Lawyer sues as foreigner fails to stand erect

November 11, 2012



A Swiss national is accused by a Filipino citizen for alleged violation of provisions of RA 8491, otherwise known as “An Act Prescribing the Code of the National Flag, Anthem, Motto, Coat-of-Arms and other Heraldic Items and Devices of the Philippines,” before city prosecutor Ely Escorial.

The complaint for violation of Sections 38 and 50 of said Act was filed before the city prosecutor’s office by Atty. Raymund Jorge A. Mercado, former officer of the Intergrated Bar of the Philippines-Negros Oriental chapter and a practicing lawyer, against a certain Pedro Sager, and his Filipina girlfriend, Jenny Lyn Samane, both residing near El Dorado beach in Dauin, Negros Oriental.

In a sworn affidavit, Atty. Mercado expressed great dismay and disappointment on the actuations of the foreigner and his girlfriend during the first screening of the movie “Skyfall” at Robinsons Cinema 3 on Sunday, November 4, 2012.

Customarily, since it was the first screening of the movie, it was preceded by the playing of the national anthem as provided for under RA 8491. However, while everybody was standing, including the rest of the foreigners to show their respect, Sager and Samane had remained seated, and in a disrespectful, discourteous and arrogant manner, were talking quite loudly and eating likewise intermittently.

Mercado believes that the national flag and anthem should be respected with more emphasis on foreigners, as they are visitors in our country. “Surely, the foreigner would not like if we Filipinos would act that way he acted in their country,” the Dumagueteño lawyer stressed. “It would have been understandable if the foreigner was a person with disability but he was not.” He is physically able as Mercado have observed him walk after the movie ended at past 2:00 in the afternoon.

Section 38 provides that when a national anthem is played at a public gathering, whether by a band or by singing or both, or reproduced by any means, the attending public shall sing the anthem. The singing must be done with fervor.

As a sign of respect, all persons shall stand at attention and face the Philippine flag, if there is one displayed, and if there is none, they shall face the band or the conductor. At the first note, all pesons shall execute a salute by facing their right palms over their left chests.

Mercado said Section 50 provides for the penal provision. He has executed the affidavit in support of his complaint for violation of RA 8491 and for such other laws, to include immigration laws.

Mercado is requesting the City Prosecutors Office that a preliminary investigation be made and if evidence warrant for the filing of the information in court.jg (by Dems Demecillo)


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Now, the fun really seems to start to get serious and it seems to pay not to go to the Cinema on first time screenings...

 

We go to the theater often, and just about every time they play the anthem there is a foreigner or two who refuse to stand.

Larry

 

Not sure why a foreigner wouldn’t just stand - when in Rome.... Can certainly understand why this is perceived as disrespectful behavior. However, dragging people to court is perhaps a little over the top. Wonder if the girlfriend is also being sued given that the plaintiff seems very determined to set people right. If not, perhaps an example of how the presence of foreigners is a thorn in some Filipino eyes, which the devils advocate might argue is hypocrisy given the strategy of exporting 10% of the local population abroad to work.

Well, in any case it would be quite interesting if you get the chance to post the verdict when the case is over.

 

If "Pedro" is "Peter" it sounds like the guy with the big bikes and workshop at El Dorado parking lot
...long enough here, should know better.

 

I can tell you the verdict right now.

Foreigner pays, case dismissed!

I wonder how many Filipinos this person has filed a case against for not holding their right hand over their left breast and singing the anthem loudly! (Part of the law too)

Larry

 

you are probably right. But standing 90 seconds and STFU isn't that hard to avoid problems

 

Lawyer sues as foreigner fails to stand erect !!!!!!!!!!!!!!!!

WTF, that's breaking dangerous ground. Whenever that's happened to me, I've feigned surprise, apologised, and said "Oh that's never happened before, but it should be ok and working properly in the morning" :D

 

I hope such lawyer will have the courage to sues the corrupt politicians, drug lords and etc.. And the filipina has to be given the same offense if they go on with the case. " sorry I hate the word" proud to be pinoy" and " it's more fun in the Philippines"...we should not be proud if we are 30 years behind from the other countries..and no fun when things need to be takin seriously!

 

I find this hilarious. I tend to prefer going to the first showings of the day as its the least crowded and am an avid movie fan.

Many times I see foreigners ignore it of course, sometimes they simply don't know but of course should realize it easily. I had it pointed out to me once and rose w/o question when realized it. However more often its Filipino's I see not standing. Everytime there is at least 1 Filipino not standing and you know this lawyer wouldn't bother going after a fellow Filipino.

A couple weeks ago I was in Cebu with my GF and watched a movie (first showing of the day also). When the Anthem started to play there was a foreigner nearby me, I glanced quickly at him and he rose (no word or evil look from me). However the foreigners Filipina GF just had her legs kicked up on the chair txting and telling her foreigner who just stood up to sit down!

Funny how things like this happen and seem to happen to only foreigners. Plus this law seems a bit extreme. Seriously they expect everyone to sing? And place their hands over their heart which is swearing allegiance? We stand out of respect but the rest isn't our issue.