Legal basis and governing authorities
- The reinstatement is grounded on the President’s law-based powers to reorganize and supervise government agencies and appeals processes.
- The MTRCB Appeals Committee was originally constituted pursuant to Section 4 of Presidential Decree (PD) No. 1986.
- The Appeals Committee was abolished under Executive Order No. 357, s. of 2004.
- The reinstated Committee’s procedures operate alongside Administrative Order No. 18, s. of 1987, governing appeals to the Office of the President.
Purpose and scope of review
- The MTRCB Appeals Committee is reinstated specifically to review decisions of the MTRCB that disapprove or prohibit the exhibition of a motion picture or television program in its entirety.
- A second MTRCB decision that disapproves or prohibits exhibition in its entirety becomes appealable to the President of the Philippines.
- The Committee’s process is designed to submit recommendations to the President after its own review.
- The Committee’s role is limited to the appellate review described under Section 4.
Composition and voting rules
- The MTRCB Appeals Committee in the Office of the President is composed of five (5) members appointed/designated by the President.
- The members are:
- A Representative of the President as Chairman.
- A Representative of the Press Secretary as Vice Chairman.
- A Representative of the Presidential Council for Youth Affairs as Member.
- A Representative of the Movie Industry as Member.
- A Representative of the Television Industry as Member.
- A Committee decision is valid only if supported by the vote of at least three (3) concurring members.
Term, secretariat, and agency help
- The persons designated under Section 2 continue to function until replaced.
- The Office of the (Assistant), now, Deputy Executive Secretary for Legal Affairs (ODESLA) serves as the Secretariat of the Committee pursuant to Section 4 of PD No. 1986.
- In resolving an appeal, MTRCB and other concerned agencies shall extend assistance and cooperation required by the Committee.
Appeal flow and timing
- Appeals proceed from a second MTRCB decision that disapproves or prohibits exhibition in its entirety.
- The appeal, with a copy furnished MTRCB, is coursed through the Committee.
- After conducting its own review, the Committee must submit its recommendations within thirty (30) days from perfection of the appeal to the President.
- After a second review, the MTRCB’s adverse decision is appealable to the President, who acts based on the Committee’s recommendations.
Observer rule during deliberations
- A representative of the MTRCB Chairman shall be present during the Committee’s review and deliberations as an Observer.
- The Observer may be consulted by the Committee on:
- Matters pertaining to MTRCB Rules and Regulations, and
- Circumstances pertaining to the MTRCB’s decision in the case under deliberation.
Procedure and Committee rules
- The Committee may promulgate its own rules of procedure for the conduct of the review.
- Any such Committee rules operate in addition to:
- Administrative Order No. 18, s. of 1987, and
- The provisions of Executive Order No. 572.
Repeals, amendments, and effectivity
- Executive Order No. 572 effectively repeals Section 1 (A) (3) of Executive Order No. 357, s. of 2004.
- Executive Order No. 572 amends Memorandum Order No. 226 dated September 22, 2006.
- Effectivity is immediate upon publication in a national newspaper of general circulation.