WHEREAS,
the movie and television industry has been beset with manifold and
multifarious problems accented by its nebulous stance towards the Board
of Review for Motion Pictures and Television reorganized under
Executive Order No. 876-A;chanroblesvirtualawlibrary
WHEREAS, the movie and television industry is now on the brink of
economic collapse, that unless remedial measures are undertaken, this
grave emergency facing the industry will be a roadblock to the early
economic recovery program of the government;chanroblesvirtualawlibrary
WHEREAS, there is an urgent need to rationalize the movie and
television industry vis-a-vis the body regulating and supervising its
operations; chanroblesvirtualawlibrary
WHEREAS, a regulatory body must not only function in reviewing and
censoring films or television programs brought before it but must also
initiate the plans and cooperate with the industry to improve, upgrade
and make viable the industry as one source of fueling the national
economy;chanroblesvirtualawlibrary
WHEREAS, the disqualification of persons engaged in or connected with
the movie and television industry from membership in the existing Board
of Review for Motion Pictures and Television has deprived said Board of
innovative and fresh ideas toward the improvement and development of
the film and television industry;chanroblesvirtualawlibrary
WHEREAS, the participation of the leaders of the various sectors of the
industry could be a prelude to self-regulation and policing by the
members themselves once they have demonstrated their maturity,
self-reliance and dependability;chanroblesvirtualawlibrary
WHEREAS, unless the grave emergency confronting the movie and
television industry is remedied with dispatch, it will weaken the
designed chain of the economic measures to achieve an early economic
recovery of the country, not to mention the collapse of the industry
and the loss of livelihood of about 75,000 families and 500,000 workers
dependent on the industry.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree:cralaw:red
Section 1. Creation. — There is hereby created a
Movie and Television Review and Classification Board, hereinafter
referred to as the Board, under the Office of the President of the
Philippines. The BOARD shall have its principal office in Metropolitan
Manila. chanroblesvirtualawlibrary
Section 2. Composition; qualifications; benefits. —
The BOARD shall be composed of a Chairman, a Vice-Chairman and thirty
(30) members, who shall all be appointed by the President of the
Philippines. The Chairman, the Vice-Chairman, and the members of the
BOARD, shall hold office for a term of one (1) year, unless sooner
removed by the President for any cause; Provided, That they shall be
eligible for re-appointment after the expiration of their term. If the
Chairman, or the Vice-Chairman or any member of the BOARD fails to
complete his term, any person appointed to fill the vacancy shall serve
only for the unexpired portion of the term of the BOARD member whom he
succeeds.
No person shall be appointed to the BOARD, unless he is a natural-born
citizen of the Philippines, not less than twenty-one (21) years of age,
and of good moral character and standing in the community; Provided,
That in the selection of the members of the BOARD due consideration
shall be given to such qualifications as would produce a multi-sectoral
combination of expertise in the various areas of motion picture and
television; Provided, further, That at least five (5) members of the
BOARD shall be members of the Philippine Bar. Provided, finally That at
least fifteen (15) members of the BOARD may come from the movie and
television industry to be nominated by legitimate associations
representing the various sectors of said industry. chanroblesvirtualawlibrary
The Chairman, the Vice-Chairman and the other members of the BOARD
shall be entitled to transportation, representation and other
allowances which shall in no case exceed FIVE THOUSAND PESOS
(P5,000.00) per month.
Section 3. Powers and Functions. — The BOARD shall
have the following functions, powers and duties:cralaw:red
a) To promulgate such rules and regulations as are
necessary or proper for the implementation of this Act, and the
accomplishment of its purposes and objectives, including guidelines and
standards for production, advertising and titles. Such rules and
regulations shall take effect after fifteen (15) days following their
publication in newspapers of general circulation in the
Philippines; chanroblesvirtualawlibrary
b) To screen, review and examine all motion pictures
as herein defined, television programs, including publicity materials
such as advertisements, trailers and stills, whether such motion
pictures and publicity materials be for theatrical or non-theatrical
distribution, for television broadcast or for general viewing, imported
or produced in the Philippines, and in the latter case, whether they be
for local viewing or for export;chanroblesvirtualawlibrary
c) To approve or disapprove, delete objectionable
portions from and/or prohibit the importation, exportation, production,
copying, distribution, sale, lease, exhibition and/or television
broadcast of the motion pictures, television programs and publicity
materials subject of the preceding paragraph, which, in the judgment of
the board applying contemporary Filipino cultural values as standard,
are objectionable for being immoral, indecent, contrary to law and/or
good customs, injurious to the prestige of the Republic of the
Philippines or its people, or with a dangerous tendency to encourage
the commission of violence or of wrong or crime, such as but not
limited to:cralaw:red
i) Those which tend to incite subversion,
insurrection, rebellion or sedition against the State, or otherwise
threaten the economic and/or political stability of the State;chanroblesvirtualawlibrary
ii) Those which tend to undermine the faith and
confidence of the people in their government and/or the duly
constituted authorities;chanroblesvirtualawlibrary
iii) Those which glorify criminals or condone crimes;chanroblesvirtualawlibrary
iv) Those which serve no other purpose but to satisfy
the market for violence or pornography;chanroblesvirtualawlibrary
v) Those which tend to abet the traffic in and use of
prohibited drugs;chanroblesvirtualawlibrary
vi) Those which are libelous or defamatory to the
good name and reputation of any person, whether living or dead; and
vii) Those which may constitute contempt of court or
of any quasi-judicial tribunal, or pertain to matter which are
sub-judice in nature.
Provided, however, That deletions or cuts must not be made on the
master negative of the films, and that such master negative shall be
deposited with the Film Archives of the Philippines and shall be
released for export purposes to the film owner only upon showing of the
proper export permit; Provided, finally, That the film owner shall
execute his own undertaking that such master negative shall be
exclusively used for export purposes and not for local showing;chanroblesvirtualawlibrary
To supervise, regulate, and grant, deny or cancel, permits for the
importation, exportation, production, copying, distribution, sale,
lease, exhibition, and/or television broadcast of all motion pictures,
television programs and publicity materials, to the end that no such
pictures, programs and materials as are determined by the BOARD to be
objectionable in accordance with paragraph (c) hereof shall be
imported, exported, produced, copied, reproduced, distributed, sold,
leased, exhibited and/or broadcast by television;chanroblesvirtualawlibrary
e) To classify motion pictures, television programs
and similar shows into categories such as "G" or "For General
Patronage" (all ages admitted), "P" or "Parental Guidance Suggested",
"R" or "Restricted" (for adults only), "X" or "Not for Public Viewing",
or such other categories as the BOARD may determine for the public
interest; chanroblesvirtualawlibrary
f) To close moviehouses and other similar
establishments engaged in the public exhibition of motion pictures and
television programs which violate the provisions of this Act and the
rules and regulations promulgated by the BOARD pursuant hereto;chanroblesvirtualawlibrary
g) To levy, assess and collect, and periodically
adjust and revise the rates of, fees and charges for the work of review
and examination and for the issuance of the licences and permits which
the BOARD is authorized to grant in the exercise of its powers and
functions and in the performance of its duties and
responsibilities; chanroblesvirtualawlibrary
h) To deputize representatives from the government
and from the various associations in the movie industry, whose main
duties shall be to help ensure compliance with all laws relative to the
importation, exportation, copying, distribution, sale, lease,
exhibition and/or television broadcast of motion pictures, television
programs, advertisements and publicity materials. For this purpose, the
BOARD may constitute such Regulatory Council or Councils composed of
representatives from the government and the movie and television
industry as may be appropriate to implement the purposes and objectives
of this Act. The BOARD may also call on any law enforcement agency for
assistance in the implementation and enforcement of its decisions,
orders or awards;chanroblesvirtualawlibrary
i) To cause the prosecution, on behalf of the People
of the Philippines, of violators of this Act, of anti-trust, obscenity,
censorship and other laws pertinent to the movie and television
industry;chanroblesvirtualawlibrary
j) To prescribe the internal and operational
procedures for the exercise of its powers and functions as well as the
performance of its duties and responsibilities, including the creation
and vesting of authority upon sub-committees of the BOARD for the work
of review and other related matters; and chanroblesvirtualawlibrary
k) To exercise such powers and functions as may be
necessary or incidental to the attainment of the purposes and
objectives of this Act, and to perform such other related duties and
responsibilities as may be directed by the President of the Philippines.
Section 4. Decision. — The decision of the BOARD
either approving or disapproving for exhibition in the Philippines a
motion picture, television program, still and other pictorial
advertisement submitted to it for examination and review must be
rendered within a period of ten (10) days which shall be counted from
the date of receipt by the BOARD of an application for the purpose,
together with motion picture, television program, still or other
pictorial advertisement to be reviewed. chanroblesvirtualawlibrary
For each review session, the Chairman of the BOARD shall designate a
sub-committee composed of at least three BOARD members to undertake the
work of review. Any disapproval or deletion must be approved by a
majority of the sub-committee members so designated. After receipt of
the written decision of the sub-committee, a motion for reconsideration
in writing may be made, upon which the Chairman of the BOARD shall
designate a sub-committee of five BOARD members to undertake a second
review session, whose decision on behalf of the BOARD shall be rendered
through a majority of the sub-committee members so designated and
present at the second review session. This second review session shall
be presided over by the Chairman, or Vice-Chairman, or by a member
designated by the Chairman. The decision of the BOARD in the second
review session shall be rendered within five (5) days from the date of
receipt of the motion for reconsideration.
Every decision of the BOARD disapproving a motion picture, television
program or publicity material for exhibition in the Philippines must be
in writing, and shall state the reasons or grounds for such
disapproval. No film or motion picture intended for exhibition at
moviehouses or theaters or on television shall be disapproved by reason
of its topic, theme or subject matter, but upon the merits of each
picture or program considered in its entirety.
The second decision of the BOARD shall be final, with the exception of
a decision disapproving or prohibiting a motion picture or television
program in its entirety which shall be appealable to the President of
the Philippines, who may himself decide the appeal, or be assisted
either by an ad hoc committee he may create or by the Appeals Committee
herein created. chanroblesvirtualawlibrary
An Appeals Committee in the Office of the President of the Philippines
is hereby created composed of a Chairman and four (4) members to be
appointed by the President of the Philippines, which shall submit its
recommendations to the President. The Office of the Presidential
Assistance for Legal Affairs shall serve as the Secretariat of the
Appeals Committee.
The decision of the President of the Philippines on any appealed matter
shall be final.
Section 5. Executive Officer. — The Chairman of the
BOARD shall be the Chief Executive Officer of the BOARD. He shall
exercise the following functions, powers and duties:cralaw:red
a) Execute, implement and enforce the decisions,
orders, awards, rules and regulations issued by the BOARD;chanroblesvirtualawlibrary
b) Direct and supervise the operations and the
internal affairs of the BOARD; chanroblesvirtualawlibrary
c) Establish the internal organization and
administrative procedures of the BOARD, and recommend to the BOARD the
appointment of the necessary administrative and subordinate personnel;
and
d) Exercise such other powers and functions and
perform such duties as are not specifically lodged in the BOARD.
The Chief Executive Officer shall be assisted by an Executive Director
who shall be appointed by the President of the Philippines. The
Executive Director shall hold office for a term of one (1) year, unless
sooner removed by the President of the Philippines for any cause;
Provided, That any appointee shall be eligible for re-appointment after
the expiration of his term.
Unless otherwise provided by law, the Chief Executive Officer shall
receive an annual salary of SEVENTY TWO THOUSAND PESOS (P72,000.00) and
the Executive Director shall receive an annual salary of SIXTY THOUSAND
PESOS (P60,000.00).
Section 6. Examination and Review. — Except members
of the BOARD, persons specifically authorized by the BOARD, and two
representatives each of the distributor and/or producer and exhibiter
of the motion picture, television program or publicity material under
examination and review, no person shall be allowed inside the screening
room during the examination and review of said motion picture,
television program or publicity material. Before each review session,
the distributor or producer shall submit to the BOARD a sworn statement
declaring the exact number of prints made for the picture or material
to be examined or reviewed. chanroblesvirtualawlibrary
Section 7. Unauthorized showing or exhibition. — It
shall be unlawful for any person or entity to exhibit or cause to be
exhibited in any moviehouse, theater or public place or by television
within the Philippines any motion picture, television program or
publicity material, including trailers, and stills for lobby displays
in connection with motion pictures, not duly authorized by the owner or
his assignee and passed by the BOARD; or to print or cause to be
printed on any motion picture to be exhibited in any theater or public
place or by television a label or notice showing the same to have been
officially passed by the BOARD when the same has not been previously
authorized, except motion pictures, television programs or publicity
material imprinted or exhibited by the Philippine Government and/or its
departments and agencies, and newsreels.
Section 8. Posting or Display of Certificate or
Label. — The motion picture exhibitors shall post and/or display the
certificate or label of approval of the motion picture by the BOARD,
and shall post or display, or cause to be posted or displayed, the said
certificate or label at conspicuous places near the entrances to
theaters or places of exhibition, and shall include in all their cinema
advertisements announcements stating the classification, as provided in
Section 3 (e) hereof, of the motion picture being exhibited or
advertised.
Section 9. Admission to Moviehouses or Theaters. — It
shall be unlawful for any person below eighteen years of age to enter,
to misrepresent or make use of any false evidence about his or her age
in order to gain admission into, a moviehouse or theater showing a
motion picture classified as "Restricted" or "For Adults Only" by the
BOARD. It shall be also unlawful for any employee of a moviehouse or
theater to sell to, or receive from, another person known to the former
to be below eighteen years of age any admission ticket to the
exhibition of motion pictures classified as "Restricted" or "For Adults
Only". In case of doubt as to the age of the person seeking admission,
the latter shall be required to exhibit his or her residence
certificate or other proof of age.
Section 10. Definition of Terms. — For purposes of
this Act, the following terms shall mean: chanroblesvirtualawlibrary
1. Motion Picture — A series of pictures projected in
a screen in rapid succession, with objects shown in successive
positions slightly changed so as to produce the optical effect of a
continuous picture in which the objects move, whether the picture be
black and white or colored, silent or with accompanying sound, on
whatever medium and with whatever mechanism or equipment they are
projected, and in whatever material they are preserved or recorded for
instant projection, for the purpose of this Act, the material in which
the motion picture is contained, preserved, or recorded, forms an
integral part of the motion picture subject of this Act.
2. Television Broadcast — Public showing by
transmitting sound or images by television or similar equipment,
including cable television, and other limited audience
distribution. chanroblesvirtualawlibrary
3. General Viewing — Making motion pictures available
to general public for its viewing through convenient film packs or
similar materials sold, leased, or lent in commercial outlets, public
lending clubs, and similar organizations.
4. Non-Theatrical Distribution —chanroblesvirtualawlibrary
a) Public showing of long and short motion pictures
through the use of mobile projection equipment not imposing admission
fee.
b) Showing long or short motion pictures to
organizations, societies, clubs, groups, etc. Such as films for
children, educational, documentary, cultural, scientific, newsreel,
industrial, sales, public relations, and instructional films.
5. Theatrical Distribution — Public showing and/or
exhibition in any cinema or theater or in any other place of motion
pictures imposing admission fees on persons for entertainment,
education, information and advertising. chanroblesvirtualawlibrary
6. An Adult — is any person eighteen (18) years of
age or over.
7. Review Session — shall mean the review and
examination of motion pictures, television programs and similar shows,
or publicity materials, by the BOARD.
Section 11. Penalty. — Any person who violates the
provisions of this Decree and/or the implementing rules and regulations
issued by the BOARD, shall, upon conviction, be punished by a mandatory
penalty of three (3) months and one day to one (1) year imprisonment
plus a fine of not less than fifty thousand pesos but not more than one
hundred thousand pesos. The penalty shall apply whether the person
shall have committed the violation either as principal, accomplice or
accessory. If the offender is an alien, he shall be deported
immediately. The license to operate the moviehouse, theater, or
television station shall also be revoked. Should the offense be
committed by a juridical person, the chairman, the president,
secretary, treasurer, or the partner responsible therefore, shall be
the persons penalized. chanroblesvirtualawlibrary
The provisions of Presidential Decree No. 968, as amended (Probation
Law) shall not apply in cases of violations of this Decree.
Section 12. Banning of Motion Pictures and Television
Programs. — In the event a motion picture or television program, after
examination and review by the BOARD, is declared unfit for exhibition
in the Philippines, the said motion picture or television program shall
be returned by the importer or distributor thereof to the country of
origin or to any other place outside of the Philippines within a period
of thirty days, which shall be counted from the date of receipt by the
importer of distributor of the decision of the BOARD banning the motion
picture or television program for exhibition in the Philippines, and
all customs duties and internal revenue taxes paid by the importer or
distributor on account of the importation to and entry into the
Philippines of the said motion picture or television program shall be
automatically refunded by the government office concerned to the said
importer or distributor. A copy of the decision of the BOARD banning a
motion picture or television program for exhibition in the Philippines
shall be furnished to the Commissioner of Internal Revenue and to the
Collector of Customs of the port of entry of the said motion picture or
television program, and the same shall constitute a sufficient
authority to the Commissioner of Internal Revenue and the Collector of
Customs concerned to refund the internal revenue taxes and customs
duties paid by the importer or distributor on account of the
importation of the banned motion picture or television
program. chanroblesvirtualawlibrary
Section 13. Inspection. — In addition to its powers
vested by law, and for the effective enforcement of the provisions of
this act, the BOARD or its duly authorized representatives shall have
the power to inspect all public exhibitions of any motion picture or
publicity material in moviehouses, theaters and other public
establishments, and in any case, upon discovery of any motion picture
or publicity material which, although previously approved by the BOARD,
has been tampered with to introduce any unapproved matter, to
immediately seize the article containing or incorporating such
unapproved matter and to cause the prosecution of the person(s)
responsible for the violation of this Act, Presidential Decree No. 49
and/or the Revised Penal Code, as amended.
Upon conviction of the violator(s), the materials seized as well as the
other proceeds or instruments of the crime shall be disposed of in
accordance with the Revised Penal Code, as amended.
Section 14. Manila Film Center. — Motion pictures
imported or produced by the management of the Manila Film Center
whether singly or in joint venture with Filipino or foreign citizens,
corporations or groups shall not be subject to the jurisdiction,
supervision and control of the BOARD; Provided, That, such motion
pictures are exhibited or shown only in the Film Center; Provided,
further, That such motion pictures shall be subject to review and
examination by the BOARD in case they are distributed for general
viewing elsewhere in the Philippines. chanroblesvirtualawlibrary
Section 15. Abolition of the Board of Review for
Motion Pictures and Television. — The Board of Review for Motion
Pictures and Television (BRMPT) created under Republic Act No. 3060, as
amended, is hereby abolished, and its powers and functions are hereby
transferred to the BOARD. Such transfer shall include the corresponding
balances of appropriations, records, equipment, properties, and such
personnel as may be necessary; Provided, That the BOARD shall effect
the transfer herein provided in a manner that will ensure the least
disruption of operations. All personnel affected by the abolition shall
be deemed separated from the service, unless re-appointed to
appropriate positions in the BOARD. Any affected officer or employee
not re-appointed, or who refuses his re-appointment, shall be paid the
money value of his accumulated vacation and sick leaves and such
retirement benefits as may be due to him under existing laws. Any
person not qualified for retirement benefits shall be paid a fraction
of more than six months being considered one whole year payable in lump
sum based on the highest monthly salary received from the savings and
salary lapses in the BRMPT. chanroblesvirtualawlibrary
The incumbent Chairman, Vice-Chairman and members, and personnel of the
BRMPT shall continue to perform their duties and functions in a
hold-over capacity, until the new Chairman and at least five members of
the BOARD shall have been appointed and qualified.
Section 16. Organizational Pattern Personnel. — The
BOARD shall determine its organizational structure and its staffing
patterns. It shall have the power to suspend or dismiss for cause any
employee and/or approve or disapprove the appointment, transfer or
detail of employees. It shall appoint the Secretary of the BOARD who
shall be the official custodian of the records of the meetings of the
BOARD and who shall perform such other duties and functions as directly
by the BOARD.
Section 17. Applicability of Civil Service Law. — The
BOARD and its officers and employees shall be subject to the Civil
Service Law, rules and regulations; Provided, That technical personnel
shall be selected on the basis of merit and fitness to be determined in
accordance with such policies and guidelines as may be approved by the
BOARD.
Section 18. Commission on Audit. — The Chairman of
the Commission on Audit shall be the ex officio Auditor of the BOARD.
For this purpose, he may appoint a representative who shall be the
auditor of the BOARD, together with the necessary personnel to assist
said representative in the performance of his duties. The number and
salaries of the auditor and said personnel shall be determined by the
Chairman of the Commission on Audit. Said salaries and all other
expenses of maintaining the auditor's office shall be paid by the
BOARD. chanroblesvirtualawlibrary
The Auditor shall, as soon as practicable, but not later than three (3)
months after the accounts have been submitted to audit, send an annual
report to the BOARD. The Auditor shall also submit such periodic or
special reports as the BOARD may deem necessary or proper.
Section 19. Annual Report. — The BOARD shall, within
three months after the end of every fiscal year, submit its annual
report to the President. The annual report shall include, among others,
a statement of the BOARD's accomplishments together with its plans and
recommendations to improve and develop its operations and the
supervision and regulation of the movie and television industry.
Section 20. Sinking Fund. — Notwithstanding any
provision of law, rule or regulation, executive or administrative order
to the contrary, there is hereby established a Sinking Fund, to be
administered at all times by the BOARD, consisting of all such fees and
charges levied, assessed, and collected by the BOARD which shall be at
immediate disposal of the BOARD to be used exclusively for the
operational and administrative expenses of the BOARD and for the
acquisition of necessary facilities, supplies and equipment.
Section 21. Assistance in the Enforcement Functions
of the BOARD. — The BOARD may solicit the direct assistance of other
agencies and units of the government, and deputize, for a fixed and
limited period, the heads or personnel of such agencies and units to
perform enforcement functions for the BOARD. The government agencies
and units exercising the enforcement functions for the BOARD shall,
insofar as such functions are concerned, be subject to the direction
and control of the BOARD.
Section 22. Repealing Clause. — Any provision, law,
decree, executive or administrative order, rule or regulation
inconsistent with this Decree, is hereby repealed, amended, or modified
accordingly.
Section 23. Separability Clause. — The provisions of
this Decree are hereby deemed separable. If any provision thereof be
declared invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the other provisions which shall
remain in full force and effect.
Section 24. Effectivity. — This Decree shall take
effect after fifteen (15) days following its publication in the
Official Gazette and/or in newspapers of general circulation in the
Philippines.
DONE in the City of Manila,
this 5th day of October, in the year of Our Lord, nineteen hundred and
eighty-five.
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