Independence Day and the Philippine Flag

Dateline June 12, 1898: Philippine Declaration of Independence occurred  in Cavite II el Viejo (now Kawit), Cavite, Philippines. With the public reading of the Act of the Declaration of independence, Filipino revolutionary forces under General Emilio Aguinaldo proclaimed the sovereignty and independence of the Philippine Islands from the colonial rule of Spain, which had been recently defeated at the Battle of Manila Bay during the Spanish-American War. The declaration, however, was recognized by neither the United States nor Spain. The Spanish government later ceded the Philippines to the United States in the 1898 Treaty of Paris that ended the Spanish-American War. The United States finally recognized Philippine independence on July 4, 1946 in the Treaty of Manila. July 4 was observed in the Philippines as Independence Day until August 4, 1964 when, upon the advice of historians and the urging of nationalists, President Diosdado Macapagal signed into law Republic Act No. 4166 designating June 12 as the country's Independence Day. June 12 had previously been observed as Flag Day and many government buildings are urged to display the Philippine Flag in their offices.The Declaration of Independence explained the significance of the elements of the flag in the following manner:

      "And, lastly, it was resolved unanimously that this Nation, already free and independent as of this day, must use the same flag which up to now is being used, whose design and colors are found described in the attached drawing, the white triangle signifying the distinctive emblem of the famous Society of the "Katipunan" which by means of its blood compact inspired the masses to rise in revolution; the three stars, signifying the three principal Islands of this Archipelago-Luzon, Mindanao, and Panay where this revolutionary movement started; the sun representing the gigantic steps made by the sons of the country along the path of Progress and Civilization; the eight rays, signifying the eight provinces-Manila, Cavite, Bulacan, Pampanga, Nueva Ecija, Bataan, Laguna, and Batangas - which declared themselves in a state of war as soon as the first revolt was initiated; and the colors of Blue, Red, and White, commemorating the flag of the United States of North America, as a manifestation of our profound gratitude towards this Great Nation for its disinterested protection which it lent us and continues lending us."

It was in those dark days of the American occupation of the Philippines when the Philippine Commission passed Act No. 1696 or the Flag Law of 1907 which prohibited the Filipinos from using or displaying the Philippine flag, the Katipunan flag and other revolutionary emblems in public. The Americans legislated the ban to curb nationalist sentiments as flags were treated as seditious materials that would incite rebellion. It took twelve years before the ban on the Philippine flag was lifted when Governor General Francis Burton Harrison signed on October 24, 1919, Act No.  2871. On March 26, 1920, the Philippine Legislature enacted Act. No 2928 which provided for the adoption of the Philippine flag as the official flag of the Philippines

In February 1998, R.A. 8491 , otherwise known as "Flag and Heraldic Code of the Philippines" was passed. Its  Declaration of policy states " Reverence and respect shall at all times be accorded the flag, the anthem, and other national symbols which embody the national ideals and traditions and which express the principles of sovereignty and national solidarity. The heraldic items and devices shall seek to manifest the national virtues and to inculcate in the minds and hearts of our people a just pride in their native land, fitting respect and affection for the national flag and anthem, and the proper use of the national motto, coat-of-arms and other heraldic items and devices. "

Prohibited acts according to SECTION 34 of Republic Act 8491 (Flag Code )

a) To mutilate, deface, defile, trample on or cast contempt or commit any act or omission casting dishonor or ridicule upon the flag or over its surface;

b) To dip the flag to any person or object by way of compliment or salute;

c) To use the flag:

1) As a drapery, festoon, tablecloth;

2) As covering for ceilings, walls, statues or other objects;

3) As a pennant in the hood, side, back and top of motor vehicles;

4) As a staff or whip;

5) For unveiling monuments or statues; and

6) As trademarks, or for industrial, commercial or agricultural labels or designs.

d) To display the flag:

1) Under any painting or picture;

2) Horizontally face-up. It shall always be hoisted aloft and be allowed to fall freely;

3) Below any platform; or

4) In discotheques, cockpits, night and day clubs, casinos, gambling joints and places of vice or where frivolity prevails.

e) To wear the flag in whole or in part as a costume or uniform;

f) To add any word, figure, mark, picture, design, drawings, advertisement, or imprint of any nature on the flag;

g) To print, paint or attach representation of the flag on handkerchiefs, napkins, cushions, and other articles of merchandise;

h) To display in public any foreign flag, except in embassies and other diplomatic establishments, and in offices of international organizations;

i) To use, display or be part of any advertisement or infomercial; and

j) To display the flag in front of buildings or offices occupied by aliens.

  

Any person or juridical entity which violates any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than Five thousand pesos (P5,000) nor more than Twenty thousand pesos (P20,000), or by imprisonment for not more than one (1) year, or both such fine and imprisonment, at the discretion of the court: Provided, That for any second and additional offenses, both fine and imprisonment shall always be imposed: Provided, further, That in case the violation is committed by a juridical person, its President or Chief Executive Officer thereof shall be liable.

Based on said law, the National Historical Institute  reminds us that the use the Philippine flag as props or costume is  an incorrect way of expressing nationalism. It said  that displaying the flag improperly reflects our lack of nationalism as we do not give justice to what the flag symbolizes for our country. This is a disgrace to the national flag because it is not mere a piece of cloth, it embodies the ideals of our forefathers who sacrificed their lives for the sake of freedom.The Philippine flag has stood as witness to the glorious events in our struggle to attain independence. The Philippine flag is more than a piece of cloth. It is part of our legacy from our forefathers who shed blood and life to attain our independence. The Philippine flag is made up many bitter memories of Filipinos under the colonization – memories of abuse, oppression, and discrimination that eventually paved way to the formation of our nation.

If the present Republic Act 8491 (Flag Code ) will be strictly implemented, then the following items will fall under Prohibited acts  of SECTION 34 and Manny Pacquiao will be one of the violators. 

The girl  group Mocha is in controversy for wearing costumes designed to mimic the national flag as seen on the cover of their latest album and subsequently, in the video for its promotional single, “Pinay Ako.“ They argued that  the use of the flag as get-up is defensible as they are promoting Pinoy pride.

In the proposed amendment filed last February 2011 by Senator Bong Revilla, Senate Bill No.2691 clarified prohibited acts as follows:  "

"(e) To wear the Flag, SEAL, COAT-OF-ARMS [in whole or in part) as PART OF a costume or [uniform] AS A FASHION ACCESSORY OR MERELY AS A DESIGN ELEMENT; PROVIDED THAT THE FLAG, SEAL, COAT-OF-ARMS, MAY BE INCORPORATED AS PART OF THE UNIFORM OF FILIPINOS REPRESENTING THE PHILIPPINES IN INTERNATIONAL SPORTS, CULTURAL OR SCIENTIFIC COMPETITIONS OR OFFICIAL FUNCTIONS WITH THE APPROVAL OF THE NATIONAL HISTORICAL INSTITUTE (NHI) ;

 "(g) To print, paint or attach representation of the flag, SEAL, COAT OF- ARMS on handkerchiefs, napkins, cushions, and other articles of merchandise; AND

 "[i]H. TO USE OR DISPLAY THE FLAG, SEAL, COAT OF ARMS, OR BE PART OF ANY ADVERTISEMENT OR INFOMERCIAL WITHOUT THE APPROVAL OF THE NHI.

In an earlier  version passed in third reading  in the last  House of Representatives in 2009, House Bill 6424 had a new provision that would allow any person to conduct a citizen’s arrest while the law is being violated in his presence. There is also hike in the imposable fines up to five folds and doubled the prison term from one year to two years.

Mocha is correct in one sense. Having the Pinoy flag in some other form or paraphernalias (jackets, hoodies, caps)  is defensible as these are effective modes of  promoting Pinoy pride. In this modern times, there are laws that must take into consideration the present political and social landscape.  Our police and military have flags on their uniforms, so do our Olympic team. Will we make them liable under the law? As a traveller, i know for one thing that a tourist will want to bring home something that will remind  him of the Philippines, like the souvenir  items with Philippine flags  sold in shopping malls such as SM  Perhaps, it is incumbent upon our legislators , in coordination with National Historical Institute to issue rules and regulations that will regulate, and not strictly prohibit, the use of our Philippine Flag and other historical devices.