Introduction

In the Philippines, the national anthem, "Lupang Hinirang," holds a profound symbolic significance as an embodiment of national identity, sovereignty, and historical struggle. Composed by Julian Felipe in 1898 with lyrics later added by Jose Palma, it is protected not only under intellectual property laws but also through specific statutory provisions that govern its use, rendition, and incorporation into other works. This article explores the comprehensive legal framework surrounding the legality of using arrangements of the national anthem in original music compositions within the Philippine context. It delves into constitutional principles, statutory regulations, intellectual property considerations, potential liabilities, and interpretive nuances, providing a thorough examination of the topic.

The primary concern arises from the tension between artistic freedom and the state's interest in preserving the sanctity of national symbols. While composers may seek to innovate by sampling, remixing, or integrating elements of the anthem into new works, Philippine law imposes strict limitations to prevent desecration or misuse. This analysis is grounded in key legislation, including Republic Act No. 8491 (the Flag and Heraldic Code of the Philippines) and Republic Act No. 8293 (the Intellectual Property Code of the Philippines), alongside relevant constitutional provisions.

Historical and Constitutional Context

The Philippine national anthem traces its origins to the Philippine Revolution against Spanish colonial rule. Julian Felipe's original composition was instrumental, with lyrics adapted from Palma's poem "Filipinas." It was officially adopted as the national anthem in 1938 under Commonwealth Act No. 382 and has since been enshrined in various laws to ensure its dignified treatment.

Constitutionally, the 1987 Philippine Constitution underscores the importance of national symbols in fostering patriotism. Article XVI, Section 1 states: "The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law." While this directly addresses the flag, the anthem is similarly treated as a heraldic symbol under implementing laws. The Constitution's emphasis on cultural heritage (Article XIV) and state sovereignty implies that national symbols like the anthem are not mere artistic works but public emblems deserving of protection from alteration or commercial exploitation that could undermine their symbolic value.

This constitutional backdrop informs the restrictive approach to the anthem's use, prioritizing national dignity over individual creative expression. Any incorporation into original compositions must thus align with these principles, avoiding any form that could be perceived as disrespectful or trivializing.

Statutory Framework: Republic Act No. 8491

The cornerstone of regulation is Republic Act No. 8491, enacted in 1998, which codifies the rules for the Philippine flag, anthem, and other heraldic items. This law explicitly addresses the rendition and use of the national anthem, imposing obligations that extend to musical arrangements.

Rendition Requirements

Section 35 mandates: "The rendition of the National Anthem, whether played or sung, shall be in accordance with the musical arrangement and composition of Julian Felipe." This provision requires fidelity to the original score, prohibiting deviations in key, tempo, or structure unless officially sanctioned. For composers creating original works, incorporating an arrangement that alters the anthem's melody, harmony, or rhythm could violate this, as it deviates from Felipe's composition.

Section 34 further requires that the anthem be sung in the national language (Filipino) within or outside the country, limiting linguistic adaptations in compositions.

Prohibited Uses

Section 37 is particularly restrictive: "The National Anthem shall not be played and sung for mere recreation, amusement or entertainment purposes except on the following occasions: (a) International competitions where the Philippines is the host or has a representative; (b) Local competitions; (c) During the 'signing off' and 'signing on' of radio broadcasting and television stations; (d) Before the first and last screening in cinemas; (e) Other occasions as may be allowed by the National Historical Commission of the Philippines (NHCP)."

This exhaustive list implies that using the anthem in original music compositions for general artistic, commercial, or entertainment purposes—such as in pop songs, film scores, or experimental music—is presumptively illegal unless it falls within these exceptions or receives NHCP approval. For instance, a composer remixing the anthem into a hip-hop track for album release would likely infringe, as it constitutes "mere recreation" without an exempted context.

Protocol During Performance

Sections 36 and 38 outline behavioral protocols, such as mandatory singing with fervor and standing at attention. While these apply to public performances, they indirectly affect compositions: if an original work includes the anthem and is performed publicly, failure to adhere to these protocols could compound liability.

Enforcement and Penalties

Section 50 prescribes penalties for violations: a fine ranging from P5,000 to P20,000, imprisonment up to one year, or both, with mandatory fine and imprisonment for repeat offenses. For juridical entities (e.g., music production companies), the president or CEO is personally liable. Enforcement falls under the NHCP, local government units, and law enforcement agencies, with potential for citizen-initiated complaints.

In practice, this has led to public scrutiny and legal actions against unauthorized uses, such as altered renditions in advertisements or events, reinforcing the law's broad application to creative works.

Intellectual Property Considerations: Republic Act No. 8293

Beyond heraldic regulations, intellectual property law intersects with the topic through copyright and moral rights.

Copyright Status

Julian Felipe passed away in 1944, and under Section 213 of RA 8293, copyright protection for musical works lasts for the author's life plus 50 years. Thus, the original composition entered the public domain in 1994, allowing free use of the melody and structure without copyright infringement claims from Felipe's estate.

However, modern arrangements or recordings of the anthem may be copyrighted if they involve original creative input. For example, a contemporary orchestral arrangement commissioned by the government could be protected, and using it without permission in an original composition might constitute infringement under Sections 177 (economic rights) and 193 (moral rights), which protect against unauthorized reproduction, adaptation, or public performance.

The official arrangement, as mandated by RA 8491, is treated as a state-protected version rather than a privately copyrighted work. Incorporating it could still trigger liability under the heraldic code, even if copyright is not an issue.

Moral Rights and Public Domain Exceptions

Moral rights under Section 193 persist indefinitely for Philippine authors, requiring attribution and prohibiting distortion that prejudices the author's honor. Although Felipe's work is public domain, altering the anthem in a way that distorts its patriotic essence could be argued as violating these rights, especially if the new composition portrays it in a derogatory light.

Moreover, Section 184 limits fair use exceptions: while criticism, comment, news reporting, teaching, scholarship, or research may permit limited use, incorporating the anthem into an original commercial composition rarely qualifies, as it exceeds de minimis use and could be seen as transformative only if non-commercial and educational.

Trademark and Related Rights

The anthem is not trademarked, but its status as a national symbol akin to the flag (protected under RA 8491) creates analogous protections. Using it in a manner suggesting official endorsement could lead to claims under unfair competition provisions in RA 8293 or the Consumer Act.

Potential Liabilities and Defenses

Civil and Criminal Liabilities

Violations can result in civil suits for damages (e.g., if a rights holder claims infringement on a protected arrangement) or criminal prosecution under RA 8491. Composers risk injunctions halting distribution, as well as reputational harm from public backlash.

Defenses

Limited defenses exist:

NHCP Approval: Seeking prior clearance for "other occasions" under Section 37 could legitimize use, though approvals are rare for original compositions.
Fair Use Doctrine: Narrowly applicable; a composition for educational or parodic purposes might qualify, but courts interpret this strictly for national symbols.
Artistic Freedom: Article III, Section 4 of the Constitution protects free expression, but this is balanced against state interests. Courts may uphold restrictions if the use desecrates the anthem, as seen in analogous flag desecration cases.
De Minimis Use: Brief, incidental incorporation (e.g., a few notes as homage) might not trigger liability, but full arrangements would.

No major Supreme Court precedents directly address anthem use in compositions, but analogies from flag cases (e.g., Ebralinag v. Division Superintendent, emphasizing religious freedom over salute mandates) suggest courts weigh individual rights against national interests.

Practical Implications for Composers

Composers should:

Consult the NHCP for guidance.
Use only public domain elements without alteration.
Avoid commercial contexts unless exempted.
Document intent to demonstrate respect for the anthem.

Internationally, if the composition is distributed abroad, Philippine law applies extraterritorially for Filipino citizens, but foreign laws (e.g., Berne Convention obligations) may influence copyright aspects.

Conclusion

The legality of using arrangements of the Philippine national anthem in original music compositions is heavily restricted to preserve its sanctity as a national symbol. RA 8491's mandates for faithful rendition and limited use contexts, combined with IP protections under RA 8293, create a framework that prioritizes dignity over innovation. While the original composition is public domain, deviations or entertainment-oriented integrations risk fines, imprisonment, and injunctions. Composers must navigate these laws cautiously, seeking approvals where possible, to balance creativity with national respect. This regime reflects the Philippines' commitment to cultural heritage, ensuring "Lupang Hinirang" remains a unifying emblem rather than a commodified artifact.