QuestionsQuestions (Republic Act No. 9167)
RA 9167 declares that, consistent with the constitutional guarantee of freedom of expression, the State shall promote and support the development and growth of the local film industry as a medium for uplifting aesthetic, cultural, and social values, better understanding and appreciation of Filipino identity, and improving the quality of life through film.
RA 9167 creates the Film Development Council of the Philippines (the “Council”) under the Office of the President.
The Film Development Foundation of the Philippines, Inc. (FDFPI) and the Film Rating Board (FRB) created under Executive Order No. 811 are abolished.
Examples include: (1) establishing and implementing a Cinema Evaluation System; (2) developing and implementing an incentive and reward system; (3) organizing and maintaining local and international film festivals/exhibitions; (4) promoting local film industry participation in domestic and foreign markets; (5) enhancing skills and expertise of Filipino talents for quality film production; plus others such as prescribing procedures, appointing staff under Civil Service rules, acquiring property, investing funds to promote film development, ensuring a film archive, and performing other necessary functions.
The Council has a Chairperson and ten (10) members: three (3) regular members and seven (7) ex-officio members. The ex-officio members are: the Secretary of the DTI (or representative); Secretary of Education (or representative); Chairperson of the Film Academy of the Philippines; President of the Cultural Center of the Philippines; Commissioner of the Committee on Cinema of the National Commission for Culture and the Arts; President of the League of City Mayors (or representative); and Chairperson of the Metro Manila Development Authority (or representative).
The President appoints the Chairperson and the regular members. The Chairperson must have proven administrative proficiency, independence, knowledge of the technical and artistic aspects of film production, and full commitment to the promotion and development of Philippine cinema as art.
The Chairperson and the three (3) regular members hold office for three (3) years unless sooner removed by the President. They are eligible for reappointment, but no Chairperson or member may serve more than two (2) consecutive terms. If a vacancy occurs, the appointee serves only the unexpired portion, which is not counted as a term.
The Council meets regularly at least once a month or as often as necessary upon the call of the Chairperson or a majority of the members. Quorum is a majority of the members.
The Chairperson is the Chief Executive Officer and provides overall administrative supervision to ensure effective and efficient implementation of Council policies. The Chairperson is assisted by an Executive Director appointed by the Council upon the recommendation of the Chairperson; the Executive Director is coterminous with the Chairperson unless removed for cause.
The Board consists of a Board Chairperson and thirty (30) members: twenty (20) from the film industry and ten (10) from the arts, academe, business, and other sectors. The President appoints Board members from among forty (40) nominees submitted by the Council.
No Board member may participate in grading a film where the member or any family/relative within the fourth degree of consanguinity or affinity has financial or other interest. The member must disclose fully the nature of the interest at the time of inhibition, including potential conflict and reasons for inhibition.
The criteria include: Direction, Screenplay, Cinematography, Editing, Production Design, Music Scoring, Sound, and Acting Performances. The Board must look for excellence in art and craft in totality and consider scenes in context, manner of presentation, and culture.
Only films whose premiere screening shall be held in the Philippines and which have not had any previous theatrical release, free television broadcast, cable broadcast, or video release in any commercial medium anywhere in the world are qualified. The Board also grades only feature films intended for theatrical/other exhibition charging admission fees, at least eighty (80) minutes in length, and submitted at least seven (7) calendar days before the scheduled playdate.
After application submission, the Board must review/evaluate/grade within five (5) working days, transmit its decision to the Council within twenty-four (24) hours from rendering, and the Council must inform the producer within twenty-four (24) hours upon receipt of the decision.
Films graded ‘A’ or ‘B’ are entitled to an amusement tax incentive equivalent to the amusement tax imposed and collected on the graded films in specified cities/municipalities: 100% for ‘A’ films and 65% for ‘B’ films; the remaining 35% accrues to the Council.