Dear PAO,

I noticed that unlike the “Star-Spangled Banner,” which can be performed with various musical interpretations, “Lupang Hinirang,” our Philippine national anthem, is typically rendered with a consistent tone, style and manner. While I deeply respect and value our national anthem, I believe a more diverse and dynamic approach to its rendition could enhance its impact. Compared to the varying and dynamic interpretations of the US national anthem, I find our current renditions of “Lupang Hinirang” somewhat monotonous. I believe a wider range of vocal interpretations could better evoke the spirit of patriotism and inspire a deeper connection to our nation. Is there a law that mandates a specific manner of singing the Philippine National Anthem, and if so, is it mandatory or merely a directory?

Livia

Dear Livia,

The rendition of our Philippine National Anthem is governed by Republic Act (RA) 8491 or the “Flag and Heraldic Code of the Philippines.”

Under Section 37 of the said law, the rendition of the National Anthem, whether played or sung, shall adhere to the musical arrangement and composition of Julian Felipe, as outlined in its Implementing Rules and Regulations (IRR), maintaining its original Filipino lyrics and march tempo. This is the specific provision of the law that prescribes the manner of singing Lupang Hinirang.

The playing of said arrangement is mandatory because the law used the word “shall.” The use of the word “shall” underscores the mandatory character of the Rule. The term “shall” is a word of command and one which always has or which must be given a compulsory meaning, and it is generally imperative or mandatory (Enriquez et al. v. Enriquez et al., GR 139303, Aug. 25, 2005, penned by Associate Justice Angelina-Sandoval Gutierrez).

Furthermore, Section 38 of the same law stipulates that during the playing of the National Anthem at any public gathering, whether performed by a band, sung, or both, or reproduced through any means, all those present shall sing the anthem with fervor.

In summary, the rendition of our National Anthem must adhere to its original Filipino lyrics and march tempo and be performed with fervor. Anyone who does otherwise may be punished by fine, imprisonment, or both. To be precise, Section 50 of the same law provides that any person or judicial entity that violates any of its provisions shall, upon conviction, be punished by a fine of not less than P5,000 and not more than P20,000 or by imprisonment for not more than one year, or both such fine and imprisonment, at the discretion of the court. In case of conviction for a second or succeeding offenses, both fine and imprisonment shall always be imposed. In case of violation by a juridical person, its president or chief executive officer shall be liable.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]