MTRCB Film and TV Classification Rules 1998

Coverage: what must be classified

All motion pictures, television programs, and related publicity materials intended for public exhibition in theaters and television must be subjected to BOARD review for classification before they are exported, imported, copied, distributed, sold, leased, and exhibited.
Classification review applies whether the material is imported or produced in the Philippines, and whether the purpose is local viewing or export for foreign exhibition.
No motion picture, television program, or publicity material intended for such exhibition shall be disapproved based solely on its topic, theme, or subject matter, subject to Section 201 (“Offenses Against Decency and Good Customs”) of the Revised Penal Code.
The BOARD classifies materials based on the substantive standards stated in these rules, including treatment of themes and elements like violence, language, nudity, and drug abuse.

Policy, intent, and classification standard

The BOARD shall apply contemporary Filipino cultural values as the general standard in classifying motion pictures, television programs, and related publicity materials (Section 2(a)).
The classification system assumes parental responsibility and is designed to give parents advance information to decide what children should be allowed to see (Section 2(a)).
The BOARD shall not classify movies or television programs based on quality or lack of quality (Section 2(a)).
Classification shall be based on the treatment of theme, violence, language, nudity, drug abuse, and other similar elements (Section 2(a)).
The BOARD must evaluate the submitted material in its entirety, not in isolated pieces, and base its decision on what is seen or heard on screen, not on what is imagined (Section 2(a)).

Movie ratings and television ratings

Movies must be classified as: GENERAL AUDIENCE (“G”), PARENTAL GUIDANCE-13 (“PG-13”), STRICTLY FOR ADULTS (“R”), and “NOT FOR PUBLIC VIEWING (“X”)” (Section 3(a)).
Under GENERAL AUDIENCE (“G”), all ages are admitted, and the BOARD classifies a movie that contains nothing offensive by parents whose young children would view it; language must not include stronger than common everyday expressions, violence must be at a minimum, there must be no sexually oriented nudity, and any drug use content pushes the material into “PG-13” (Section 3(a) (1)).
Under PARENTAL GUIDANCE-13 (“PG-13”), parents are strongly cautioned: the BOARD classifies movies that go beyond “G” in theme, violence, nudity, sensuality, language, or other content, but do not fit “R”; children below 13 may view only if accompanied by a parent or an adult (Section 3(a) (2)).
Under STRICTLY FOR ADULTS (“R”), no one below 18 may watch; “R” covers adult material, vulgar or profane language, considerable sex and violence, sexually oriented nudity, depiction of aberrational behavior, drug use, or combinations; “R” is not equated to obscenity or pornographic/seditious content, because those are terms for courts to decide (Section 3(a) (3)).
A motion picture classified “R” is automatically disqualified from exhibition on television unless it is made to fit television standards for “G” and “PG” (Section 3(a) (3)).
Under “NOT FOR PUBLIC VIEWING (“X”)”, the BOARD classifies films contrary to law, public order, public safety, or any legitimate public interest; “X” is not used as a determination of obscenity, pornographic content, or seditious content, because those are for courts to decide (Section 3(a) (4)).
A motion picture classified “X” is likewise disqualified from television unless made to fit television “G” or “PG” standards (Section 3(a) (4)).
Before issuing an “X” classification, the BOARD must clearly determine that the work (taken as a whole and within contemporary community standards) meets one of the following conditions:
- it appeals to prurient interest and satisfies only the market for gratuitous sex and/or violence; or
- it depicts ultimate sexual acts (normal or perverted, actual or stimulated), masturbation, exhibition of genitals, and related excretory and sexual conduct in a patently lewd, offensive, or demeaning manner; or
- it lacks serious literary, artistic, political, or scientific value within its context, presentation, intention, and culture (Section 3(a) (4) (i–iii)).
Television materials must be classified only as GENERAL AUDIENCE (“G”) or PARENTAL GUIDANCE (“PG”), and anything that does not conform to “G” or “PG” is DISAPPROVED FOR TELEVISION (Section 4(a) and Section 4(c)).
Under television “PG”, material may contain adult content permissible for children under guidance; sexually oriented nudity is not allowed and graphic violence is not allowed; strong language is allowed only when used in the proper context (Section 4(b)).
For television “PG”, the advisory “PARENTAL GUIDANCE” must be shown immediately before the opening credits and must be superimposed onscreen throughout the program’s showing (Section 4(b)).
Motion pictures rated “PG-13” for theatrical exhibition do not automatically receive a “PG” classification for television (Section 4(b)).

Trailers and publicity classification rules

Trailers and publicity materials for movies and television must strictly be suitable for GENERAL AUDIENCE (“G”) classification (Section 5(a)).
Trailers or publicity materials that do not fall within “G” classification are not approved for exhibition in movie houses or broadcast on television (Section 5(a)).
Publicity materials for review must be submitted together with a synopsis of the film or television program (Section 10(a)).
Titles and publicity materials must still meet GENERAL AUDIENCE (“G”) standards even though applicants are not required to submit titles for prior approval (Section 10(a)).
Certain titles and publicity materials are prohibited, including those that directly represent or clearly reference sexual acts, masturbation, excretory functions, and genitalia, including through intentional mispronunciation for promotional purposes and those that, in Filipino, are direct representations or clear references even if innocent in another dialect (Section 10(a)(a–c)).
Titles and publicity materials contrary to law, public order, public safety, or any legitimate public interest are prohibited (Section 10(a)(d)).
If a title or publicity material does not meet BOARD approval, applicants must bear additional expenses for a reshoot of optical titles and publicity materials (Section 10(a)).
Changing titles of imported, old, or reissued motion pictures is not allowed except when the titles fall under the prohibited categories; old films must carry their original title in the feature print and in advertising/publicity/merchandising materials with the word “REISSUE” prominently printed in bold letters under the original title (Section 10(a)).
Voluntary deletions made in a motion picture cannot be advertised as “uncut”; the BOARD may impose sanctions for deceptive advertising (Section 10(a)).

Permits: who may apply and review deadlines

Any natural or juridical person authorized by law may apply for a permit to import, export, produce, copy, distribute, sell, lease, publicly exhibit, or broadcast by television materials over which the applicant has the corresponding legal rights (Section 6(a)).
Permit applications must be in writing, in the form prescribed by the BOARD, and under oath, and must state the kind of permit, applicant’s name/address/company position, and the title of the material submitted (Section 7(a)).
Permit applications must be accompanied by a sworn statement declaring the exact number of prints produced or imported, where applicable (Section 7(a)(a)).
For locally produced films, applications must include a sworn certification by the film studio or laboratory stating the exact number of film prints and corresponding footage processed and an undertaking not to process further copies without BOARD clearance (Section 7(a)(b)).
For imported or exported motion pictures and publicity materials, the application must include documents mentioned in Chapter VIII (“Import and Export of Films”) (Section 7(a)(c)).
No permit application is acted upon unless the applicant fully pays the prescribed application fee; outstanding obligations with the BOARD must also be settled before action on the latest application (Section 8(a)).
Films and television materials are submitted for classification on a “first come, first served” basis (Section 9(a)).
The BOARD reviews and classifies motion pictures, television programs, and related publicity materials within TEN (10) DAYS, counted from BOARD receipt of the application and complete materials (Section 9(a)).
For a Second Review, the BOARD renders a decision within FIVE (5) DAYS from receipt of the material for reclassification and/or reconsideration (Section 9(a)).
No special consideration is given regardless of the applicant’s playdate or broadcast date; applicants must meet deadlines (Section 9(a)).

Review process: committees, votes, and records

The Chairman designates members of review sub-committees (Section 16(a)).
No Board member may sit on a sub-committee when that Board member has directly participated in the making of the movie or television program (Section 16(a)).
The Sub-Committee on First Review is composed of THREE (3) Board Members who elect their chairman (Section 17(a)).
The Sub-Committee on First Review renders decisions by majority vote of present members within the day of review (Section 17(a)(c)).
The Sub-Committee on First Review must give the director, or the producer and/or representative, a chance to present and defend the material before deciding (Section 17(a)(d)).
The Sub-Committee on First Review gives no special consideration based on impending playdate or broadcast (Section 17(a)(b)).
The applicant may file a Motion for Reclassification and/or Reconsideration within FIVE (5) DAYS from notice of the First Review decision (Section 18(a)).
During the FIVE (5) DAYS period, the applicant may delete scenes, shots, or lines/dialogue on the applicant’s own without suggestions from the sub-committee; voluntary deletions must be noted in the Exhibition Permit as safeguard against illegal insertions (Section 18(a)).
The Sub-Committee on Second Review is composed of FIVE (5) Board Members; one member from the First Review sub-committee may sit as observer/consultant (Section 18(b)).
The Second Review sub-committee is presided over by the Chairman or Vice-Chairman, or a designated Board Member (Section 18(c)).
The Second Review also decides by majority vote within the day of review (Section 18(d)).
The Second Review must give the director or producer/representative a chance to present and defend the material (Section 18(e)).
The Second Review decision prevails over the First Review decision (Section 18(f)).
Second Review decisions are final except where the material is disapproved or prohibited in its entirety; such decisions are appealable to the President of the Philippines (Section 18(g)).
A Second Review decision appeal to the President is decided by the President personally or with an ad hoc committee or the Appeals Committee mandated under PD 1986 (Section 18(g)).
A committee review is terminated only after the committee renders its decision in writing and notifies the applicant (Section 19(a)).
BOARD decisions of both First and Second Review must be in writing; copies must be made available to the applicant upon request, and refusal is prohibited (Section 20(a)).
Disapproval decisions must explain disapproval in terms of intention, context, manner of presentation, and culture (Section 20(a)).
Decisions must not imply or suggest specific deletions/cuts; the director/producer/distributor may re-edit to seek preferred classification, with voluntary deletions required to be noted in the Exhibition Permit to safeguard against illegal insertions (Section 20(a)).
Custody of film prints or tapes during review remains with the applicant or the company represented, regardless of approval or disapproval (Section 21(a)).

Appeals to the President

An applicant may appeal Second Review decisions disapproving a motion picture or television program in its entirety to the President of the Philippines (Section 22(a)).
Appeals must be made within FIFTEEN (15) DAYS from notice of the Second Review decision by filing a notice of appeal with the BOARD and paying the appeal docket fee (Section 23(a)).
After perfection of the appeal, the BOARD sends notice to the Office of the President and facilitates transmission of the film print, television program, and/or records pertinent to the appeal (Section 24(a)).
The President’s decision through the Appeals Committee is final (Section 25(a)).

Exhibition and broadcast permits: display and conditions

Permit holders must use permits only for the purposes stated in the permit, and must preserve the approved integrity of the material in the same condition as approved, guarding against illegal insertions of material previously disapproved or not submitted for review (Section 26(a)).
The BOARD may impose penalties and fines, cancel permits and licenses, and cause prosecution for exhibiting materials and film prints without an Exhibition Permit; tampering with the Exhibition Permit is penalized with penalties and fines (Section 26(a)).
Theater owners/managers and television network/production company owners/managers must ensure compliance by employees under risk of sanctions against the entire company (Section 27(a)).
Television network/production companies must create in-house network regulatory bodies to strictly ensure programs fall into either “G” or “PG” classification (Section 27(b)).
Movie houses must create internal safeguards and immediately report to the BOARD any noticeable insertions/additions patently objectionable under classification guidelines (Section 27(c)).
Movie houses and television organizations must terminate, after due process, and criminally prosecute employees involved in illegal insertions in material up for screening/exhibition (Section 27(d)).
For double features, admission must use the more restrictive classification governing admission (Section 27(e)).
The permit holder must comply with audience-suitability restrictions, including:
- no unaccompanied children below thirteen (13) may be admitted to movie houses and theaters showing “PG-13” films; and
- no minors may be admitted to movie houses and theaters showing “R (STRICTLY FOR ADULTS)” films (Section 27(f)).
An Exhibition Permit for motion pictures intended for theatrical release is valid for five years, without yearly application fees (Section 28(a)).
Motion picture Exhibition Permits cover theatrical release only and do not extend to television airing, which requires materials to fit either “G” or “PG” classification (Section 28(a)).
A television program permit (based on a season sample episode) is valid for three months, and may be revoked at any time upon documented proof of violations of “G” and “PG” classifications (Section 28(b)).
Television permits operate on Pay Before Broadcast (PBB) basis with fees remaining in place because television programs are regularly monitored for spot-checking (Section 28(b)).
A copy of the Exhibition Permit must be prominently posted at the ticket booth of all theaters where the motion picture is exhibited, and the BOARD’s classification must be prominently displayed on a three (3) feet-high standee in the theater lobby (Section 12(a)).
The classification must be announced in all film print advertisements as soon as classification is obtained (Section 12(a)).

Television operational requirements

The BOARD does not review/classify television programs on a per-episode basis; classification is based on a sample episode submitted for the season (Section 13(a)).
For pre-taped television programs, producers must set aside a tape of each episode broadcast, immediately available for BOARD spot-checking; tapes are kept by the BOARD for one month from broadcast date (Section 13(a)(a)).
For pre-taped television programs identified by the BOARD as consistently violating these rules, tapes are kept by the BOARD for three months from broadcast date (Section 13(a)(a)).
Programs already classified as “G” or “PG” are continuously monitored using the same classification; to avoid sanctions, producers must voluntarily submit episodes for review whenever there is doubt about the episode’s classification (Section 13(a)(a)).
For live television talk shows and other live programs, the phrase “PARENTAL GUIDANCE” must be superimposed onscreen throughout to remind parents that content may be inappropriate for children (Section 13(a)(b)).
Officers/owners of television networks and production companies are responsible for breaches/violations arising from or by reason of their telecasts (Section 13(a)(b)).
The BOARD may impose penalties and fines, cancel permits and licenses, and cause prosecution for violations of pertinent laws (Section 13(a)(b)).

No exemptions, plus deletion/cut handling

No film or television program is granted exemption from classification for audience suitability (Section 14(a)).
The BOARD does not dictate specific scenes, shots, or dialogue deletions/cuts to attain a desired classification; the applicant bears responsibility to make voluntary deletions on its own (Section 15(a)).
Voluntary deletions must be noted in the Exhibition Permit to safeguard against illegal insertions (Section 15(a)).
After deletions, the applicant must submit to the BOARD two (2) sets of all deleted footage taken from the positive prints so the BOARD has proof of deletions (Section 15(a)).

Import/export permits and disposition timelines

The BOARD issues a permit required to release imported motion pictures, television programs, or related publicity materials from the Bureau of Customs, upon proper application, payment of fees, and submission of documents prescribed by the BOARD (Section 29(a)).
The Bureau of Customs release permit is distinct from the Exhibition Permit, which comes only after review and classification (Section 29(a)).
Applicants with previous accounts with the BOARD must first settle those obligations before obtaining their permits (Section 29(a)).
For imported films determined NOT SUITABLE FOR PUBLIC EXHIBITION in the Philippines, the material must be returned to the country of origin within THIRTY (30) DAYS from the Importer/Distributor’s receipt of the BOARD’s final decision (Section 30(a)).
A true copy of the BOARD final decision is forwarded to the Commissioner of Internal Revenue and the Collector of Customs (Section 30(a)).
The Importer/Distributor must submit proof of compliance to the BOARD within TEN (10) DAYS from the expiration of the THIRTY (30) DAY return period (Section 30(a)).
No motion picture, television program, or related publicity material may be exported outside the Philippines without an export permit issued by the BOARD (Section 31(a)).
Export permits require proper application, payment of fees, and submission of documents prescribed by the BOARD (Section 31(a)).
If a version different from that previously approved for local exhibition is to be exported, a separate review may be undertaken without prejudice to issuance of the necessary export permit (Section 31(a)).
Motion pictures and television materials exhibited abroad are governed by the inviting country’s exhibition and/or airing rules (Section 31(a)).

Registration, certificate terms, and renewals

All persons and entities authorized by law to engage in the movie and television industry (including importers, exporters, film studios or laboratories, television networks, local cable television operators, local and foreign movie producers, television program producers, distributors or booking agents, movie houses, and other activities under the BOARD’s supervision) must register with the BOARD (Section 32(a)).
Registered persons must accomplish prescribed forms, submit true copies of documents attesting to authority to do business in the Philippines, and pay the registration fee fixed by the BOARD (Section 33(a)).
The BOARD issues a CERTIFICATE OF REGISTRATION after registration requirements are met (Section 33(a)).
Certificates of Registration are not issued to those with unsettled obligations with the BOARD (Section 33(a)).
Certificates of Registration are effective for ONE (1) YEAR, renewable yearly, unless earlier cancelled by the BOARD for cause (Section 34(a)).

Board deputies and inspection authority

A Board Deputy may be appointed from among Filipino citizens of legal age and of good community standing upon recommendation of a Board member; appointment assists in overseeing implementation and is revocable, without compensation (Section 35(a)).
A Board Deputy, with a valid appointment and identification card, may inspect public exhibitions of motion pictures or publicity materials in movie houses, theaters, and other public establishments and may demand to see the actual appropriate permit (Section 36(a)).
Upon discovery of violations, the Board Deputy must immediately report to the BOARD (Section 36(a)).
A Board Deputy may be accompanied by another person who acts as witness, and the Board Deputy must be accountable to the BOARD and must report activities to the Chairman (Section 36(a)).

National and local regulatory councils

The BOARD may constitute a National Regulatory Council for Motion Pictures and Television headed by the Chairman, with composition drawn from appropriate government agencies, industry associations, and civic or religious organizations (Section 37(a)).
The National Regulatory Council advises the BOARD on problems relevant to implementation of PD 1986 and its Implementing Rules and Regulations; members serve without compensation and for such period as the Chairman determines (Section 37(a)).
The BOARD may also constitute Local Regulatory Councils in every province, city, or municipality, with officers and members designated from local government agencies, industry associations, and civic or religious organizations; these councils assist the BOARD in implementation and serve without compensation for the period determined by the Chairman (Section 38(a)).

Violations, administrative sanctions, and preventive orders

Any violation of PD 1986 and these Implementing Rules and Regulations governing motion pictures, television programs, and related publicity materials is penalized with suspension or cancellation of permits and/or licenses issued by the BOARD and/or other administrative penalties, without prejudice to criminal action (Section 39(a)).
Administrative complaints are initially heard by the Chairman; if the alleged offender does not admit guilt, the Chairman refers the case to a Hearing and Adjudication Committee composed of at least THREE (3) Board Members, with at least one member being a member of the Philippine Bar (Section 40(a)(a)).
After establishment of guilt, the committee imposes the appropriate penalty; technical rules on procedure and evidence apply, and the decision of the Chairman or committee is final (Section 40(a)(a)).
After committee work is terminated, the case may be elevated to the proper judicial body without prejudice to administrative sanctions by the BOARD (Section 40(a)(a)).
Charges of corruption involving Board members or between Board members and industry practitioners, including proof that an industry practitioner offered a bribe in exchange for a favorable classification, are made public along with corresponding proof of innocence to ensure transparency (Section 40(a)(a)).
The Chairman may, in the public interest and upon finding of probable cause, order preventive seizure of offending motion pictures and publicity materials and/or suspension of permits and/or closure of an erring movie house or television network/establishment (Section 40(b)).
The Chairman may also order the temporary dismantling or tearing down of public signs and billboards violating PD 1986 and these Implementing Rules and Regulations (Section 40(b)).
Preventive orders must not exceed TWENTY (20) DAYS from issuance (Section 40(b)).

Repeal and effectivity

Any prior rule, regulation, circular, or order inconsistent with these provisions is amended, modified, or repealed (Section 41(a)).
These rules take effect FIFTEEN (15) DAYS after publication in TWO (2) NEWSPAPERS of general circulation in the Philippines (Section 42(a)).