Tuesday, March 16, 2010

NHI mulls filing a case vs Arnel Pineda

The National Historical Institute (NHI) is looking into the possibility of filing a complaint against Journey’s Filipino front man Arnel Pineda.

In a phone interview, Teddy Atienza, chief of NHI’s Heraldry Section, disclosed that the board was not pleased when it heard Pineda’s version of “Lupang Hinirang” during the Manny Pacquiao-Joshua Clottey fight in the United States.

Atienza lamented that Pineda, who was also criticized for wearing a cowboy-inspired polo instead of Barong Tagalog, sang the anthem slowly as opposed to the original march tempo.

He also scored the singer for belting out the last 2 words of “Lupang Hinirang.”

He said this was a clear violation of Republic Act (RA) 8491.

"Sa amin po personally hindi po niya nasunod ang sinasaad sa RA 8491 na ang sinasabi, ang pagkanta ng Lupang Hinirang ay dapat sundin ang komposisyon ni Julian Felipe," he said.

"Ngayon po ay nangangalap kami ng ebidensiya at testimonya ng kababayan natin tungkol dito. Gagawin namin ang report at pag-aaralan ng NHI board kung ano ang aksyon ng aming tanggapan,” he added.

Atienza said the board might hold a special meeting within the week to discuss the issue.

RA 8491 prescribes that any person who will violate its provisions may be punished by a fine of at least P20,000 or imprisonment of not more than one year.

Even moviegoers who do not stand up when the National Anthem is being played in cinemas will be sanctioned, as it empowers the security personnel and ushers in movie houses to arrest a violator and summon law enforcement officers to assist in conducting citizens' arrest.

Not alone

Pineda was not the first singer to be reprimanded by the NHI in connection with the wrong rendition of Lupang Hinirang. The institute also called the attention of Charice, Christian Bautista, Jennifer Bautista and Martin Nievera.

Atienza said the NHI is reprimanding these singers because it is part of the job of the institute to ensure that they follow the law.

"Nasa batas po kasi. Bilang tanggapan ng gobyerno na siyang nagpapatupad ng batas, hinihingi po namin ang tulong ng lahat, lalo na itong mga mangangantang sikat, na sana po ay kung ano ang natutunan natin sa paaralan ay sana po ay sundin natin,” he said.

Mixed reactions

Meantime, abs-cbnNEWS.com readers are divided over the issue.

While some lambasted the NHI for criticizing Pineda, others were also unhappy with the singer’s rendition of the national anthem.

Tsubibo commented: "Well, I didn't like Arnel Pineda's rendition of the Philippine National Anthem. He changed the melody in the end part of the song and got out of tune in the process. Notice the reaction on the face of Mr. Lito Camo who is standing next to him while Arnel Pineda was belting out and went out of tune? What a shame (sic)."

"Walang passion ang pagkakakanta ni arnel ng lupang hinirang. mali rin ang last few notes nung kinanta nya ito kahapon (sic)," cee chimed in.

Reader HammerSmithGrove, on the other hand, called for the amendment of the law.

“Wala naman sigurong masama don. yong mga kanta nga sa simbahan ilang beses ng pinapalitan ang notes. marahil yong batas noon maaaring hindi na angkop ngayon! (sic)" HammerSmithGrove noted.

https://news.abs-cbn.com/entertainment/03/15/10/nhi-mulls-filing-case-vs-arnel-pineda

OSG: Stylized rendition of anthem violates law

A stylized rendition of the national anthem violates Republic Act 8491, the Flag and Heraldic Code of the Philippines, it will be mandatory for students to memorize the national anthem at schools, Solicitor General and acting Justice Secretary Alberto Agra said yesterday.

Agra’s statement follows a plan expressed by the National Historical Institute (NHI) to file charges against Journey lead singer Arnel Pineda for his rendition of the national anthem before the bout of boxing icon Manny Pacquiao and Ghana native Joshua Clottey in Texas last Sunday.

Agra told reporters that Section 37 of RA 8491 prohibits the singing of Lupang Hinirang in a musical arrangement other than what was composed by Julian Felipe.

But the anthem may be played during the following: international competitions where the Philippines is the host or has a representative; local 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; and other occasions as may be allowed by the Institute.

The Oath of Patriotism (Panatang Makabayan) must be recited after the singing of the national anthem in basic education 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.

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

“We have to follow the law, and our law is very categorical. In singing the national anthem, you have to follow the arrangement of Julian Felipe,” he said.

He said this is the position of the Office of the Solicitor General, which he concurrently heads, when asked for its legal opinion by the NHI in connection with the stylized rendition of singer Martin Nievera during the bout of Pacquiao and British national Ricky Hatton last year.

But Agra said the NHI did not pursue the case because it was also told by the OSG there is a problem with jurisdiction since the alleged violation was committed in the US.

The Department of Justice (DOJ) chief also said he is not aware of any case wherein a person was charged and convicted for violating this law.

But Agra clarified that there is no case filed yet against Pineda in the DOJ so he could not comment yet on the latter’s possible violation of law.

“I also haven’t watched (Pineda’s rendition),” he added.

He said violators face a fine of P5,000 to P20,000, or by imprisonment for not more than one year, or both, at the discretion of the court.

Officials of the National Historical Institute are pushing to stuff a stocking in Pineda’s mouth as if he committed some earth-shaking crime.

All citizens to stand at attention and sing with fervor, as a sign of respect, when the National Anthem is played at public gatherings.

Even moviegoers who do not stand up when the National Anthem is being played in cinemas will be sanctioned if the measure subsequently, as it empowers the security personnel and ushers in movie houses to arrest a violator and summon law enforcement officers to assist in conducting citizens' arrest.

On Sunday, the NHI said it will file charges against Pineda before the DOJ.

But Pineda reportedly defended his version, saying he had sung it with all his heart. He said he would ask his lawyer to deal with the complaint once it is filed.

The NHI was criticized last year for painting the Calamba, Laguna house of national hero Jose Rizal green. The house, reconstructed in the 1950s, was dirty gray before it was repainted in May 2009.

http://www.philstar.com/metro/558054/osg-stylized-rendition-anthem-violates-law

Arnel Pineda apologizes to NHI (Update)

Whenever Pinoy boxing champ Manny Pacquiao fights, the Filipinos always look forward not only to the event itself, as well in flag-raising and lowering ceremonies in schools and offices but also to whoever will perform the Philippine national anthem, "Lupang Hinirang."

For several times already, the National Historical Institute (NHI) has given their thumbs down to the renditions of even the country's most popular singers who sang the National Anthem in Pacquiao's fights and other boxing matches. Among these were Pop Idol Jolina Magdangal, Concert King Martin Nievera, international singing sensation Charice Pempengco, Asia's Nightingale Lani Misalucha, romantic balladeer Christian Bautista, and Popstar Princess Sarah Geronimo.

NHI had also warned Geneva Cruz, RnB Princess Kyla, Jennifer Bautista, and La Diva (composed of Jonalyn Viray, Aicelle Santos, and Maricar Garcia) for not following the right tempo of "Lupang Hinirang."

After Pacquiao's bout against Ghana's Joshua Clottey last Sunday, March 14, the NHI said it might file a complaint against Arnel Pineda, the Filipino frontman of rock band Journey, for the "wrong" rendition of "Lupang Hinirang."

And that's what Pineda did.

In an interview with ABS-CBN News today, March 16, Pineda said: "I apologize for my dissatisfactory performance dun sa fight ni Pacquiao and Clottey sa Dallas, Texas, according to their standards. What can I do? I'm just doing my job... but then again hindi ako sorry kasi artistic freedom ko 'yon. It doesn't make me less of a Filipino dahil sa nabago ang pagkakanta."

Pineda also said that what he did was to the song was part of his "artistic freedom."

"Ano ba ang bago? 'Yong traditional na pagkanta ng 'Lupang Hinirang' ang gusto nilang marinig. On my part, I'm just doing my artistic freedom. I was there as Filipino representing Pacquiao and the Philippines, 'yon ang importante," he explained.

BELTING OUT THE LAST PART. In a separate interview with ABS-CBN News, NHI Heraldry Division chief Teddy Atienza related his disappointment on Pineda for singing the anthem slowly on the first part instead of the marching tempo. He also pointed out that the singer belted out the last part of "Lupang Hinirang."

The Republic Act 8941 (under Section 37) or the Flag and Heraldic Code states that: "The national anthem must be sung in accordance with the original musical arrangement of composer Julian Felipe, who gave it a marching tempo.

Felipe is the original music arranger of Lupang Hinirang in 1898. It has tune of march and the lyrics was adapted from the Spanish poem “Filipinas” written by Jose Palma only in 1899.

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; local 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; and other occasions as may be allowed by the Institute.

The Oath of Patriotism (Panatang Makabayan) must be recited after the singing of the national anthem in basic education 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.

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

Under Section 48 of RA 8491, “failure or refusal to observe the provisions of this Act; and any violation of the corresponding rules and regulations issued by the Office of the President, shall after proper notice and hearing, shall be penalized by public censure which shall be published at least once in a newspaper of general circulation.”

“We have to follow the law, and our law is very categorical. In singing the national anthem, you have to follow the arrangement of Julian Felipe,” he said.

He said this is the position of the Office of the Solicitor General, which he concurrently heads, when asked for its legal opinion by the NHI in connection with the stylized rendition of singer Martin Nievera during the bout of Pacquiao and British national Ricky Hatton last year.

But Agra said the NHI did not pursue the case because it was also told by the OSG there is a problem with jurisdiction since the alleged violation was committed in the US.

The Department of Justice (DOJ) chief also said he is not aware of any case wherein a person was charged and convicted for violating this law.

But Agra clarified that there is no case filed yet against Pineda in the DOJ so he could not comment yet on the latter’s possible violation of law.

“I also haven’t watched (Pineda’s rendition),” he added.

He said violators face a fine of P5,000 to P20,000, or by imprisonment for not more than one year, or both, at the discretion of the court.

Officials of the National Historical Institute are pushing to stuff a stocking in Pineda’s mouth as if he committed some earth-shaking crime.

Even moviegoers who do not stand up when the National Anthem is being played in cinemas will be sanctioned, as it empowers the security personnel and ushers in movie houses to arrest a violator and summon law enforcement officers to assist in conducting citizens' arrest.

Pineda admitted that he went off-pitch on the last two stanza of “Lupang Hinirang.”

"Alam ko naman na nag-flat ako, kasi ang parte na 'yon na nagsimula nang magsigawan ang tao. Wala akong ear monitor. Hindi ko na marinig ang sarili ko noong pumapasok ako doon sa line na 'Lupa ng araw ng luwalhati't pagsinta.' Sumisigaw na sila, highlight ng melody ng kanta 'yon so unti-unti hindi ko naririnig," he said.

On Sunday, the NHI said it will file charges against Pineda before the DOJ.

But Pineda reportedly defended his version, saying he had sung it with all his heart. He said he would ask his lawyer to deal with the complaint once it is filed.


The NHI was criticized last year for painting the Calamba, Laguna house of national hero Jose Rizal green. The house, reconstructed in the 1950s, was dirty gray before it was repainted in May 2009.