H. No. 135 / 46 OG No. 8, 3546 (August, 1950)

[ REPUBLIC ACT NO. 493, June 12, 1950 ]

AN ACT TO PROHIBIT THE USE OR CONFERRING OR MILITARY OR NAVAL GRADES OR TITLES BY OR UPON PERSONS NOT IN THE SERVICE OF THE ARMED FORCES OF THE PHILIPPINES OR THE PHILIPPINE CONSTABULAR, 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.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:SECTION 1. Hereafter it shall be unlawful for any person or association of persons not in the service of the Armed Forces of the Philippines 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:

1. All veterans of any war when recognized by the Philippine or United States of the Government and only for the ranks for which they are recognized;
2. 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;
3. Commissioned and enlisted reservists including recognized guerilla officers on inactive status when using their authorized grades for a purely military purpose;
4. Trainees in the Armed Forces while undergoing any period of trainee instruction pursuant to law.

SEC. 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 Philippine or the Philippines 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 or 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 purposes 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.SEC. 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.SEC. 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 provisions 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. SEC. 5. All laws or portions thereof inconsistent with the provisions of this Act, are hereby repealed.SEC. 6. This Act shall take effect upon its approval.Approved, June 12, 1950.

Source: Supreme Court E-Library