QuestionsQuestions (POEA MEMORANDUM CIRCULAR NO. 13, S. 1986)
It is an NTC Memorandum Circular. Its primary purpose is to reiterate and ensure strict compliance by all radio stations with Executive Order No. 255 (July 25, 1987) regarding the mandatory playing of original Pilipino musical compositions in radio stations with musical format programs.
Presidential Memorandum Order No. 193 directed the NTC to ensure strict compliance with Executive Order No. 255. NTC Memorandum Circular No. 08-11-2005 was issued pursuant to that presidential directive to implement the compliance requirement.
It imposes a requirement for radio stations to play/broadcast original Pilipino musical compositions as mandated by Section 1 of Executive Order No. 255.
At least four (4) original Pilipino musical compositions must be played/broadcast in every clockhour of a program with musical format.
It implies that the obligation is calculated on an hourly basis and applies to each clockhour during which the station has a program classified as “musical format.”
The Circular mandates compliance for “all radio stations” but specifically ties the mandatory playing requirement to stations with musical format programs. Thus, the four-song-per-clockhour rule is triggered by the station’s musical format programming.
The Circular references Section 1 of Executive Order No. 255. The reference is important because it directs readers to the exact statutory/EO basis for the mandate, helping clarify what “in accordance with Section 1” means.
It signals that prior obligations under Executive Order No. 255 already exist and that the NTC expects compliance without dilution, emphasizing enforcement and regulatory oversight.
It means compliance is required right away upon issuance. Practically, it reduces or removes any grace period and places radio stations under immediate obligation to adjust programming to meet the EO mandate.
Questions include: (1) Does the station’s programming format qualify as “musical format”? (2) Which programs are classified as such? (3) For what portions of the broadcasting schedule does the musical format apply? (4) Whether the station’s content can be shown to satisfy the definition/characterization used in enforcement.
A station could dispute by challenging (1) whether the songs are “original Pilipino musical compositions,” (2) whether the hour/program qualifies as “musical format,” and/or (3) whether the broadcast logs show four qualifying compositions within that clockhour. Factual matters include program schedules, playlist logs/recordings, and classification of songs.
It reflects a hierarchy where the President issues a substantive policy through an Executive Order; then the President directs a specific agency through a Memorandum Order; and finally the agency issues a implementing/clarificatory memorandum circular to operationalize compliance.
It was signed by (SGD.) Ronald Olivar Solis, Commissioner. In administrative law terms, the signature by the authorized head/commissioner supports the validity of the circular as an official agency issuance.
The Circular was adopted on November 9, 2005. The adoption date matters because it may define when the “immediate compliance” obligation started, affecting whether acts before or after that date are considered violations.
The minimum standard is: at least four (4) original Pilipino musical compositions must be played/broadcast in every clockhour of a program with musical format, in accordance with Section 1 of Executive Order No. 255.