Reorganizing Motion Picture Review Board

Policy and purpose statement

The BOARD is revitalized and strengthened because the Board of Censors (and later the BOARD) cannot adequately cope with problems generated by technological advances in motion pictures and television (preamble).
The BOARD is required to supervise and regulate, among others, the importation, exportation, production, copying, distribution, sale, lease, exhibition, and/or broadcast of motion picture and television programs (preamble).
Consolidation of prior presidential issuances relative to Republic Act No. 3060 is directed for integration and convenience (preamble).

Board composition, appointment, qualifications

The BOARD is composed of a Chairman, two (2) Vice-Chairmen, and thirty-two (32) members, all appointed by the President of the Philippines (Section 2).
The Chairman, Vice-Chairmen, and members hold office for a term of four (4) years, unless sooner removed by the President for any cause (Section 2).
Appointees are eligible for re-appointment after expiration of their terms (Section 2).
Initial staggering of terms is mandated: one Vice-Chairman for two (2) years, the other for four (4) years, and eight (8) members each for one (1) year, two (2) years, three (3) years, and four (4) years, from assumption of office; thereafter succeeding terms are four (4) years (Section 2).
A person appointed to fill a vacancy serves only the unexpired portion of the term of the Board member whom the appointee succeeds (Section 2).
No appointment is allowed unless the appointee is a natural-born citizen of the Philippines, not less than thirty (30) years of age, of good moral character and standing in the community, and not directly or indirectly engaged in or connected with the motion picture/television or similar industry (Section 2).
The selection of members must give due consideration to qualifications producing a multi-sectoral combination of expertise in areas of motion picture and television review (Section 2).

Compensation and administrative structure

The Chairman is entitled to transportation, representation and other allowances not exceeding PHP 6,000.00 per month (Section 2).
The Vice-Chairmen and all other members are entitled to honoraria, transportation, representation and other allowances determined by the BOARD, subject to approval of the Office of the Budget and Management (Section 2).
The Chairman serves as the Chief Executive Officer of the BOARD and executes/implements/enforces BOARD decisions, orders, awards, rules, and regulations (Section 5(a)).
The Chairman directs and supervises BOARD operations and internal affairs and establishes the internal organization, appointing the Secretary of the BOARD and administrative/subordinate personnel subject to BOARD approval (Section 5(b)-(c)).
The Chief Executive Officer is assisted by an Executive Assistant appointed by the President for a term of four (4) years, unless sooner removed for any cause (Section 5).
The Chief Executive Officer’s annual salary is PHP 50,376.00, and the Executive Assistant’s annual salary is PHP 37,380.00, unless otherwise provided by subsequent laws (Section 5).

BOARD functions, powers, and regulation

The BOARD promulgates rules and regulations necessary to implement Republic Act No. 3060 (as amended) and accomplish its purposes and objectives, with rules taking effect after 15 days from publication in newspapers of general circulation (Section 3(a)).
The BOARD screens, reviews, and examines all motion pictures (as defined) and publicity materials (including advertisements, trailers and stills) for theatrical or non-theatrical distribution, television broadcast, and general viewing, whether imported or produced in the Philippines, and whether for local viewing or export (Section 3(b)).
The BOARD approves/disapproves, deletes objectionable portions, and/or prohibits importation/exportation/production/copying/distribution/sale/lease/exhibition and/or television broadcast of films and publicity materials that are objectionable because they are immoral, indecent, contrary to law and/or good customs, injurious to the prestige of the Republic of the Philippines or its people, or have a dangerous tendency to encourage commission of violence or a wrong or crime (Section 3(c)).
Objectionable categories expressly include:
- those tending to incite subversion, insurrection or rebellion against the State (Section 3(c)(i));
- those tending to undermine faith and confidence in the government and/or duly constituted authorities (Section 3(c)(ii));
- those that glorify criminals or condone crimes (Section 3(c)(iii));
- those that serve no purpose except to satisfy the market for violence or pornography (Section 3(c)(iv));
- those that offend any race or religion (Section 3(c)(v)); and
- those that tend to abet the traffic in and use of prohibited drugs (Section 3(c)(vi)).
Deletions/cuts are restricted: cuts must not be made on the master negative; the master negative must be deposited with the Film Archives of the Experimental Cinema of the Philippines and released for export purposes to the film owner only upon showing of the proper export permit (Section 3(c)).
For export release of the master negative, the film owner must execute a sworn undertaking that the master negative shall be exclusively used for export purposes and not for local viewing (Section 3(c)).
The BOARD supervises and regulates and grants, denies, or cancels permits for importation/exportation/production/copying/distribution/sale/lease/exhibition and/or television broadcast so that objectionable materials cannot be imported, exported, produced, copied, distributed, sold, leased, exhibited, or broadcast (Section 3(d)).
The BOARD classifies motion pictures, television programs, and similar shows into categories such as “For General Patronage” or “For Adults Only”, or other categories it determines for the public interest (Section 3(e)).
The BOARD may close cinema houses, theaters, and other public exhibition establishments that violate the Order and BOARD rules (Section 3(f)).
The BOARD levies, assesses, and collects, and periodically adjusts and revises, fees and charges for review/examination and for issuance of licenses and permits it is authorized to grant (Section 3(g)).
The BOARD may deputize representatives from government and private sectors to help ensure compliance with laws on importation, exportation, distribution, sale, lease, exhibition, and/or television broadcast; it may also call on any law-enforcement agency for assistance (Section 3(h)).
The BOARD causes prosecution, on behalf of the People of the Philippines, of violators of this Executive Order, and of anti-trust, obscenity, and other laws pertinent to the movie and/or television industries (Section 3(i)).
The BOARD prescribes internal and operational procedures for exercising its powers and performing duties, including creating sub-committees for review and related matters (Section 3(j)).
The BOARD exercises other powers/functions necessary or incidental to attain the purposes and objectives of the Executive Order, and performs other related duties as directed by the President (Section 3(k)).

Review procedure and appeals process

The BOARD must render a decision approving or disapproving for exhibition in the Philippines within ten (10) days counted from the date of receipt of the application, together with the motion picture and pictorial materials for examination (Section 4).
For each review session, the Chairman designates a sub-committee of at least five (5) BOARD members to undertake the review work (Section 4).
Any disapproval or deletion must be approved by a majority of the sub-committee (Section 4).
After written receipt of the sub-committee’s written decision, a written motion for reconsideration may be made, and the Chairman designates a majority of BOARD members to undertake a second review session; the second decision is rendered through the majority of designated members present (Section 4).
The second review session is presided over by either the Chairman, one Vice-Chairman, or a member designated by the Chairman to take the Chairman’s place (Section 4).
The BOARD’s second decision must be rendered within five (5) days from receipt of the motion for reconsideration (Section 4).
Disapproval decisions must be in writing and must state the reasons or grounds for disapproval (Section 4).
No film or motion picture intended for exhibition may be disapproved solely because of its topic, theme or subject matter; decisions must be based on the merits of the picture considered in its entirety (Section 4).
The second decision is final except for a decision disapproving or prohibiting a motion picture in its entirety, which may be appealed to the President of the Philippines (Section 4).
Appeals to the President may be decided by the President directly, or the President may decide with assistance from an ad hoc committee or from the Appeals Committee created under the Executive Order (Section 4).
An Appeals Committee in the Office of the President is created, composed of a Chairman and four (4) members appointed by the President; it submits recommendations to the President (Section 4).
The Presidential Legal Office serves as Secretariat of the Appeals Committee (Section 4).
The President’s decision on any appealed matter is final (Section 4).

Screening-room access and sworn print statement

No person is allowed inside the screening room during examination and review except BOARD members, persons specifically authorized by the BOARD, and two (2) representatives each of the distributor and/or producer-and exhibitor of the motion picture or publicity material under review (Section 6).
Before each review session, the distributor or producer must submit to the BOARD a sworn statement declaring the exact number of prints made for the picture or materials to be examined or reviewed (Section 6).

Unlawful exhibitions and labeling violations

Exhibiting or causing the exhibition in any motion picture theater or public place or by television within the Philippines a motion picture (including trailers and stills for lobby displays) that has not been duly passed by the BOARD is unlawful (Section 7).
Printing or causing the printing of a label or notice showing a motion picture as officially passed by the BOARD when not previously authorized is unlawful (Section 7).
Exceptions apply for motion pictures imprinted or exhibited by the Philippine Government and/or its departments and agencies, and newsreels (Section 7).

Exhibitor posting and public classification announcements

Motion picture exhibitors must post and/or display the certificate or label of approval of the motion picture by the BOARD (Section 8).
Exhibitors must display the certificate/label at conspicuous places near entrances to the theaters or exhibition places (Section 8).
Exhibitors must include in all cinema advertisements announcements stating the classification of the motion picture being exhibited or advertised, as provided in Section 3(e) (Section 8).

Age restrictions for adult-classified films

Entry to a moviehouse or theater showing a motion picture classified “For Adults Only” is prohibited for any person below eighteen (18) years of age (Section 9).
It is unlawful for such a person to use misrepresentation or false evidence about age to gain admission into a “For Adults Only” showing (Section 9).
It is unlawful for any employee of a moviehouse or theater to sell to, or receive from, another person known to the employee to be below eighteen (18) years of age any admission ticket for exhibitions of “For Adults Only” motion pictures (Section 9).
If there is doubt as to age, the person seeking admission must exhibit a residence certificate or other proof of age (Section 9).

Penalties for violations and corporate liability

Any violation of Section 7 is punished by imprisonment of not less than six (6) months but not more than two (2) years, or a fine of not less than six hundred (₱600) nor more than two thousand (₱2,000) pesos, or both, at the discretion of the court (Section 11).
If the offender is an alien, the offender must be deported immediately (Section 11).
For a Section 7 violation, the license to operate the movie theater or television is also revoked (Section 11).
Any other kind of violation is punished by imprisonment of not less than one (1) month nor more than three (3) months, or a fine of not less than one hundred (₱100) nor more than three hundred (₱300) pesos, or both, at the discretion of the court (Section 11).
If the violation is committed by a corporation, partnership or association, criminal liability devolves on the president, manager, administrator, or any official thereof responsible for the violation (Section 11).

Definitions governing the regulatory scheme

“Motion Picture” means a series of pictures projected on a screen in rapid succession producing an optical effect of a continuous picture with moving objects, whether black and white or colored, silent or with accompanying sound, on any medium/mechanism, and includes films, reels, cassettes, and discs; the material in which the motion picture is contained/preserved/recorded forms an integral and inseparable part of the motion picture subject of the Act (Section 10(1)).
“Television Broadcast” means public showing by transmitting sound or images by television or similar equipment, including cable television, and other limited audience distribution (Section 10(2)).
“General Viewing” means making motion pictures available to the general public for viewing through convenient film packs, cassettes, discs, or similar materials sold, leased, or lent in commercial outlets, public lending clubs, and similar organizations (Section 10(3)).
“Non-Theatrical Distribution” means:
- public showing of long and short motion pictures through mobile projection equipment not imposing admission fee; and
- showing long or short motion pictures to organizations, societies, clubs, groups, such as films for children, educational, documentary, cultural, scientific, newsreel, industrial, sales, public relations, and instructional films (Section 10(4)(a)-(b)).
“Theatrical Distribution” means public showing and/or exhibition in any cinema or theater or other place imposing admission fees on persons for entertainment, education, information, and advertising (Section 10(5)).
“An Adult” means any person eighteen (18) years of age or over (Section 10(6)).
“Review Session” means the review and examination of motion pictures, television programs and similar shows, or publicity materials, by the BOARD (Section 10(7)).

Return of banned films and tax/customs refund

If a motion picture is declared unfit for exhibition after BOARD examination and review, the importer or distributor must return the motion picture to the country of origin or any other place outside the Philippines within thirty (30) days counted from receipt of the BOARD’s decision banning the motion picture (Section 12).
Customs duties and internal revenue taxes paid on account of the importation and entry of the banned motion picture are automatically refunded by the government office concerned to the importer or distributor (Section 12).
A copy of the BOARD decision banning the motion picture is furnished to the Commissioner of Internal Revenue and the Collector of Customs of the port of entry and serves as sufficient authority for refund of the internal revenue taxes and customs duties paid (Section 12).

Inspection, seizure, and prosecution authority

The BOARD or its duly authorized representatives may inspect all public exhibitions of any motion picture or publicity material in cinema houses, theaters, and other public establishments for enforcement of the Executive Order (Section 13).
Upon discovery of any motion picture or publicity material previously approved but tampered to introduce any unapproved matter, the BOARD may immediately seize the unapproved matter and cause prosecution of the persons responsible for violation of the Executive Order and/or the Revised Penal Code (Section 13).
Upon conviction, seized materials and other proceeds or instruments of the crime are disposed of in accordance with the Revised Penal Code, as amended (Section 13).

Experimental Cinema exemption and conditions

Motion pictures imported or produced by the Experimental Cinema of the Philippines, whether singly or in joint venture with Philippine or foreign citizens, corporations or groups, are not subject to the BOARD’s jurisdiction, supervision, and control when exhibited at the Film Center (Section 14).
Motion pictures otherwise exempt remain subject to BOARD review when distributed for general viewing elsewhere in the Philippines (Section 14).

Anti-monopoly enforcement and theater closures

The BOARD deputizes or assists appropriate law enforcement agencies to enforce Article 186 of the Revised Penal Code and other applicable laws on monopolies and combinations in restraint of trade so that no person/corporation/partnership/association/group monopolizes importation, production, distribution, sale, lease, exhibition, or any other aspect of the motion picture industry to the prejudice of lawful commerce (Section 15).
Where the theater/moviehouse owner/operator is also the importer, producer, distributor, booking agent, or controls/manages those activities, the fact constitutes a prima facie violation of the Executive Order and related laws, including Article 186 of the Revised Penal Code (Section 15).
In the meantime, the BOARD is authorized to close the theater/moviehouse and withdraw for exhibition all films imported, produced, distributed, or booked (Section 15).

Sinking Fund for BOARD operations

A Sinking Fund is established and administered at all times by the BOARD (Section 16).
The Sinking Fund consists of all fees and charges levied, assessed, and collected by the BOARD (Section 16).
The Sinking Fund is immediately available to the BOARD and is used exclusively for the BOARD’s operational and administrative expenses and for acquisition of necessary facilities, supplies and equipment (Section 16).

Repeal, consistency, and separability

Provisions of Republic Act No. 3060 and Executive Order Nos. 585, 745, and 757 remain in full force and effect if not inconsistent with the Executive Order (Section 17).
Executive Orders Nos. 868 and 876 that are inconsistent with the Executive Order are modified, amended or repealed accordingly (Section 17).
The provisions are deemed separable; if any provision is declared invalid or unconstitutional, the invalidity does not affect other provisions, which remain in full force and effect (Section 18).