Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session
8681

Introduced by Representative John Marvin “Yul Servo” C. Nieto

EXPLANATORY NOTE

As a manifestation of support to this timely piece of legislation, this representation
respectfully refiles this bill, which has constantly been receiving support from the past
and present Congress.

The proposed measure aims to expand the coverage of Republic Act no. 8491,
otherwise known as the Flag and Heraldic Code of the Philippines.

RA 8491 provides for a way of honoring Filipinos who have died for the country and
those who have rendered distinguished service for the nation. Despite the noble
purpose of RA 8491, this representation shares the sentiments of other members of
the house that there is a need to revisit certain sections of the said law - especially
sections pertaining to the process of determining who are eligible to receive such honor
and privilege. The current procedure is lacking in such a way that it is highly biased to,
first, former military members and war veterans, and second, to those deemed
qualified by local government units. While this representation does not claim that there
are abuses pertaining to this procedure in the past, it is the belief of this representation
that providing for improvements that will ensure integrity, protection form biases, and
faithful abidance to the fundamental principles of RA 8491 will be for the strengthening
‘of the promotion of nationalism, patriotism, and dedication among the Filipinos. As
such, the proposed measure seeks to broaden 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 this light, the passage of this measure is earnestly sought.

JOHi IN “AL SERVO” C. NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. 8681

Introduced by Representative John Marvin “Yul Servo” C. Nieto

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 I (E), of Republic Act No. 8491 is hereby
amended to read as follows:

Section 24. The flag may be used to cover the caskets of the honored dead-of-the
7 7 7 who have rendered
distinguished service to the nation. as-may—be-determined_by the tocat _government-
unit-coneerned: 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 FORTHE
FOLLOWING:

i. INCUMBENT AND PAST PRESIDENTS AND VICE PRESIDENTS
OFTHE REPUBLIC OF THE PHILIPPINES;
ii. INCUMBENT MEMBERS OF THE SENATE HOUSE
OFREPRESENTATIVES, 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;
[% INCUMBENT MEMBERS OF THE DIPLOMATIC CORPS;
vi. INCUMBENT GOVERNORS, VICE GOVERNORS, MEMBERS OFTHE
PROVINCIAL BOARD, MAYORS, VICE MAYORS, ANDMEMBERS OF
THE MUNICIPAL OR CITY BOARD;
vii. INCUMBENT BARANGAY CHAIRPERSONS AND SANGGUNIANG
KABATAAN CHAIRPERSONS;


viii.

xii.

xiii.
xiv.

NATIONAL SCIENTISTS OR PAMBANSANG ALAGAD NG AGHAMNG
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 PROVIDEDUNDER REPUBLIC
ACT NO. 7355;

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

ATHLETES WHO HAVE WON IN INTERNATIONAL SPORTS
COMPETITIONS.

. THE FLAG, AS COVER TO THE CASKET, SHALL BE DISCRETIONARYFOR
THE FOLLOWING:

viv.

vi.

vii.
viii.

xi.

xii.

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

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

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

FORMER GOVERNORS. VICE GOVERNORS. MEMBERS OF
THEPROVINCIAL BOARD, MAYORS, VICE MAYORS, AND
MEMBERSOF THE MUNICIPAL OR CITY BOARD;

RETIRED MEMBERS OF THE DIPLOMATIC CORPS, OR
FORMERAMBASSADORS 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;

BONA FIDE MEMBERS OF THE MEDIA, AS CERTIFIED BY
THELEGITIMATE MEDIA ORGANIZATION TO WHICH THE
MEDIAPRACTITIONER IS A MEMBER;

ATHLETES WHO REPRESENTED THE COUNTRY ININTERNATIONAL
COMPETITIONS;

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
TOTHEIR 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. 2. 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. 3. 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. 4. 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,