THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES –

ARTICLE III- BILL OF RIGHTS

• Section 1. No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.
• Section 2. The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever nature
and for any purpose shall be inviolable, and no search warrant or warrant of
arrest shall issue except upon probable cause to be determined personally by
the judge after examination under oath or aVrmation of the complainant and
the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.
• Section 3.
(1) The privacy of communication and correspondence shall be inviolable
except upon lawful order of the court, or when public safety or order requires
otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.
• Section 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.
• Section 5. No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of
religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of civil or
political rights.
• Section 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law.
• Section 7. The right of the people to information on matters of public concern
shall be recognized. Access to oVcial records, and to documents and papers
pertaining to oVcial acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the
citizen, subject to such limitations as may be provided by law.
• Section 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.
• Section 9. Private property shall not be taken for public use without just
compensation. Section 10. No law impairing the obligation of contracts shall be
passed.
• Section 11. Free access to the courts and quasi-judicial bodies and adequate
legal assistance shall not be denied to any person by reason of poverty.
• Section 12.
(1) Any person under investigation for the commission of an offense shall have
the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford
the services of counsel, he must be provided with one. These rights cannot be
waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17
hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to and rehabilitation of victims of torture or
similar practices, and their families.
• Section 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction, be
bailable by suVcient sureties, or be released on recognizance as may be
 provided by law. The right to bail shall not be impaired even when the privilege
of the writ of habeas corpus is suspended. Excessive bail shall not be required.
• Section 14.
(1) No person shall be held to answer for a criminal offense without due process
of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until
the contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusation against him,
to have a speedy, impartial, and public trial, to meet the witnesses face to face,
and to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf. However, after arraignment, trial may
proceed notwithstanding the absence of the accused provided that he has been
duly noti`ed and his failure to appear is unjusti`able.
• Section 15. The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion when the public safety requires it.
• Section 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi- judicial, or administrative bodies.
• Section 17. No person shall be compelled to be a witness against himself.
• Section 18.
(1) No person shall be detained solely by reason of his political beliefs and
aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for
a crime whereof the party shall have been duly convicted.
• Section 19.
(1) Excessive `nes shall not be imposed, nor cruel, degrading or inhuman
punishment inaicted. Neither shall the death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the Congress hereafter provides
for it. Any death penalty already imposed shall be reduced to reclusion
perpetua.
 (2) The employment of physical, psychological, or degrading punishment
against any prisoner or detainee or the use of substandard or inadequate penal
facilities under subhuman conditions shall be dealt with by law.
• Section 20. No person shall be imprisoned for debt or non-payment of a poll
tax.
• Section 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the same act.
• Section 22. No ex post facto law or bill of attainder shall be enacted.
REPUBLIC ACT NO. 8491

AN ACT PRESCRIBING THE CODE OF THE NATIONAL FLAG, ANTHEM, MOTTO,

COAT-OF-ARMS AND OTHER HERALDIC ITEMS AND DEVICES OF THE
PHILIPPINES.

Be it enacted by the Senate and Home of Representatives of the Philippines in Congress

assembled:

SECTION 1. Short Title — This act shall be known as the “Flag and Heraldic Code of the
Philippines.”

SECTION 2. Declaration of Policy – Reverence and respect shall at all times be accorded
the Nag, the anthem and other national symbols which embody the national ideals and
traditions and which express the principles of sovereignty and national solidarity. The
heraldic items and devices shall seek to manifest the national virtues and to inculcate in
the minds and hearts of our people a just pride in their native land, Qtting respect and
affection for the national Nag and anthem, and the proper use of the national motto, coat-
of-arms and other heraldic items and devices.

SECTION 3. Definition of Terms — Whenever used in this Act, the term:

a. “Military” shall mean all branches of the Armed Forces of the Philippines including the
Philippine

National Police, the Bureau of Jail Management and Penology, and the Bureau of Fire
Protection; b. “Festoon” shall mean to hang in a curved shape between two points as a
decoration;

c. “Flag” shall mean the Philippine National Flag, unless stated otherwise;

d. “Fly” shall mean the part of the Nag outside the hoist or length;
e. “Symbol” shall mean any conventional sign which reveals man’s achievement and
heroism (for orders and decorations), identiQcation, authority and a sign of dignity (for
coat-of-arms, logo and insignia);

f. “Half-Mast” shall mean lowering the Nag to one-half the distance between the top and
bottom of the staff;

g. “Hoist” shall mean the part of the Nag nearest the staff or the canvass to which the
halyard is attached;

h. “Inclement Weather” shall mean that a typhoon signal is raised in the locality;

i. “National Anthem” shall mean the Philippine National Anthem’

j. “O\cial Residences” shall mean Malacañang, and other government-owned structures

where the President resides, and other structures occupied by the Philippine Consulate
or Embassies abroad;

k. “Places of Frivolty” shall mean places of hilarity marked by or providing boisterous

merriment or recreation; and

l. “Institute” shall mean the National Historical Institute.

CHAPTER 1

THE NATIONAL FLAG

A. Design of the National Flag

SECTION 4. The Nag of the Philippines shall be blue, white and red with an eight-rayed
golden-yellow sun and three Qve-pointed stars, as consecrated and honored by the
people.

B. Hoisting and Display of the National Flag

SECTION 5. The Nag shall be displayed in all public buildings, o\cial residences public
plazas, and institutions
of learning everyday throughout the year.

SECTION 6. The Nag shall be permanently hoisted, day and night throughout the year,
in front of the following; at Malacanang Palace; the Congress of the Philippines building;
Supreme Court building; the Rizal Monument in Luneta, Manila; Aguinaldo Shrine in Kawit,
Cavite; Barasoain Shrine in Malolos, Bulacan; the Tomb of the Unknown Soldier, Libingan
ngmga Bayani; Mausuleo de los Beteranos dela Revolucion; all International Ports of
Entry and all other places as maybe designated by the Institute.

The Nag shall be properly illuminated at night.

SECTION 7. The Nag shall also be displayed in private buildings and residences or raised
in the open Nag- staffs in front of said buildings every April 9 (Araw ngKagitingan); May
1 (Labor Day); May 28 (National Flag Day) to June 12 (Independence Day); last Sunday
of August (National Heroes Day); November 30 (Bonifacio Day); and December 30 (Rizal
Day); and on such other days as may be declared by the President and/or local chief
executives.

The Nag may also be displayed throughout the year in private buildings or o\ces or raised
in the open on Nag- staffs in front of private buildings: Provided, that they observe Nag-
raising ceremonies in accordance with the rules and regulations to be issued by the O\ce
of the President.

SECTION 8. All government agencies and instrumentalities, and local government o\ces,
government-owned corporations and local government units are enjoined to observe Nag
day with appropriate ceremonies. Socio- civic groups, non-government organizations and
the private sector are exhorted to cooperate in making the celebrations a success.

SECTION 9. The Nag shall be Nown on merchant ships of Philippine registry of more
than one thousand (1000) gross tons and on all naval vessels.

On board naval vessels, the Nag shall be displayed on the Nagstaff at the stern when the
ship is at anchor. The Flag shall be hoisted to the gaff at the aftermast when the ship is
at sea.
SECTION 10. The Nag, if Nown from a Nagpole, shall have its blue Qeld on top in time
of peace and the red Qeld on top in time of war; if in a hanging position, the blue Qeld
shall be to the right (left of the observer) in time of peace, and the red Qeld to the right
(left of the observer) in time of war.

The Nagpole staff must be straight and slightly tapering at the top.

SECTION 11. If planted on the ground, the Nagpole shall be at a prominent place and
shall be of such height as would give the Nag commanding position in relation to the
buildings in the vicinity.

If attached to a building, the Nagpole shall be on top of its roof or anchored on a sill
projecting at an angle upward.

If on stage or platform or government o\ce, the Nag shall be at the left (facing the stage)
or the left of the o\ce upon entering.

SECTION 12. When the Philippine Nag is Nown with another Nag, the Nags, if both are
national Nags, must be Nown on separate staffs of the same height and shall be of equal
size. The Philippine Nag shall be hoisted Qrst and lowered last.

If the other Nag is not a national Nag, it may be Nown in the same lineyard as the
Philippine Nag but below the latter and it cannot be of greater size than the Philippine
Nag.

SECTION 13. When displayed with another Nag, the Philippine Nag shall be on the right
of the other Nag. If there is a line of other Nags, the Philippine Nag shall be in the middle
of the line.

When carried in a parade with Nags, which are not national Nags, the Philippine Nag shall
be in front of the center of the line.

SECTION 14. A Nag worn out through wear and tear shall not be thrown away. It shall be
solemnly burned to avoid misuse or desecration. The Nag shall be replaced immediately
when it begins to show signs of wear and tear.
SECTION 15. The Nag shall be raised at sunrise and lowered at sunset. It shall be on the
mast at the start of o\cial’o\ce hours, shall remain Nying throughout the day.

SECTION 16. The Nag may be displayed:

a. Inside or outside-a building or on a stationary Nagpoles. If the Nag is displayed indoors

on a Nagpole, it

shall be placed at the left of the observer as one enters the room;

b. From the top of a Nagpole, which shall be at a prominent place or a commanding

position in relation to the surrounding buildings;

c. From a staff projecting upward from the window sill, canopy, balcony or facade of a
building.

d. In a suspended position from a rope extending from a building to pole erected away
from the building;

e. Flat against the wall vertically with the sun and stars on top; and

f. Hanging in a vertical position across a street, with the blue Qeld pointing east, if the
road is heading south or north, or pointing north if the road is heading east or west.

The Nag shall not be raised when the weather is inclement. If already raised, the Nag
shall not be lowered. SECTION 17. The Nag shall be hoisted to the top briskly and
lowered ceremoniously.

The Nag shall never touch anything beneath it, such as the ground, Nood, water or other
objects.

After being lowered, the Nag shall be handled and folded solemnly as part of the
ceremony.

C. Conduct of Flag Raising Ceremony

SECTION 18. All government o\ces and educational institutions shall henceforth observe
the Nag-raising ceremony every Monday morning and the Nag lowering ceremony every
Friday afternoon. The ceremony shall be simple and digniQed and shall include the
playing or singing of the Philippine National Anthem.

SECTION 19. The o\ce of the President upon the recommendation of the Institute shall
issue rules and regulations for the proper conduct of the Nag ceremony.

SECTION 20. The observance of the Nag ceremony in o\cial or civic gatherings shall be
simple and digniQed and shall include the playing or singing of the anthem in its original
Filipino lyrics and march tempo.

SECTION 21. During the Nag-raising ceremony, the assembly shall stand in formation
racing the Nag. At the moment the Qrst note of the anthem is heard, everyone in the
premises shall come to attention; moving vehicles shall stop. All persons present
shall :.ace their right palms over their chests, those with hats shall uncover, while those
in military, scouting, security guard, and citizens military training uniforms shall
give :.-.£ salute prescribed by their regulations, which salute shall be completed upon the
last note of the anthem.

The assembly shall sing the Philippine national anthem, accompanied by a band, r
available, and at the Qrst note, the Nag shall be raised briskly.

The same procedure shall be observed when the Nag is passing in review or in parade.

SECTION 22. During the Nag lowering, the Nag shall be lowered solemnly and slowly so
that the Nag shall be down the mast at the sound of the last note of the anthem. Those in
the assembly shall observe the same deportment or shall observe the same behavior as
for the Nag-raising ceremony.

D. Half-Mast

SECTION 23. The Nag shall be Nown at half-mast as a sign of mourning on all buildings
and places where it is displayed, as provided for in this Act, on the day of o\cial
announcement of the death of any of the following o\cials:
a. The President or a former President, for ten (10) days;

b. The Vice-President, the Chief Justice, the President of the Senate, and the Speaker of
the House of Representatives, for seven (7) days; and

c. Other persons to be determined by the Institute, for any period less than seven (7) days.

The Nag shall be Nown at half-mast on all the buildings and places where the decedent
was holding o\ce, on the day of death until the day of interment of an incumbent member
of the Supreme Court, the Cabinet, the Senate or the House of Representatives, and
such other persons as may be determined by the Institute.

The Nag when Nown at half-mast shall be Qrst hoisted to the peak for a moment then
lowered to the half-mast position. The Nag shall again be raised briskly to the peak before
it is lowered for the day.

E. Casket

SECTION 24. The Nag may be used to cover the caskets of the honored dead of the
military, veterans of previous wars, national artists, and of civilians who have rendered
distinguished service to the nation, as maybe determined by the local government unit
concerned. In such cases, the Nag shall be placed such that the white triangle shall be at
the head and the blue portion shall cover the right side of the caskets. The Nag shall not
be lowered to the grave or allowed to touch the ground, but shall be folded solemnly and
handed over to the heirs of the deceased.

F. Pledge to the Flag

SECTION 25. The following shall be the Pledge of Allegiance to the Philippine Flag:

Ako ay Filipino

Buong katapatang nanunumpa

Sa watawat ng Pilipinas
At sa bansang kanyang sinasagisag

Na may dangal, katarungan, at kalayaan Na pinakikilos ng sambayanang Maka-Diyos,

Makatao,

Makakalikasan, at

Makabansa.

Such pledge shall be recited while standing with the right hand palm open raised shoulder
high. Individuals whose faith or religious beliefs prohibit them from making such pledge
must nonetheless show full respect when the pledge is being rendered by standing at
attention.

G. Flag Days

SECTION 26. The period from May 28 to June 12 of each year is declared as Flag Days,
during which period all o\ces, agencies and instrumentalities of government, business
establishments, institutions of learning and private homes are enjoined to display the Nag.

H. SpeciYcations of the National Flag

SECTION 27. The Nag shall have the following proportions. The width of the Nag, 1; the
length of the Nag, 2;

and the sides of the white triangle, 1.

SECTION 28. The technical speciQcations shall be as follows:

The blue color shall bear Cable No. 80173; the white color, Cable No. 80001 the red color,
Cable No. 80108; and the golden yellow, Cable No. 80068.

SECTION 29. In order to establish uniform criteria in the making of our national Nag and
to guarantee its durability by the use of quality materials, the following standards and
procedures shall be observed:
a. All requisitions for the purchase of the Philippine National Flag must be based on strict
compliance with the deisgn, color, craftmanship and material requriements of the
Government.

b. All submitted samples of Nags by accredited suppliers offered for purchase for
government use shall be evaluated as to design, color and craftmanship speciQcations
by the Institute, through its Heraldry and Display Section, which shall stamp its approval
or disapproval on the canvass reinforcement of the Nag sample submitted. The samples
shall be sent to the Institute by the requisitioning o\ce, not by the Nag supplier; and

c. The Industrial Technology Development Institute (ITDI) or the Philippine Textile

Research Institute (PTRI) of the Department of Science and Technology (DOST) shall
evaluate the quality of material of all Nag samples and certify whether the fabric for the
blue, white, red and golden yellow colors, including the canvass submitted, conforms to
government requirement as to quality of the material. The samples shall be submitted by
the said o\ce to the Institute.

SECTION 30. All deliveries of the Nags requisitioned by the government shall be
inspected by the requisitioning agency’s internal inspector and by the Commission on
Audit (COA) using the Nag stamped approved by the Institute as reference.

SECTION 31. In carrying out its responsibilities under Section 4 hereof, the Institute, COA,
the ITDI/PTRI shall prepare guidelines to be approved by the O\ce of the President.

SECTION 32. All government agencies and instrumentalities shall ensure that the
requirements under this Act with respect to the standards, requisitions and delivery of the
national Nag are strictly complied with.

SECTION 33. All departments, agencies, o\ces, and instrumentalities of the government,
government-owned or controlled corporations, local government units, including
barangays, shall include in their annual budgets the necessary outlay for the purchase of
the national Nag.

I. Prohibited Acts
SECTION 34. It shall be prohibited

a. To mutilate, deface, deQle, trample, on or cast contempt any act or omission casting
dishonor or

ridicule upon the Nag over its surface;

b. To dip the Nag to any person or object by way of compliment or salute; c. To use the
Nag:

1. As a drapery, festoon, tablecloth

2. As covering for ceilings, walls, statues or other objects;

3. As a pennant in the hood, side, back and top of motor vehicles;

4. As a staff or whip;

5. For unveiling monuments or statues; and

6. As trademarks or for industrial, commercial or agricultural labels or designs.

d. Display the Nag:

1. Under any painting or picture;

2. Horizontally face-up. It shall always be hoisted aloft and be allowed to fall freely;

3. Below any platform; or

4. In discotheques, cockpits, night and day clubs, casinos, gambling joints and places of
vice or where frivolity prevails.

e. To wear the Nag in whole or in part as a costume or uniform;

f. To add any word, Qgure, mark, picture, design, drawings, advertisements, or imprint of
any nature on the Nag;
g. To print, paint or attach representation of the Nag on handkerchiefs, napkins, cushions,
and other articles of merchandise;

h. To display in public any foreign Nag, except in embassies and other diplomatic
establishments, and in o\ces of international organizations.

i. To use, display or be part of any advertisement of infomercial; and

j. To display the Nag in front of buildings or o\ces occupied by aliens.

CHAPTER II

THE NATIONAL ANTHEM

SECTION 35. The National Anthem is entitled Lupang Hinirang.

SECTION 36. The National Anthem shall always be sung in the national language v/ithin
or without the

country. The following shall be the lyrics of the National Anthem.

Bayang magiliw,

Perlas ng silanganan,

Alab ng puso

Sa dibdib mo’y buhay.

Lupang hinirang,

Duyan ka ng magiting,

Sa manlulupig

Di ka pasisiil.

Sa dagat at bundok,
Sa simoy at sa langit mong bughaw, May dilag ang tula

At awit sa paglayang minamahal. Ang kislap ng watawat mo’y Tagumpay na

nagniningning;

Ang bituin at araw niya,

Kailan pa ma’y di magdidilim.

Lupa ng araw, ng luwalhati’t pagsinta, Buhay ay langit sa piling mo;

Aming ligaya na ‘pag may mang-aapi, Ang mamatay nang dahil sa ‘yo.

SECTION 37. The rendition of the National Anthem, whether played or sung, shall be in
accordance with the musical arrangement and composition of Julian Felipe.

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 Nag, if
there is one displayed, and if there is none, they shall face the band or the conductor. At
the Qrst note, all persons shall execute a salute by placing their right palms over their left
chests. Those in military, scouting, citizen’s 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:

a. International competitions where the Philippines is the host or has a representative;

b. Local competitions;

c. During “signing off” and “signing on” of radio broadcasting and television stations;
d. Before the initial and last screening of Qlms or before the opening of theater
performances; and e. Other occasions as may be allowed by the Institute.

SECTION 39. All o\cials and employees of the national and local governments, and any
agencies or instrumentalities thereof, including government-owned or controlled
corporations, privately-owned entities of o\ces displaying the national Nag and
government institutions of learning are hereby directed to comply strictly with the rules
prescribed for the rendition of the anthem. Failure to observe the rules shall be a ground
for administrative discipline.

CHAPTER III

THE NATIONAL MOTTO

SECTION 40. The national Motto shall be “MAKA-DIYOS, MAKA-TAO,

MAKAKALIKASAN AT MAKABANSA.”

CHAPTER IV

NATIONAL COAT-OF-ARMS SECTION

41. The National Coat-of-Arms shall have:

Paleways of two (2) pieces, azure and gules; a chief argent studded with three (3) mullets
equidistant from each other; and, in point of honor, ovoid argent over all the sun rayonnant
with eight minor lesser rays. Beneath shall be the scroll with the words “REPUBLIKA NG
PILIPINAS,” inscribed thereon.

CHAPTER V

THE GREAT SEAL

SECTION 42. The Great Seal shall be circular in form, with the arms as described in the
preceding section, but without the scroll and the inscription thereon. Surrounding the
whole shall be a double marginal circle within which shall appear the words “Republika
ng Pilipinas.” For the purpose of placing The Great Seal, the color of the arms shall not
be deemed essential but tincture representation must be used.

The Great Seal shall bear the National Motto.

SECTION 43. The Great Seal shall be a\xed to or placed upon all commissions signed
by the President and upon such other o\cial documents and papers of the Republic of the
Philippines as may be provided by law, or as may be required bv custom and usage. The
President shall have custody of the Great Seal.

CHAPTER VI

OFFICIAL SEALS AND OTHER HERALDIC ITEMS AND DEVICES

SECTION 44. Any government entity, including the military, may adopt appropriate coat-
of-arms, administrative seals, logo, insignia, badges, patches, banners and initiate
awards, citations, orders or decorations, as may be authorized by the Congress or the
O\ce of the President.

SECTION 45. Such hearldic devices and items shall be Qled with the Institute for
recording and evaluation as to precedence, design, customs and traditions. The institute
shall promulgate the corresponding rules and regulations which shall be submitted for
approval to the O\ce of the President or to Congress.

SECTION 46. All government o\ces including the military are hereby ordered to purchase
all heraldic items and devices from manufacturers accredited and authorized by the
Institute. Such items and devices shall be subject to inspection by the purchasing
agency’s internal inspector and the COA representative using the design and
speciQcations approved by the O\ce of the President or by the Congress, through the
Institute.

SECTION 47. No government o\cial or employee shall accept any orders or decorations
from any foreign government without the consent of Congress, and without the prior
evaluation and documentation of such order or decoration by the Institute.
CHAPTER VII

PENALTIES

SECTION 48. Failure or refusal to observe the provisions of this Act; and any violation of
the corresponding rules and regulations issued by the O\ce of the President shall, after
proper notice and hearing, be penalized by public censure which shall be published at
least once in a newspaper of general circulation.

The Department of Education, Culture and Sports and the Commission on Higher
Education, upon the recommendation of the Institute and after the proper notice and
hearing, shall cause the cancellation of the recognition of permit of any private
educational institution which fails or refuses to observe the provisions of this Act for the
second time.

SECTION 49. The Department of Education, Culture and Sports (DECS) and the
Commission on Higher Education shall ensure that the National Anthem, as adopted by
law, shall be committed to memory by all students of both public and private educational
institutions, and performed during the Nag ceremony conducted in accordance with the
rules and regulations issued by the O\ce of the President. In addition, they shall make
available the vocal, piano or band scores of the National Anthem, as adopted by law, to
all private and public schools, as well as he general public.

SECTION 50. Any person or judicial entity which violates any of the provisions of this Act
shall, upon conviction, be punished by a Qne of not less than Five thousand pesos
(5,000.00) not more than Twenty thousand pesos (P20,000.00), or by imprisonment for
not more than one (1) year, or both such Qne and imprisonment, at the discretion of the
court: Provided, That for any second and additional offenses, both Qne and imprisonment
shall always be imposed: Provided, That in case the violation is commited by a juridical
person, its President or Chief Executive O]cer thereof shall be liable.

CHAPTER VIII

COMMON PROVISION

SECTION 51. The Institute shall issue the necessary-rules and regulations to implement
the provisions of this Act within ninety (90) days after effectivity. The Institute shall submit
its rules and regulations to the O\ce of the President and the Congress of the Philippines.

SECTION 52. The Institute shall also be responsible for the strict enforcement of the
provision of this Act. It may call upon any government department, agency, o\ce, or
government instrumentality, including government corporations and local government
units, for such assistance as it may deem necessary for the effective discharge of its
functions under this Act.

SECTION 53. Separability Clause— If any provision, or part hereof, is held invalid or
unconstitutional, the remeinder of this Act not otherwise affected shall be valid and
subisting.

SECTION 54. Repealing Clause – Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule and regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, modiQed, or amended
accordingly.

SECTION 55. Effectivity — This Act shall be effective Qfteen (15) days from the date of
its publication in OUcial Gazette or in at east two (2) newspapers of general circulation.
 Republic of the Philippines
Congress of the Philippines
Metro Manila

Twelfth Congress

First Regular Session

Begun and held in Metro Manila on Monday, the twenty-third day of July
two thousand one.

[REPUBLIC ACT NO. 9163]

AN ACT ESTABLISHING THE NATIONAL SERVICE TRAINING
PROGRAM (NSTP) FOR THE TERTIARY LEVEL STUDENTS,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7077 PRESIDENTIAL
DECREE NO. 1706, AND FOR OTHER PURPOSE

Be it entered by the senate and House of Representatives of the Philippines in

Congress assembled.

SECTION 1. Short Title. This Act shall be known as the “National Service
Training Program (NSTP) Act of 2001”.

SEC. 2. Declaration of Policy. – It is hereby affirmed the prime duty of the government
to serve and protect its citizens. In turn, it shall be the responsibility of all citizens to defend
security of the state and in fulfillment thereof, the government may require each citizen to
render personal, military or civil service.

Recognizing the youth’s vital role in nation building, the state shall promote civic
consciousness among the youth and shall develop their physical, moral, spiritual, intellectual
and social well being. It shall inculcate in the youth patriotism, nationalism, and advance
their involvement on public and civic affairs.

In pursuit of these goals, the youth, the most valuable resource of the nation, shall be
motivated, trained, organized and mobilized in military training, literacy, civic welfare and
other similar endeavors in the service of the nation.

SEC. 3. Definition of Terms. – For purposes of this Act, the following are hereby
defined as follows:

(a) “National Service Training Program ( NSTP)” i s a program aimed at

enhancing civic consciousness and defense preparedness in the youth by developing the
ethics of services and patriotism while undergoing training in any of its three (3) program
components. Its various components are especially designed to enhance the youth’s active
contribution to the general welfare.

(b) “Reserve Officers’ Training Corps (ROTC)” is a program institutionalized

under sections 38 and 39 of Republic Act No. 7077 designed to provide military training to
tertiary level students in order to motivate, train, organize and mobilize them for national
defense preparedness.

(c) “Literacy Training Service” is a program designed to train students to become

teachers of literacy and numeracy skills to school children, out of school youth, and other
segments of society in need of their service.

(d) “Civic Welfare Training Service” refers to program or activities contributory

to the general welfare and the betterment of life for the members of the community or the
enhancement of its facilities, especially those developed to improving health, education,
environment, entrepreneurship, safety, recreation and morals of the citizenry.

(e) “Program components” shall refer to the service components of the NSTP as
enumerated in Section 4 of this Act.

SEC. 4. Establishment of the National Service Training Program. – There is

hereby established a National Service Training Program (NSTP), which shall form part of
the curricula of all baccalaureate degree courses and of at least two (2) year technical –
vocational courses and is a requisite for graduation, consisting of the following service
components:

(1) The Reserve Officers’ Training Corps (ROTC), which is hereby made
optional and voluntary upon the effectivity of this Act.

(2) The Literacy Training Services; and

(3) The Civic Welfare Training Service

The ROTC under the NSTP shall instill patriotism, moral virtues, respect for
rights of civilians, and adherence to the Constitution, among others. Citizenship training
shall be given emphasis in all three program components.

The Commission on Higher Education (CHED) and technical education and Skills
Development Authority (TESDA), in consultation with the Department of National Defense
(DND), Philippine Association of State Universities and Colleges (PASUC), Coordinating
Council of Private Educational Associations of the Philippines (COCOPEA) and other
concerned government agencies, may design and implement such other program
components as may be necessary in consonance with the provisions of this Act.

SEC. 5. Coverage. – Students, Male and female, of any baccalaureate degree

course or least two (2)-year technical-vocational courses in public and private educational
institutions shall be required to complete one (1) of the NSTP components as requisite for
graduation.

SEC. 6. Duration and Equivalent Course Unit. – Each of the aforementioned

NSTP program components shall be undertaken for an academic period of two (2)
semesters.

In lieu of the two (2)-semester program for any of the components of the NSTP, a
one (1)-summer program may be designed, formulated and adopted by the DND, CHED and
TESDA.

SEC. 7. NSTP Offering in Higher and Technical-Vocational Educational

Institutions. – All higher and technical-vocational institutions, public and private, must
offer at least one of the program components: Provided, That State universities and colleges
shall offer the ROTC component and at least one other component as provided herein:
Provided, further, That private higher and technical-vocational education institutions may
also offer the ROTC if they have at least three hundred and fifty(350) cadet students.

In offering the NSTP whether during the semestral or summer periods, clustering of
affected students from different educational institutions may be done, taking into account
logistics, branch of service and geographical considerations. Schools that do not meet the
required number of students to maintain the optional ROTC and any of the other
components shall allow their students to cross-enroll to other schools irrespective of whether
or not the NSTP components in said school are being administered by the same or another
branch of service of the Armed Forces of the Philippines (AFP), CHED and TESDA to
which schools are identified.

SEC. 8. Fees and Incentives. – Higher and technical-vocational institutions shall

not collect any fee for any of the NSTP components except basic tuition fees, which shall
not be more than fifty percent (50%) of what is currently charged by schools per unit.

In the case of the ROTC, the DND shall formulate and adopt a program of assistance
and/or incentive to those students who will take the said component.

The school authorities concerned, CHED and TESDA shall ensure that group
insurance for health and accident shall be provided for students enrolled in any of the NSTP
components.

SEC. 9. Scholarship. – There is hereby created a Special Scholarship Program for

qualified students taking the NSTP which shall be administered by the CHED and TESDA.
Funds for this purpose shall be included in the annual regular appropriations of the CHED
and TESDA.

SEC. 10. Management of the NSTP Components. – The school authorities shall
exercise academic and administrative supervision over the design, formulation, adoption and
implementation of the different NSTP components in their respective schools: Provided,
That in case a CHED or TESDA – accredited non government organization (NGO) has been
contracted to formulate and administered a training module for any of the NSTP
components, such academic and administrative supervision shall be exercised jointly with
that accredited NGO: Provided further, That such training module shall be accredited by the
CHED and TESDA.

The CHED and TESDA regional offices shall oversee and monitor the
implementation of the NSTP under their jurisdiction to determine if the training are being
conducted in consonance with the objectives of this Act. Periodic reports shall be submitted
to the CHED, TESDA and DND in this regard.

SEC. 11. Creation of the National Service Reserve Corps. – There is hereby
created a National Service Reserve Corps, to be composed of the graduates of the non-
ROTC components. Members of this Corps may be tapped by the State for literacy and
civic welfare activities through the joint effort of the DND, CHED and TESDA.

Graduates of the ROTC shall form part of the Citizens Armed Forces, pursuant to
Republic Act No, 7077.

SEC. 12. Implementing Rules. – The DND, CHED and TESDA shall have the
joint responsibility for the adoption of the implementing Rules of this Act within sixty (60)
days from the approval of this Act.

These three (3) agencies shall consult with other concerned government
agencies, the PASUC and COCOPEA, NGOs and recognized student
organizations in drafting the implementing Rules.

The implementing rules shall include the guidelines for the adoption of the
appropriate curriculum for each of the NSTP components as well as for the accreditation of
the same.

SEC. 13. Transitory Provisions. – Students who have yet to complete the Basic
ROTC, except those falling under section 14 of this Act, may either continue in the program
component they are currently enrolled or shift to any of the other program components of
their choice: Provided, That in case he shifts to another program component, the Basic
ROTC courses he has completed shall be counted for the purpose of completing the NSTP
requirement; Provided further, That once he has shifted to another program component, he
shall completed the NSTP in that component.

SEC. 14. Suspension of ROTC requirement. – The completion of ROTC training as a

requisite for graduation is hereby set aside for those students who despite completing all their
academic units as of the effectivity of this Act have not been allowed to graduate.

SEC. 15. Separability Clause. – If any section or provision of this Act shall be declared
unconstitutional or invalid, the other sections or provisions not affected thereby shall remain in full
force and effect.
 SEC. 16. Amendatory Clause. – Section 35 of Commonwealth Act No. 1,
Executive Order No. 207 of 1939, Section 2 and 3 of Presidential Decree No. 1706, and
Section 38 and 39 of Republic Act No. 7077, as well as all laws, decrees, orders, rules and
regulations and other issuances inconsistent with the provisions of this Act are hereby
deemed amended and modified accordingly.

SEC. 17. Effectivity. – This Act shall take effect fifteen (15) days after its publication in
two (2) newspapers of national circulation but the implementation of this Act shall commence in the
school year of 2002-2003.

Approved:

(SGD) (SGD)
FRANKLIN M. DRILON JOSE DE VENECIA
President of the Senate Speaker of the House
of Representative

This Act which is a consolidation of H.B. No. 3593 and S.B. No. 1824 was finally passed by the

House of Representatives and the Senate on December 19, 2001.

(SGD) (SGD)
OSCAR G. YABES ROBERTO P. NAZARENO
Secretary of the Senate Secretary General
House of Representatives

Approved: January 23, 2002

(SGD)
GLORIA MACAPAGAL ARROYO
President of the Philippines

A CERTIFIED TRUE COPY:

LT ERWIN P CALIMAG PN
Actg AC of S for Educ & Trng, R8
Date: 15 May 2002