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
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
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