| IMPLEMENTING RULES AND REGULATIONS |
Chapter XIII
VIOLATIONS AND ADMINISTRATIVE SANCTIONS
SECTION 1. VIOLATIONS AND ADMINISTRATIVE SANCTIONS . – Without prejudice to the immediate filing of the appropriate criminal action and the immediate seizure of the pertinent articles pursuant to Section 13, any violation of PD 1986 and its Implementing Rules and Regulations governing motion pictures, television programs, and related promotional materials shall be penalized with suspension or cancellation of permits and/or licenses issued by the Board and/or with the imposition of fines and other administrative penalty/penalties. The Board recognizes the existing Table of Administrative Penalties attached without prejudice to the power of the Board to amend it when the need arises. In the meantime, the existing revised Table of Administrative Penalties shall be enforced.
SECTION 2. . HEARING AND ADJUDICATION. Any administrative complaint for violation of PD 1986 and its Implementing Rules and Regulations shall initially be heard by the Chairman. If the alleged violator admits the violation, the Chairman shall impose the appropriate penalty. If the violator does not admit the alleged violation, then the Chairman shall refer the case to the Hearing and Adjudication Committee composed of at least THREE (3) Board Members designated by the Chairman at least one (1) of whom shall be a member of the Philippine Bar.
SECTION 3. PREVENTIVE SUSPENSION ORDER. Any time during the pendency of the case, and in order to prevent or stop further violations or for the interest and welfare of the public, the Chairman of the Board may issue a Preventive Suspension Order mandating the preventive seizure of offending motion pictures and related publicity materials and/or suspension of the permit/permits involved, and/or closure of the erring movie house, television network, cable TV station and other related establishments or the temporary/preventive dismantling or tearing down of public signs and billboards provided that the temporary/preventive order thus issued shall have a life of not more than twenty (20) days from the date of issuance.
SECTION 4. HEARING RULES BEFORE THE BOARD. In hearings before the Board, appropriate flexibility and liberality shall be observed while strict technical rules of procedure shall be shunned although the Rules of Court and/or the Administrative Code may have suppletory application.
SECTION 5. DECISIONS OF THE BOARD. The Board shall decide the case within thirty (30) days following the last submission that it may require or the expiration of the period given and such decision shall be in writing and shall present its basis clearly and distinctly.
SECTION 6. FINALITY OF DECISION OF THE BOARD. Decisions of the Board (including that of the Chairman and the Hearing and Adjudication Committee) shall become final and executory after the lapse of the period for appeal without any appeal having been perfected.
Chapter XIV
OTHER PROVISIONS
SECTION 1. SINKING FUND. – To effectively discharge its duties, the BOARD shall administer at all times the Sinking Fund established under Section 20 of PD No. 1986, which fund consists of the fees and charges it levies, assesses and collects and which the BOARD shall exclusively use for the BOARD’s operations/administration and acquisition of facilities, supplies and equipment it needs.
SECTION 2. REPEAL. – Any prior rule, regulation, circular, or order that is inconsistent with the above provisions shall be deemed amended, modified, or repealed.
SECTION 3. EFFECTIVITY. – These Rules and Regulations of the BOARD shall become effective FIFTEEN (15) DAYS after publication in TWO (2) NEWSPAPERS of general circulation in the Philippines.
Approved by the Movie and Television Review and Classification Board on ______________.
Certified by :
EDITHA G. DEMETRIA
Executive Director
Noted by :
MA. CONSOLIZA P. LAGUARDIA
Chairman
| IMPLEMENTING RULES AND REGULATIONS |
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Chapter 1