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

SEVENTEENTH CONGRESS
Third Regular Session

«. 8619
House Bill No.

Introduced by Representatives Ron P. Salo and Paul P. Hernandez

EXPLANATORY NOTE

«__.(AJng mamatay ng dahil sa’yo” is the last line of “Lupang Hinirang”, or the
Philippine National Anthem, composed by Julian Felipe in the 1800s and translated
into its current Filipino version in the 1950s under the initiative of then President
Ramon Magsaysay. It speaks of the Filipinos immense love for his country that he is
willing to lay down his life in the service and defense of his motherland.

Like the National Anthem, the Philippine flag is another national symbol which
embodies the national ideals and traditions, and exemplifies the principles of
‘sovereignty and national solidarity. First unfurled during the battle between the
Spanish and Filipino forces in Alapan, Cavite in 1898, the Philippine flag was the
unifying symbol that rallied the Filipinos towards liberation from foreign rule which
culminated in the proclamation of independence in Kawit, Cavite on June 12, 1898.

As a way of honoring those who have died for the country and those who
have rendered distinguished service for the nation, Section 24 of Republic Act. No.
8491, or the Flag and Heraldic Code of the Philippines, provides an enumeration of
those who are privileged to have their casket covered or draped by the Philippine
flag. However, the enumeration provided under the above section is limited since it
limits the privilege to former military and war veterans, and to civilians who have
rendered distinguished service to the nation, as may be determined by the local
government unit concerned. The discretion given to local government unit seems
untrammeled, and as such, may be subject to abuse, depending on the decedent's
relationship with the incumbent local executive.

To inspire nationalism, patriotism, and dedication among Filipinos especially
to those in the field of sports, social, civic, and public services, this Act seeks to
broaden or expand the enumeration provided under Sec. 24 of the Flag and Heraldic
Code of the Philippines, while at the same time providing a clear direction as to who
are mandatorily or discretionarily entitled to the privilege.

In view of the foregoing, the passage of this bill is immediately sought.

. SALO

KABAYAN Partylist KABAYAN Partylist

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

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No._8619

Introduced by Representatives Ron P. Salo and Paul P. Hernandez

AN ACT
AMENDING SECTION 24 OF REPUBLIC ACT NO. 8491, OTHERWISE KNOWN
AS THE FLAG AND HERALDIC CODE OF THE PHILIPPINES.

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

SECTION 1. Section 24, Chapter | (E), of Republic Act No. 8491 is
hereby amended to read as follows:

scoction 24. 7 flag mays be yeod to cover ine, aed ct ihe honored dead of the
i A a ans who have

rendered distinguished service to the nation. Pata be aalsrmined Sy -4no-looal

In such cases, the flag shall be placed such that the
white triangle shall be at the head and the blue portion shall cover the right side of
the caskets. AT THE INTERMENT, (t)he flag shall not be lowered to the grave or
allowed to touch the ground, but shall be folded solemnly, PLACED IN A
RECTANGULAR FLAG CASE, and handed over to the heirs of the deceased. THE
RECTANGULAR FLAG CASE TO WHICH THE FLAG IS ENCLOSED MAY BE
PLACED BY THE HEIRS OF THE DECEASED IN THE APPROPRIATE AREA OF
THEIR RESIDENCE, OR FORMER OFFICE OF THE HONORED DEAD.

(a) THE FLAG, AS COVER TO THE CASKET, SHALL BE MANDATORY FOR
THE FOLLOWING:

i, INCUMBENT AND PAST PRESIDENTS AND VICE PRESIDENTS OF
THE REPUBLIC OF THE PHILIPPINES;

iii (INCUMBENT MEMBERS OF THE SENATE, HOUSE OF
REPRESENTATIVES, AND CONSTITUTIONAL BODIES;

iii, INCUMBENT JUSTICES OF THE SUPREME COURT, COURT OF
APPEALS, SANDIGANBAYAN, AND THE COURT OF TAX
APPEALS;

iv. INCUMBENT CABINET MEMBERS OR OFFICERS OF SIMILAR OR
EQUIVALENT RANK;

v. INCUMBENT MEMBERS OF THE DIPLOMATIC CORPS;

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vi.

vii.

viii.

xi.

xii.

xiii.
xiv.

INCUMBENT GOVERNORS, VICE GOVERNORS, MEMBERS OF
THE PROVINCIAL BOARD, MAYORS, VICE MAYORS, AND
MEMBERS OF THE MUNICIPAL OR CITY BOARD;

INCUMBENT BARANGAY CHAIRPERSONS AND SANGGUNIANG
KABATAAN CHAIRPERSONS;

NATIONAL SCIENTISTS OR PAMBANSANG ALAGAD NG AGHAM
NG PILIPINAS AS DEFINED UNDER PRESIDENTIAL DECREE NO.
1003-A (DATED DECEMBER 16, 1976);

WAR VETERANS;

MILITARY VETERANS;

NATIONAL ARTISTS AND RECIPIENTS OF OTHER AWARDS
BEING IMPLEMENTED AND ADMINISTERED BY THE NATIONAL
COMMISSION FOR CULTURE AND THE ARTS, SUCH AS, BUT
NOT LIMITED TO, RECIPIENTS OF GAWAD MANLILIKHA NG
BAYAN AND PHILIPPINE HERITAGE AWARD AS PROVIDED
UNDER REPUBLIC ACT NO. 7355;

MEMBERS OF THE ARMED FORCES OF THE PHILIPPINES AND
THE PHILIPPINE NATIONAL POLICE WHO ARE ON ACTIVE DUTY;
INCUMBENT CAREER EXECUTIVE OFFICIALS; AND

ATHLETES WHO HAVE WON IN INTERNATIONAL SPORTS
COMPETITIONS.

(b) THE FLAG, AS COVER TO THE CASKET, SHALL BE DISCRETIONARY
FOR THE FOLLOWING:

ii.

iii.

vi.

vii.
viii.

ix.

FORMER MEMBERS OF THE SENATE, HOUSE OF
REPRESENTATIVES, AND CONSTITUTIONAL BODIES;

RETIRED JUSTICES OF THE SUPREME COURT, COURT OF
APPEALS, SANDIGANBAYAN, AND THE COURT OF TAX
APPEALS;

INCUMBENT AND RETIRED JUDGES OF THE REGIONAL TRIAL
COURTS, MUNICIPAL TRIAL COURTS, METROPOLITAN TRIAL
COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS;

FORMER GOVERNORS, VICE GOVERNORS, MEMBERS OF THE
PROVINCIAL BOARD, MAYORS, VICE MAYORS, AND MEMBERS
OF THE MUNICIPAL OR CITY BOARD;

RETIRED MEMBERS OF THE DIPLOMATIC CORPS, OR FORMER
AMBASSADORS OR CONSUL GENERALS;

FORMER CABINET MEMBERS OR OFFICERS OF SIMILAR OR
EQUIVALENT RANK;

RETIRED CAREER EXECUTIVE OFFICIALS;

FORMER BARANGAY CHAIRPERSONS AND SANGGUNIANG
KABATAAN CHAIRPERSONS;

INCUMBENT OR FORMER PRESIDENTS OF STATE UNIVERSITIES
AND COLLEGES;

TEACHERS AND PROFESSORS, WHETHER ACTIVE OR RETIRED,
IN THE PUBLIC SCHOOLS OR GOVERNMENT RECOGNIZED
PRIVATE SCHOOLS;

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xi. BONA FIDE MEMBERS OF THE MEDIA, AS CERTIFIED BY THE
LEGITIMATE MEDIA ORGANIZATION TO WHICH THE MEDIA
PRACTITIONER IS A MEMBER;

xii, ATHLETES WHO REPRESENTED THE COUNTRY IN
INTERNATIONAL COMPETITIONS;

xiii. _ FILIPINOS, WHETHER RESIDING IN THE COUNTRY OR ABROAD,
WHO HAVE RECEIVED AWARDS AND/OR RECOGNITIONS FROM
INTERNATIONALLY RECOGNIZED AWARD GIVING BODIES FOR
THEIR COMMENDABLE SERVICE TO THE COMMUNITY OR TO
THEIR CONTRIBUTION TO SOCIETY; AND

xiv. CIVILIANS WHO LOST THEIR LIVES WHILE GIVING AID OR
ASSISTANCE IN TIMES OF CALAMITY, NATIONAL EMERGENCY,
OR TO PERSON/S IN SERIOUS NEED.

THE FLAG TO BE USED AS COVER FOR THE CASKET, AS WELL AS THE
RECTANGULAR FLAG CASE OF THOSE HONORED DEAD UNDER
PARAGRAPH (A), SHALL BE PROVIDED BY THE GOVERNMENT OFFICE TO
WHICH THE DECEDENT HAD PREVIOUSLY SERVED. THOSE UNDER
PARAGRAPH (B) SHALL BE PROVIDED BY THE FAMILY OF THE DECEDENT.

SEC. 4. Implementing Rules and Regulations. — Within ninety (90)
days from the approval of this Act, the National Historical Commission of the
Philippines and the National Commission for Culture and the Arts shall
formulate the implementing rules and regulations implementing the
provisions of this Act.

SEC. 5. Repealing Clause. — All laws, decrees, executive orders and
issuances, proclamations, rules and regulations, and other issuances or parts
thereof that are inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 6. Separability Clause. — If any provision or part of this Act is declared
invalid or unconstitutional, the remaining parts or provisions not affected shall
continue to be in full force and effect.

SEC. 7. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved.

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