Role of the Movie and Television Review and Classification Board (MTRCB)
- MTRCB may file criminal complaints under Section 3(i) of Presidential Decree No. 1986 related to immoral doctrines, obscene publications, and indecent shows.
- Upon filing, the MTRCB is mandated to immediately provide the investigating prosecutor with:
- Copies of all pertinent records, documents, and evidence in its possession.
- The sworn complaint of the responsible MTRCB official detailing the cause of action.
Determining Probable Cause in Obscene Exhibitions and Indecent Shows
- The investigating or inquest prosecutor assesses probable cause based primarily on:
- Sworn complaints of witnesses, including law enforcement personnel.
- Photographs or reproductions of the alleged obscene exhibitions or indecent shows.
- Presentation of photographic or reproduced evidence is not essential if other evidence sufficiently establishes probable cause.
Compliance and Enforcement
- These guidelines are to be strictly complied with by prosecutors.
- Issued and adopted on August 5, 1991, under the authority of the Acting Secretary of the Department of Justice.
Important Legal Concepts
- Probable cause determination requires credible, sworn complaints and evidence.
- Evidence may be documentary, testimonial, or visual but must suffice to justify filing charges.
- Coordination between MTRCB and prosecutors is crucial for effective prosecution.
- These procedural guidelines emphasize fairness, uniformity, and efficiency in handling offenses under Article 201 RPC.