Implementing Rules and Regulations of Republic Act No. 10530

June 7, 2017

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10530, "AN ACT DEFINING THE USE AND PROTECTION OF THE RED CROSS, RED CRESCENT, AND RED CRYSTAL EMBLEMS, PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES"

WHEREAS, Republic Act No. 10530 (R.A. 10530) otherwise known as The Red Cross and Other Emblems Act of 2013 was signed on May 7, 2013 and took effect on May 31, 2013, which is 15 days from its publication in a newspaper of general circulation.

WHEREAS, the Department of National Defense (DND), the Department of Health (DOH) and the Department of Trade and Industry (DTI), in consultation with the Philippine Red Cross (PRC), are mandated to adopt the implementing rules and regulations of R.A. 10530;

NOW, THEREFORE the following Implementing Rules and Regulations (IRR) of R.A. 10530 are hereby adopted and prescribed:

PART I

Introductory Provisions

SECTION 1. Short Title. — This IRR shall be known as the IRR of R.A. 10530.

SECTION 2. Purpose. — This IRR is hereby promulgated to prescribe the guidelines and procedures for the implementation of R.A. 10530 in order to facilitate compliance therewith and to achieve the objectives thereof.

SECTION 3. Construction and Interpretation. — This IRR shall be construed to achieve the objectives of R.A. 10530. In case of doubt, ambiguity or disagreement in the interpretation of this IRR, the DND, the DOH and the DTI, in consultation with the PRC, shall issue the appropriate clarification/resolution.

SECTION 4. Scope and Coverage.— This IRR shall cover the proper use and protection of:

a) The emblems of the Red Cross, the Red Crescent, and the Red Crystal;

b) The words "Red Cross," "Red Crescent," and "Red Crystal" or their translation in any official language and dialect which shall be effective during peacetime and during armed conflict situations.

c) This IRR shall also cover the functions of the agencies involved insofar as R.A. 10530 is concerned and provide measures to address violations.

SECTION 5. Declaration of Principles and State Policies.—

a) The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to a policy of peace, justice, freedom, cooperation and amity with all nations.

b) The State adopts the provisions of the Hague Convention IV of 1907 and the 1949 Geneva Conventions and their Additional Protocols on the protection of victims of war insofar as they have been ratified or have become part of generally accepted principles of international law.

c) The State shall secure the protective use and indicative use of the emblems both in times of peace and in times of armed conflict in accordance with the standards and guidelines set forth under the Hague Conventions of 1907 and the 1949 Geneva Conventions and their Additional Protocols on the protection of victims of war.

d) The misuse of the emblems of the Red Cross, the Red Crescent, and the Red Crystal and of the words "Red Cross," "Red Crescent," and "Red Crystal" or their translation in any official language and dialect shall not go unpunished. Its effective prosecution shall be ensured by taking measures at the national level.

SECTION 6. Definition of Terms.— As used in this IRR, the following terms shall be defined as:

a) Act refers to R.A. 10530, otherwise known as "The Red Cross and Other Emblems Act of 2013."

b) AFP Medical Service refers to the officers and personnel who are organic or attached to the Medical Corps, Nurse Corps, Medical Administrative Corps, Veterinary Corps, and Dental Service, as well as other medical units of the Armed Forces of the Philippines (AFP).

c) Blood Service Facility refers to a unit, agency or institution providing blood or blood products, either as Blood Station, Blood Collection Unit, Hospital Blood Bank and Blood Center (National, Sub-national, and Regional).

d) Armed conflict means any use of force or armed violence which gives rise, or may give rise, to a situation to which the 1949 Geneva Conventions and their Additional Protocols, including their common Article 3 applicable to conflicts not of an international character apply. It does not include situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of similar nature.

e) Distinctive signals means any of the distinctive signals specified in Chapter III of Annex I to the Protocol Additional to the 1949 Geneva Conventions, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), being the signals of identification for medical units and transports, namely: the blue light signal, the radio signal and electronic means of identification.

f) Emblem refers to the Red Cross, Red Crescent, and the Red Crystal emblems.

g) Emblem misuse refers to:

1. an act of any person who willfully, and without entitlement, makes use of the (i) emblems, (ii) the words "Red Cross," "Red Crescent," and "Red Crystal" or their translation in any official language and dialect, (iii) a distinctive signal or any other sign, designation or signal which constitutes an imitation thereof or likely to cause confusion or mistake or to deceive the general public, irrespective of the purpose of such use;

2. an act of any person who displays the said emblems or words on signs, posters, announcements, leaflets or commercial documents, or affixes them to goods or packaging, or has sold, offered for sale or placed in circulation goods thus marked; or

3. an act of any person who willfully commits or gives the order to perform acts resulting in the death of, or the wounding causing serious harm to the body or health of, or the capture of an adversary by making perfidious use of the Red Cross, Red Crescent, or Red Crystal emblem or a distinctive signal.

h) Hospital means a place devoted primarily to the maintenance and operation of health facilities for the diagnosis, treatment and care of individuals suffering from illness, disease, injury or deformity or in need of obstetrical or other surgical, medical and nursing care. It shall also be construed as any institution, building or place where there are installed beds, cribs or bassinets for twenty-four hour use or longer use by patients in the treatment of diseases.

i) Indicative use means the use of the emblem showing that a person or an object is linked to an institution of the Red Cross and Red Crescent Movement (RCRC Movement).The emblem shall be small in size.

j) Law enforcement agencies refers to agencies performing law enforcement functions such as, but not limited to, the Philippine National Police (PNP),the National Bureau of Investigation (NBI),the Philippine Drug Enforcement Agency (PDEA),the Bureau of Customs (BOC),the Bureau of Immigration (BI),the Philippine Coast Guard (PCG),the Intellectual Property Office (IPO),the Bureau of Fire Protection (BFP),the Securities and Exchange Commission (SEC),the Land Transportation Office (LTO) and the Metropolitan Manila Development Authority (MMDA).

k) Other Health Facilities refers to the Primary Care Facility, the Custodial Care Facility, the Diagnostic/Therapeutic Facility, and the Specialized Out-Patient Facility as defined by DOH.

l) Peacetime refers to any situation other than a state of armed conflict.

m) Perfidious use means the use of the emblem by a person with intent to appeal to the good faith of an adversary in order to deceive and make the latter believe that the person is entitled to receive or is to be conferred the protection provided for by the rules of International Humanitarian Law (IHL).

n) Protective use means the visible sign of the protection conferred by the 1949 Geneva Conventions and their Additional Protocols to medical personnel, religious personnel and medical units and transports in times of armed conflict. The dimensions of the emblem shall be as large as possible under the circumstances and must be identifiable from as far away as possible. SDHTEC

o) Red Crescent means an emblem depicting a red crescent moon on, and completely surrounded by, a white background, as illustrated in Article 4, Chapter IV of Annex 1 of Protocol I to the Geneva Conventions.

p) Red Cross means an emblem depicting a red cross with branches of equal length on, and completely surrounded by, a white background, formed by reversing the colors of the Swiss Confederation, as illustrated in Article 4, Chapter IV of Annex I of the Additional Protocol I to the Geneva Conventions.

q) Red Crystal means an emblem depicting a red frame in the shape of a square on edge, and completely surrounded by, a white background as illustrated in Additional Protocol III to the Geneva Conventions.

r) Red Cross and Red Crescent Movement (RCRC Movement) is composed of the National Red Cross and Red Crescent Societies, the International Committee of the Red Cross (ICRC) and the International Federation of Red Cross and Red Crescent Societies (IFRC).

s) Translation refers to the act of changing a word from one official language or dialect to another and also includes transliteration which means to change letters, words, etc. into corresponding characters of another alphabet or language.

PART II

Rules in the Use of the Red Cross, the Red Crescent, and the Red Crystal Emblems, Names and Signals

SECTION 7. Protective Use by the Medical Service and Religious Personnel of the Armed Forces of the Philippines.— Under the supervision and control of the DND, the AFP shall, both in peacetime and during armed conflict, use the Red Cross to identify its medical service personnel, medical units and transports on the ground, sea and air particularly within combat zones or during combat operations, medical missions and similar activities where threat of attack may occur.

Medical Service personnel, organic or attached to the AFP, shall wear armlets and carry identity cards displaying the Red Cross emblem. These armlets and identity cards shall be issued by the DND through the AFP.

Religious personnel, organic or attached to the Chaplain Service AFP, shall be afforded the same protection as medical service personnel and shall be identified in the same way. Where this may enhance protection, medical and religious personnel, organic or attached to the AFP, may, without prejudice to the use of their present emblem, make temporary use of any of the other distinctive emblems recognized by, and enjoying equal status, under the 1949 Geneva Conventions and their Additional Protocols.

The DND shall authorize religious and medical service personnel in government other than the AFP to wear armlets and carry identity cards, and medical units and transports of uniformed personnel thereof to be marked with the emblem used as a protective device in times of armed conflict. The armlets and identity cards shall be issued by the DND.

SECTION 8. Protective Use by the Medical Service and Religious Personnel of Government Agencies Other Than the AFP.— For the effective implementation of this IRR, the DOH, exercising supervision and control over hospitals, other health facilities, blood service facilities, other civilian medical units, civilian medical personnel, civilian medical transports assigned in particular to the transport and treatment of the wounded, sick and shipwrecked, shall authorize their marking by the Red Cross emblem used as a protective device in times of armed conflict, in consultation with the PRC. In this regard, the DOH through the Health Emergency Management Bureau (HEMB) shall coordinate and work together with the DND and other relevant agencies and units which may, if necessary, give advice and assistance.

Civilian medical service and religious personnel attached to hospitals and other medical units shall wear armlets and carry identity cards displaying the Red Cross emblem. These armlets and identity cards shall be issued by the DOH through the HEMB.

SECTION 9. Protective Use by the Philippine Red Cross.— The PRC shall be authorized to place medical personnel and medical units and transports as auxiliary to the AFP Medical Service.

Such personnel, units and transports shall be subject to military security regulations and may be authorized by the DND to display, as a protective device, the emblem of the Red Cross or where this may enhance protection, to make temporary use of any of the distinctive emblems recognized by, and enjoying equal status, under the 1949 Geneva Conventions and their Additional Protocols.

In cases where it is not practically possible for the DND to give its permission and where there is an obvious and urgent need for humanitarian measures, the PRC may act on the assumption that such permission has been granted as enshrined in the principle of Humanity which requires action to be taken.

Such personnel shall wear armlets and carry identity cards displaying the Red Cross emblem which shall be issued by the DND. The PRC may be authorized to use the emblem as a protective device for its medical personnel and medical units in accordance with Section 5 of R.A. 10530.

With the consent of the authority, the PRC may, already in time of peace, use the emblem and optional distinctive signals to identify units and transports whose assignment to medical purposes in the event of armed conflict is definitively decided.

The authority to place medical personnel, units and transports as well as the authority from the DND to display the emblem of the Red Cross referred to in the preceding paragraph shall also be in accordance with Section 9 and other relevant provisions of Republic Act No. 10072 of 2009 otherwise known as the "Philippine Red Cross Act of 2009."

SECTION 10. Red Cross Name and Emblem. — The use of the name "Red Cross" is reserved exclusively to the PRC and the use of the emblem of the Red Cross on a white background is reserved exclusively to the PRC, AFP medical service and other medical facilities or institutions as may be authorized by the PRC as provided under Article 44 of the Geneva Conventions. It shall be unlawful for any other person or entity to use the words "Red Cross" or "Geneva Cross" or to use the emblem of the Red Cross on a white background or any designation, sign or insignia constituting an imitation thereof for any other purpose whatsoever.

SECTION 11. Indicative Use by the Philippine Red Cross and National Societies. — The PRC is authorized to use the Red Cross emblem as an indicative device. It may, in exceptional circumstances as determined by the PRC, and to facilitate its work, make temporary use of the Red Crystal emblem. It shall apply the "Regulations on the Use of the Emblem of the Red Cross or the Red Crescent by the National Societies" issued by the ICRC in accordance with the Geneva Conventions. National Societies of other countries present in the territory of the Republic of the Philippines shall, with the consent of the PRC, be entitled to use the appropriate emblem under the same conditions.

For purposes of this provision, National Societies form the basic units and constitute a vital force of the RCRC Movement. They carry out their humanitarian activities in conformity with their own statutes and national legislation, in pursuance of the mission of the RCRC Movement, and in accordance with its Fundamental Principles.

SECTION 12. Use by the International Organizations of the International Red Cross and Red Crescent Movement.— The ICRC and IFRC may make use of the Red Cross or the Red Crescent emblems at any time and for all their activities.

The ICRC and the IFRC, and their duly authorized personnel, may make use of the Red Crystal emblem in exceptional circumstances and to facilitate their work.

PART III

Control and Penalties

SECTION 13. Control Measure and Enforcement. — The DND, the DOH through the HEMB, and the DTI, in coordination with law enforcement agencies and local government units (LGUs), shall at all times ensure strict compliance with the rules governing the use of the emblems of the Red Cross, the Red Crescent, and the Red Crystal; the name "Red Cross," "Red Crescent," or "Red Crystal" or their translation in any official language and dialect, or the distinctive signals. They shall exercise strict supervision and control over their respective personnel authorized to use the said emblems, names and signals. For this purpose, each agency shall keep a database of those given authority to use the emblems, words, names and signals.

They shall take every appropriate step to prevent misuse, in particular by disseminating the rules on their usage as widely as possible, among the armed forces, the police forces, the instrumentalities of the State and the civilian population. They shall likewise issue instructions to national, civilian and military authorities on the use of the distinctive emblems in accordance with the 1949 Geneva Conventions and their Additional Protocols and by providing appropriate sanctions in cases of misuse.

SECTION 14. Role of the Philippine Red Cross.— The PRC shall cooperate with the DND, the DOH and the DTI in their efforts to prevent and repress any emblem misuse. It shall be entitled to information on such misuse and to participate in relevant criminal, civil or administrative proceedings.

SECTION 15. Misuse of the Red Cross, the Red Crescent, or the Red Crystal Emblem as Indicative Device in Peacetime and in Times of Armed Conflict.— The following shall be punished by the penalty of arresto mayor,or a fine of not less than Fifty Thousand Pesos (P50,000.00),or both, at the discretion of the court for each and every violation:

a) Any person who willfully, and without entitlement, makes use of the Red Cross, Red Crescent, or Red Crystal emblem; the words "Red Cross," "Red Crescent," and "Red Crystal" or their translation in any official language and dialect;

b) Any person who willfully, and without entitlement, makes use of a distinctive signal or any other sign, designation or signal which constitutes an imitation of the "Red Cross," "Red Crescent," and "Red Crystal" or likely to cause confusion or mistake or to deceive the general public, irrespective of the purpose of such use;

c) Any person who willfully, and without entitlement, displays the said emblems or the words "Red Cross," "Red Crescent," and "Red Crystal" or their translation in any official language and dialect on signs, posters, announcements, leaflets, or commercial documents, or affixes them to goods or packaging, or has sold, offered for sale or placed in circulation goods thus marked.

Violation by a juridical entity

If the misuse is committed by a partnership, corporation, association or any other juridical entity, the partner, president, director, manager, trustee, estate administrator or officer who consents to or knowingly tolerates such misuse shall be held criminally liable as a co-principal.

Violation by a foreigner

If the person convicted is a foreigner, he or she may be ordered deported and blacklisted after serving his or her sentence.

In addition, the court may order the forfeiture in favor of the PRC of any proceeds, or property or assets upon which an emblem, designation, design, wording or sign was used directly or indirectly in violation of R.A. 10530, without prejudice to the rights of bona fide third parties.

SECTION 16. Misuse of the Red Cross, the Red Crescent, or the Red Crystal Emblem as Protective Device in Times of Armed Conflict.—

a) Taking into consideration the individual circumstances of the offender, the penalty of reclusion perpetua and a fine ranging from Five Hundred Thousand Pesos (P500,000.00) to One Million Pesos (P1,000,000.00) shall be imposed on any person who willfully commits or gives the order to commit acts resulting in death, serious physical injury, or the capture of an adversary by making perfidious use of the Red Cross, Red Crescent, or Red Crystal emblem or a distinctive signal who shall be deemed to have committed a war crime. The court may also impose the corresponding accessory penalties under the Revised Penal Code (RPC), especially where the offender is a public officer.

b) At the discretion of the court, the penalty of reclusion temporal in its medium to maximum period and a fine of not less than One Hundred Thousand Pesos (P100,000.00) but not more than Five Hundred Thousand Pesos (P500,000.00) shall be imposed on any person who commits perfidious use of the Red Cross, the Red Crescent, and the Red Crystal emblem as a protective device or distinctive signal which does not result in death or serious harm to the body or health of an adversary. The court may also impose the corresponding accessory penalties under the RPC, especially where the offender is a public officer. AScHCD

c) At the discretion of the court, the penalty of prision correctional in its medium period and a fine of not less than Forty Thousand Pesos (P40,000.00) but not more than Eighty Thousand Pesos (P80,000.00) shall be imposed on any person who, in time of armed conflict and without entitlement, has willfully used the Red Cross, Red Crescent, or the Red Crystal emblem, or a distinctive signal or any other sign or signal which constitutes an imitation thereof or which might lead to confusion.

Violation by a juridical entity

If the misuse is committed by a partnership, corporation, association or any juridical entity, the partner, president, director, manager, trustee, estate administrator or officer who consents to or knowingly tolerates such misuse shall be held criminally liable as a co-principal.

Violation by a foreigner

If the person convicted is a foreigner, he or she may be ordered deported or blacklisted after serving his or her sentence.

In addition, the court may order the forfeiture in favor of the PRC of any proceeds, or property or assets upon which an emblem, designation, design, wording or sign was used directly or indirectly in violation of R.A. 10530, including any identity cards, insignia, or uniforms used in connection therewith.

SECTION 17. Interim Measures. — The DND, DTI and DOH, in accordance with their respective laws, rules and regulations, and in coordination with law enforcement agencies, shall take the necessary interim measures such as order the seizure of objects and materials marked in violation of R.A. 10530 and of this IRR, demand the removal of the Red Cross, Red Crescent, or the Red Crystal emblem or the words "Red Cross," "Red Crescent," or "Red Crystal," or their translation in any official language and dialect at the expense of the offender and order the forfeiture or destruction of the instruments used for their reproduction.

Persons making use of the Red Crystal emblem or of any sign constituting an imitation thereof or the words "Red Crystal" or any translation thereof in any official language and dialect, prior to the adoption of Additional Protocol III (Adoption of an Additional Distinctive Emblem) shall be permitted to continue such use: Provided, That the use shall not be such as would appear, in times of armed conflict, to confer protection under the 1949 Geneva Conventions and their Additional Protocols: Provided, further, That such rights were acquired prior to the effectivity of R.A. 10530.

Otherwise, persons making use of the Red Cross, the Red Crescent, or the Red Crystal emblem, or any sign constituting an imitation thereof, or the words "Red Cross," "Red Crescent," or "Red Crystal," or their translation in any official language and dialect upon entry into force of R.A. 10530, shall voluntarily cease and desist from using the same and withdraw from the market any and all products bearing the same within two (2) months from its promulgation.

Objects, materials and products abovementioned shall be disposed of by the PRC accordingly.

For this purpose, the DTI and SEC shall undertake proceedings for the cancellation and revocation of licenses, permits, or authority pursuant to their mandates. Also, the DND and DOH shall coordinate with the law enforcement agencies in the removal, forfeiture or destruction referred to in the preceding paragraphs.

SECTION 18. Prohibition on the Use and Registration of Trade Names, Business Names, Trademarks, etc.— Trade names, business names, trademarks, service marks, collective marks, other marks of ownership, utility models and industrial designs making use of the emblem of the Red Cross, the Red Crescent, or the Red Crystal, or of the words "Red Cross," "Red Crescent," or "Red Crystal" or their translation in any official language and dialect cannot be used or registered without the consent of the Philippine Red Cross.

For this purpose, the DTI, SEC and IPO shall include in their respective rules and regulations provisions for the effective implementation of this section.

SECTION 19. Investigation, Arrest and Prosecution of Violations.— The DND, DOH and DTI, in collaboration with PRC, shall coordinate with law enforcement agencies and other concerned government entities in the investigation, arrest and prosecution of violators of this IRR.

PART IV

Relationship with Other Laws

SECTION 20. Relationship with the Constitution. — R.A. 10530 and this IRR shall supplement the Constitution, especially its Bill of Rights, the relevant provisions on international law and human rights and jurisprudence thereon.

SECTION 21. Relationship with Domestic and International Laws.— In the application and interpretation of this IRR, the Philippine courts shall be guided by the following domestic laws, instruments and developments in international law:

a) Republic Act No. 9851 otherwise known as the "Philippine Act on Crimes against International Humanitarian Law, Genocide and Other Crimes against Humanity";

b) Republic Act No. 10072 otherwise known as the "Philippine Red Cross Act of 2009";

c) The 1949 Geneva Conventions I-IV and their 1977 Additional Protocols I, II and III;

d) Regulations on the Use of the Emblem of the Red Cross or the Red Crescent by the National Societies, as adopted by the 20th International Conference of the Red Cross, and subsequent amendments;

e) Resolution 1 of the 29th International Conference of the Red Cross and Red Crescent;

f) Criminal law jurisprudence from international criminal tribunals such as the International Criminal Court in the Hague; including the Rome Statute;

g) Relevant and applicable international human rights instruments and jurisprudence, mainly from the United Nations System; and

h) Teachings of the most highly qualified publicists and authoritative commentaries on the foregoing sources as subsidiary means for the determination of rules of law.

SECTION 22. Relationship with the Revised Penal Code and Other Relevant Laws. — The RPC shall be suppletory to R.A. 10530 and this IRR for purposes of criminal investigation, prosecution and trial of crimes. For these purposes, in case of conflict, R.A. 10530 shall prevail over the RPC. The same relationship applies to the Civil Code of the Philippines and special laws of a criminal and/or civil nature, such as on matters of civil liability. R.A. 10530 and this IRR shall be without prejudice to the application of the Uniform Rules on Administrative Cases in the Civil Service, insofar as the administrative liability of a public officer is concerned.

SECTION 23. Relationship with the Revised Rules on Criminal Procedure. — The Revised Rules on Criminal Procedure shall be suppletory to R.A. 10530 and this IRR, as well as the additional special rules on criminal procedure as may be formulated by the Supreme Court for the investigation, prosecution and trial of crimes under the Act.

SECTION 24. Relationship with the Intellectual Property Code, the Corporation Code and the Department of Trade and Industry's Rules and Regulations. — The Intellectual Property Code, the Corporation Code and the DTI's Rules and Regulations shall be suppletory to R.A. 10530 and this IRR for purposes of registration of partnerships, corporations, associations and other juridical entities; and trade names, trademarks, service marks, collective marks, other marks of ownership, utility models and industrial designs making use of the emblem of the Red Cross, the Red Crescent, or the Red Crystal, and of the words "Red Cross," "Red Crescent," or "Red Crystal," or their translation in any official language and dialect under the Act. For these purposes, in case of conflict, R.A. 10530 and this IRR shall prevail over the Intellectual Property Code, the Corporation Code and the DTI's Rules and Regulations.

PART V

Final Provisions

SECTION 25. Suppletory Effect. — R.A. 10530 and this IRR shall be suppletory to other international humanitarian laws as may be promulgated by Congress.

SECTION 26. Separability Clause.— If, for any reason, any part or provision of this IRR shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 27. Repealing Clause. — All laws, presidential decrees and issuances, executive orders, rules and regulations or parts thereof inconsistent with the provisions of R.A. 10530 and this IRR are hereby repealed and modified accordingly.

SECTION 28. Effectivity.— This IRR shall take effect fifteen (15) days after its publication in the Official Gazette or in any newspaper of general circulation.

This IRR shall be registered with the Office of the National Administrative Register at the UP Law Center, University of the Philippines, Diliman, Quezon City.

Signed this 7th day of June 2017, City of Manila, Philippines.

(SGD.) PAULYN JEAN B. ROSELL-UBIALSecretary

(SGD.) RAMON M. LOPEZSecretary

(SGD.) DELFIN M. LORENZANASecretary

Published in the Official Gazette, Vol. 114, No. 15, Page 2779 on April 9, 2018.