'Nievera's Lupang Hinirang not criminal conduct'

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.

ABS-CBN News: Martin Nievera prepared to say sorry

Concert King Martin Nievera is prepared to apologize for the alleged wrong rendition of “Lupang Hinirang” during the May 2 fight of Manny Pacquiao and Ricky Hatton in Las Vegas, Nevada.

"If I have to do it I will do it. I have to do what is right but I don't want to say sorry for something I'm not sorry for. But, if I have to, I will do it," Nievera told radio dzMM.

The crooner drew flak from the National Historical Institute (NHI) as well as the provincial board of Cebu for his upbeat rendition of the country's national anthem.

The NHI complained that Nievera sang the first part of Lupang Hinirang too slow. The institution also scored Nievera for belting out the last part of the national anthem.

“Dapat simula sa simula hanggang katapusan dapat martsa siya,” Teddy Atienza, chief of NHI’s Heraldry Section, said in an interview on “Umagang Kay Ganda.”

Atienza also clarified that it did not approve the showing of its logo onscreen, which was flashed on local televisions right after Nievera sang Lupang Hinirang before the main event of the “Battle of East and West” at the MGM Grand Garden Arena.

The provincial board of Cebu, on the other hand, even passed a resolution on Monday condemning Nievera's version of Lupang Hinirang. The board said Nievera violated Republic Act (RA) 8491, or the 1998 Flag and Heraldic Code of the Philippines, by "murdering" the national anthem.

According to Section 37 of RA 8491, the rendition of the national anthem, whether played or sung, shall be in accordance with the musical arrangement and composition of Julian Felipe.

Felipe is the original music arranger of Lupang Hinirang in 1898. It has tune of march and the lyrics was adapted from the Spanish poem “Filipinas” written by Jose Palma only in 1899.

The NHI, in coordination with the proper government agency, shall disseminate an official music score sheet that reflects the manner in which the national anthem should be played or sung.

When the national anthem is played, the public is required to sing and do so “with fervor.”

They are expected to sing while the right hand is placed over the left chest. Uniformed personnel, meanwhile, are to salute the flag as prescribed by their respective regulations.

Individuals whose faith prohibit them from singing “Lupang Hinirang” must still show full respect.

The national anthem, however, would not be allowed to be played and sung preceding “events of recreation, amusement, or entertainment purposes.”

But the anthem may be played during the following: international competitions where the Philippines is the host or has a representative; local competitions; during the “signing off” and “signing on” of radio broadcasting and television stations; before the initial and last screening of films and before the opening of theater performances; and other occasions as may be allowed by the Institute.

The Oath of Patriotism (Panatang Makabayan) must be recited after the singing of the national anthem in basic education institutions. The Pledge of Allegiance (Panunumpa ng Katapatan sa Watawat ng Pilipinas) may be recited as well, though the law did not specify who is required to do so.

Section 20 of the law also states: "The rendition of the flag ceremony in official or civic gatherings shall be simple and dignified and shall include the playing or singing of the anthem in its original Filipino lyrics and march tempo."

Under Section 48 of RA 8491, “failure or refusal to observe the provisions of this Act; and any violation of the corresponding rules and regulations issued by the Office of the President, shall after proper notice and hearing, shall be penalized by public censure which shall be published at least once in a newspaper of general circulation.”

RA 8491 prescribes that any person who will violate its provisions may be punished by a fine of at least P20,000 or imprisonment of not more than one year.

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.

It's not flag ceremony

Nievera admitted that he changed the musical arrangement of "Lupang Hinirang" for the Pacquiao-Hatton fight.  He said, since it would be heard with the British and American anthems, he wanted his rendition to be “as beautiful as possible” and “to inspire Filipinos all over the world.”

"Pacquiao fight ito, hindi naman flag ceremony," the singer said.

The concert king also cited his “freedom of interpretation.”

"Sa recording world, mayroon kaming, I guess, freedom of speech, freedom of singing, freedom of delivery, freedom of interpretation. Kung makikinig ka ulit sa ginawa ko, hindi naman ako masyadong fancy, hindi ko ginawang R n’ B, hindi ko binastos ang lyrics," Nievara said.

Nievera said he was also told by the Pacquiao team as well as some politicians not to sing it slowly.

He added that he was not aware that he would violate a law if he sang the national anthem differently.

"I didn't forget the word, tama naman. Sa e-mail nga may nagpra-praise pati sa diction ko. Alam mo naman ang Tagalog ko ay baluktot,” he said.

'Amend the law'

NHI’s Atienza said that a case could be filed against Nievera.

“Kay Nievera, pinag-aaralan namin, kinukumpleto pa namin ang ebidensiya at sana naman mapag-usapan ito nang maayos,” said Atienza. “Sana nga mapag-usapan nga ito gaya n’ong mga ibang kumanta na nabago rin ‘yong anthem na pinag-usapan lang.”

Atienza was referring to singers Christian Bautista, Jennifer Bautista and Charice who was reprimanded for the wrong rendition of Lupang Hinirang.

“Magandang panahon ulit ito para ipaalam sa ating mga kababayan na dapat hindi mabago ang ating national anthem. Parang ang nangyari kulang na kulang pa rin kami sa impormasyon na ibinibigay sa mamamayan natin,” he added.

Meanwhile,  AKBAYAN Rep. Ana Theresia Hontiveros-Baraquel called for the amendment of RA 8491.  She said that “artistic” rendition of Lupang Hinirang should be allowed as long as it stirs nationalism and pride.

“We can ensure the integrity and reverential treatment of the national anthem by maintaining the melody, but the arrangement, cadence and rhythm can be altered to suit the occasion or the public mood," she said.

In defense of Nievera's performance, she described his rendition as “very artistic and was not in any way disrespectful of our national dignity."

http://news.abs-cbn.com/entertainment/05/05/09/martin-nievera-prepared-say-sorry

INQUIRER: NHI raps Martin’s version of RP anthem

Singer Martin Nievera’s rendition of the Philippine National Anthem at the start of the Pacquiao-Hatton bout in Las Vegas on Sunday is unacceptable to the National Historical Institute (NHI).

“Lupang Hinirang” is “not open to free interpretation,” Ambeth Ocampo, NHI chair, insisted in a text message to the Philippine Daily Inquirer Monday.

As Nievera performed it on Sunday, the anthem started slowly, took on a martial beat in the middle, then finally ended on a sustained high note.

Ocampo said he did not catch the live telecast, but was informed by many others who did. At press time, several clips uploaded on the video-sharing website YouTube have posted 25,000 hits. (There are also clips of Nievera practicing before a smaller audience.)

The law is on the NHI’s side. Section 37 of Republic Act No. 8491—or the 1998 Flag and Heraldic Code of the Philippines—provides that “the rendition of the National Anthem, whether played or sung, shall be in accordance with the musical arrangement and composition of Julian Felipe.”

Felipe composed the music, an instrumental march commissioned by Gen. Emilio Aguinaldo in 1898 for the proclamation of Philippine independence from Spain in Kawit, Cavite, on June 12 that year. It was originally titled “Marcha Filipina Magdalo,” and was first played by the San Francisco de Malabon band.

(The earliest Filipino lyrics were adapted from the Spanish poem, “Filipinas,” written by Jose Palma in 1899, and the current lyrics were written by Felipe de Leon in 1956.)

The NHI, in coordination with the proper government agency, shall disseminate an official music score sheet that reflects the manner in which the national anthem should be played or sung.

When the national anthem is played, the public is required to sing and do so “with fervor.”

They are expected to sing while the right hand is placed over the left chest. Uniformed personnel, meanwhile, are to salute the flag as prescribed by their respective regulations.

Individuals whose faith prohibit them from singing “Lupang Hinirang” must still show full respect.

The national anthem, however, would not be allowed to be played and sung preceding “events of recreation, amusement, or entertainment purposes.”

But the anthem may be played during the following: international competitions where the Philippines is the host or has a representative; local competitions; during the “signing off” and “signing on” of radio broadcasting and television stations; before the initial and last screening of films and before the opening of theater performances; and other occasions as may be allowed by the Institute.

The Oath of Patriotism (Panatang Makabayan) must be recited after the singing of the national anthem in basic education institutions. The Pledge of Allegiance (Panunumpa ng Katapatan sa Watawat ng Pilipinas) may be recited as well, though the law did not specify who is required to do so.

RA 8491 punishes failure or refusal to observe the provisions of the code with public censure, “which shall be published at least once in a newspaper of general circulation.” The guilty person may also be fined up to P20,000 or imprisoned for not more than a year, “or be meted with both penalties, at the discretion of the court.”

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.

Online debate

In 2005, Ocampo wrote in his Inquirer column, “Looking Back,” that if RA 8491 were taken literally, “Lupang Hinirang” may only be sung “with a solo piano or a brass band.”

The YouTube exposure has sparked a debate among Netizens, with over a hundred comments at press time.

“What’s wrong with the arrangement?” wrote one who liked Nievera’s rendition. “It’s flawless ... artistic [and] not boring.”

Another protested, “I’d rather hear a music teacher sing [the national anthem]. At least ... a teacher respects the arrangement [by] Julian Felipe.”

Still another wrote, “I like the ending. Parang pinagsisigawan mong Pinoy ka (It’s like proudly declaring you are Filipino).”

Nievera unrepentant

Sought for his side of the story, Nievera sent the Inquirer a long statement via e-mail.

When Pacquiao offered him the “honor” of singing at the title bout, the singer said, he knew that he couldn’t please everybody. “I also knew that if I changed anything, I would be crucified for it.”

Nievera stressed that the event was “not a gig or a show,” and that he didn’t approach it as an entertainer.

Instead, he said, he interpreted the song the way he “understood” it. “From the deepest part of my heart I sang for my country.”

The statement continued: “I was told many times by many ... most especially by Manny Pacquiao ... not to sing it slow. They wanted me to sing it like a march, the way it was written. Even the politicians I consulted the day before the fight [said I should not] sing it like an R&B; ballad. So [at the] last minute I had an arranger [do] a simple, ethnic-inspired minus one that begins slow, because I believe one needs to walk before he marches ... The crowd ... cheered when [the tempo picked up].”

Ending it big

As for that last high note, Nievera explained: “I have watched many of Manny’s fights, and whenever the national anthem is sung, I could never hear the most important line, ‘Ang mamatay nang dahil sa ’yo (To die for you)!’ So I elected to end the song big, [the better to] be heard over the usual screams and boos, and ... get the final message of the song across.”

Admittedly, he is unrepentant. “I have never had to explain a song so much, but obviously [this] needs to be explained for those who didn’t like it. And even after all of this explaining, they still won’t. I cannot apologize for something I am not sorry about.”

It is not a crime, Nievera said, to “try to inspire a nation—which was all I tried to do. I sang it like it was the last song I would ever sing. I wanted to make my country proud [and believed that] if I could contribute to the inspiration factor by delivering the song properly, then my job [was] done.”

His message for NHI officials: “If [they] want to implement old laws for the new singers, I suggest that they take it up with the people who hire these singers before they even step into the ring. I don’t mean minutes before ... I mean days or weeks before. Why blame the artist when he or she is informed only after the song is sung?”

Not the first time

The NHI has criticized other versions of “Lupang Hinirang” in some past Pacquiao bouts. Among the artists it has chided are Sarah Geronimo, Geneva Cruz, Kyla, Lani Misalucha and Bituin Escalante.

This time around, Ocampo also noted the flashing of the NHI seal in GMA 7’s broadcast toward the end of Nievera’s performance.

Ocampo said this was “without our permission.” The seal was accompanied by the words, “Approved by the National Historical Institute.”

Also flashed during the song was footage of a Philippine Airlines aircraft and of Pacquiao in his dugout. None of this was seen on Solar Sports, the other channel that aired the event.

http://web.archive.org/web/20090507150001/http://newsinfo.inquirer.net:80/inquirerheadlines/nation/view/20090505-203126/NHI-raps-Martins-version-of-RP-anthem