The History and Issue Behind the PNP Badge
The History and Issue Behind the PNP Badge
Once you’ve taken the oath
and assumed your post in the Philippine National Police (PNP), you’ll have the authority
to enforce the law as a police officer. All of this authority originates from
the people and the law.
The PNP badge you wear on
your left breast represents the authority you have been granted by the
government, and it is there, close to your heart, to serve as a constant
reminder of the loyalty and devotion to duty that are required of you.
Did you know that a private individual, not the PNP, designed the PNP badge and cap device in 1996?
In 1996, the PNP
Directorate for Logistics Support Service authorized the acquisition of new
uniforms and equipment, including brand-new cap devices and badges, for the
PNP.
The PNP Directorate on
Research and Development, Clothing, and Criminalistics Equipment Division was
tasked with upgrading the cap device and badge designs.
The previous cap device and badge of the Philippine National Police (PNP) featured the following distinguishing elements: (1) a native shield, depicted as a vertically elongated hexagon; (2) a sword-and-shield wielding warrior purporting to be Lapu-Lapu; (3) eight (8) rays of the sun representing the first eight (8) provinces to revolt against Spain; (4) three (3) pentagram stars representing Luzon, Visayas, and Mindanao; (5) laurel leaves; and (6) the words “service, honor, and justice.”
The
Philippine Constabulary used this PNP cap device and badge design in its coat
of arms before the PNP took over.
New versions of the PNP
hat device and badge were designed by Jose C. Tupaz, IV, in collaboration with
the PNP Directorate on Research and Development, Clothing, and Criminalistics
Equipment Division.
Tupaz
offered his help without expecting payment. Tupaz will draw up sketches and
make prototypes as per the terms of the agreement.
After
being tested, the samples will be sent to the PNP Uniform and Equipment
Standardization Board for final approval. The designs were then sent to and
approved by the National Police Commission (NAPOLCOM).
El
Oro Industries, Inc. participated in a PNP bidding for new cap devices and
badges (El Oro).
Tupaz, then president and
chair of El Oro’s board of directors, presented copyright registration
certificates over the PNP cap device and badge. El Oro, not the winning bidder,
was awarded the contract.
Police Director Jose
Andaya, head of the DRD-CCED, wrote to the National Library asking for the
cancellation of the PNP cap device and badge’s copyright certificates, but
received no response.
The PNP then petitioned
the Quezon City RTC to have Tupaz’s copyright registration certificate
cancelled.
In upholding the Court of
Appeal’s decision, the Supreme Court pointed out that PNP’s only role in
developing new designs for the PNP cap device and badge was to instruct Tupaz
on how the designs should appear in general and what specific elements should be
incorporated.
Thus, PNP cannot be
recognized as the author of the new designs in whole or in part.
Tupas and the PNP have
been in a more than two-decade legal battle over the new design of the PNP
badge and cap, and it was finally decided only in 2020.
The Supreme Court noted
that the law on copyright only protects the expression of an idea, not the idea
itself. Thus, one who merely contributes concepts or ideas is not deemed an
author.
Due to this incident, the NAPOLCOM
issued resolution number 2001-005, which approves a new standard for PNP badge
specifications (current PNP badge). This puts an end to the controversial
ownership dispute between PNP and Tupaz.
Sources:
G.R. No. 197335. September 7, 2020
NAPOLCOM Res. No. 2001-005