Legal basis and related authority
- The circular is issued pursuant to Board Resolution No. 18-03-03.
- The circular is issued under the powers and functions of the OMB under Section 10, subsections (a) and (c) of Republic Act No. 9239, covering policy formulation and granting and/or renewal of licenses.
- The circular addresses commercial transactions involving vinyl records through an OMB regulatory adjustment.
Purpose and policy statement
- The circular adopts an aim “not to stifle legitimate business enterprises.”
- The circular promotes “a level playing field” for legitimate businesses.
- The circular seeks to avoid “imposing any unnecessary burden” on the purchasing public.
Coverage of vinyl-record transactions
- The circular covers importation, exportation, manufacture, distribution, sale, rental, and other commercial transactions involving vinyl records (Section 1).
- The circular governs how such transactions relate to OMB registration and licensing requirements.
OMB registration and licensing rule
- Section 1 provides that importation, exportation, manufacture, distribution, sale, rental, and other commercial transactions involving vinyl records shall no longer be subject to the registration and licensing requirements of the Optical Media Board.
- The effect of Section 1 is that OMB registration and licensing controls are removed for vinyl-record commercial transactions.
Interaction with other government requirements
- Section 2 provides that this Memorandum Circular shall be without prejudice to licensing and other legal requirements that may be imposed by law and by other government agencies.
Transitory treatment of pending applications
- Section 3 provides that the circular applies prospectively.
- Section 3 provides that the prospective application is without prejudice to pending applications in the RLD.
- Section 3 fixes the transition point: pending applications in the RLD are handled from date of effectivity of this Memorandum Circular.
Repeal, separability, and validity
- Section 4 provides that all orders, issuances, or part thereof inconsistent with the circular are repealed or modified accordingly.
- Section 5 provides separability: if any provision is declared invalid or unconstitutional, the other provisions remain valid and subsisting.