REPUBLIC ACT NO. 493 - AN
ACT TO PROHIBIT THE USE OR CONFERRING OF MILITARY OR NAVAL GRADES OR
TITLES BY OR UPON PERSONS NOT IN THE SERVICE OF THE ARMED FORCES OF THE
PHILIPPINES OR THE PHILIPPINE CONSTABULARY, TO REGULATE THE WEARING,
USE, MANUFACTURE AND SALE OF INSIGNIAS, DECORATIONS AND MEDALS, BADGES,
PATCHES AND IDENTIFICATION CARDS PRESCRIBED FOR THE SAID ARMED FORCES
OR CONSTABULARY, AND FOR OTHER PURPOSES
Section 1.
Hereafter it shall be unlawful for any person or association or persons
not in the service of the Armed Forces of the Philippines of the
Philippine Constabulary to use, or confer upon himself or another who
is not in the service of the said Armed Forces or Constabulary, any
military or naval grade or title which is, or may hereafter be,
prescribed by laws and regulations for the use of the Armed Forces or
Constabulary: Provided, That the foregoing shall not be construed as
prohibiting the use of such military or naval grades or title by
personnel or persons now authorized by law and by the following
persons:
(a) All veterans of any war when recognized by the
Philippine or United States Government and only for the ranks for which
they are recognized;
(b) Commissioned officers and personnel, retired or
in active duty, of the Bureau of Coast and Geodetic Survey, of the
quarantine service, and of the customs service;
(c) Commissioned and enlisted reservists including
recognized guerrilla officers on inactive status when using their
authorized grades for a purely military purposes;
(d) Trainees in the Armed Forces while undergoing any
period of trainee instruction pursuant to law.
Section 2. Hereafter it shall be unlawful for any
person not in the service of the Armed Forces of the Philippines or the
Philippine Constabulary, except those excluded from the prohibition in
section one of this Act, to use or wear the duly prescribed insignia,
badge or emblem or rank of the members of the Armed Forces of the
Philippines or the Philippine Constabulary, or any colorable imitation
thereof: Provided, That the foregoing shall not be construed as
prohibiting any person from using or wearing any military or naval
insignia, badge or emblem of rank in any play-house or theater or in
moving-picture films while actually engaged in representing therein a
military or naval character not tending to bring discredit or reproach
upon the Armed Forces of the Philippines, the Philippine Constabulary
or the Bureau of Coast and Geodetic Survey: Provided, further, That the
use or wearing of any military or naval insignia, badge or emblem of
rank while engaged in representing a military or naval character as
hereinabove described, shall be subject to supervision and regulation
by the Secretary of National Defense. The phrase "duly prescribed
insignia, badge or emblem of rank" shall, for the purpose of this Act,
mean any insignia, badge or emblem of rank which is, or may hereafter
be, prescribed by Congress, the Secretary of National Defense or the
Chief of Constabulary.
Section 3. Hereafter the use, wearing, manufacture
and sale of any medal or decoration, badge, insignia, patch, or
identification card which has been, or may hereafter be, authorized by
Congress or prescribed or awarded by the President of the Philippines
or the Secretary of National Defense for the members of the Armed
Forces of the Philippines, or any colorable imitation thereof, is
prohibited, except when authorized under such regulations as the
Secretary of National Defense shall prescribe.
Section 4. Any person who confers upon himself or
another any military or naval grade or title in violation of section
one of this Act shall, upon conviction, be punished by a fine of not
less than two thousand pesos and not exceeding five thousand pesos or
by imprisonment for not less than two years and not exceeding five
years, or both. Any person who violates any other provision of this Act
shall, upon conviction, be punished by a fine of not less than one
hundred pesos and not exceeding two thousand pesos, or by imprisonment
for not less than one month and not exceeding two years, or both. In
case the violation is committed by a corporation, the manager and all
the members of the board of directors or governing body thereof, shall
be liable individually in accordance with this section.
Section 5. All laws or portions thereof inconsistent
with the provisions of this Act, are hereby repealed.
Section 6. This Act shall take effect upon its
approval.
Article 177 & 179 of the revised penal code
Article 177. Usurpation of authority or official functions. - Any person who shall knowingly and falsely represent himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any foreign government, or who, under pretense of official position, shall perform any act pertaining to any person in authority or public officer of the Philippine Government or of any foreign government, or any agency thereof, without being lawfully entitled to do so, shall suffer the penalty of prision correccional in its minimum and medium periods.
Article 179. Illegal use of uniforms or insignia. - The penalty of arresto mayor shall be imposed upon any person who shall publicly and improperly make use of insignia, uniforms or dress pertaining to an office not held by such person or to a class of persons of which he is not a member.