Singing the national anthem with wrong lyrics may be a violation of Flag and Heraldic Code
Dear PAO,
In the championship game of a basketball the emcee called a local singer to lead the national anthem before the start of the game. I was appalled when I heard that she jumbled the lyrics of “Lu pang Hi ni rang .” Did the singer violate the National Anthem be played?
Basilio Dear Basilio,
For your information, the correct lyrics of the National Anthem is found under Section 36 of Republic Act (RA) 8491 otherwise known as the “Flag and Heraldic Code of the Philippines”:
“The National Anthem shall always be sung in the national language within 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, Kailanpama’y di magdidilim, Lupa ng araw ng luwalhati’t pagsinta, Buhay ay langit sa piling mo, Aming ligaya na pag maymang-aapi, Ang mamatay ng dahil sa iyo”.
Relative thereto, Section 37 of the law states that the rendition of the National Anthem, whether played or sung, shall be in accordance with the musical arrangement and composition of Julian Felipe.” It is a requirement that the National Anthem shall be sung in accordance with the abovestated lyrics and in accordance with the musical arrangement of Julian Felipe.
The occasions where the National Anthem may be played is governed by Section 38 of RA 8491:
“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:
a) International competitions where the Philippines is the host or has a representative; b) Local competitions; c) During the “signing off” and “signing on” of radio broadcasting and television stations;
d) Before the initial and last screening of films and before the opening of theater performances; and
e) Other occasions as may be allowed by the Institute”. (Emphasis supplied)
The singing of the National Anthem before the start of the championship game in a basketball tournament in the province (like the incident you cited in your letter) is allowed since this falls under “local competitions,” as stated in the above- quoted provision. However, singing the National Anthem with incorrect lyrics is deemed to be a violation of Section 36 of the said law, and the penalties are:
“Section 48. Failure or refusal to observe the provisions of this Act; and any violation of the corresponding rules and regulations issued by the Office of the President, shall after proper notice and hearing, shall be penalized by public censure which shall be published at least once in a newspaper of general circulation.
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Section 50. Any person or judicial entity which violates any of the provisions of this Act shall, upon conviction, be punished by a fine 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 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, That in case the violation is committed by a juridical person, its President or Chief Executive Officer thereof shall be liable”.
We find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. Thus, the opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.