Republic of the Philippines
HOUSE OF REPRESENATATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL Ni 369

Introduced by: HON. RACHEL MARGUERITE B. DEL MAR

EXPLANATORY NOTE

Oftentimes, criminals facilitate the commission of their crimes by wearing the uniforms
of the Armed Forces of the Philippines and the Philippine National Police.
misrepresentation has also caused damage to the reputation of the military and the police.

The use of military and/or police uniforms and accessories has been prohibited under
special law and the Revised Penal Code of the Philippines. Republic Act No, 493 regulates the
wearing, using, manufacturing and selling of insignias, decorations and medals, badges,
patches and identification cards prescribed for the AFP and the Philippine Constabulary, now
the Philippine National Police, by persons not in the service. Article 179 of the Revised Penal
Code provides that any persons who publicly and improperly makes use of insignia, uniforms
or dress pertaining to an office not held by such person or to class of persons of which he is not
a member shall be penalized by arresto mayor. Further, Artcile 177 prohibits any person to
falsely represent himself as an officer, agent or representative of any department or agency of
the Philippine Government. Despite these legal prohibitions, criminal syndicates and
individuals have not been deterred in using military or police uniforms in their unlawful and
illegal activities. The prohibition under Republic Act No. 493 does not cover the use and
wearing of military / police uniforms as well as the manufacture and sale of military / police
uniforms and the textile for these uniforms. Article 179 of the Revised Penal Code of the
Philippines is universal to all departments or agencies of the Philippine Government.
Moreover, the penalties provided by these laws are perceived to be light.

Furthermore, many civilians can be seen wearing what resembles “military or police”
uniform in public. In the recent past, the “military look” became fashionable that several
imitations of the military uniforms were sold commercially and were often prominently
displayed in department stores. Unauthorized persons have taken advantage of the proliferation


of imitations of uniforms bearing close resemblance to the official military and police uniforms
to falsely represent themselves as members of the AFP or the PNP.

This measure therefore seeks to amend Republic Act No. 493 to provide a strong and
effective deterrent to crimes associated with the illegal use of AFP and PNP uniforms by
including in the coverage of the prohibition the use and wearing of military and police or
imitations thereof, as well as the manufacture and sale of military / police uniforms or
imitations thereof and the textile for these uniforms. Stiffer penalty against individuals
unlawfully wearing the AFP and PNP uniforms has also been provided.

In view of the foregoing, approval of the proposed measure is earnestly requested.

ft Ho

iene Gaal B. DEL MAR


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTEENTH CONGRESS
First Regular Session

369

HOUSE BILL NO.

Introduced by: HON. RACHEL MARGUERITE B. DEL MAR

AN ACT
AMENDING REPUBLIC ACT NUMBERED FOUR HUNDRED NINETY THREE (RA
493) TO INCLUDE IN THE COVERAGE OF PROHIBITION THE USE, WEARING,
MANUFACTURE AND SALE OF UNIFORMS AND TEXTILE OF UNIFORMS OF
THE MEMBERS OF THE ARMED FORCES OF THE PHILIPPINES AND THE
PHILIPPINE NATIONAL POLICE, PRESCRIBING HEAVIER PENALTY FOR
VIOLATION THEREOF, AND FOR OTHER PURPOSES.

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

SECTION 1. Hereafter, it shall be unlawful for any or association of persons not in the
service of the Armed Forces of the Philippines or the PHILIPPINE NATINAL POLICE to use
or confer upon himself or another who is not in the service of the said Armed Forces or
NATIONAL POLICE, any military, POLICE or naval grade or title to which is, or may
hereafter be, prescribed by laws and regulations for the use of the Armed Forces or
NATIONAL POLICE. Provided, That the foregoing shall not be construed as prohibiting the
use of such military, POLICE or naval grades or title by personnel or persons now authorized
by law and by the following persons:

(a) All veterans of any war when recognized by the Philippines or United States

Government and only for the ranks for which they are recognized;


(b) Commissioned officers and personnel, retired or in active duty, of the PHILIPPINE
COAST GUARD, of the quarantine services, and of the customs service;

(c) Commissioned and enlisted reservists including organized guerilla officers on
inactive status when using their authorized grades for a purely military or police purpose;

(d) Trainees in the Armed Forces OR IN THE NATIONAL POLICE while undergoing
any period of trainee instruction pursuant to law.

SEC. 2. Hereafter it shall be unlawful for any person not in the service of the Armed
Forces of the Philippines OR THE PHILIPPINE NATIONAL POLICE, except those excluded
from the prohibition in Section 1 of this Act, to use or wear the duly prescribe insignia,
UNIFORM, badge or emblem of rank of the members of the Armed Forces of the Philippines
or the PHILIPPINE NATIONAL POLICE, or any colorable imitation thereof: Provided, ‘That
foregoing shall not be construed as prohibiting any person from using or wearing any military,
POLICE or naval insignia, UNIFORM, badge or emblem of rank in any play-house or theater
or in moving naval character not tending to bring discredit or reproach upon the Armed Forces
of the Philippines, the PHILIPPINE NATIONAL POLICE or the PHILIPPINE COAST
GUARD: Provided further, That the use or wearing of any military, POLICE or naval insignia,
POLICE, or naval character as herein above described, shall be subject to supervision and
regulation by THE SECRETARY OF NATIONAL DEFENSE FOR THE MEMBERS OF THE
ARMED FORCES OR THE SECRETARY OF INTERIOR AND LOCAL GOVERNMENT
FOR THE MEMBERS OF THE PHILIPPINE NATIONAL POLICE. The phrase “duly
prescribed insignia, UNIFORM, badge or emblem of rank” shall, for the purpose of this Act,
mean any insignia, UNIFORM, badge or emblem of rank which is, or may hereafter be,
prescribed by Congress, THE SECRETARY OF NATIONAL DEFENSE FOR THE ARMED
FORCES OF THE PHILIPPINES OR THE SECRETARY OF INTERIOR AND LOCAL
GOVERNMENT FOR THE PHILIPPINE NATIONAL POLICE.

SEC. 3. Hereafter the use, wearing, manufacture and sale of any medal or decoration,
badge, insignia, UNIFORM, TEXTILE FOR SAID UNIFORM, patch or identification card
which has been, or may hereafter be, authorized by Congress or prescribed or awarded by the
President of the Philippines, or the Secretary of National Defense for the members of the
Armed Forces of the Philippines, OR THE SECRETARY OF INTERIOR AND LOCAL.


GOVERNMENT FOR THE MEMBERS OF THE PHILIPPINE NATIONAL POLICE, or
any colorable imitation thereof, is prohibited except when authorized under such regulations
as the Secretary of National Defense OR THE SECRETAY OF INTERIOR AND LOCAL
GOVERNMENT SHALL PRESCRIBED AS THE CASE MAYBE.

SEC. 4. Any person who confers upon himself or another any military, police or
naval grade or title in violation of Section 1 of this Act shall, upon conviction, be punished
by A FINE OF NOT LESS THAN TEN THOUSAND PESOS AND NOT EXCEEDING
TWENTY THOUSAND PESOS OR BY IMPRISONMENT OF NOT LESS THAN FIVE
(3) YEARS AND NOT EXCEEDING TEN (10) YEARS, OR BOTH AT THE
DISCRETION OF THE COURT.

Any person who violated any other provision of this Act shall, upon conviction, be
punished by A FINE OF NOT LESS THAN FIVE THOUSAND (P5,000.00) PESOS AND
NOT EXCEEDING TEN THOUSAND (P10,000.00) PESOS OR BY IMPRISONMENT
OF NOT LESS THAN TWO (2) YEARS AND NOT EXCEEDING FIVE (5) YEARS, OR

BOTH. In case the violation is committed by a corporation, the manager and all the

members of the board of directors or governing body thereof shall be liable individually in
accordance with this section.

SEC. 5. Implementing Rules and Regulations. - The Secretaries of the Departments
of National Defense and the Interior and Local Government shall revise and promulgate the
Rules and Regulations necessary to ensure the effective implementations of Republic Act
No. 492 as amended by this Act.

SEC. 6. Separability Clause. - If any portion or provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other provisions
not affected thereby.

SEC. 7. Repealing Clause. - All laws, decrees, executive orders, rules and regulations
and other issuances or parts thereof which are inconsistent with the provisions of this Act,
are hereby repealed, amended or modified accordingly.

SEC. 8. Effectivity. - This Act shall take effect AFTER FIFTEEN (15) DAYS
FOLLOWING ITS PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION
OR IN THE OFFICIAL GAZETTE.

Approved,