Friday, March 20, 2015

ARNEL PINEDA AND THE JOURNEY OF OUR “LUPANG HINIRANG”

MAKUKULONG NGA BA SI ARNEL PINEDA SA PAGKANTA NG PAMBANSANG AWIT?

Staging a highly controversial sideshow to the Pacquiao--Clottey fight last March 13 in the Cowboy Stadium here in Texas, USA was another kababayan, Journey Frontman Arnel Pineda. It was a much anticipated  rendition of the Philippine national anthem by no less than this humble kababayan who, like Manny Pacquiao, has brought pride to Filipinos around the world. 


We watched and heard him sing “Lupang Hinirang”, with the Filipino flag proudly waving on center stage, and our “Pambansang Kamao” about to bring another honor to the Philippines. Most of us must have been teary eyed and told ourselves, “I am proud to be Filipino”. After twelve rounds, we all knew Pacquiao won as expected. End of story? Not quite. The sideshow that was Arnel Pineda took off and had a life of its own. 

At the heart of the controversy was the National Historical Institute’s (NHI) attention-grabbing headline that it was planning to sue Arnel Pineda. The culprit? Arnel Pineda sang “Lupang Hinirang” in a much slower tempo than the original march tempo, and belted out the last two words of the song “out of tune”.    

It was  deja vu all over again. This issue has happened in a previous Pacquiao fight when  the Philippine Concert King Martin Nievera was also criticized, reprimanded and charged by the National Historical Institute for his “crooner” version of “Lupang Hinirang”. The institute has also called the attention of  Charice, Christian Bautista, Kyla, Karylle, Lani Misalucha and Jennifer Bautista for their erroneous rendition of our national anthem.     

Aware of such criticisms, Arnel was quick to apologize through his media interviews. This issue  was a surprise because prior to the fight, we even aired a sound bite of Arnel on TFC’s “Balitang America” where he gave a short sample of his version of  “Lupang Hinirang”. He said he would sing our national anthem in a way that would make us all proud and that it wouldn’t stir any controversy, or so he thought! After the fight, Arnel explained that he was singing from his heart. His being  “out of tune”  at the end of the song was due to the fact that he could hardly hear his voice when the crowd started cheering so loud even before he finished the song.   

This issue  has stirred passionate reaction from Filipinos worldwide, including my Facebook friends.  There are those who understand that the NHI is just implementing the law, no matter how harsh it is. NHI Chief Teddy Atienza  says, "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.”

The controversial law is Republic Act 8491 which stipulates that our national anthem “Lupang Hinirang "shall be in accordance with the musical arrangement and composition of Julian Felipe. It also states that “Lupang Hinirang" shall always be sung in the national language regardless if performed inside or outside the Philippines, and specifies that the singing must be done with fervor.

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.


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 education institutions. The Pledge of Allegiance to the Philippine Flag (Panunumpa ng Katapatan sa Watawat ng Pilipinas) may be recited as well, though the law did not specify who is required to do so.

Violation of this law may be punished by a fine of at least P20,000 or imprisonment of not more than one year.


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.

Those who believe in the “dura lex sed lex” (the law is harsh but the law should prevail) principle argue that this should be a lesson learned for all artists. Celebrities should never use their popularity to act as if they are entitled to be above the law. Most of our kababayans, however, are shocked to know there is such a law, while others take issue on the spirit  the law is being implemented.   

In the recent interview of Ka Lino Celle of WRMN-New Jersey with Teddy Atienza, the NHI Heraldry Division chief said  that there is a pending criminal case filed by the Department of Justice against Christian Bautista, Martin Nievera and that the NHI remain firm in its plan to file the same against Arnel Pineda. Atienza further added that while Arnel has apologized via media, he would need to do this in writing so the  NHI might reconsider its stand on this issue.   

Washington DC-based Fil-am lawyer Atty. Arnedo Valera  said technically speaking, the NHI could not file any criminal charges against Christian, Martin or Arnel because the Philippines does not have jurisdiction over America where the “crime” was “committed”. He further added that the NHI “could not use the Philippine criminal system or Penal Code  to curtail the freedom of expression of artists here in America. They (Christian, Martin, Arnel) might have sung it differently from its original intent as a marching song but in no way does it make it a criminal act because there was no criminal intent”.

Many of our kababayans  think filing criminal charges and wanting to put Arnel in jail when all that he did was sing the national anthem with such passion and make his country proud was absurd. Some called the NHI the epitome of the “talangka mentality” among us Filipinos. While they concede Arnel might have deviated from the original version of “Lupang Hinirang”, the charges and punishment were not commensurate to the alleged “crime”.   

What really infuriated many of our kababayans is the belief that the Philippine government does not really have the moral authority to speak about laws and rules that would have to be followed because they see how everyday, many elected and appointed government officials break the laws---nangungurakot, nandadaya sa eleksyon, nangaabuso sa mga karapatang pantao sa ngalan ng politika, pumapatay ng tao para sa  kapangyarihan--- and many of them are still walking around, doing their usual business scott free, hiding in their cloak of power and hypocrisy. Sila raw ang mga dapat na kinakasuhan, kinukulong at pinaparusahan hindi ang mga katulad ni Arnel Pineda!     

The National Historical Institute argues that it is just doing its job. Many of our kababayans counter-argue that what the NHI should be doing is to proactively spread awareness about  “Lupang Hinirang”, its history, how it is sang, and try to develop such interest on and appreciation of our national anthem among us Filipinos. Information and not litigation should be the NHI’s direction. Furthermore, our kababayans believe the NHI should focus its attention, energy and resources to the preservation of our historical sites, archiving and saving of our artifacts, and giving our people more information and access to these historical gems. This is the way to help inculcate respect and  appreciation of our history and heritage.  

While the law is there, the NHI says it  must be implemented. You think the law is antiquated? Senseless? Does it need to be better defined and clarified? Then we have to address this issue through proper channels. We need to write, call, email our Senators and Congressmen and ask them to clarify, amend, if not repeal the law. After all, we are all in agreement when it comes to the “soul’ of the intent of the law, and that is to give our “Lupang Hinirang” the respect it deserves.   

If we think certain provisions of the law do not work anymore, then maybe the law can be amended. What is important is important is that we do not deviate too much from the original melody and arrangement and definitely not change the national anthem to a rock or jazz song, or have such arrangement that would rival Michael Jackson’s obra.  Maybe we can allow  artists to change the tempo a little slower like how Arnel sang it.  Maybe the law can be amended  so that  we can sing “Lupang Hinirang”  with passion or melancholy or firm resolve instead of the marching-going-to-war feel the original version evokes. 

Our national anthem “Lupang Hinirang” has traversed its own journey. According to Wikpedia, it started out as a march written by Julian Felipe that has been adopted as the national anthem on June 11, 1898. Jose Palma’s poem “Filipinas” was adopted to be its lyrics in 1899. In the 1920s, the time signature was changed to 4/4 to facilitate its singing and the key was changed from the original C major to G. During the 1920s, with the repeal of the Flag Law, which banned the use of all Filipino national symbols, the American colonial government decided to translate the national hymn from Spanish to English. On May 26, 1956, our national anthem, was finally sung in Pilipino. Minor revisions were made in the 1960s, and it is this version, made by Felipe Padilla de Leon, which is in use today.


In 1998, the Filipino lyrics have been confirmed by a new national symbols law, the Republic Act No. 8491 or the Flag and Heraldic Code of the Philippines.  And up until this law is amended, it looks like Arnel Pineda, you and I are bound by our respect for this national symbol to sing it the "original traditional way" or we will go through this dilemma over and over again. And we can all do that, with a little proactive help from our friends from the National Historical Institute.