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PRESIDENTIAL DECREE No. 1986
CREATING THE MOVIE AND TELEVISION REVIEW
AND CLASSIFICATION BOARD
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;
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;
WHEREAS, there is an urgent need to rationalize
the movie and television industry vis-a-vis the body regulating
and supervising its operations;
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;
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;
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;
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:
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.
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.
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:
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;
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;
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:
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;
ii) Those which tend to undermine the faith
and confidence of the people in their government and/or the
duly constituted authorities;lawphil.net
iii) Those which glorify criminals or condone
crimes;
iv) Those which serve no other purpose but
to satisfy the market for violence or pornography;
v) Those which tend to abet the traffic in
and use of prohibited drugs;
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;
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;
d) 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;
e) To close movie houses 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;
f) 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 thelicensess
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;lawphil.net
g) 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;
h) 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;
i) 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
j) 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.
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 movie houses 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.
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:
a) Execute, implement and enforce the decisions,
orders, awards, rules and regulations issued by the BOARD;
b) Direct and supervise the operations and
the internal affairs of the BOARD;
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.
Section 7. Unauthorized
showing or exhibition. - It shall be unlawful for any
person or entity to exhibit or cause to be exhibited in any
movie house, 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 movie house 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 movie house 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:
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.
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 -
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.
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 movie house,
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.
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.
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 movie houses, 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.
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.
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.
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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