Illegal Manufacture, Distribution, Sale and Use of Military/Police Uniforms, Insignia, and Badges ( DOJ Circular No. 032-08 )

August 27, 2008

DOJ CIRCULAR NO. 032-08

 

WHEREAS, a number of crimes like kidnapping, bank robbery and other serious offenses are committed by persons or groups wearing military or police uniforms, with insignia and badges;

WHEREAS, rebels in Mindanao identified with the Moro Islamic Liberation Front wear military/police camouflage/fatigue uniforms and this poses serious peril to the military/police personnel conducting operations in the area as they get confused on the identity of the enemy;

WHEREAS, it is common knowledge that these uniforms, insignia and badges which could pass for genuine service clothing, insignia and badges find their way to these persons through unscrupulous merchants or individuals selling these items; and TCAHES

WHEREAS, Her Excellency the President directed that the pernicious acts of illegal manufacturing, distribution, selling and use of military/police uniforms, insignia and badges, be curbed.

Foregoing considered, this Office:

1. Reiterates the criminal nature of unauthorized manufacturing, distribution, sale and use of military/police uniforms, insignia and badges under Republic Act No. (RA) 493 1 (1950), Revised Penal Code, and other penal laws, rules and regulations.

2. Directs all prosecutors to ensure swift action on referral for prosecution of persons who engage in the unlawful manufacture, distribution, sale, and use of military/police uniforms, insignia, badges and other accoutrements. Report of case referrals of said nature shall be submitted to this Office within fifteen (15) days from referral for purpose of monitoring.

3. Makes the following observations to guide the effective exercise of prosecutorial functions relative to these cases: ESCTaA

3.1 RA 493 prohibits, among others, the wearing, use, manufacture and sale of insignias, decorations and medals, badges, patches and identification cards prescribed for the Armed Forces of the Philippines or any colorable imitation thereof. 2

 A person convicted thereof shall be fined of not less than P100.00 and not exceeding P2,000.00, or by imprisonment for not less than 1 month and not exceeding 2 years, or both. 3

3.2 Article 179, "Illegal use of uniforms or insignia", the Revised Penal Code (RPC), penalizes 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. It may be noted that the provision does not include the illegal manufacture, sale and distribution of the same.

3.3 Executive Order No. 297, 4 s. 2000, was issued to regulate manufacturer, distributor, supplier and/or seller of police uniforms, insignia, badges, and other accoutrements.

 The violation thereof, pursuant to administrative proceedings to be conducted by the Philippine National Police, shall result in the immediate closure of the establishment, plant and/or office where the uniforms and other items are manufactured, stored, sold and/or distributed, the cancellation of its business license or permit, the condemnation, seizure and forfeiture of all paraphernalia used or intended to be used in the manufacture, sale and/or distribution and the imposition of reasonable administrative fines, without prejudice to the filing of administrative, civil and/or criminal actions.

3.4 It may be noted that the local government units (LGUs) are closest to the community and are, thus, better positioned to mount initiatives that will maintain peace and order as part of their general welfare mandate under RA 7160. 5 Their participation is critical in checking illegal manufacture, distribution, and sale of military/police uniforms, insignia and badges or their colorable resemblance as these LGUs can readily monitor, close and penalize shops in their localities which carry on such illicit trade. This Office has coordinated with the Department of Interior and Local Government to mobilize the LGUs in interdicting these illegal acts.

The Department of National Defense was also informed hereof.

This Circular shall take effect immediately, and shall remain in full force until further orders.

(SGD.) RAUL M. GONZALEZSecretary

Footnotes

1. 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.

2. Section 3, RA 493.

3. Section 4, ibid.

4. Regulating the Manufacture, Sale, Distribution and Use of PNP Uniforms, Insignias and Other Accoutrements.

5 See Section 16, Local Government Code of 1991. CSDcTH