OSG: Stylized rendition of anthem violates law

MANILA, Philippines - A stylized rendition of the Philippine national anthem violates Republic Act 8491, the Flag and Heraldic Code of the Philippines, Solicitor General and acting Justice Secretary Alberto Agra said yesterday.

Agra’s statement follows a plan expressed by the National Historical Institute (NHI) to file charges against Journey lead singer Arnel Pineda for his rendition of the national anthem before the bout of boxing icon Manny Pacquiao and Ghana native Joshua Clottey in Texas last Sunday.

Agra told reporters that Section 37 of RA 8491 prohibits the singing of Lupang Hinirang in a musical arrangement other than what was composed by Julian Felipe.

“We have to follow the law, and our law is very categorical (on this).

In singing the national anthem, you have to follow the arrangement of Julian Felipe,” he said.

He said this is the position of the Office of the Solicitor General, which he concurrently heads, when asked for its legal opinion by the NHI in connection with the stylized rendition of singer Martin Nievera during the bout of Pacquiao and British national Ricky Hatton last year.

But Agra said the NHI did not pursue the case because it was also told by the OSG there is a problem with jurisdiction since the alleged violation was committed in the US.

The Department of Justice (DOJ) chief also said he is not aware of any case wherein a person was charged and convicted for violating this law.

But Agra clarified that there is no case filed yet against Pineda in the DOJ so he could not comment yet on the latter’s possible violation of law.

“I also haven’t watched (Pineda’s rendition),” he added.

He said violators face a fine of P5,000 to P20,000, imprisonment of up to one year, or both at the discretion of the court.

On Sunday, the NHI said it will file charges against Pineda before the DOJ.

But Pineda reportedly defended his version, saying he had sung it with all his heart. He said he would ask his lawyer to deal with the complaint once it is filed.

The NHI was criticized last year for painting the Calamba, Laguna house of national hero Jose Rizal green. The house, reconstructed in the 1950s, was dirty gray before it was repainted in May 2009.