| IMPLEMENTING RULES AND REGULATIONS |
Chapter V
APPLICATION AND ISSUANCE OF PERMITS
SECTION 1. WHO MAY APPLY. – Any natural or juridical person authorized by law may apply for a permit to import, export, produce, copy, distribute, sell, lease, publicly exhibit, or broadcast by television, any motion picture, television program, or related publicity materials, with respect to which use or appropriation he has, by law, the corresponding right.
SECTION 2. – FORM AND REQUIREMENTS OF PERMIT APPLICATION. – The application shall be in writing and in the form prescribed by the BOARD. It shall state, among others, the kind of permit applied for, the applicant’s name, address, and company position, and the title of the film, television program, or publicity/promotional material being submitted. The application shall be made under oath, to be accompanied by the following documents:
A. A sworn statement by the producer or, in the case of imported films, by the importer or distributor declaring the exact number of prints of the motion picture or material produced or imported.
- In the case of locally produced films, a sworn certification by the film studio or laboratory stating the exact number of film prints and corresponding footage that has been processed, and an undertaking not to process further copies without clearance by the BOARD.
- In the case of imported or exported motion pictures and publicity/promotional materials, the documents mentioned in Chapter IX, “Import and Export of Films.”
- Such other documents as the BOARD may from time to time require.
SECTION 3 – APPLICATION FEE – No application for a permit shall be acted upon by the BOARD unless the applicant has fully paid the prescribed application fee.
Those with outstanding obligations with the BOARD shall likewise be made to settle said obligations before the BOARD acts upon the latest application.
SECTION 4. PERIOD FOR REVIEW AND CLASSIFICATION. – Film prints and tapes of television programs shall be submitted to the BOARD for classification on a “first come, first served” basis.
Fees prescribed by the BOARD for films, and for television programs on a per-episode basis, will be charged.
The BOARD must review and classify the motion picture, television program, or promotional/publicity material within a period of TEN (10) DAYS, which shall be counted from the date of receipt by the BOARD of an application for review and classification, together with the complete film prints, the tapes of television programs, or stills and other publicity /promotional materials to be reviewed.
In the case of a Second Review, the BOARD shall render its decision within FIVE (5) DAYS from the date of the receipt of the motion picture, television program, or promotional/publicity material for Reclassification and/or Reconsideration.
However, no special consideration will be made regardless of an applicant’s playdate or date of broadcast. It is the applicant’s duty to meet his deadlines, without prejudice to those who have submitted their respective applications, film prints, and tapes of television programs before him.
SECTION 5. TITLES AND PUBLICITY AND/OR PROMOTIONAL MATERIALS – Promotional and/or publicity materials such as print advertisements, still photos, photo frames, leaflets, posters, and billboards shall be submitted for review during the run of the movie as long as the first batch of material has been approved.
The following shall not be approved as titles :
- Direct representations of, or clear references to, sexual acts, masturbation, excretory functions and the genitalia.
- Those which when maliciously mispronounced for promotional purposes become direct representations of, or clear references to, sexual acts, masturbation, excretory functions, and the genitalia.
- Those which no matter how innocent in a particular Philippine dialect or in any other language are, in the Filipino language, direct representations of, or clear references to, sexual acts, masturbation, excretory functions, and the genitalia.
- Those which are contrary to law, public morals, or any legitimate public interest.
- Those that contain vulgar language.
In the event the title or publicity/promotional material does not meet BOARD approval, the applicant shall undertake to shoulder additional expenses for a reshoot of optical titles or reproduction of publicity/promotional materials.
Changing of titles of old or reissued motion pictures shall not be allowed, except when such titles fall under any of the abovementioned subsections. Old films shall carry their original title in the feature print and in all promotional/publicity materials, with the word “REISSUE” prominently printed in bold letters under the original title.
ALL PRINT AND SIGN ADVERTISEMENTS related to motion pictures and television programs such as advertising copy, still photos for theater lobby or non-theater lobby display, photo frames, leaflets, posters, and billboards shall fall within the standards of a GENERAL AUDIENCE CLASSIFICATION.
All advertising copy, still photos for theater lobby display, photo frames, leaflets, posters and billboards and other promotional materials that do not meet a “G” classification cannot be exhibited in public. Violation of this provision shall be a ground for the withholding or cancellation of the film’s Exhibition Permit and, the imposition of other such penalties as the BOARD may deem appropriate.
Motion pictures on which voluntary deletions have been made shall not be advertised as “UNCUT” in any and all publicity/promotional materials. The BOARD shall not hesitate to impose sanctions on such deceptive advertising.
The BOARD may, from time to time, applying contemporary Filipino cultural values, amend this system of classification and the guidelines hereunder. The BOARD may consider the time slot, purpose and venue of the program in determining the proper rating for it.
SECTION 6. CONSPICUOUS DISPLAY OF EXHIBITION PERMIT AND CLASSIFICATION. - A copy of the Exhibition Permit shall be prominently posted at the ticket booth of all theaters where the motion picture is exhibited. In addition, the BOARD’s classification of the motion picture shall be prominently displayed on a three (3) –foot high standee in the theater lobby. The classification shall likewise be included in all of the film’s print and TV advertisements as soon as the classification is obtained.
SECTION 7. MTRCB SEAL OF APPROVAL. – All still photos, photo frames and posters APPROVED for display in the theater lobby and other public places must bear the MTRCB seal of approval.
SECTION 8. TELEVISION PROGRAMS – The BOARD shall not review/classify television programs on a per-episode basis, but on a sample episode submitted from a particular program’s output for the season. The BOARD may, if circumstances warrant, require the review of all episodes of certain television programs.
In the case of TAPED TELEVISION PROGRAMS, after submitting a sample episode of a television program, the program producer shall be required to set aside a tape of each episode broadcast to be made immediately available to the BOARD for spot-checking.
The tape submitted for spot-checking shall be kept by the BOARD for a period of one month from the date of broadcast. Tapes of programs identified by the BOARD to have consistently violated these Rules and Regulations shall be kept for a period of three months from the date of broadcast.
Programs previously classified for “General Audiences (G)” or “Parental Guidance (PG)” shall be continuously monitored on the basis of the same classification. To avoid sanctions as provided for in Section 11 of PD No. 1986, television program producers shall, in case of any doubt regarding a particular program episode’s classification, voluntarily submit said episode to the BOARD for proper review.
In the case of LIVE TELEVISION PROGRAMS such as noontime variety shows and talk shows, the phrase “PARENTAL GUIDANCE” shall be superimposed onscreen throughout the airing of the program to continuously remind parents to be on the alert because such programs may contain material that they may deem inappropriate for their children. The program producer shall be required to set aside a tape of each episode broadcast, to be made immediately available to the BOARD for spot-checking.
Officers and/or owners of television networks and production companies shall be held responsible for any violation of pertinent laws arising from or by reason of all their television programs.
The BOARD shall not hesitate to impose penalties and fines, cancel permits and licenses, and cause the prosecution of all those found guilty of violating said pertinent laws.
SECTION 9. EXEMPTED FILMS AND TELEVISION PROGRAMS. – No films, television program or publicity/promotional material for such films and TV programs, unless they are imprinted or exhibited by the Philippine Government and/or its departments and agencies, shall be granted exemption from review and classification for audience suitability.
SECTION 10. DELETIONS AND/OR CUTS. – It shall be the responsibility of the applicant to delete scenes, shots or dialogue on his own to arrive at the classification he desires for his material, with such voluntary deletions to be noted down in the Exhibition Permit as a safeguard against illegal insertions. However, if the applicant so desires, the BOARD may suggest deletions in order that the applicant may obtain the classification he desires.
All copies of the voluntary deletions shall be submitted to the BOARD for monitoring purposes.
This provision shall be made to apply not only to films or TV programs/shows but also to the film’s /or TV program’s publicity/promotional materials.
SECTION 11. The Board may require the applicant to submit a copy of the materials reviewed for record purposes.
| IMPLEMENTING RULES AND REGULATIONS |
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Chapter 1