f i ' 
FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Sessiolt 
) 
SENATE 
S.B. No. 2045 
Introduced by Senator EDGARDO J. ANGARA 
EXPLANATORY NOTE 
The country's enduring commitment to international efforts mitigating the adverse 
effects caused by war can be traced back to the post-World War II 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 other situations of violence, and identify 
the members of the Movement. 
It then only took two months for the country to establish its National Red Cross 
(PNRC) through promulgation of Republic 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 Additional Protocol II and the 2005 
Additional Protocol III. It has signed but not 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 international humanitarian efforts, a stricter and broader national 
legislative regime should be put in place. 
Thus, the provisions of this bill seek to define the use and protection of the Red 
Cross, Red Crescent and Red Crystal emblems, to wit: 
• 
Defining the emblems' use: 
I 


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 International 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 
Anned Conflict. 
The, approval ofthis bill is earnestly sought. 
~.-vf /A 
EDGARDO J. ANGARA 
2 


1 
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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 2045 
Introduced by Seuator EDGARDO J. ANGARA 
AN ACT DEFINING THE USE AND PROTECTION 
OF THE RED CROSS, RED CRESCENT AND 
RED CRYSTAL EMBLEMS 
10 
Be it enacted in the Senate and House of Representatives of the Philippines in the 
Congress assembled: 
PART 1. INTRODUCTORY PROVISIONS 
3 
SECTION 1. Short Title. This Act shall be known as "The Red Cross and Other 
4 
Emblems Bill." 
5 
6 
7 
8 
9 
10 
II 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
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 Conventions and the 1949 
Geneva Conventions and their Protocols insofar as they have been ratified or 
have become part of generally accepted principles of international law. 
(C) The misuse of the red cross, red crescent or red crystal emblem and of the 
words "Red Cross", "Red Crescent" or "Red Crystal" or their translation in 
any official language and dialect shall not go unpunished. Their effective 
prosecution shall be ensured by taking measures at the national level. 
I 


1 
PART 2. RULES ON THE USE OF THE RED CROSS, THE RED CRESCENT 
2 
AND THE RED CRYSTAL EMBLEMS 
3 
4 
SEC. 3. Definition of Protective Use and Indicative Use. The emblem used as a 
5 
protective device during armed conflict is the visible sign of the protection conferred by 
6 
the Geneva Conventions and their Additional Protocols on medical personnel and medical 
7 
units and transports in time of armed conflict. The dimensions of the emblem shall 
8 
therefore be as large as possible. 
9 
10 
Indicative use of the emblem shows that a person or an object is linked to an 
11 
institution of the International Movement of the Red Cross and Red Crescent. The emblem 
12 
shall be small in size. 
13 
14 
SEC. 4. Protective Use by the Medical Service of the Armed Forces of the 
15 
Philippines. Under the control of the Department of National Defense, the medical service 
16 
of the Armed Forces of the Philippines (AFP) shall, both in peacetime and during armed 
17 
conflict, use the Red Cross emblem to identify its medical personnel, medical units and 
18 
transports on the ground, sea and air. 
19 
20 
Medical personnel shall wear armlets and carry identity cards displaying the Red 
21 
Cross emblem. These armlets and identity cards shall be issued exclusively by the 
22 
Department of National Defense. 
23 
24 
Religious personnel attached to the armed forces shall be afforded the same 
25 
protection as medical personnel and shall likewise be similarly identified with armlets and 
26 
identity cards. 
27 
28 
Where this may enhance protection, medical and religious personnel attached to the 
29 
armed forces may, without prejudice to the use of their present respective emblems, make 
30 
temporary use of either of the other distinctive emblems recognized by, and enjoying equal 
31 
status under the Geneva Conventions and their Additional Protocols. 
32 
, 
33 
SEC. 5. Protective Use by Hospitals and Other Civilian Medical Units. The 
34 
Depa11ment of Health or the local government unit (LGU), whichever is exercising control 
35 
over the hospitals, civilian medical personnel, civilian and civilian medical transports, 
2 


assigned in particular to the transport and treatment of the wounded, sick and shipwrecked, 
2 
shall authorize the same to be marked with the Red Cross emblem used as a protective 
3 
device in time of anned conflict, in consultation with the Philippine National Red Cross 
4 
5 
The Department of Health and local government units (LGUs) in this regard, shall 
6 
work together with the Department of National Defense, which may, if necessary, give 
7 
advice and assistance. 
8 
9 
Civilian medical personnel shall wear annlets and carry identity cards displaying 
10 
the Red Cross emblem. These annlets and identity cards shall be issued by the Department 
II 
of Health and local government units (LGUs). 
12 
13 
Civilian religious personnel attached to hospitals and other medical units shall be 
14 
afforded the same protection as medical personnel and shall likewise be similarly identified 
15 
with armlets and identity cards. 
16 
17 
SEC. 6. Protective Use by the Philippine National Red Cross. The Philippine 
18 
National Red Cross is authorized to place medical personnel and medical units and 
19 
transpOlis at the disposal of the medical service of the armed forces. 
20 
21 
Such personnel, units and transportation shall be subject to military laws and 
22 
regulations and may be authorized by the Department of National Defense to display as a 
23 
protective device the emblem of the red cross or where this may enhance protection, to 
24 
make temporary use of either of the distinctive emblems recognized by, and enjoying 
25 
equal status, under the Geneva Conventions and their Additional Protocols. 
26 
27 
Such personnel shall wear armlets and carry identity cards, in accordance with 
28 
Section 4, paragraph 2 of this Act. 
29 
30 
The Philippine National Red Cross may be authorized to use the emblem as a 
31 
protective device for its medical personnel and medical units in accordance with Section 5 
32 
of this Act. 
33 
34 
SEC. 7. Indicative Use by the Philippine National Red Cross and National 
35 
Societies. The Philippine National Red Cross is authorized to use the emblem as an 
3 


indicative device. It may, in exceptional circumstances and to facilitate its work, make 
2 
temporary use of the red crystal. It shall apply the "Regulations on the Use of the Emblem 
3 
of the Red (:ross or the Red Crescent by the National Societies." 
4 
5 
National societies of other countries present in the territory of the Republic of the 
6 
Philippines shall, with the consent of the Philippine National Red Cross, be entitled to use 
7 
the emblem under the same conditions. 
8 
9 
SEC. 8. Indicative Use by the International Organizations of the International 
10 
Red Cross and Red Crescent Movement. The International Committee of the Red Cross 
11 
and the International Federation of Red Cross and Red Crescent Societies may make use of 
12 
the emblems of the red cross or the red crescent at any time and for all their activities. 
13 
14 
The International Committee of the Red Cross and the International Federation of 
15 
Red Cross and Red Crescent Societies, and their duly authorized personnel, may make use 
16 
of the red crystal in exceptional circumstances and to facilitate their work. 
17 
18 
PART 3. CONTROL AND PENALTIES 
19 
20 
SEC. 9. Control Measures and Enforcement. The Department of National 
21 
Defense, the Department of Health, the Department of Interior and Local Government and 
22 
the Department of Trade and Industry shall at all times ensure strict compliance with the 
23 
rules governing the use of the emblems of the red cross, the red crescent or the red crystal, 
24 
the name "Red Cross", "Red Crescent" or "Red Crystal" or their translation in any official 
25 
language and dialect or the distinctive signals. They shall exercise strict control over their 
26 
respective personnel authorized to use the said emblems, names and signals. 
27 
28 
They shall take every appropriate step to prevent misuse, III particular by 
29 
disseminating the rules in question as widely as possible among the armed forces, the 
30 
police forees, the instrumentalities of the State and the civilian popUlation. They shall 
31 
likewise issue instructions to national civilian and military authorities on the use of the 
32 
distinctive emblem in accordance with the Geneva Conventions and their Additional 
33 
Protocols and by providing for the necessary administrative and disciplinary sanctions in 
34 
cases of misuse. 
35 
4 


SEC. 10. Role of the Philippine National Red Cross. The Philippine National Red 
2 
Cross shall cooperate with the Department of National Defense, the Department of Health, 
3 
the Department of Interior and Local Government and the Department of Trade and 
4 
Industry in their efforts to prevent and repress any misuse. It shall be entitled to inform 
5 
them of such misuse and to participate in relevant criminal, civil or administrative 
6 
proceedings. 
7 
8 
SEC. 11. Misuse of the Red Cross, the Red Crescent or the Red Crystal Emblem 
9 
as an Indicative Device in Peacetime and In Time of Armed Conflict. Any person who 
10 
willfully and without entitlement, make use of the red cross, red crescent or red crystal 
II 
emblem; the words "Red Cross", "Red Crescent" or "Red Crystal" or their translation in 
12 
any official language and dialect; a distinctive signal or any other sign, designation or 
13 
signal which constitutes an imitation thereof or likely to cause confusion or mistake or to 
14 
deceive the general public, irrespective of the purpose of such use; any person who, in 
IS 
particular, has displayed the said emblems or words on signs, posters, announcements, 
16 
leaflets or commercial documents, or has affixed them to goods or packaging, or has sold, 
17 
offered for sale or placed in circulation goods thus marked; shall be punished by 
18 
imprisonment of not more than one (1) year and/or a fine of not less than Twenty 
19 
Thousand Pesos (P20,000.00). 
20 
21 
If the misuse is committed by the management of a corporate body, the punishment 
22 
shall apply to the persons who committed the crime or ordered the commission of the 
23 
offense. If the person convicted is a foreigner, he may be ordered deported upon service of 
24 
his penalty. 
25 
26 
In addition, the court may order the forfeiture in favor of the Philippine National 
27 
Red Cross of any proceeds, property, assets upon or directly or indirectly in connection 
28 
with which an emblem, designation, design, wording or sign which was used in the 
29 
commission of the offense without prejUdice to the rights of bona fide third parties. 
30 
31 
SEC. 12. Misuse of the Red Cross, the Red Crescent or the Red Crystal Emblem 
32 
as {/ Protective Del)ice in Time of Armed Conflict. (I) Any person who willfully commits 
33 
or gives the order to commit acts resulting in the death of, or causing serious harm to the 
34 
body or health of an adversary by making perfidious use of the red cross, red crescent or 
35 
red crystal emblem, or a distinctive signal shall be deemed to have committed a war crime 
5 


and shall be punished by reclusion perpetua or imprisonment of twenty (20) years to one 
2 
(1) day to forty (40) years and a fine not less than One Hundred Thousand Pesos 
3 
(PIOO,OOO.OO) at the discretion of the court if the act results in death of an adversary or 
4 
reclusion temporal or imprisonment of twelve (12) years and one (1) day to twenty (20) 
5 
years and a fine not less than One Hundred Thousand Pesos (PlOO,OOO.OO) at the discretion 
6 
of the court if the act results in serious harm to the body or health of an adversary. 
7 
8 
Perfidious use of the red cross, red crescent or red crystal emblem, or a distinctive 
9 
signal which does not result in death or serious hann to the body or health of an adversary 
10 
shall be punished by prision correccionai in its minimum and medium periods or 
II 
imprisonment of not less than (6) years and one (1) day to ten (10) years and a fine not less 
12 
than One Hundred Thousand Pesos (PlOO,OOO.OO) at the discretion ofthe court. 
13 
14 
The court may also impose the corresponding accessory penalties under the 
15 
Revised Penal Code, especially where the offender is a public officer. 
16 
17 
Perfidious use means appealing to the good faith of the adversary, with the 
18 
intention to deceive him and make him believe that he was entitled to receive or was 
19 
obliged to confer the protection provided for by the rules ofinterna(ional humanitarian law. 
20 
21 
(2) Any person who in time of anned conflict has willfully used and without 
22 
entitlement the red cross, red crescent or red crystal emblem, or a distinctive signal or any 
23 
other signal which constitutes an imitation thereof or which might lead to confusion, shall 
24 
be punished by imprisonment of not more than one (1) year and/or a fine of not less than 
25 
Twenty Thousand Pesos (P20,000.00). 
26 
27 
if the crime is committed by the management of a corporate body, the punishment 
28 
shall apply to persons who committed the crime or ordered the commission of the crime. 
29 
30 
In addition, the court may order the forfeiture in favor of the Philippine National 
31 
Red Cross of any proceeds, property, assets upon or directly or indirectly in connection 
32 
with which an emblem, designation, design, wording or sign was used in the commission 
33 
of the crime; and any identity cards, insignia or unifonns used in the commission of the 
34 
crime. 
35 
6 


SEC. 13. Misuse of the White Cross on a Red Ground. Owing to the confusion 
2 
which may arise between the arms of Switzerland and the emblem of the red cross, the use 
3 
of the white cross on a red ground or of any other sign constituting an imitation thereof, 
4 
whether as a trademark or commercial mark or as a component of such marks, or for a 
5 
purpose contrary to fair trade, or in circumstances likely to wound Swiss national 
6 
sentiment, is likewise prohibited at all times. Offenders shall be punished by a fine not less 
7 
than Twenty Thousand Pesos (P20,000.00). 
8 
9 
SEC. 14. Interim Measures. The Department of National Defense, the Department 
10 
of Trade al'\d Industry, the Department of Health and the Department ofInterior and Local 
II 
Government shall take the necessary interim measures such as order the seizure of objects 
12 
and materials marked in violation ofthis Act, demand the removal of the red cross and red 
13 
crescent emblem or the words "Red Cross" and "Red Crescent" or their translation in any 
14 
official language and dialect at the expense of the instigator of the crime and order the 
15 
forfeiture or destruction ofthe instruments used for their reproduction. 
16 
17 
Persons making use of the red crystal emblem or of any sign constituting an 
18 
imitation thereof or the words "Red Crystal" or any translation thereof in any official 
19 
language and dialect, prior to the adoption of Additional Protocol III shall be permitted to 
20 
continue such use; prOVided, that the use shall not be such as would appear, in time of 
21 
armed conflict, to confer protection under the Geneva Conventions and their Additional 
22 
Protocols; and provided further, that such rights were acquired prior to the effectivity of 
23 
this Act. 
24 
25 
Otherwise, persons making use of the red cross, the red crescent or red crystal or 
26 
any sign constituting an imitation thereof or the words "Red Cross", "Red Crescent" or 
27 
"Red Crystal" or their translation in any official language and dialect upon entry into force 
28 
of this Act, shall voluntarily cease and desist from using the same and withdraw from the 
29 
market any and all products bearing the same within two (2) months from promulgation of 
30 
this Act. 
31 
32 
Objects, materials and products abovementioned shall be disposed of by the 
33 
Philippine National Red Cross accordingly. 
34 
7 


I 
SEC. 15. Registration of Associations, Tradenames and Trademarks. The 
2 
Securities and Exchange Commission, the Intellectual Property Office and the Department 
3 
of Trade and Industry, shall refuse respectively, the registration of associations, and the 
4 
registration of tradenames and the filing of trademarks, commercial marks and industrial 
5 
models and designs making use of the emblem of the red cross, red crescent or red crystal 
6 
and of the words "Red Cross", "Red Crescent" or "Red Crystal" " or their translation in 
7 
any official language and dialect in violation of this Act. 
8 
9 
PART 4. RELATIONSHIP WITH OTHER LAWS 
10 
II 
SEC. 16. Relationship with the Constitution. This Act shall supplement the 
12 
Constitution, specially its Bill of Rights, its relevant provisions on international law and 
13 
human rights and jurisprudence thereon. 
14 
IS 
SEC. 17. Relationship with International Law. In the application and 
16 
interpretation of this statute, the Philippine courts shall be guided by the following 
17 
instruments and developments in international law: 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
(A) 
(8) 
(C) 
(D) 
(E) 
The 1949 Geneva Conventions I-IV and their 1977 Additional Protocols I & 
II and 2005 Additional Protocol III; 
Regulations on the Use of the Emblem of the Red Cross or the Red 
Crescent by the National Societies, as adopted by the 20th International 
Conference of the Red Cross, and subsequent amendments; 
Resolution I of the 29th International Conference of the Red Cross and Red 
Crescent 
International criminal law jurisprudence from the international criminal 
tribunals, specially as may come from the International Criminal Court in 
The Hague; 
Relevant and applicable international human rights instruments and 
jurisprudence, mainly from the United Nations system; and 
8 


1 
2 
3 
4 
(F) 
Teachings of the most highly qualified publicists and authoritative 
commentaries on the foregoing sources as subsidiary means for the 
detennination of rules of law. 
5 
SEC. 18. Relationship with the Revised Penal Code and Other Relevant Laws. 
6 
The Revised Penal Code shall be suppletory to this statute for purposes of criminal 
, 
7 
investigation, prosecution and trial of crimes under this Act. For these purposes, in case of 
8 
conflict,. this statute shall prevail over the Revised Penal Code. The same relationship with 
9 
this statute applies to the Civil Code of the Philippines and special laws of a criminal 
10 
and/or civil nature, such as on matters of civil liability. This Act is without prejudice to the 
II 
application of the Uniform Rules on Administrative Cases in the Civil Service insofar as 
12 
the administrative liability of a public officer is concerned. 
13 
14 
SEC. 19. Relationship with the Revised Rules on Criminal Procedure. The 
IS 
Revised Rules of Criminal Procedure shall be suppletory to this statute and to additional 
16 
special rules of criminal procedure as may be fonnulated by the Supreme Court for the 
17 
investigation, prosecution and trial of crimes under this statute. 
18 
19 
SEC. 20. Relationship with the Intellectual Property Code, the Corporation Code 
20 
and the Department of Trade and Industries Rules and Regulations. The Intellectual 
21 
Property Code, the Corporation Code and the Department of Trade and Industry Rules and 
22 
Regulations shall be suppletory to this statute for purposes of registration of corporations, 
23 
associations, partnerships, single proprietorships; and tradenames and the filing of 
24 
trademarks, commercial marks and industrial models and designs making use of the 
25 
emblem of the red cross, red crescent or red crystal and of the words "Red Cross", "Red 
26 
Crescent" or "Red Crystal" or their translation in any official language and dialect under 
27 
this Act. For these purposes, in case of conflict, this statute shall prevails over the 
28 
Intellectual Property Code, the Corporation Code and the Department of Trade and 
29 
Industry's Rules and Regulations. 
30 
31 
32 
PART 5. COURTS, PROSECUTORS AND INVESTIGATORS 
33 
SEC. 21. Philippine Courts, Prosecutors and Investigators. The Regional Trial 
34 
Courts or the Metropolitan Trial Courts of the Philippines, as the case may be, shall have 
35 
original and exclusive jurisdiction over the crimes punishable under this statute. Their 
9 


I 
judgments may be appealed or elevated to the Court of Appeals and to the Supreme Court 
2 
under the existing system of jurisdiction of Philippine Courts. 
3 
4 
The Supreme Court and the Department of Justice shall ensure that judges, 
5 
prosecutors and investigators receive effective training regarding the crimes pnnishable 
6 
under this statute. 
7 
8 
9 
PART 6. FINAL PROVISIONS 
10 
SEC. 22. Implementing Rules and Regulations. In relation to Section 8(2), Part 8 
11 
hereof, the Department of National Defense, the Department of Interior and Local 
12 
Government, the Department of Health and the Department of Trade and Industry in 
13 
consultation with the Philippine National Red Cross shall adopt the Implementing Rules 
14 
and Regulations (IRR) within five (5) months upon promulgation of this Act. 
15 
16 
SEC. 23. Repealing Clause. All laws, presidential decrees and issuances, executive 
17 
orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are 
18 
hereby repealed or modified accordingly. 
19 
20 
SEC. 24. Separability Clause. If, for any reason or reasons, any part or provision 
21 
0 r this Act shall be held to be unconstitutional or invalid, other parts or provisions hereof 
22 
which are not affected thereby shall continue to be in full force and effect. 
23 
24 
SEC. 25. Suppletory Clause. This Act shall be suppletory to additional 
25 
international humanitarian laws as may be promulgated by Congress. 
26 
27 
SEC. 26. Effectivity. This Act shall take effect fifteen (15) days after its 
28 
publication in two national newspapers of general circulation. This publication shall not be 
29 
later than seven (7) days after the approval hereof. 
30 
31 
Approved, 
10