Law Summary
Composition, Qualifications, and Terms of Board Members
- Composed of a Chairman, Vice-Chairman, and 30 members appointed by the President.
- Members serve one-year terms with eligibility for reappointment.
- Qualifications include natural-born citizenship, minimum age of 21, good moral character.
- At least 5 members must be lawyers; at least 15 from the movie and television industry.
- Members receive allowances up to P5,000 per month.
Powers and Functions of the Board
- Promulgate rules and regulations for implementation.
- Screen, review, examine all motion pictures, TV programs, advertisements.
- Approve, disapprove, censor, or prohibit objectionable materials based on Filipino cultural values and legal standards.
- Regulate permits for importation, exportation, production, distribution, sale, exhibition, and broadcast.
- Classify content into categories (e.g., G, P, R, X).
- Close establishments violating provisions.
- Levy and collect fees for review and issuance of licenses and permits.
- Deputize government and industry representatives for enforcement.
- Prosecute violators on behalf of the State.
- Prescribe internal procedures and delegate authority to sub-committees.
Decision-Making and Review Procedures
- The Board must decide on materials within 10 days of application.
- Sub-committees of Board members conduct reviews; majority needed for disapproval.
- Motion for reconsideration allows second review by a larger sub-committee within 5 days.
- Final decisions, except total disapproval, are binding.
- Appeals regarding total disapproval go to the President, assisted by an Appeals Committee.
Administrative Structure and Executive Officers
- Chairman acts as Chief Executive Officer, implementing Board decisions.
- Assisted by an Executive Director appointed by the President for a one-year term.
- The Chairman and Executive Director have fixed annual salaries.
Examination and Review Protocols
- Screening sessions limited to Board members, authorized persons, and representatives of distributors/producers and exhibitors.
- Producers must submit sworn declarations of print quantities prior to review.
Unauthorized Exhibitions and False Approvals
- Illegal to exhibit or broadcast unapproved or unauthorized motion pictures or TV programs.
- Misrepresentation of Board approval or unauthorized labeling on films prohibited.
- Exceptions include government-produced material and newsreels.
Posting and Display Requirements
- Certificates or labels of approval must be posted at entrances of theaters.
- Advertisements must state the classification rating.
Admission Restrictions
- Persons under 18 prohibited from entering "Restricted" or "For Adults Only" classifications.
- Employees cannot sell tickets to minors for such shows.
- Proof of age may be required.
Definitions of Key Terms
- Motion Picture includes all types of film or recorded moving images.
- Television Broadcast includes public and cable transmissions.
- General and Non-Theatrical Distribution covers public and special group showings without admission fees.
- Theatrical Distribution includes commercial exhibition with admission fees.
- Adult is a person aged 18 or older.
- Review Session denotes the Board’s examination procedure.
Penalties for Violations
- Violators face imprisonment from 3 months and 1 day to 1 year and fines ranging from P50,000 to P100,000.
- Penalties apply to principals, accomplices, and accessories.
- Aliens subject to immediate deportation.
- License revocation for establishments involved.
- Corporate officers responsible may be penalized.
- Probation law exemptions for violations.
Procedure for Banning Materials
- Banned motion pictures or programs must be returned abroad within 30 days.
- Customs duties and taxes paid shall be refunded by government offices.
- Board's decision serves as authority for refunds.
Powers of Inspection and Enforcement
- Board or authorized representatives may inspect public exhibitions.
- Can seize tampered or unapproved materials.
- Responsible persons may be prosecuted.
- Seized items disposed of according to law.
Exemption for Manila Film Center
- Films produced/imported by Manila Film Center management exempt from Board jurisdiction if exhibited only there.
- Review required if distributed elsewhere.
Abolition of Previous Board and Transfer
- The former Board of Review for Motion Pictures and Television abolished.
- Powers, functions, assets, and personnel transferred to the new Board.
- Personnel separated unless reappointed; severance and retirement benefits stipulated.
- Hold-over by incumbent members until new appointments.
Organizational Structure and Personnel
- Board determines its organizational setup and staffing.
- Has authority to suspend, dismiss, approve appointments, transfers.
- Secretary of the Board shall be the custodian of records.
Civil Service Applicability
- Board personnel subject to Civil Service rules.
- Technical personnel selected based on merit and fitness per Board guidelines.
Audit and Financial Oversight
- Commission on Audit Chairman serves as ex officio auditor or appoints representative.
- Salaries and expenses borne by the Board.
- Auditor must submit annual and special reports.
Annual Reporting
- Board submits annual report to the President within three months after fiscal year end.
- Report includes accomplishments, plans, and recommendations.
Sinking Fund Establishment
- Sinking Fund consists of fees collected by the Board.
- Fund used exclusively for Board’s operational and administrative expenses.
Assistance from Government Agencies
- Board may request assistance and deputize government units or personnel.
- Deputized entities are under Board control regarding enforcement functions.
Repealing Clause
- Inconsistent laws, decrees, orders, and regulations are repealed or amended accordingly.
Separability Clause
- If any provision is declared invalid, remaining provisions stay effective.
Effectivity
- Decree takes effect 15 days after publication.