SAYING that it would be a test case for the Flag and Heraldic Code of the Philippines, a proadministration legislator vowed to file charges against singer Martin Nievera for his allegedly wrong rendition of the National Anthem during Sunday?s championship duel between Manny Pacquiao and Ricky Hatton.
But when asked if he would do the same to Pacquiao for wearing a robe that resembles the Philippine flag, Kabalikat ng Malayang Pilipino Rep. Elpidio Barzaga of Cavite was hesitant saying he did not actually notice it during the fight.
At a weekly forum in Quezon City, Barzaga said while any violation of a Philippine law is strictly confined within the country?s territory, Nievera?s wrong rendition of ?Lupang Hinirang? in Las Vegas which is allegedly in violation Republic Act (RA) 8491, was telecast all over the world.
?Martin Nievera may have sung the Philippine National Anthem as against what is stipulated for in RA 8491 which clearly states that the national anthem should be sang the way composer Julian Felipe had originally arranged it, in a foreign territory outside the jurisdiction of the Philippine laws,? Barzaga said.
?But his rendition was telecast all over the world including in our country. So I believe he may be liable for violation of RA 8491,? he added.
Section 50 of RA 8491 provides: ?Any person or juridical 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 [P5,000] nor more than twenty thousand pesos [P20,000], or by imprisonment for not more than one 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, further, that in case the violation is committed by a juridical person, its President or Chief Executive Officer shall be liable.?
?As a fellow Caviteňo of Julian Felipe, I am filing criminal charges against Mister Nievera which I believe would be at test case for this particular law. We have to set jurisprudence on this particular law. I will file the test case in the soonest possible time,? Barzaga said.
As for Pacquiao?s wearing a robe that resembles the nation?s tricolor, Barzaga said that the same law stipulates the Philippine Flag should not be worn as a costume or a dress.
?So, if the report is true that Pacquaio has worn the Philippine Flag as a robe, then he could also be liable,? he said.
Barzaga said he could not remember what exactly Pacquiao wore during the fight.
?Honestly, I cannot remember what he was wearing then before he entered the ring. So we still have to review the tape and study if what he wore could qualify as a violation of RA 8491.?
