Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1987)
The main purpose of Presidential Decree No. 1987 is to create the Videogram Regulatory Board (BOARD) to regulate the importation, exportation, production, reproduction, distribution, exhibition, showing, sale, lease or disposition of videograms to protect the movie industry, generate government revenue, and uphold moral and cultural values.
The term 'videograms' includes videotapes, discs, cassettes, or any technical improvement or variation thereof.
The BOARD is composed of a Chairman, a Vice-Chairman, and eighteen members appointed by the President for one-year terms. Members must be natural-born Filipinos, at least 21 years old, of good moral character, with multi-sectoral expertise in the videogram industry, and at least five members must be lawyers (members of the Philippine Bar).
The BOARD has the power to supervise, regulate, grant, deny or cancel permits related to videograms, approve or prohibit objectionable videograms, classify videograms, close establishments violating the law, levy and collect fees, deputize representatives, cause prosecution of violators, promulgate rules, and perform other related functions.
The BOARD prohibits videograms that are immoral, indecent, libelous, contrary to law or good customs, injurious to the prestige of the Philippines, those encouraging subversion, rebellion, hatred, crime, excessive violence, hardcore pornography, drug abuse, or those committing contempt of court.
Violators face mandatory imprisonment of 3 months and 1 day to 1 year and a fine between Fifty Thousand Pesos (P50,000) to One Hundred Thousand Pesos (P100,000). In case of juridical persons, responsible officers are penalized similarly, and probation law provisions do not apply.
Persons, natural or juridical, must first register with and obtain a permit from the BOARD before engaging in any videogram business activity. Registration and permit are prerequisites for securing local business permits.
No registered person in the videogram industry may copy or reproduce any cinematographic art without written consent from the producer, importer, or licensee, and reproduction is prohibited within six months of its theatrical release unless agreed otherwise.
A tax of 30% of the purchase price or rental rate is imposed. Fifty percent of the tax goes to the province, and the other fifty percent goes to the municipality where collected. In Metro Manila, the tax is shared equally between the city/municipality and the Metropolitan Manila Commission.
The Chairman is the Chief Executive Officer responsible for executing and enforcing BOARD decisions and rules, supervising operations, establishing the internal organization, recommending administrative appointments, and performing other powers and functions not exclusively lodged in the BOARD.
The Executive Director, appointed by the President, assists the Chairman, holds office for one year unless removed earlier, and carries out duties to support the Chairman and BOARD operations.
Videogram establishments that fail to register within 45 days are considered to be in violation of the law, and possession of unregistered videograms is prima facie evidence of such violation, whether for private or public exhibition.
Yes, the BOARD can deputize heads or personnel of other government agencies and units for enforcement functions, and these agencies shall be subject to the direction and control of the BOARD in those functions.
Yes, BOARD officers and employees are subject to the Civil Service Law, rules, and regulations, but technical personnel are selected based on merit and fitness as approved by the BOARD.
The annual report, submitted to the President within three months after each fiscal year, details the BOARD's accomplishments, plans, and recommendations to improve its operations and regulation of the videogram industry.