Title
Development of Philippine Book Publishing Industry
Law
Republic Act No. 8047
Decision Date
Jun 7, 1995
A Philippine law enacted in 1995 aims to promote the growth of the book publishing industry by recognizing its importance in national development and implementing measures to ensure the availability of affordable books, protect intellectual property rights, and encourage the use of recycled materials in book production.

Questions (Republic Act No. 8047)

It is the State’s policy to promote the continuing development of the book publishing industry with active private sector participation, to ensure an adequate supply of affordable, quality-produced books for both domestic use and export, through a National Book Policy and National Book Development Plan.

As defined by UNESCO: a printed non-periodical publication of at least 48 pages (exclusive of cover pages), published in the country, and made available to the public.

A book that is an exposition of generally accepted principles in one subject, intended primarily as a basis for instruction in a classroom or pupil-book-teacher situation.

They include: creating conditions for development/production/distribution (including state-of-the-art technology); priority status; adequate, affordable, accessible supply of books; promoting readership (young and neo-literates), literary habits, book fairs/exhibits, and libraries/reading centers especially in rural areas; promoting indigenous authorship and translations; promoting translation/publication of scientific/technical books and classic works; effective distribution domestically and internationally (postal/transport); developing publishing personnel skills through training/courses; respecting and enforcing intellectual property rights/copyright; committing to free flow of information (UNESCO/Florence Agreement); and using recycled/waste paper and inexpensive local materials where appropriate.

The plan formulation must involve: data collection/tabulation on book production (paper, supply/consumption, equipment/machinery, distribution networks); a survey on manpower/skills (authors, editors, designers/illustrators, marketing, printers); surveys of existing legislation affecting the industry (national/international); surveys of training capability and reading habits/attitudes; and consultations with all segments of the book industry based on the results of the surveys.

A human resource development program; guidelines for ethical practices in the book trade; measures to achieve balanced attention and bridge communication gaps; provisions for strong/effective book development mechanisms; provisions for producing books (and other periodicals such as selected comics) as instructional/teaching material for different reader categories (including pre-school, schoolchildren, school drop-outs, neo-literates, handicapped, professionals, general readers, ethnic groups); and measures addressing industry needs/problems indicated in the surveys.

Persons and enterprises engaged in book publishing and its related activities must register with the Board.

It has 11 members appointed by the President: 5 government representatives (from specified agencies and nominees from CHED/TESDA via academe and training institutions) and 6 representatives from private sector nominees (publishers, printers, writers, related activities, students, private education sector, preferably representing the three main islands). Members are nominated by nationwide organizations incorporated with the SEC with membership across cities/provinces when feasible.

Board members and the Executive Officer/Deputy Executive Officer must be Philippine citizens, at least 30 years old, and of established competence and integrity.

Members serve for 3 years, but no one may serve more than two consecutive terms. For initial private-sector appointees, first two serve 3 years, second two serve 2 years, and third two serve 1 year (staggered terms).

Examples: (1) formulate plans/programs and operational policies plus incentives schemes for authors/writers; (2) ensure editors/compilers/authors are paid justly and promptly their royalties; (3) conduct or contract research/monitor and compile data on book production; (4) provide forums/liaison with the industry; (5) promulgate rules and regulations for implementing most provisions (except incentives under Section 9 handled by appropriate agencies).

The Secretariat under an Executive Officer handles day-to-day operations. The Executive Officer executes/administers Board-approved policies, directs operations, submits reports and budgets, represents the Board in transactions, appoints personnel below Deputy Executive Officer subject to Board confirmation, delegates authority in writing, and performs other assigned duties. The Deputy Executive Officer assists and acts as Executive Officer during absence/sickness/temporary disability.

DECS must consult the Board in prescribing guidelines/specifications for books required by public elementary and secondary schools; DECS confines itself to preparing minimum learning competencies/prototypes and specifications; testing/evaluating/selecting/approving manuscripts/books for multiple adoption; providing assistance in textbook distribution; and promulgating rules with Board participation for private publishers regarding call/testing/evaluation/selection/approval and production specifications/acquisition of public school textbooks.

DECS must phase out elementary and secondary textbook publication and distribution functions within not more than 3 years from the Act’s effectivity, supporting the shift to private sector publishers; the Board monitors and evaluates annually the progress of the shift.

Guided by DECS minimum/desired learning competencies and other specs, publishers develop and submit syllabi/prototypes and manuscripts/books for DECS testing, evaluation, and selection/approval. After approval, publishers produce and supply textbooks as ordered by DECS.

They are entitled to applicable fiscal and non-fiscal incentives under E.O. No. 226 (Omnibus Investments Code), subject to BOI qualifications/requirements; book development activities must always be included in the IPP.

For duty-free/tax-free importation of books/raw materials, the Board and its authorized representatives must strictly monitor quality/volume, distribution, and utilization; the Board recommends violations to prosecuting agencies. Additionally, books/magazines/periodicals/newspapers (including book publishing/printing and distribution/circulation) are exempt from coverage of the expanded VAT law.

A fine not exceeding ₱100,000 and/or imprisonment not exceeding 5 years at the court’s discretion; if committed by a juridical entity, fine not exceeding ₱500,000 and responsible officials may be fined up to ₱700,000. Forfeiture of all benefits granted under the Act applies. The SEC may impose administrative sanctions as provided.


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