A lawyer challenged the National Historical Institute's (NHI) rebuke of Martin Nievera's controversial rendition of the Philippine National Anthem during the Pacquiao-Hatton fight last Sunday, saying that although the performance was in "bad taste," Nievera did not violate any law.
"It certainly does not constitute criminal conduct. Call it artistic license exercised in bad judgment, but it is still constitutionally-protected free expression and therefore not subject to criminal prosecution," said Atty. Harry Roque Jr., chairperson of the Center for International Law (CenterLaw) Philippines.
CenterLaw is a non-government organization that advocates free speech and human rights.
Flag Code
The NHI, headed by historian Dr. Ambeth Ocampo, and the provincial board of Cebu had earlier criticized Nievera for his alleged "wrong" rendition of the "Lupang Hinirang" during Manny Pacquiao's fight against British Ricky Hatton on May 2.
Nievera sang the first part of the song too slowly and should not have belted out the last words of the song.
The NHI said this constituted a violation of Section 37 of Republic Act 8491 or the 1998 Flag and Heraldic Code of the Philippines, which states that the rendition of the national anthem, whether played or sung, should be in accordance with the original musical arrangement of Julian Felipe, which follows a marching-type beat. Violators may be imprisoned for not more than a year and fined at least P20,000.
All citizens to stand at attention and sing with fervor, as a sign of respect, when the National Anthem is played at public gatherings.
Even moviegoers who do not stand up when the National Anthem is being played in cinemas will be sanctioned subsequently, as it empowers the security personnel and ushers in movie houses to arrest a violator and summon law enforcement officers to assist in conducting citizens' arrest.
"Many people are unaware that such a law exists and only get to notice when they find out that they have violated part of it. The law came out of the chest again after Martin Nievera's pop rendition of the National Anthem before the Pacquiao fight," said Ocampo in a statement.
Flag law unconstitutional?
Roque, however, questioned the validity of the Flag and Heraldic Code, arguing that it is "unconstitutional for violating freedom of expression." He cited the 2006 case "Prof. Randolf S. David vs. Gloria Macapagal Arroyo" (G.R. No. 171396), where the Supreme Court essentially ruled that all acts or laws curtailing any protected right is presumed to be unconstitutional.
David had questioned the constitutionality of decrees promulgated by Arroyo, such as Presidential Proclamation 1017, which the court later declared unconstitutional.
Roque added in his statement that Nievera also cannot be criminally charged since he sang in Las Vegas, Nevada beyond Philippine jurisdiction. He said that although some crimes like torture, war crimes, counterfeiting money, and piracy are exceptions to the rule on jurisdiction, singing the national anthem is not one of them.
Nievera had earlier said that although he was prepared to apologize for his performance, he still maintained that he had tried to sing the national anthem "as beautifully as possible."
"Pacquiao fight ito, hindi naman flag ceremony. Sa recording world, mayroon kaming, I guess, freedom of speech, freedom of delivery, freedom of interpretation. Kung makikinig ka ulit sa ginawa ko, hindi naman ako masyadong fancy... hindi ko binastos ang lyrics," Nievera said.
Learning from Nievera
Ocampo said in his column, however, that he wanted people to learn valuable lessons from the intense debate about Nievera's performance.
"I would like to think the Nievera episode is something we can learn from rather than argue about. The Nievera episode is also a way for us to reflect on both flag and anthem, to rethink the law and seek revisions or amendments if necessary," he said.
Other Filipino singers who have been chided by the NHI for their allegedly faulty renditions of the national anthem were Christian Bautista, who forgot several words to the song; hit singer Charice Pempengco for belting out the lyrics; and, Jennifer Bautista for going off-key on the song's last word.
Popular singer Sarah Geronimo was also once criticized by Davao City councillor Nilo Abellara, who said Geronimo's rendition was "kundiman-like" or too much like a love song.
"It certainly does not constitute criminal conduct. Call it artistic license exercised in bad judgment, but it is still constitutionally-protected free expression and therefore not subject to criminal prosecution," said Atty. Harry Roque Jr., chairperson of the Center for International Law (CenterLaw) Philippines.
CenterLaw is a non-government organization that advocates free speech and human rights.
Flag Code
The NHI, headed by historian Dr. Ambeth Ocampo, and the provincial board of Cebu had earlier criticized Nievera for his alleged "wrong" rendition of the "Lupang Hinirang" during Manny Pacquiao's fight against British Ricky Hatton on May 2.
Nievera sang the first part of the song too slowly and should not have belted out the last words of the song.
The NHI said this constituted a violation of Section 37 of Republic Act 8491 or the 1998 Flag and Heraldic Code of the Philippines, which states that the rendition of the national anthem, whether played or sung, should be in accordance with the original musical arrangement of Julian Felipe, which follows a marching-type beat. Violators may be imprisoned for not more than a year and fined at least P20,000.
All citizens to stand at attention and sing with fervor, as a sign of respect, when the National Anthem is played at public gatherings.
Even moviegoers who do not stand up when the National Anthem is being played in cinemas will be sanctioned subsequently, as it empowers the security personnel and ushers in movie houses to arrest a violator and summon law enforcement officers to assist in conducting citizens' arrest.
"Many people are unaware that such a law exists and only get to notice when they find out that they have violated part of it. The law came out of the chest again after Martin Nievera's pop rendition of the National Anthem before the Pacquiao fight," said Ocampo in a statement.
Flag law unconstitutional?
Roque, however, questioned the validity of the Flag and Heraldic Code, arguing that it is "unconstitutional for violating freedom of expression." He cited the 2006 case "Prof. Randolf S. David vs. Gloria Macapagal Arroyo" (G.R. No. 171396), where the Supreme Court essentially ruled that all acts or laws curtailing any protected right is presumed to be unconstitutional.
David had questioned the constitutionality of decrees promulgated by Arroyo, such as Presidential Proclamation 1017, which the court later declared unconstitutional.
Roque added in his statement that Nievera also cannot be criminally charged since he sang in Las Vegas, Nevada beyond Philippine jurisdiction. He said that although some crimes like torture, war crimes, counterfeiting money, and piracy are exceptions to the rule on jurisdiction, singing the national anthem is not one of them.
Nievera had earlier said that although he was prepared to apologize for his performance, he still maintained that he had tried to sing the national anthem "as beautifully as possible."
"Pacquiao fight ito, hindi naman flag ceremony. Sa recording world, mayroon kaming, I guess, freedom of speech, freedom of delivery, freedom of interpretation. Kung makikinig ka ulit sa ginawa ko, hindi naman ako masyadong fancy... hindi ko binastos ang lyrics," Nievera said.
Learning from Nievera
Ocampo said in his column, however, that he wanted people to learn valuable lessons from the intense debate about Nievera's performance.
"I would like to think the Nievera episode is something we can learn from rather than argue about. The Nievera episode is also a way for us to reflect on both flag and anthem, to rethink the law and seek revisions or amendments if necessary," he said.
Other Filipino singers who have been chided by the NHI for their allegedly faulty renditions of the national anthem were Christian Bautista, who forgot several words to the song; hit singer Charice Pempengco for belting out the lyrics; and, Jennifer Bautista for going off-key on the song's last word.
Popular singer Sarah Geronimo was also once criticized by Davao City councillor Nilo Abellara, who said Geronimo's rendition was "kundiman-like" or too much like a love song.
