Movie and Television Review and Classification Board

Board Allowances and Qualifications

Section 2 entitles the Chairman, Vice-Chairman, and other members to transportation, representation and other allowances.
Section 2 caps such allowances at FIVE THOUSAND PESOS (P5,000.00) per month.

Powers, Functions, and Regulatory Control

Section 3 authorizes the Board to promulgate rules and regulations necessary to implement the Decree and accomplish its purposes, including guidelines and standards for production, advertising and titles.
Section 3 provides that rules and regulations take effect after fifteen (15) days following publication in newspapers of general circulation in the Philippines.
Section 3 directs the Board to screen, review and examine all motion pictures, television programs, and publicity materials (advertisements, trailers and stills) for both theatrical and non-theatrical distribution, television broadcast, and general viewing, whether imported or produced in the Philippines and whether for local viewing or export.
Section 3 requires the Board to approve or disapprove, delete objectionable portions, and/or prohibit importation, exportation, production, copying, distribution, sale, lease, exhibition, and/or television broadcast of subject material that the Board judges objectionable under contemporary Filipino cultural values, including material:
- that incites subversion, insurrection, rebellion or sedition, or otherwise threatens economic and/or political stability;
- that undermines the faith and confidence of the people in the government and/or duly constituted authorities;
- that glorifies criminals or condones crimes;
- that serves no other purpose than to satisfy the market for violence or pornography;
- that tends to abet the traffic in and use of prohibited drugs;
- that is libelous or defamatory to any person’s good name and reputation (living or dead);
- that constitutes contempt of court or a quasi-judicial tribunal, or pertains to matters subjudice.
Section 3 prohibits deletions or cuts on the master negative of films and requires that the master negative be deposited with the Film Archives of the Philippines.
Section 3 provides that the master negative is released for export purposes only upon showing of the proper export permit.
Section 3 requires the film owner to execute an undertaking that the master negative will be exclusively used for export and not for local viewing.
Section 3 empowers the Board to supervise, regulate, and grant, deny, or cancel permits for the importation, exportation, production, copying, distribution, sale, lease, exhibition, and/or television broadcast of motion pictures, television programs, and publicity materials.
Section 3 requires the Board’s permit decisions to prevent importation, exportation, production, copying, reproduction, distribution, sale, lease, exhibition, and television broadcast of materials determined objectionable under Section 3(c).
Section 3 requires the Board to classify motion pictures and television programs into categories such as:
- “G” (For General Patronage; all ages admitted),
- “P” (Parental Guidance Suggested),
- “R” (Restricted; for adults only),
- “X” (Not for Public Viewing),
- or other categories determined by the Board for the public interest.
Section 3 empowers the Board to close moviehouses and similar establishments engaged in public exhibition that violate the Decree or Board rules and regulations.
Section 3 authorizes the Board to levy, assess, and collect, and periodically adjust and revise, fees and charges for:
- review and examination work, and
- the issuance of licenses and permits the Board is authorized to grant.
Section 3 authorizes the Board to deputize representatives from government and movie-industry associations to help ensure compliance with laws on importation, exportation, copying, distribution, sale, lease, exhibition, and/or television broadcast of motion pictures, television programs, advertisements, and publicity materials.
Section 3 allows the Board to constitute one or more Regulatory Councils composed of government and industry representatives to implement the Decree.
Section 3 permits the Board to call on law enforcement agencies for assistance in enforcing Board decisions, orders, or awards.
Section 3 authorizes the Board to cause the prosecution, on behalf of the People of the Philippines, of violators of the Decree and pertinent anti-trust, obscenity, censorship, and other laws related to the movie and television industry.
Section 3 authorizes the Board to prescribe internal and operational procedures, including creation and vesting of authority upon sub-committees for review and related work.
Section 3 further grants the Board all other powers and functions necessary or incidental to attain the Decree’s purposes, including duties directed by the President.

Decision Timing, Review Sessions, Appeals

Section 4 requires the Board to render a decision approving or disapproving for exhibition in the Philippines within ten (10) days from the date the Board receives the application and the motion picture/television program/still/other pictorial advertisement submitted for examination and review.
Section 4 requires the Chairman, for each review session, to designate a sub-committee of at least three (3) Board members to do the review.
Section 4 provides that any disapproval or deletion must be approved by a majority of the designated sub-committee members.
Section 4 provides that after receipt of the written sub-committee decision, a written motion for reconsideration may be filed, and the Chairman must designate a sub-committee of five (5) Board members for a second review session.
Section 4 requires the second review session decision to be rendered by a majority of the sub-committee members present and designated.
Section 4 provides that the second review session is presided over by the Chairman, Vice-Chairman, or a member designated by the Chairman.
Section 4 requires the Board’s second review decision to be rendered within five (5) days from the date of receipt of the motion for reconsideration.
Section 4 requires every Board disapproval decision to be in writing and to state the reasons or grounds.
Section 4 prohibits disapproval of films for exhibition in moviehouses, theaters, or on television based solely on topic, theme, or subject matter, requiring evaluation based on the merits of the picture or program considered in its entirety.
Section 4 makes the second review decision final, except when the Board disapproves or prohibits a motion picture or television program in its entirety, which is appealable to the President of the Philippines.
Section 4 requires the President to decide the appeal personally or with assistance from an ad hoc committee or the Appeals Committee created under Section 4.
Section 4 creates an Appeals Committee in the Office of the President composed of a Chairman and four (4) members, appointed by the President, whose recommendations are submitted to the President.
Section 4 provides that the Office of the Presidential Assistance for Legal Affairs serves as the Secretariat of the Appeals Committee.
Section 4 states that the President’s decision on appealed matters is final.

Executive Officer and Internal Administration

Section 5 designates the Chairman as the Chief Executive Officer of the Board.
Section 5 requires the Chief Executive Officer to execute, implement, and enforce Board decisions, orders, awards, rules, and regulations.
Section 5 requires the Chief Executive Officer to direct and supervise the operations and internal affairs of the Board.
Section 5 requires the Chief Executive Officer to establish internal organization and administrative procedures and recommend appointment of necessary administrative and subordinate personnel to the Board.
Section 5 allows the Chief Executive Officer to perform powers and functions not specifically lodged in the Board.
Section 5 provides that the Chief Executive Officer is assisted by an Executive Director appointed by the President.
Section 5 fixes the Executive Director’s term at one (1) year, unless removed earlier by the President for any cause, with eligibility for re-appointment after term expiration.
Section 5 provides that the Chief Executive Officer receives an annual salary of SEVENTY TWO THOUSAND PESOS (P72.000.00), and the Executive Director receives an annual salary of SIXTY THOUSAND PESOS (P60.000.00), unless otherwise provided by law.

Review Procedures and Screening Room Rules

Section 6 bars any person from entering the screening room during examination and review except Board members, persons specifically authorized by the Board, and two representatives each of the distributor and/or producer and exhibitor of the subject motion picture/television program/publicity material.
Section 6 requires that before each review session, the distributor or producer must submit to the Board a sworn statement declaring the exact number of prints made for the picture or material to be examined or reviewed.

Prohibited Unauthorized Showing and Label Use

Section 7 makes it unlawful for any person or entity to exhibit or cause exhibition in any moviehouse, theater, public place, or by television within the Philippines any motion picture, television program, or publicity material (including trailers and stills for lobby displays) that is not duly authorized by the owner or his assignee and passed by the Board.
Section 7 makes it unlawful to print or cause to be printed on any motion picture intended for exhibition in any theater or public place or by television a label or notice showing it has been officially passed by the Board when it has not been previously authorized.
Section 7 provides an exception for motion pictures, television programs, or publicity materials imprinted or exhibited by the Philippine Government and/or its departments and agencies, and newsreels.

Posting Classification Certificates and Advertisements

Section 8 requires motion picture exhibitors to post and/or display the Board’s certificate or label of approval.
Section 8 requires posting/display at conspicuous places near entrances to theaters or places of exhibition.
Section 8 requires exhibitors, in all cinema advertisements, to include announcements stating the classification of the motion picture being exhibited or advertised as provided in Section 3(e).

Age Restrictions for “Restricted/For Adults Only”

Section 9 prohibits any person below eighteen (18) years of age from entering a moviehouse or theater showing a motion picture classified as “Restricted” or “For Adults Only”.
Section 9 prohibits any person below eighteen (18) from misrepresenting or using false evidence of age to gain admission to such restricted exhibitions.
Section 9 prohibits a moviehouse or theater employee from selling to, or receiving from, another person known to be below eighteen (18) any admission ticket for exhibitions of motion pictures classified as “Restricted” or “For Adults Only”.
Section 9 provides that if there is doubt as to the person’s age, the applicant must exhibit a residence certificate or other proof of age.

Defined Terms for Interpretation

Section 10 defines “Motion Picture” as a series of pictures projected in rapid succession to produce an optical effect of a continuous picture, whether black and white or colored, silent or with sound, and includes the material in which the motion picture is contained, preserved, or recorded.
Section 10 defines “Television Broadcast” as public showing by transmitting sound or images by television or similar equipment, including cable television and other limited audience distribution.
Section 10 defines “General Viewing” as making motion pictures available to the general public for viewing through convenient film packs or similar materials sold, leased, or lent in commercial outlets, public lending clubs, and similar organizations.
Section 10 defines “Non-Theatrical Distribution” as:
- public showing of long and short motion pictures using mobile projection equipment not imposing admission fees; or
- showing long or short motion pictures to organizations, societies, clubs, groups, such as films for children, educational, documentary, cultural, scientific, newsreel, industrial, sales, public relations, and instructional films.
Section 10 defines “Theatrical Distribution” as public showing and/or exhibition in any cinema or theater or other place of motion pictures imposing admission fees for entertainment, education, information and advertising.
Section 10 defines “An Adult” as any person eighteen (18) years of age or over.
Section 10 defines “Review Session” as the review and examination of motion pictures, television programs and similar shows, or publicity materials, by the Board.

Criminal Penalties and Administrative Consequences

Section 11 provides that any person who violates the Decree and/or Board implementing rules and regulations is punished upon conviction by a mandatory penalty of three (3) months and one day to one (1) year imprisonment plus a fine of not less than FIFTY THOUSAND PESOS (PHP 50,000) but not more than ONE HUNDRED THOUSAND PESOS (PHP 100,000).
Section 11 applies the penalty whether the violator acted as principal, accomplice, or accessory.
Section 11 requires that if the offender is an alien, the offender be deported immediately.
Section 11 provides that the license to operate the moviehouse, theater, or television station is revoked.
Section 11 provides that if the offense is committed by a juridical person, the chairman, president, secretary, treasurer, or partner responsible shall be the persons penalized.
Section 11 states that Presidential Decree No. 968 (Probation Law), as amended, does not apply to violations of the Decree.

Banning Orders, Return, and Automatic Refunds

Section 12 provides that when the Board declares a motion picture or television program unfit for exhibition in the Philippines, the importer or distributor must return it to the country of origin or any place outside the Philippines within thirty (30) days, counted from receipt of the Board’s banning decision.
Section 12 requires that all customs duties and internal revenue taxes paid on account of the importation to and entry into the Philippines of the banned motion picture or television program are automatically refunded.
Section 12 provides that a copy of the Board’s banning decision must be furnished to the Commissioner of Internal Revenue and to the Collector of Customs of the port of entry.
Section 12 states that the furnished copy constitutes sufficient authority for the Commissioner of Internal Revenue and Collector of Customs to refund the internal revenue taxes and customs duties paid.

Inspection, Seizure, and Prosecution

Section 13 authorizes the Board or duly authorized representatives to inspect all public exhibitions of motion pictures or publicity material in moviehouses, theaters, and other public establishments.
Section 13 authorizes immediate seizure when a previously approved motion picture or publicity material has been tampered to introduce any un-approved matter.
Section 13 requires prosecution of the persons responsible for the violation of the Decree, Presidential Decree No. 49, and/or the Revised Penal Code, as amended.
Section 13 provides that upon conviction, seized materials and other proceeds or instruments of the crime are disposed of in accordance with the Revised Penal Code, as amended.

Manila Film Center Exemption with Review

Section 14 provides that motion pictures imported or produced by the management of the Manila Film Center, whether singly or in joint venture with Filipino or foreign citizens, corporations or groups, are not subject to the Board’s jurisdiction, supervision and control.
Section 14 conditions the exemption on exhibition only at the Film Center.
Section 14 requires Board review and examination when such motion pictures are distributed for general viewing elsewhere in the Philippines.

Abolition of Prior Board and Transition

Section 15 abolishes the Board of Review for Motion Pictures and Television (BRMPT) created under Republic Act No. 3060, as amended.
Section 15 transfers BRMPT powers and functions to the Board, including transfer of corresponding balances of appropriations, records, equipment, properties, and necessary personnel.
Section 15 requires the Board to effect the transfer in a manner that ensures the least disruption of operations.
Section 15 provides that personnel affected by abolition are deemed separated unless re-appointed to appropriate positions in the Board.
Section 15 requires that any affected officer or employee not re-appointed, or who refuses re-appointment, be paid the money value of accumulated vacation and sick leaves and retirement benefits due under existing laws.
Section 15 provides that persons not qualified for retirement benefits receive a fraction of more than six months being considered one whole year, payable in lump sum, based on the highest monthly salary received from the savings and salary lapses in the BRMPT.
Section 15 provides a hold-over rule: the incumbent Chairman, Vice-Chairman, members, and personnel of BRMPT continue performing duties in a hold-over capacity until the new Chairman and at least five (5) members of the Board are appointed and qualified.

Organizational Control, Civil Service, Audit

Section 16 authorizes the Board to determine its organizational structure and staffing patterns.
Section 16 empowers the Board to suspend or dismiss for cause any employee and to approve or disapprove appointment, transfer, or detail of employees.
Section 16 requires the Board to appoint a Secretary who is the official custodian of records of Board meetings and performs other duties directed by the Board.
Section 17 provides that the Board and its officers and employees are subject to the Civil Service Law, rules, and regulations.
Section 17 requires that technical personnel be selected based on merit and fitness as determined under policies and guidelines approved by the Board.
Section 18 provides that the Chairman of the Commission on Audit is the ex officio Auditor of the Board.
Section 18 authorizes the COA Chairman to appoint a representative as auditor and necessary personnel, with the number and salaries determined by the COA Chairman subject to COA rules.
Section 18 provides that salaries and expenses of maintaining the auditor’s office are paid by the Board.
Section 18 requires an annual report be sent to the Board as soon as practicable but not later than three (3) months after accounts are submitted for audit.
Section 18 authorizes periodic or special reports as the Board may deem necessary or proper.

Reporting, Sinking Fund, and Enforcement Assistance

Section 19 requires the Board to submit an annual report to the President within three months after the end of every fiscal year.
Section 19 requires the annual report to include a statement of accomplishments and plans and recommendations to improve and develop Board operations and supervision and regulation of the movie and television industry.
Section 20 establishes a Sinking Fund administered at all times by the Board.
Section 20 provides that the Sinking Fund consists of all fees and charges levied, assessed, and collected by the Board.
Section 20 provides that Sinking Fund resources are at the immediate disposal of the Board and used exclusively for operational and administrative expenses of the Board and for acquisition of necessary faculties, supplies, and equipment.
Section 21 authorizes the Board to solicit direct assistance of other government agencies and units.
Section 21 allows the Board to deputize the heads or personnel of agencies and units for a fixed and limited period to perform enforcement functions for the Board.
Section 21 provides that agencies performing enforcement functions are subject, insofar as such functions are concerned, to the Board’s direction and control.

Repeal, Separability, and Effectivity

Section 22 provides that any provision of law, decree, executive or administrative order, rule, or regulation inconsistent with the Decree is repealed, amended, or modified accordingly.
Section 23 provides that the Decree’s provisions are separable, and invalidity or unconstitutionality of any provision does not affect the other provisions which remain in full force and effect.
Section 24 provides that the Decree takes effect after fifteen (15) days following publication in the Official Gazette and/or in newspapers of general circulation in the Philippines.
The Decree is PRESIDENTIAL DECREE NO. 1986, issued on October 05, 1985, creating the Movie and Television Review and Classification Board.