Published by Komisyon sa Wikang Filipino(KWF) on Dec. 22, 2018.
Requested from KWF by B. Mendillo at 01:40 PM on
Dec. 22, 2018.
Purpose: Research
Date of Coverage: 04/13/2013 - 04/13/2013
Tracking no: #KWF-077849671472
B.MENDILLO
Dec. 22, 2018, 1:40 p.m.
I am requesting an official or certified true copy of the said board resolution in relation to transgression of Executive Order 141, sec 3. and RA 8491, s98, sec 41.
G.GRANADA
Dec. 27, 2018, 2:29 p.m.
December 27, 2018
Dear Benjamin M. Mendillo Jr,
Thank you for your request dated Dec 22, 2018 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Board Resolution13-19,s2013 — changing “Pilipinas” to “Filipinas”.
We received your request on Dec 22, 2018 and will respond on or before Jan 11, 2019 01:40:38 PM, in accordance with the Executive Order's implementing rules and regulations.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEEtXRi0wNzc4NDk2NzE0NzIM, for request with ticket number #KWF-077849671472.
Thank you.
Respectfully,
Gregory Miles Granada
FOI Officer
D.RODRIGUEZ
Jan. 10, 2019, 4:25 p.m.
Magalang na hinihiling na mabigyan ninyo ng linaw ang inyong dahilan kung bakit ninyo hinihingi ang mga nasabing dokumento; hinihiling na maipaliwanag ninyo ang binanggit ninyong “in relation to transgression of Executive Order 141, sec 3. and RA 8491,s98, sec 41.”
Maraming salamat po.
B.MENDILLO
Jan. 10, 2019, 9:56 p.m.
These are official acts, hence, public documents.
The insignia/emblem at the facade of KWF is Res ipsa loquitur—
It is a doctrine of law that one is presumed to be negligent if he/she/it had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence, and the accident would not have happened without negligence. The traditional elements needed to prove negligence through the doctrine of res ipsa loquitur include:
1. 1. The harm would not ordinarily have occurred without someone's negligence
2. 2. The instrumentality of the harm was under the exclusive control of the defendant at the time of the likely negligent act
3. 3. The plaintiff did not contribute to the harm by his own negligence.
(Latin for "the thing speaks for itself")
At the facade of the office of the KWF
“Republika ng Filipinas”
Republic of the Philippines
Congress of the Philippines Metro Manila
Tenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday the twenty-eighth day of July, nineteen hundred and ninety-seven.
REPUBLIC ACT NO. 8491
AN ACT PRESCRIBING THE CODE OF THE NATIONAL FLAG, ANTHEM, MOTTO, COAT-OF-ARMS AND OTHER HERALDIC ITEMS AND DEVICES OF THE PHILIPPINES.
Be it enacted by the Senate and Home of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title — This act shall be known as the “Flag and Heraldic Code of the Philippines.”
SECTION 2. Declaration of Policy – Reverence and respect shall at all times be accorded the flag, the anthem and other national symbols which embody the national ideals and traditions and which express the principles of sovereignty and national solidarity. The heraldic items and devices shall seek to manifest the national virtues and to inculcate in the minds and hearts of our people a just pride in their native land, fitting respect and affection for the national flag and anthem, and the proper use of the national motto, coat-of-arms and other heraldic items and devices.
SECTION 3. Definition of Terms — Whenever used in this Act, the term:
a. “Military” shall mean all branches of the Armed Forces of the Philippines including the Philippine National Police, the Bureau of Jail Management and Penology, and the Bureau of Fire Protection;
b. “Festoon” shall mean to hang in a curved shape between two points as a decoration;
c. “Flag” shall mean the Philippine National Flag, unless stated otherwise;
d. “Fly” shall mean the part of the flag outside the hoist or length;
e. “Symbol” shall mean any conventional sign which reveals man’s achievement and heroism (for orders and decorations), identification, authority and a sign of dignity (for coat-of-arms, logo and insignia);
f. “Half-Mast” shall mean lowering the flag to one-half the distance between the top and bottom of the staff;
g. “Hoist” shall mean the part of the flag nearest the staff or the canvass to which the halyard is attached;
h. “Inclement Weather” shall mean that a typhoon signal is raised in the locality;
i. “National Anthem” shall mean the Philippine National Anthem’
j. “Official Residences” shall mean Malacañang, and other government-owned structures where the President resides, and other structures occupied by the Philippine Consulate or Embassies abroad;
k. “Places of Frivolty” shall mean places of hilarity marked by or providing boisterous merriment or recreation; and
l. “Institute” shall mean the National Historical Institute.
CHAPTER IV
NATIONAL COAT-OF-ARMS
SECTION 41. The National Coat-of-Arms shall have:
Paleways of two (2) pieces, azure and gules; a chief argent studded with three (3) mullets equidistant from each other; and, in point of honor, ovoid argent over all the sun rayonnant with eight minor lesser rays. Beneath shall be the scroll with the words “REPUBLIKA NG PILIPINAS,” inscribed thereon.
CHAPTER V
THE GREAT SEAL
SECTION 42. The Great Seal shall be circular in form, with the arms as described in the preceding section, but without the scroll and the inscription thereon. Surrounding the whole shall be a double marginal circle within which shall appear the words “Republika ng Pilipinas.” For the purpose of placing The Great Seal, the color of the arms shall not be deemed essential but tincture representation must be used.
The Great Seal shall bear the National Motto.
CHAPTER VII
PENALTIES
SECTION 48. 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, be penalized by public censure which shall be published at least once in a newspaper of general circulation.
The Department of Education, Culture and Sports and the Commission on Higher Education, upon the recommendation of the Institute and after the proper notice and hearing, shall cause the cancellation of the recognition of permit of any private educational institution which fails or refuses to observe the provisions of this Act for the second time.
SECTION 49. The Department of Education, Culture and Sports (DECS) and the Commission on Higher Education shall ensure that the National Anthem, as adopted by law, shall be committed to memory by all students of both public and private educational institutions, and performed during the flag ceremony conducted in accordance with the rules and regulations issued by the Office of the President. In addition, they shall make available the vocal, piano or band scores of the National Anthem, as adopted by law, to all private and public schools, as well as he general public.
SECTION 50. Any person or judicial entity which violates any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than Five thousand pesos (5,000.00) not more than Twenty thousand pesos (P20,000.00), or by imprisonment for not more than one (1) year, or both such fine and imprisonment, at the discretion of the court: Provided, That for any second and additional offenses, both fine and imprisonment shall always be imposed: Provided, That in case the violation is commited by a juridical person, its President or Chief Executive Officer thereof shall be liable.
The sign which is located in a very public location after the sentry gate of Malacañan and the wordings REPUBLIKA NG FILIPINAS is displayed is undoubtedly a transgression of the above law. Moreover, the encroachment of Legislative power in altering the name of the country to “Filipinas” without any legislative act is direct contempt and moreso, arrogated upon themselves the said power which does not belong to them.
Hence, the Board Reso being asked which is publicly available via eplatform be given way.
D.RODRIGUEZ
Dec. 19, 2020, 4:33 a.m.
Dec 18, 2020
Dear Benjamin M. Mendillo Jr,
I refer to my letter of Jan 10, 2019 about your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Board Resolution13-19,s2013 — changing “Pilipinas” to “Filipinas”. In particular, I had requested specific information for you to clarify upon in order for us to proceed with the request.
As we have not received a reply within the 60-day working period since the letter requesting for clarification was sent out, we regret to inform you that this request will be closed as of Apr 04, 2019.
You may wish to submit a new request describing the specific information you are looking for, and we will be able to consider it under the guidelines as stated in Executive Order No. 2.
Your right to request a review
If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to or visiting our central office. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.
If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).
Thank you.
Respectfully,
Director General Anna Katarina
FOI Officer
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