By Dona Pazzibugan
Journey vocalist Arnel Pineda may have violated the law with his stylized singing of the national anthem during the Pacquiao-Clottey fight last Saturday in Texas (Sunday in Manila), according to Justice Secretary Alberto Agra.
Agra, concurrent Solicitor General, said Republic Act 8491, the Flag and Heraldic Code of the Philippines, it will be mandatory for students to memorize the national anthem at schools and clearly banned the singing or playing of “Lupang Hinirang” in any way other than the original musical arrangement made by composer Julian Felipe.
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 anthem in its original Filipino lyrics and march tempo.”
RA 8491 imposes a penalty of imprisonment of not more than one year or a fine of between P5,000 and P20,000, 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.
The Institute may prescribe in the implementing rules and regulations of this act other acts or omissions which shall be deemed disrespectful, and thus prohibited, relative to the flag, national anthem, great seal, coat-of-arms, national motto and other heraldic items and devices.
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.
Agra said he did not get to watch Pacquiao's latest fight so he could not say yet if Pineda violated the law, as the National Historical Institute (NHI) charged.
“In no uncertain terms the law is very categorical. Under our law we must follow the arrangement of Julian Felipe,” he said when asked for comment.
Should the NHI decide to pursue a case against Pineda to set an example to other singers who would be singing the national anthem in such a prominent event, Agra said government lawyers would have to settle the legal question of where to file the case since Pineda sang it in the United States.
“We are confronted with the issue of jurisdiction. I haven't been requested to issue a new (legal opinion on that),” Agra said.
Journey vocalist Arnel Pineda may have violated the law with his stylized singing of the national anthem during the Pacquiao-Clottey fight last Saturday in Texas (Sunday in Manila), according to Justice Secretary Alberto Agra.
Agra, concurrent Solicitor General, said Republic Act 8491, the Flag and Heraldic Code of the Philippines, it will be mandatory for students to memorize the national anthem at schools and clearly banned the singing or playing of “Lupang Hinirang” in any way other than the original musical arrangement made by composer Julian Felipe.
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 anthem in its original Filipino lyrics and march tempo.”
RA 8491 imposes a penalty of imprisonment of not more than one year or a fine of between P5,000 and P20,000, 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.
The Institute may prescribe in the implementing rules and regulations of this act other acts or omissions which shall be deemed disrespectful, and thus prohibited, relative to the flag, national anthem, great seal, coat-of-arms, national motto and other heraldic items and devices.
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.
Agra said he did not get to watch Pacquiao's latest fight so he could not say yet if Pineda violated the law, as the National Historical Institute (NHI) charged.
“In no uncertain terms the law is very categorical. Under our law we must follow the arrangement of Julian Felipe,” he said when asked for comment.
Should the NHI decide to pursue a case against Pineda to set an example to other singers who would be singing the national anthem in such a prominent event, Agra said government lawyers would have to settle the legal question of where to file the case since Pineda sang it in the United States.
“We are confronted with the issue of jurisdiction. I haven't been requested to issue a new (legal opinion on that),” Agra said.
