EXECUTIVE ORDER NO. 640-A
EXECUTIVE ORDER NO. 640-A -
PRESCRIBING GUIDELINES TO PROMOTE AND ENHANCE THE PRESERVATION, GROWTH,
AND DEVELOPMENT OF THE MOTION PICTURE ART AND SCIENCE IN THE PHILIPPINES
WHEREAS, the motion picture
industry has become a significant social institution that wields
tremendous influence in the lives of our people and serves as a vital
instrument for social and cultural changes in our society;
WHEREAS, the Government recognizes the need to integrate and
rationalize all existing and envisioned efforts designed to encourage
the preservation, growth and development of the motion picture art and
science in the country, to the end that the motion picture will not
only be a viable and profitable business enterprise, but a vehicle to
accelerate the artistic, scientific and cultural advancement of the
nation, and reinforce the national endeavor of social and economic
development and progress;
WHEREAS, the Cultural Center of the Philippines as created under
Presidential Decree No. 15, is the most appropriate Government agency
through which the Government may promote and enhance the preservation,
growth and development of the motion picture art and science in the
country, through the adoption and proper implementation of sound and
effective regulatory measures, the grant of incentives, and other
reasonable means of attaining such purpose;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by law, do hereby order and direct
the following:
Section 1. It is hereby declared a policy of the
State to provide support and assistance to the motion picture industry
in the country, specifically for the purpose of achieving sound,
effective and progressive integration and correlation of the business,
economic and commercial functions and operations of the said industry,
thereby making the motion picture industry a truly dynamic and vigorous
instrument for national cultural growth and development and vital
social institution which will enhance the artistic as well as
scientific heritage of the nation.
Accordingly, the Cultural Center of the Philippines by itself or
through any of the supporting bodies created or mentioned herein is
hereby designated and authorized to implement such policy of the state.
Sec. 2. Pursuant to Presidential Decree No. 15 as
amended, and in accordance with the policy declared in Section 1
hereof, a Filipino Motion Picture Development Board is hereby created
as an arm of the Cultural Center of the Philippines. The Board shall
perform the following powers and duties or activities:
1.
To establish, operate and maintain an institution to be known as the
Film Academy of the Philippines to be headed by a Director-General. The
basic function of the Academy shall be to give due recognition, awards
distinction, appreciation and other forms of reward for significant
efforts and accomplishments of the improvement and development of the
motion picture art and science in the country. In relation to its basic
function as herein stated, and to further professionalize the motion
picture industry through the formation of representative guilds in the
various creative and technical sectors of the industry, the Academy
shall maintain educational programs, scholarships, grants and other
forms of and/or assistance, through which qualified and deserving
persons with exceptional talent and ability in the film arts shall be
afforded better opportunities for further development. In connection
there with, the Academy shall coordinate with the already established
MOWELFUND Film Institute of the Movie Workers Welfare Foundation, Inc.;
2. To
establish, operate and maintain a special fund to be known as the Film
Fund, to be headed by a Director-General, which shall be utilized to
provide financial assistance to motion picture production venture or
projects;
3. To
establish, operate and maintain a Board of Standards to be headed by a
Director-General. The Board shall formulate and administer, subject to
the approval of the President, a national film rating and
classification system based on the criteria prescribed by the said
Board. In relation to its basic function as stated herein, the Board
shall be authorized to administer and enforce a system of tax
incentives structured on a graduated scale in coordination with the
Ministry of Finance, which System shall be applied on the basis of the
rating received by Film productions from the Board. In the discharge of
these functions, the Board of Standards shall coordinate with and shall
be assisted by the Board of Review for Motion Pictures and Television.
4. To
establish, operate and maintain a Film Archive to be headed by a
Director-General, for the purpose of preserving and disseminating
motion picture which are historical, cultural and/or aesthetic value of
the nation.
5. To
establish, operate and maintain such administrative units as it may
deem necessary or proper for the purpose; appoint, control and
supervise the personnel therein; and promulgate such rules and
regulations governing the duties, functions and responsibilities of
such units in conformity with the objectives stated in this
Order.
6. To provide
assistance and support for all efforts, activities and enterprises
which are designed or envisioned to raise the standard of the cinematic
art and science in the country in consonance with the cultural,
scientific educational values and sensibilities of our people and our
society, and in keeping with the country’s social and economic
development aims and objectives; add consistent therewith, to adopt and
implement such measures as may be proper or necessary to ensure the
success of such efforts, activities and enterprises and to obtain
satisfactory results therefrom, particularly performance, and also in
terms of cultural achievements;
7. To set up
and administer a viable system of objectives to encourage the growth
and development of high quality motion pictures in the country, which
incentives shall include the grant of recognition to deserving
individuals or entities who have contributed to the vital task and
objectives of improving the quality of film-making or cinematic
production in the country in accordance with the criteria formulated by
the Filipino Motion Picture Development Board; and
8. To furnish
and extend assistance to Filipino talents in the acquisition of skills,
experience and expertise necessary for quality film production.
9. To borrow
funds, acquire, manage and hold such real and personal property as may
be necessary to carry out their purpose and objectives;
10. To invest
funds and other assets in such activities or undertakings and under
terms and conditions as it may deem wise or desirable;
11. To
participate and engage in productive projects and investments in order
to generate adequate funds for their financial requirements, functions
and responsibilities; and
12. To do and
perform all acts and things as may be necessary in the exercise of
their powers, functions, duties and responsibilities, or incident
thereto, including all the corporate powers of the Decree No. 15 as
amended.
Sec. 3. The Board shall be composed of seven
members, with the Chairman of the Cultural Center of the Philippines,
as Chairman, and the following as members: The Director-General for the
Film Academy, the Film Fund, the Film Archives and the Board of
Standards, and two (2) representatives of Cultural Center of the
Philippines to be designated by the Chairman of the Cultural Center of
the Philippines who shall be individuals widely respected in the motion
picture industry for their commitment to the development of Philippine
cinema.
The Board shall prescribe such rules and regulations for the conduct of
its meeting and internal governance.
Sec. 4. The Director-General for the Film Academy,
the Film Fund, the Film Archives and the Board of Standards shall be
appointed by the Chairman of the Cultural Center of the Philippines,
from members in good standing and of general repute of the Philippine
motion picture industry. The Director-General for the Film Academy, the
Film Archives and the Board of Standards shall serve for a term of two
years. The Director-General for the Film Fund shall serve for a
one-year term, without immediate reappointment during which term he may
not engage in any feature film project, directly or indirectly, whether
or not for personal, financial or other gain.
Sec. 5. The International Film Foundation, Inc., a
non-stock corporation adhering to the policy declared herein, is hereby
affiliated to the Cultural Center of the Philippines to assist the
Filipino Motion Picture Development Board in implementing activities
and operational undertakings related to the financial growth and
stability of the motion picture industry, such as but not limited to:
1.
the establishment, organization, operation and maintenance of
international film festivals, markets, exhibitions and other similar
activities, provide subsidies for deserving films invited to
competition in International Film Festivals, for the purpose of having
an effective and efficient mechanism which will enhance and promote
constructive competition, trade and commercial relations, and goodwill
in the motion picture industry, and also to foster closer relations
between the Philippines and other countries.
2. the
construction and maintenance of buildings and establishments such as
theaters, screening rooms, archives and other similar facilities.
3. the
importation of raw stocks and materials for the production of good
quality motion pictures, particularly where such importation will
result in the lowering of production costs and other economic as well
as financial gains or advantages and at the same time in improving the
quality of the motion pictures produced in the country; and
4. the
undertaking of motion picture production ventures or projects of film
makers or producers who are citizens of the Philippines, or of business
firms, engaged in film-making which are wholly owned by Filipino
citizens, through financial participation or investment in such
ventures or projects, and by extending special services to such persons
and films, such as research and consultancy, which are related to this
specific function and area of responsibility.
Sec. 6. In furtherance of the objectives of this
Order, the Cultural Center of the Philippines is hereby empowered and
authorized to establish, construct, administer and maintain within the
Cultural Center Complex, a Film Center and all buildings and facilities
appurtenant thereto, to service the requirements of the motion picture
industry. Any savings from any general or special appropriation or
infrastructure act when approved by the President may be appropriated
and expended for the purposes of this Executive Order.
Sec. 7. The amount of ONE MILLION PESOS
(P1,000,000.00) is hereby appropriated out of the unappropriated
portion of the General Fund for the operations of the Filipino Motion
Picture Development Board through the Cultural Center of the
Philippines, and thereafter they shall have an annual budgetary
appropriation of TEN MILLION PESOS (P10,000,000.00) subject to
applicable laws, rules and regulations.
DONE in the City of Manila this
5th day of January in the year of Our Lord, nineteen hundred and
eighty-one.
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Since 19.07.98.