Respect the PH flag: Law cites prohibited uses, and sanctions for disrespectful acts


Showing respect for the Philippine flag is not just a suggestion, there is a law that protects the flag from any form of disrespect or desecration.

In the Philippines, a person found guilty of desecrating the flag would be criminally liable under Republic Act No. 8491 or the Flag and Heraldic Code of the Philippines. The law states that “reverence and respect” must be given at all times “to the flag, the anthem and other national symbols which embody the national ideals and traditions and which express the principles of sovereignty and national solidarity.”

Under the law, anyone failing or refusing to follow will be given a "public censure," which will be “published at least once in a newspaper of a general circulation.” A public censure is a light penalty, according to the Revised Penal Code.

RA No. 8491 states that any private institution violating the law, including disrespecting the Philippine flag, for the second time would get their permit cancelled by the Department of Education, Culture and Sports (renamed to the Department of Education) and Commission on Higher Education, on the recommendation of the National Historical Institute (renamed to the National Historical Commission of the Philippines) and after proper notice and hearing.

Once convicted, the violator will either pay a fine of not less than P5,000 but not more than P20,000, face an imprisonment not over a year, or both depending on the discretion of the court.

The violator, moreover, will pay a fine and face imprisonment for second and additional offenses.

Respect for the Philippine flag was brought to national attention recently when a 25-year-old man in Iloilo City was arrested for allegedly using the flag to cover a car, which he said was the order of his employer.

This was not the first time an individual was arrested for allegedly desecrating the national flag. In October 2021, a 27-year-old man was arrested for displaying the flag with the red field on top at Ninoy Aquino International Airport Terminal 3. The position of the red field on top states that the country is at war. (quote the exact words for this in the law.)

Prohibited acts
The public should avoid the following prohibited acts under section 34 of the law:

• “To mutilate, deface, defile, trample on or cast contempt any act or omission casting dishonor or ridicule upon the flag over its surface;”
• “To dip the flag to any person or object by way of compliment or salute;”
• “To use the flag as a drapery, festoon, tablecloth;” “as covering for ceilings, walls, statues or other objects;” “as a pennant in the hood, side, back and top of motor vehicles;” “as a staff or whip;” “for unveiling monuments or statues; and” “as trademarks or for industrial, commercial or agricultural labels or designs.”
• “Display the flag under any painting or picture;” “horizontally face-up. It shall always be hoisted aloft and be allowed to fall freely;” “below any platform; or” “in discotheques, cockpits, night and day clubs, casinos, gambling joints and places of vice or where frivolity prevails.
• “To wear the flag in whole or in part as a costume or uniform;”
• “To add any word, figure, mark, picture, design, drawings, advertisements, or imprint of any nature on the flag;”
• “To print, paint or attach representation of the flag on handkerchiefs, napkins, cushions, and other articles of merchandise;
• “To display in public any foreign flag, except in embassies and other diplomatic establishments, and in offices of international organizations;”
• “To use, display or be part of any advertisement of infomercial; and
• “To display the flag in front of buildings or offices occupied by aliens.”