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	<title>Comments on: Flag and Heraldic Code of the Philippines (R.A. 8491)</title>
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	<link>https://jlp-law.com/blog/flag-and-heraldic-code-of-the-philippines-ra-8491/</link>
	<description>Philippine laws and legal system (JLP-Law blog)</description>
	<lastBuildDate>Wed, 24 Nov 2010 22:51:16 +0000</lastBuildDate>
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		<title>By: DukeZeus</title>
		<link>https://jlp-law.com/blog/flag-and-heraldic-code-of-the-philippines-ra-8491/comment-page-1/#comment-13429</link>
		<dc:creator>DukeZeus</dc:creator>
		<pubDate>Mon, 22 Mar 2010 08:40:20 +0000</pubDate>
		<guid isPermaLink="false">https://jlp-law.com/blog/?p=788#comment-13429</guid>
		<description>@njt
Let&#039;s put it this way:

As you yourself have stated, R.A. 8491 was passed into law and has been in effect since 12 February 1998. Do you mean to say that for more than a decade, no member of Congress (both upper and lower houses), or of the Judiciary, or even of the Philippine Bar Association has found R.A. 8491 to be unconstitutional? Or has even made a move to repeal, modify, or amend said Republic Act because it has trampled somebody&#039;s right to express him/her/itself? WOW! That boggles the mind, doesn&#039;t it?

That only suggests that R.A. 8491 neither tramples nor abridges one&#039;s right to express oneself.</description>
		<content:encoded><![CDATA[<p>@njt<br />
Let&#8217;s put it this way:</p>
<p>As you yourself have stated, R.A. 8491 was passed into law and has been in effect since 12 February 1998. Do you mean to say that for more than a decade, no member of Congress (both upper and lower houses), or of the Judiciary, or even of the Philippine Bar Association has found R.A. 8491 to be unconstitutional? Or has even made a move to repeal, modify, or amend said Republic Act because it has trampled somebody&#8217;s right to express him/her/itself? WOW! That boggles the mind, doesn&#8217;t it?</p>
<p>That only suggests that R.A. 8491 neither tramples nor abridges one&#8217;s right to express oneself.</p>
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		<title>By: njt</title>
		<link>https://jlp-law.com/blog/flag-and-heraldic-code-of-the-philippines-ra-8491/comment-page-1/#comment-12516</link>
		<dc:creator>njt</dc:creator>
		<pubDate>Fri, 29 May 2009 01:22:33 +0000</pubDate>
		<guid isPermaLink="false">https://jlp-law.com/blog/?p=788#comment-12516</guid>
		<description>I strongly convice section 53 &amp; 54 of this Act applies to section 37 which clearly curtails the freedom of expression guarranted by the 1987 Philippine Contitution, Bill of Rights Chapter III, Section 4. 


Sec. 53. Separability clause. — If any provision, or part hereof, is held invalid or unconstitutional, the remainder of this Act not otherwise affected shall be valid and subsisting.

Sec. 54. Repealing clause. — Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent with, the provisions of this Act is hereby repealed, modified, or amended accordingly.</description>
		<content:encoded><![CDATA[<p>I strongly convice section 53 &amp; 54 of this Act applies to section 37 which clearly curtails the freedom of expression guarranted by the 1987 Philippine Contitution, Bill of Rights Chapter III, Section 4. </p>
<p>Sec. 53. Separability clause. — If any provision, or part hereof, is held invalid or unconstitutional, the remainder of this Act not otherwise affected shall be valid and subsisting.</p>
<p>Sec. 54. Repealing clause. — Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent with, the provisions of this Act is hereby repealed, modified, or amended accordingly.</p>
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		<title>By: njt</title>
		<link>https://jlp-law.com/blog/flag-and-heraldic-code-of-the-philippines-ra-8491/comment-page-1/#comment-12514</link>
		<dc:creator>njt</dc:creator>
		<pubDate>Thu, 28 May 2009 23:54:16 +0000</pubDate>
		<guid isPermaLink="false">https://jlp-law.com/blog/?p=788#comment-12514</guid>
		<description>Hold on, I think you pray the wrong God here. What is sacred about Julian Felipe&#039;s musical arrangement compared to the sanctity of our freedom in which many heroes have fought and died to earn it? Are our heroes fighting only for this territory or our freedom with all the associated wealth? 
  
My concerned was why they would criminalize people if for some reasons they can&#039;t follow the mandated musical arrangement and limit the freedom of expression for those who are capable to express their respect of the national anthem better than Juan Felipe? In which it clearly states: No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances. 

Of course it&#039;s not absolute for anyone who abuses their freedom to cause or incite troubles in which in Martin&#039;s case he can lawfully express his freedom to respect the NA he believes few notes better than of Julian Felipe.
 
Although I don’t have problems following many of the provisions on RA 8491, but I’m sure this also discriminates and criminalizes many disabled people whose rights and privileges were likewise guaranteed by the constitution.</description>
		<content:encoded><![CDATA[<p>Hold on, I think you pray the wrong God here. What is sacred about Julian Felipe&#8217;s musical arrangement compared to the sanctity of our freedom in which many heroes have fought and died to earn it? Are our heroes fighting only for this territory or our freedom with all the associated wealth? </p>
<p>My concerned was why they would criminalize people if for some reasons they can&#8217;t follow the mandated musical arrangement and limit the freedom of expression for those who are capable to express their respect of the national anthem better than Juan Felipe? In which it clearly states: No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances. </p>
<p>Of course it&#8217;s not absolute for anyone who abuses their freedom to cause or incite troubles in which in Martin&#8217;s case he can lawfully express his freedom to respect the NA he believes few notes better than of Julian Felipe.</p>
<p>Although I don’t have problems following many of the provisions on RA 8491, but I’m sure this also discriminates and criminalizes many disabled people whose rights and privileges were likewise guaranteed by the constitution.</p>
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		<title>By: jimmy_andang</title>
		<link>https://jlp-law.com/blog/flag-and-heraldic-code-of-the-philippines-ra-8491/comment-page-1/#comment-12484</link>
		<dc:creator>jimmy_andang</dc:creator>
		<pubDate>Sat, 23 May 2009 22:49:38 +0000</pubDate>
		<guid isPermaLink="false">https://jlp-law.com/blog/?p=788#comment-12484</guid>
		<description>I don&#039;t see any abridgment of the freedom of expression in the passage of R.A. 8491. The law enhances respect and honor to our flag and country. We should not loss sight of the fact that freedom of expression is not absolute. Any expressions which desecrate our flag and country shall not be allowed. Let us not put to waste the triumphs of our dead heroes but glorify it. 

The letter and spirit of the law shall be applied to anybody, even our Pambansang Kamao shall not be spared from its enforcement. However, there is a House Bill sponsored by Rep. Escudero of Sorsogon which exempts athletes or any Filipino in using the Philippine Flag as part of their uniform to international, sports, cultural and scientific competitions or official functions abroad. I don&#039;t know if this has passed the third reading? I don&#039;t think it is a good idea to use the flag as uniform or part of their uniform even though they are representing our country. Placing our flag in the right breast of their clothing will suffice. This will be an added virtue to them - HUMILITY.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t see any abridgment of the freedom of expression in the passage of R.A. 8491. The law enhances respect and honor to our flag and country. We should not loss sight of the fact that freedom of expression is not absolute. Any expressions which desecrate our flag and country shall not be allowed. Let us not put to waste the triumphs of our dead heroes but glorify it. </p>
<p>The letter and spirit of the law shall be applied to anybody, even our Pambansang Kamao shall not be spared from its enforcement. However, there is a House Bill sponsored by Rep. Escudero of Sorsogon which exempts athletes or any Filipino in using the Philippine Flag as part of their uniform to international, sports, cultural and scientific competitions or official functions abroad. I don&#8217;t know if this has passed the third reading? I don&#8217;t think it is a good idea to use the flag as uniform or part of their uniform even though they are representing our country. Placing our flag in the right breast of their clothing will suffice. This will be an added virtue to them &#8211; HUMILITY.</p>
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		<title>By: njt</title>
		<link>https://jlp-law.com/blog/flag-and-heraldic-code-of-the-philippines-ra-8491/comment-page-1/#comment-12473</link>
		<dc:creator>njt</dc:creator>
		<pubDate>Mon, 18 May 2009 13:43:23 +0000</pubDate>
		<guid isPermaLink="false">https://jlp-law.com/blog/?p=788#comment-12473</guid>
		<description>How was RA 8491 been passed on February 12, 1998 abridging the freedom of expression that was guaranteed according to: 

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

ARTICLE III

Bill of Rights

SEC. 4.

No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances.</description>
		<content:encoded><![CDATA[<p>How was RA 8491 been passed on February 12, 1998 abridging the freedom of expression that was guaranteed according to: </p>
<p>THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES</p>
<p>ARTICLE III</p>
<p>Bill of Rights</p>
<p>SEC. 4.</p>
<p>No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances.</p>
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