Dear PAO,
I am a young lad who has a penchant for music that is why it is my habit to listen to FM radio even in the wee hours of the morning. What stirs my curiosity is that every time the FM radio station signs off, it plays our national anthem, the Lupang Hinirang. I have the utmost respect for our national anthem and in fact, as a sign of respect, I stand at attention whenever the Lupang Hinirang is being played. Is the playing of the national anthem on these occasions allowed by our current Philippine laws? I heard that our national anthem shall not be played for entertainment purposes. Please enlighten me on this matter.
Respectfully,
Charmaigne
Dear Charmaigne,
You are correct in saying that the Philippine national anthem shall not be played for entertainment purposes. However, this is not without exception. Republic Act (RA) 8491 or otherwise known as the Flag and Heraldic Code of the Philippines provides for the list of exceptions specifically under Section 38 thereof. Below is the exact provision from the said law. It provides:
“Section 38. When the National Anthem is played at a public gathering, whether by a band or by singing or both, or reproduced by any means, the attending public shall sing the anthem. The singing must be done with fervor.
“As a sign of respect, all persons shall stand at attention and face the Philippine flag, if there is one displayed, and if there is none, they shall face the band or the conductor. At the first note, all persons shall execute a salute by placing their right palms over their left chests. Those in military, scouting, citizens military training and security guard uniforms shall give the salute prescribed by their regulations. The salute shall be completed upon the last note of the anthem.
The anthem shall not be played and sung for mere recreation, amusement or entertainment purposes except on the following occasions: International competitions where the Philippines is the host or has a representative; local competitions; during the "signing on" and "signing off" of radio broadcasting and television stations; and 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.” (Emphasis supplied)
The Oath of Patriotism (Panatang Makabayan), shall also be recited in its original form, and shall be recited in all basic institutions after the singing of the national anthem. 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 law also states: “The observance 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.”
It is thus clear in the above-stated provision that playing the Philippine national anthem during the signing off and signing on of a radio broadcasting station is permitted under our laws. However, a person or a juridical entity may be punished when the anthem is played and sung for mere recreation, amusement or entertainment purposes on occasions other than the list enumerated above.
Section 50 of R. A. No. 8491 provides that any person or juridical entity which violates any of the provisions of the Act shall, upon conviction, be punished by a fine of not less than Five thousand pesos (P5,000) nor more than Twenty thousand pesos (P20,000), or by imprisonment for not more than one (1) year, or both such fine and imprisonment, at the discretion of the court: Provided, That for any second and additional offenses, both fine and imprisonment shall always be imposed: Provided, further, That in case the violation is committed by a juridical person, its President or Chief Executive Officer thereof shall be liable.
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We hope that we were able to enlighten you on the matter. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
I am a young lad who has a penchant for music that is why it is my habit to listen to FM radio even in the wee hours of the morning. What stirs my curiosity is that every time the FM radio station signs off, it plays our national anthem, the Lupang Hinirang. I have the utmost respect for our national anthem and in fact, as a sign of respect, I stand at attention whenever the Lupang Hinirang is being played. Is the playing of the national anthem on these occasions allowed by our current Philippine laws? I heard that our national anthem shall not be played for entertainment purposes. Please enlighten me on this matter.
Respectfully,
Charmaigne
Dear Charmaigne,
You are correct in saying that the Philippine national anthem shall not be played for entertainment purposes. However, this is not without exception. Republic Act (RA) 8491 or otherwise known as the Flag and Heraldic Code of the Philippines provides for the list of exceptions specifically under Section 38 thereof. Below is the exact provision from the said law. It provides:
“Section 38. When the National Anthem is played at a public gathering, whether by a band or by singing or both, or reproduced by any means, the attending public shall sing the anthem. The singing must be done with fervor.
“As a sign of respect, all persons shall stand at attention and face the Philippine flag, if there is one displayed, and if there is none, they shall face the band or the conductor. At the first note, all persons shall execute a salute by placing their right palms over their left chests. Those in military, scouting, citizens military training and security guard uniforms shall give the salute prescribed by their regulations. The salute shall be completed upon the last note of the anthem.
The anthem shall not be played and sung for mere recreation, amusement or entertainment purposes except on the following occasions: International competitions where the Philippines is the host or has a representative; local competitions; during the "signing on" and "signing off" of radio broadcasting and television stations; and 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.” (Emphasis supplied)
The Oath of Patriotism (Panatang Makabayan), shall also be recited in its original form, and shall be recited in all basic institutions after the singing of the national anthem. 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 law also states: “The observance 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.”
It is thus clear in the above-stated provision that playing the Philippine national anthem during the signing off and signing on of a radio broadcasting station is permitted under our laws. However, a person or a juridical entity may be punished when the anthem is played and sung for mere recreation, amusement or entertainment purposes on occasions other than the list enumerated above.
Section 50 of R. A. No. 8491 provides that any person or juridical entity which violates any of the provisions of the Act shall, upon conviction, be punished by a fine of not less than Five thousand pesos (P5,000) nor more than Twenty thousand pesos (P20,000), or by imprisonment for not more than one (1) year, or both such fine and imprisonment, at the discretion of the court: Provided, That for any second and additional offenses, both fine and imprisonment shall always be imposed: Provided, further, That in case the violation is committed by a juridical person, its President or Chief Executive Officer thereof shall be liable.
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We hope that we were able to enlighten you on the matter. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
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