Commentary

On the National Historical Commission of the Philippines’ allegation of violation of the Flag and Heraldic Code

Extraterritorial application of our laws is the exception, rather than the norm, because obviously we will have difficulty implementing our laws abroad.
Thus, unless the law is explicit that it has extraterritorial application, it should not be construed to have application outside of Philippine territory.
As far as the text of the Flag and Heraldic Code is concerned, it does not explicitly state that it has extraterritorial application. Thus, it cannot be enforced against those outside our country.
The subject Youtube performer is U.S.-based and reportedly did the performance in Hawaii. Why would NHCP insist that the Flag and Heraldic Code will apply?
From a Local School Board which thinks that it is empowered to determine the medium of instruction, to a police station conducting hot pursuit 48 hours after the crime and it has lost track of the subject, to a national agency tasked with safeguarding our heritage which does not know the extent of application of our Flag and Heraldic Code, maybe it is time that government agencies and instrumentalities have public statements pass through their legal units. Unmitigated, this kind of pronouncements would only confuse more our already confused people.

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