The arrest of 34 moviegoers in Batangas for allegedly disrespecting the Philippine National Anthem has renewed interest and sparked debate on the Republic Act 8491 or the Flag and Heraldic Code of the Philippines.
The Philippine National Anthem should only be played and sang during the first and last screening of films, as stated in RA 8491.
However, the arrests in Batangas occurred at 2 p.m. during the second screening of “The How’s of Us” in a mall in Lemery, Batangas.
The Batangas police alleged that the moviegoers “did not stand in attention and disrespected the Philippine National Anthem while it was being played prior to the showing of movie film entitled The Hows of Us.”
The Philippine National Anthem should only be played and sang during the first and last screening of films, as stated in RA 8491.
However, the arrests in Batangas occurred at 2 p.m. during the second screening of “The How’s of Us” in a mall in Lemery, Batangas.
The Batangas police alleged that the moviegoers “did not stand in attention and disrespected the Philippine National Anthem while it was being played prior to the showing of movie film entitled The Hows of Us.”
Chief Inspector Alfie Salang of Batangas said in a radio interview that the arrests were part of “Oplan Bandila” conducted to teach Filipinos in the region to respect the national flag and the anthem while inside movie theaters.
“Bilang Pilipino, we should salute, we should respect our flag and our national anthem ‘pag ito po ay pinapatugtog,” Salang said.
He added that there were law enforcers in civilian clothing with surveillance cameras inside the movie house while those in uniform were stationed outside.
The “Oplan Bandila” operations will be conducted in all movie theaters in Region IV-A which is composed of the provinces of Cavite, Laguna, Batangas, Rizal, and Quezon.
The basis for the arrest is Section 38 of the heraldic code, wherein every person in a “public gathering” is required to sing the Philippine National Anthem “Lupang Hinirang” every time it is played.
The public to stand at attention and face the Philippine flag when the anthem is played. In case no flag is displayed, the public should face the band or the conductor.
Members of the uniformed services, security guards and trainees in uniform should execute a salute to the anthem as prescribed by their regulations. The public is also required to put their right palms over their left chests until the last note of the anthem.
The NHI is mandated to disseminate a copy of the “official music score sheet that reflects the manner in which the national anthem should be played or sung” to ensure standards are followed.
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 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.”
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, 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.
Cagayan de Oro city Rep. Maximo Rodriguez, Jr. authored a bill seeking to criminalize those who “do not accord the respect due the Philippine flag and the national anthem.”
As of writing, the bill is now pending in the House of Representatives as House Bill No. 5224.
A part of section 38 also seemed to be misunderstood or left out when Batangas police put them into custody.
In general, a mall, along with the amenities inside it, is a private establishment. People have to pay, no matter how small, when you dine, watch a movie, and at times use the restroom of this establishment.
Malls or shopping centers are also not included in the definition of a public space in The Public Assembly Act of 1985.
Mixed reactions
Local authorities of Batangas were praised while those who were arrested were criticized for the alleged disrespect of the Philippine flag.
However, others questioned if what the officers did was “illegal.”
http://www.interaksyon.com/the-real-deal-with-34-filipinos-arrested-for-disrespecting-philippine-anthem/
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