Law Summary
Composition and Term of the Board
- Composed of a Chairman, Vice-Chairman, and eighteen members appointed by the President for one-year terms, eligible for reappointment.
- Members must be natural-born Filipino citizens, at least 21 years old, and of good moral character.
- At least five members must be members of the Philippine Bar.
- Board members receive transportation, representation, and other allowances not exceeding P5,000 per month.
Powers and Functions of the Board
- Supervises and regulates permits related to videograms’ lifecycle and commercial handling.
- Approves, disapproves, deletes objectionable content using contemporary Filipino cultural standards.
- Defines categories for videograms (e.g., General Patronage, For Adults Only).
- Authority to close establishments showing prohibited content.
- Levies, assesses, collects, and adjusts fees related to licensing, permits, and examinations.
- Reviews videograms and related publicity materials for classification.
- Can deputize government and industry representatives to enforce compliance.
- Prosecuting authority for violations on behalf of the people.
- Promulgates necessary rules and regulations with 15 days post-publication effectivity.
- Prescribes internal operating procedures and may create sub-committees.
- Performs additional powers necessary for its mission as directed by the President.
Executive Officer Duties
- Chairman acts as Chief Executive Officer responsible for enforcement and administration.
- Oversees Board operations, personnel appointments, and internal organization.
- Assisted by an Executive Director appointed by the President for a one-year term.
- Salaries fixed by the decree: Chairman (P72,000/year), Executive Director (P60,000/year).
Registration and Permits
- No person may engage in videogram activities (import, export, production, sale, lease, etc.) without registration and permits from the Board.
- Registration is prerequisite for obtaining business permits or licenses from other authorities.
Reproduction Restrictions
- Copying or reproduction of cinematographic art prohibited without written consent of rights holders.
- No reproduction allowed within six months of first theatrical release unless consent is given for a shorter period.
Sale, Lease, and Disposition Regulations
- Sale, lease, or disposition of any videogram requires prior registration with the Board and display of registration identification/seal.
Penalties
- Violations of key provisions (Sections 3, 6, 7, 8, 10) subject offenders to imprisonment from three months and one day to one year and fines from P50,000 to P100,000.
- Corporate officers responsible for violations are personally liable.
- Probation Law provisions do not apply to offenses under this decree.
Taxation on Videograms
- Provinces collect a 30% tax on purchase price or rental rate of videograms.
- Tax proceeds split 50/50 between the province and the municipality; in Metropolitan Manila, shared equally with the Metropolitan Manila Commission.
- Tax payable within first 20 days of the following month; late payments subject to surcharges, interest, and penalties.
- Willful neglect or fraudulent returns subject to an additional 50% surcharge.
- Cities may also levy similar taxes.
Enforcement Assistance
- Board may deputize government agencies or units for enforcement under Board control.
Organization and Personnel
- Board determines organizational and staffing structure.
- Authority to suspend, dismiss or approve appointments and transfers of personnel.
- Secretary of the Board appointed to safeguard meeting records and perform other duties.
Civil Service Compliance
- Board personnel subject to Civil Service Law, except technical staff who must be selected based on merit and fitness.
Auditor and Financial Oversight
- Chairman of Commission on Audit serves as ex officio auditor or appoints a representative.
- Auditor submits annual and special reports to the Board.
- Board responsible for auditor’s salaries and expenses.
Transitional Registration Period
- Existing videogram establishments have 45 days from effectivity to register and permit with the Board.
- All inventories must be registered before sale or lease.
- Possession of unregistered videograms is prima facie evidence of violation.
Funding and Appropriations
- Initial P3 million appropriated from National Treasury for Board organization and operations.
- Subsequent funding through annual General Appropriations Act.
- Board revenues augment budget for operational expenses.
Reporting Requirements
- Board to submit annual performance and operational reports to the President within three months after each fiscal year.
Legal Provisions for Invalidity and Repeals
- If any provision invalidated, others remain effective (separability clause).
- Repeals or modifies conflicting laws, decrees, and regulations.
Effectivity
- Decree takes effect 15 days after publication in the Official Gazette.