundo | and Rexion Gatchalian



+ HB No. 335 re: RTC branch (Pili, Camarines Sur) by Rep. Luis Vitlafuerte

© HB Nos. 525, 526 and 527 re: 2 RIC branches and branch (Naga,

~-Carcar City, Cebuy by Rep. Eduardo | ~~

* HB No, 1108 re: RTC branch (Municpality of Cali

Fleandro Jesus Madrona

H8 No, 1115 re: 2 RTC branches Tacloban) by Rep. Ferdinand Marlin Rom ualdez

HB No. 1174 re: 2 RTC branches (Barotac Viejo, lloilo) by Rep. Niel Tupas, Jr.

HB No. 1345 re: RTC branch (Bislig, Surigao del Sur) by Rep. Florencio Ga: ay

HB No. 1482 re: RTC branch (Bogo, Cebu City) by Rep..Benhur Salimbangon

HB Nos. 2049, 2178 and 2179 re: § RTC branches (Calamba, Cabuyao aid Los

Bafios, Laguna) by Rep. justin Chipeco

HB No, 2226 re: RTC branch (Lubuagan, Kalinga) by Rep. Manuel Agyao

+ HB No. 2721 re: RTC branch {(Sagay City, Negros Occidental) by Rep. Atfredo
Marafion Ill +

«HB No. 619 re: RTC branch (Casiguran, Aurora) by Rep: Juan Edgardo Angara

+ HB No. 1407 re: 1407 re: 2 MTC branches (Cagayan de Oro) by Rep. Rufus
Rodriguez

© HB Nos. 426 and 2455 re: 4 RIC branches (Zamboanga City) by Rep, Maria
Isabelle Climaco and Erico Basilio Fabian

HB No. 1904 re: RTC branch (Carmona, Cavite) by Rep. Roy Loyola

‘+ HB No, 2720 re: RTC branch (Guimbai, tloilo) by Rep. Janette Garin

« HB No. 3060 re: 2 RTC branches (Sta. Rosa, Laguna) by Rep. Danilo Ramon
Fernandez .

« HB No. 3229 re: § MeTC branches (Muntinlupa City) by Rep. Rodolfo Biazun

* HG No, 3256 re: 2 RTC branches (La Carlota and Bago, Negros Occkdental) by
Rep. Jeffrey Ferrer

+ HB No. 3459 re: 2 MTC branches (Puerto Princesa) by Rep. Victoring Dennis
Socrates

HB No. 2395 re: 3 RTC branches and 2 MeTC branches (Navotas) by Rep. Tobias
Tiangco

‘+ HB'No. 3206 re: RTC branch (Isabela) by Rep. Rodolfo Albano *

jocan, Romblon} ty Rep.

Propared by: Noted by:
Mees ad
ATTY. NARCISA H. GUEVARRA Wf
Committee Secretary
ec: The Deputy Speaker
‘Tha Honorable Ghairman, Committee on Rules
The Secretary General

‘The Executive Director, Committee Affairs Department
The Deputy Executive Director, Committes Affairs Department
‘Tho Service Director, Committes Admninistrative Support Service