House panel to criminalize incorrect rendition of ‘Lupang Hinirang’

Improvised singing of “Lupang Hinirang” may soon be considered a criminal act.

The House committee on basic education and culture, chaired by Rep. Del de Guzman of Marikina City, announced the passage on third and final reading of House Bill (HB) Number 6424 or the measure proposing to criminalize the incorrect rendition of the National Anthem. The bill imposes two-year imprisonment and a fine of P100,000.

Rep. Salvador Escudero III of Sorsogon said once the bill is enacted into law, deviating from the musical arrangement of composer Julian Felipe when played and singing the national anthem “Lupang Hinirang” will be considered a crime punishable under Republic Act No. 8491 or Flag and Heraldic Code of the Philippines signed on February 12, 1998.

“This measure proposes to prescribe standards with respect to the singing of the National Anthem, protocol and display of the flag,” Escudero said.

Rep. Rufus Rodriguez of Cagayan de Oro, co-author of the bill, said the National Anthem shall be within the range of 100 to 120 metronome, in 2/4 beat when played and in 4/4 beat when sung.

“The National Anthem is a marching-type tempo wherein the Filipino participants are obliged to sing,” de Guzman said.

The NHI, in coordination with the proper government agency, shall disseminate an official music score sheet that reflects the manner in which the national anthem should be played or sung.

When the national anthem is played, the public is required to sing and do so "with fervor."

They are expected to sing while the right hand is placed over the left chest. Uniformed personnel, meanwhile, are to salute the flag as prescribed by their respective regulations.

Individuals whose faith prohibit them from singing “Lupang Hinirang” must still show full respect.

The national anthem, however, would not be allowed to be played and sung preceding “events of recreation, amusement, or entertainment purposes."

But the anthem may be played during the following: international competitions where the Philippines is the host or has a representative; national and local sports competitions, during the “signing off” and “signing on” of radio broadcasting and television stations, before the initial and last screening of films and before the opening of theater performances; Provided, that the owners and management of the establishments shall be mandated to enforce proper decorum and implement the pertinent provisions of this act; and other occasions as may be allowed by the NHI.

The Oath of Patriotism (Panatang Makabayan) must be recited after the singing of the national anthem in basic educational institutions. The Pledge of Allegiance (Panunumpa ng Katapatan sa Watawat ng Pilipinas) may be recited as well, though the law did not specify who is required to do so.

In Section 20 of the bill states: “The observance of the flag ceremony in official or civic gatherings shall be simple and dignified and shall include the playing and mandatory singing of the national anthem in its original Filipino lyrics and march tempo.”

The bill also requires all government and private offices as well as Filipino residences to display the Philippine flag from National Flag Day (May 28) to Independence Day (June 12) of each year, declaring it the period as Flag Days.

Reacting to the style of singing of Martin Nievera during the Manny Pacquiao vs. Ricky Hatton fight on May 3, Rep. Teodoro Casiño of Bayan Muna said there was need to correct some misconception that anyone can sing the national anthem in his or her preferred style.

Casiño filed last month House Resolution 1137, calling for an inquiry into the correct manner of singing the National Anthem.

“The public should be enlightened that there is a law on how to show respect for the Philippine flag, the National Anthem, the great seal and other heraldic items because these are symbols of the Filipino spirit and national identity,” Casiño said.

The co-authors of the bill are Reps. Eduardo Nonato Joson (First District, Nueva Ecija), Carlos Padilla (Lone District, Nueva Viscaya) Jesi Lapus (Third District, Tarlac), Mariano Pia­monte (Party-List, A TEACHER), Candido Pancrudo Jr. (First District, Bukidnon) Maria Isabelle Climaco (First District, Zamboa­nga City), Roilo Golez (Second District, Parañaque City), Philip Pichay (First District, Surigao del Sur), Jaime Lopez (Second District, Manila), Ma. Victoria Sy-Alvarado (First District, Bulacan) and Isidro Ungab (Third District, Davao City).

The lawmaker noted that Nievera were not the first artist who has sung the national anthem in abbreviated and a different style and tempo. “There were other artists who were already criticized for singing “Lupang Hinirang” in their own preferred mood or tempo,” Casiño said.

Bill on RP flag OK’d

The House of Representatives has approved on third and final reading a bill that addresses controversies surrounding the wearing of fashion accessories containing items in the Philippine flag or seal and the propensity of Filipino artists to freely make their own interpretation of the National Anthem.

In a bid to make clear its stand against disrespect of the flag and other heraldic codes of the country, the chamber decided to hike the imposable fines up to five folds and doubled the prison term from one year to two years.

Congressmen also put in a new provision that would allow any person to conduct a citizen’s arrest while the law is being violated in his presence.

Before adjourning last week, lawmakers unanimously voted to pass House Bill 6424 which seeks to amend Republic Act 8491 or the Flag and Heraldic Code of the Philippines.

“The bill aims to update the law in the light of contemporary changes in attitudes and idioms among Filipinos. It also intends to instill love of country and underscore the importance of complying with standard expressions of respect for our national symbols,” said Marikina City Rep. Del de Guzman, chairman of the House committee on basic education and culture.

Approval of the measure came in the wake of the controversy surrounding the rendition of the national anthem by balladeer Martin Nievera during the celebrated boxing match between Filipino boxing legend Manny Pacquiao and British Ricky Hatton.

Also caught in the wake of the bill’s approval was the issue on the use of Philippine flag items such as the stars and the eight-ray sun in T-shirts and other fashion accessories.

Authored by Reps. Edno Joson (Independent, Nueva Ecija), Juan Edgardo Angara (LDP, Aurora); Rufus Rodriguez (PDP, Cagayan de Oro City) and Mark Leandro Mendoza (NPC, Batangas), HB 6424 prescribes the standard beat and tempo and requires mandatory singing of the National Anthem.

Under the bill the national anthem will be rendered in accordance with the musical arrangement and composition of Julian Felipe “in 2/4 beat when played” and in 4/4 beat when sung.”

It tasked the National Historical Institute to disseminate the official music score sheet for the anthem.

Persons with religious beliefs prohibiting them from making pledge to the flag will also no longer be exempted from showing full respect for the flag and will be asked to stand at attention.

The national anthem, however, would not be allowed to be played and sung preceding “events of recreation, amusement, or entertainment purposes."

But the anthem may be played during the following: international competitions where the Philippines is the host or has a representative; national and local sports competitions, during the “signing off” and “signing on” of radio broadcasting and television stations, before the initial and last screening of films and before the opening of theater performances; Provided, that the owners and management of the establishments shall be mandated to enforce proper decorum and implement the pertinent provisions of this act; and other occasions as may be allowed by the NHI.

The Oath of Patriotism must be recited after the singing of the national anthem in basic educational institutions. The Pledge of Allegiance may be recited as well, though the law did not specify who is required to do so.

In Section 20 of the bill states: “The observance of the flag ceremony in official or civic gatherings shall be simple and dignified and shall include the playing and mandatory singing of the national anthem in its original Filipino lyrics and march tempo.”

The proposal prohibits the wearing of the flag, seal or coat-of arms as part of a fashion accessory or merely as a design element.

It also bans the use or display of the flag as part of any advertisement or infomercial unless approved by the NHI.

To further instill national awareness for respect of the flag, education agencies of the government were tasked to ensure that students in all public and private institutions will “commit to memory” the national anthem.

Penalties imposed against violators include a fine ranging from P50,000 to P100,000 and imprisonment of up to two years.