Title
Reorganizing Motion Picture Review Board
Law
Executive Order No. 876-a
Decision Date
Aug 5, 1983
Executive Order No. 876-A reorganizes the Board of Review for Motion Pictures and Television in the Philippines, granting them the power to approve or disapprove motion pictures, classify films, impose age restrictions, and levy fees, with the President having the final say on appeals.

Questions (EXECUTIVE ORDER NO. 876-A)

It is an office created by the President under Executive Order No. 876-A, known as the Board of Review for Motion Pictures and Television (the BOARD), with its principal office in Metro Manila, and placed under the Office of the President of the Philippines.

The BOARD is composed of a Chairman, two (2) Vice-Chairmen, and thirty-two (32) members, all appointed by the President of the Philippines.

Their normal term is four (4) years unless sooner removed by the President for cause; they are eligible for re-appointment. Initial appointees have staggered terms (one Vice-Chairman for 2 years; the other for 4 years; eight members for 1 year; eight for 2 years; eight for 3 years; eight for 4 years). Successors thereafter serve four (4) years. Appointees to fill vacancies serve only the unexpired portion.

A member must be a natural-born citizen, at least thirty (30) years old, of good moral character and standing in the community, and not directly or indirectly engaged in or connected with the motion picture, television, or similar industry.

The BOARD promulgates implementing rules; screens/reviews all motion pictures and publicity materials (e.g., advertisements, trailers, stills) for theatrical and non-theatrical distribution, television broadcast, general viewing; approves/disapproves and may delete objectionable portions or prohibit importation/exportation/production/copying/distribution/sale/lease/exhibition and/or broadcast of subject materials.

Content deemed objectionable as immoral, indecent, contrary to law and/or good customs, injurious to the prestige of the Republic or its people, or with dangerous tendency to encourage violence or wrong/crime includes (among others) inciting subversion/insurrection/rebellion, undermining faith in government, glorifying criminals/condoning crimes, satisfying market for violence/pornography, offending any race or religion, and abetting drug trafficking. The BOARD applies contemporary Filipino cultural values as standard.

Deletions or cuts must not be made on the master negative. The master negative must be deposited with the Film Archives of the Experimental Cinema of the Philippines and released for export only upon showing of the proper export permit, and only after the film owner executes a sworn undertaking that the master negative will be exclusively used for export and not for local viewing.

It classifies motion pictures, television programs, and similar shows into categories such as “For General Patronage,” “For Adults Only,” or other categories as the BOARD determines for the public interest.

The decision must be rendered within ten (10) days counted from the date of receipt by the BOARD of the application and the materials for examination/review.

A written motion for reconsideration may be filed after receipt of the written decision of the sub-committee. The Chairman designates a majority of the BOARD for a second review session; the decision is rendered within five (5) days from receipt of the motion for reconsideration. The second decision is final, except for cases disapproving/prohibiting the entire motion picture, which is appealable to the President.

No. Films intended for exhibition shall not be disapproved on the reason of topic/theme/subject matter alone; disapproval must consider the merits of each picture considered in its entirety. Decisions disapproving must be in writing and state reasons/grounds.

If declared unfit for exhibition in the Philippines, the importer/distributor must return it outside the Philippines within thirty (30) days from receipt of the decision. Customs duties and internal revenue taxes paid are automatically refunded. The BOARD’s decision serves as sufficient authority to refund through the Commissioner of Internal Revenue and Collector of Customs.

It is unlawful to exhibit or cause exhibition of any motion picture (including trailers/stills/lobby displays) in the Philippines or by television unless duly passed by the BOARD; and unlawful to print on a film any label/notice claiming it was officially passed when not authorized. Exception: motion pictures imprinted/exhibited by the Philippine Government and/or its departments/agencies, and newsreels.

It is unlawful for persons below eighteen (18) to enter or to gain admission to “For Adults Only” exhibitions using misrepresentation/false evidence of age. It is also unlawful for theater employees to sell or receive admission tickets to such minors, and if age is doubtful the applicant must show a residence certificate or other proof of age.

Violation of Section 7 is punishable by imprisonment of not less than six months nor more than two years, or a fine of not less than six hundred nor more than two thousand pesos, or both (court discretion). If the offender is an alien, he shall be deported immediately. The movie theater/television license shall also be revoked.

The BOARD (or authorized representatives) may inspect public exhibitions. If it discovers motion pictures/publicity materials tampered to introduce unapproved matter—even if previously approved—it may immediately seize the unapproved matter and cause prosecution of responsible persons.

They are not subject to the BOARD’s jurisdiction/supervision/control if exhibited at the Film Center. However, if they are distributed for general viewing elsewhere in the Philippines, they become subject to review by the BOARD.


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