Republic ofthe Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

307

House Bill No

Introduced by Honorable Roilo 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 International Red Cross and Red
Crescent Movement has since expanded worldwide. 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 born - 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 Movement.

The Philippines, after the Second World War, proclaimed on February 14, 1947 its
adherence to the Geneva Conventions and to participate with the nations of the world 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 bill draws on the 1949 Geneva Conventions and their 1977 and 2005 Protocols, the
Regulations on the Use of the Emblem of the Red Cross
or the Red Crescent by the National Societies, as adopted by the 20" International Conference of
the Red Cross, and subsequent amendments, and Resolution 1 of the 29" International Conference
of the Red Cross and Red Crescent, among others.

Currently, 194 nations have ratified or adhered to the Four Geneva Conventions of August
12, 1949 making it the most widely accepted and recognized trealy in the world. It was ratified by
the Philippines in 1952.


The Philippines has likewise ratified the 1977 Additional Protocol Il and the 2005 Additional
Protocot Ill. It has signed but not yet ratified the 1977 Additional Protocol. While this treaty has yet
to be ratified, it does not bar our sovereign Congress from adopting certain provisions thereof as part
of our national legislation including those goveming the use and protection of the emblem of the red
Cross of red crescent which occupies a very important place in international humanitarian law.

To date, only Sections 14, 15 and 16 of Presidential Decree No. 1264 (as amended)
penalize the unlawful use of any other person or entity, aside from the Medical Services of the
Armed Forces of the Philippines and the PNRC, of the words “Red Cross” or “Geneva Cross’ or use
the emblem of the red Greek cross on a white ground or any designation, design, sign or insignia
constituting an imitation thereof for any purpose whatsoever. There is no provision for the unlawful
use of the Red Crescent symbol and the new Red Crystal

in view of the Philippines’ obligation to take measures to prevent and repress at all times any
misuse of the emblem, a stricter and broader national legislative regime should be put in place.

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

IHL Committee led by Justice Leonor ines Luciano with the technical assistance of the Intemational
Committee of the Red Cross.

The approval of tis billis therefore most eamestly sought.

ROILO GOLEZ



Republic ofthe Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

: 3
House Bill No,

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 4
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 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.

(b) The State adopts the provisions of the Hague Convention IV of 1907 and the 1949
Geneva Conventions and their Additional Protocols on the protection of victims of war insofar as they
have been ratified or have become part of generally accepted principles of international law.

(c) The State shall secure the protective use and indicative use of the emblems both in
times of peace and in times of armed conflict in accordance with the standards and guidelines set
forth under the Hague Conventions of 1907 and the 1949 Geneva Conventions and their Additional
Protocols on the protection of victims of war.

(@) 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


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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 Term. — For purposes of this Act, the term:

(a) “Armed conflict” means any use of force or armed violence which gives rise, or may
give rise, to a situation to which the Geneva Conventions of 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 Ill of
‘Annex | to the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the
Protection of Victims of International Armed Conflicts (Protocol |), 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, Red Crescent, Red Crystal and Red Lion and Sun
emblem.

(d) “Indicative use” means the use of the emblem showing that a person or an object is
linked to an institution of the International Movement of the Red Cross and Red Crescent. The
emblem shall be small in size.

e) “Perfidious use" means the use of the emblem by a person with intent to appeal to
the good faith of his/her adversary in order to deceive and make the latter believe that he or she is
entitled to receive or is to be conferred the protection provided for by the rules of international
humanitarian law.

() ‘Protective use” means the visible sign of the protection conferred by the 1949
Geneva Conventions and their Additional Protocols on medical personnel and medical units and
transports in time of armed conflict. The dimensions of the emblem shall therefore be as large as
possible.

(9) "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
illustrated in Article 4, Chapter IV of Annex | of the Additional Protocol | to the Geneva Conventions.

(h) “Red Cross”, when used to signify a heraldic emblem, means an emblem depicting
a red cross with branches of equal length on, and completely surrounded by, a white background,
formed by reversing the colours of the Swiss Confederation, as illustrated in Article 4, Chapter IV of
Annex | of the Additional Protocol | 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
background, as illustrated in Additional Protocol III to the Geneva Conventions.

0 “Red Lion and Sun”, when used to signify a heraldic emblem, means an emblem
depicting a red lion passing from right to left, completely surrounded by a white background, with its
face tumed towards the observer, holding erect in its raised right forepaw a scimitar, with the upper


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half of the sun shooting forth rays appearing above the lion’s back, as illustrated in Article 4, Chapter
IV of Annex | of the Additional Protocol | 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 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 of the AFP shall wear armlets and carry identity cards displaying the Red
Cross emblem. These armlets and identity cards shall be issued by the DND.

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

Where this may enhance protection, medical and religious personnel attached to the armed
forces may, without prejudice to the use of their present emblems, make temporary use of any of the
‘other distinctive emblems recognized by, and enjoying equal status under the 1949 Geneva
Conventions and their Additional Protocols.

SEC. 5.Protective Use by Hospitals and Other Civilian Medical Units. - The
Department of Health (DOH), exercising control over hospitals, civilian medical personnel, civilian
and civilian medical transports assigned in particular to the transport and treatment of the wounded,
the sick and the shipwrecked, shall authorize the marking of the Red Cross emblem used as a
protective device in time of armed conflict, in consultation with the Philippine 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 displaying the Red
Cross emblem. These armlets and identity cards shall be issued by the DOH.

Civilian religious personnel attached to hospitals and other medical units shall be afforded
the same protection as medical personnel and shall likewise be similarly identified with armlets and
identity cards.

‘SEC. 6. Protective Use by the Philippine National Red Cross. - The PNRC shall be
authorized to place medical personnel and medical units and transports at the disposal of the
medical service of the armed forces.


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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 Additional
Protocols

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

The PNRC 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 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 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 PNRC, be entitled to use the emblem under the same conditions.

SEC. 8. Indicative Use by the International Organizations of the International Red
Cross and Red Crescent Movement. ~ The International Committee of the Red Cross and the
International Federation of Red Cross and Red Crescent Societies may make use of the Red Cross
or the Red Crescent emblems at any time and for all their activities.

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

PART 3.
CONTROL AND PENALTIES

SEC. 9. Control Measures and Enforcement. - The DND, the DOH and the DTI shall at all
times ensure strict compliance with the rules governing the use of the emblems of the Red Cross,
the Red Crescent, the Red Crystal and the Red Lion and Sun; the name "Red Cross’, "Red
Crescent’, “Red Crystal” or “Red Lion and Sun’, or their translation in any official language and
dialect or the distinctive signals. They shall exercise strict control over their respective personnel
authorized to use the said emblems, names and signals.

They shall take every appropriate step to prevent misuse, in particular by 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


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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 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 Times of Armed Conflict. - Any
person who willfully, and without entitlement, make use of the Red Cross, Red Crescent, Red Crystal
or Red Lion and Sun emblem; the words “Red Cross’, “Red Crescent’, “Red Crystal” and “Red Lion
and Sun’, or their translation in any official language and dialect; a distinctive signal or any other
sign, designation or signal which constitutes an imitation thereof or likely to cause confusion or
mistake or to deceive the general public, irrespective of the purpose of such use; as well as any
person who has displayed the said emblems or words on signs, posters, announcements, leaflets or
commercial documents, or has affixed them to goods or packaging, or has sold, offered for sale or
placed in circulation goods thus marked shall be punished by arresto mayor, and a fine of not less
than twenty thousand pesos (P20,000.00) but not more than Forty thousand pesos (P40,000.00) at
the discretion of the court.

If the misuse is committed by a partnership, corporation, association or any juridical entity,
the partner, president, director, manager, trustee, estate administrator or officer who consents to or
knowingly tolerates such misuse shall be held criminally liable as a co-principal. If the person
convicted is a foreigner, he or she may be ordered deported and blacklisted after serving his or her
sentence.

In addition, the court may order the forfeiture in favor of the PNRC 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, or 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 less than Two hundred thousand pesos (P200,000.00) but not more than
Five hundred thousand pesos (P500,000.00) at the discretion of the court, or reclusion ‘temporal and
a fine 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.


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Perfidious use of the Red Cross, the Red Crescent, the Red Crystal or the Red Lion and
‘Sun emblem, or a distinctive signal which does not result in death or serious harm to the body or
health of an adversary, shall be punished by prision correccional and a fine of not less than Fifty
thousand pesos (P50,000.00) but not more than One hundred thousand 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 wilfully
used the Red Cross, the Red Crescent or the Red Crystal emblem, or a distinctive signal or any
other signal which constitutes an imitation thereof or which might lead to confusion, shall be
Punished by 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, trustee, estate administrator or officer who consents to or
knowingly tolerates such misuse shall be held criminally liable as a co-principal. If the person
convicted is a foreigner, he or she may be ordered deported and blacklisted after serving his or her
‘sentence.

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

‘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 Protocol Ill (Adoption of an Additional Distinctive Emblem) shall be
permitted to continue such use: Provided, That the use shall not be such as would appear, in time of
armed conflict, to confer protection under the 1949 Geneva Conventions and their Additional
Protocols: Provided, further, That such rights were acquired prior to the effectivity of this Act.

Otherwise, persons making use of the Red Cross, the Red Crescent, the Red Crystal or the
Red Lion and Sun emblem or 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 Act, shall voluntarily cease and desist from using the same and


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withdraw from the market any and all products bearing the same within two (2) months from the
promulgation ofthis Act.

Objects, materials and products abovementioned shall be disposed of by the PNRC
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, ullty 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 translation in any official language and dialect in violation ofthis Acct.

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 jurisprudence 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 I-IV and their 1977 Additional Protocols | and II and
the 2005 Additional Protocol III;

(b) Regulations on the Use of the Emblem of the Red Cross or the Red Crescent by the
National Societies, as adopted by the 20th Intemational Conference of the Red Cross, and
‘subsequent amendments;

(c) Resolution 1 of the 29th Intemational Conference of the Red Cross and Red
Crescent;

(4) International criminal law jurisprudence from the international criminal tribunals,
especially as may come from the Intemational Criminal Court in The Hague;

(e) Relevant and applicable international human rights instruments and jurisprudence,
mainly from the United Nations system; and

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

SEC. 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,


3

prosecution and trial of crimes under this Act. For these purposes, in case of conflict, this statute
shall prevail over the Revised Penal Code. The same relationship with this statute applies to the
Civil Code of the Philippines and special laws of a criminal and/or civil nature, such as on matters of
civil liability. This Act shall be without prejudice to the application of the Uniform Rules on
Administrative Cases in the Civil Service insofar as the administrative liability of a public officer is
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, prosecution
and trial of crimes under this statute.

SEC. 19. Relationship with the Intellectual Property Code, the Corporation Code and
the Department of Trade and Industry's Rules and Regulations. - The Intellectual Property
Code, the Corporation Code and the 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, 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’ and
“Red Lion and Sun” or their translation in any official language and dialect under this Act. For these
purposes, in case of conflict, this statute shall prevail over the Intellectual Property Code, the
Corporation Code and the DTI rules and regulations.

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 intemational
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 fo be unconstitutional or invalid, 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.


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

Approved,