MTRCB Rules on Film and TV Regulation

Key definitions used throughout

“Board” means the Movie and Television Review and Classification Board (MTRCB) created under Presidential Decree No. 1986.
“Motion Picture” means a series of pictures projected in rapid succession to create continuous motion, whether black and white or colored, silent or with sound, on whatever medium or equipment; the recording material forms an integral part of the motion picture subject to these Rules.
“Television Broadcast” means public showing by transmitting sound or images by television or similar equipment, including cable television and other limited audience distribution.
“Theatrical Distribution” means public showing or exhibition of motion pictures in theaters, moviehouses, or any place imposing admission fees for entertainment, education, information, and advertisement.
“Non-Theatrical Distribution” covers (1) public showing through mobile projection where no admission fee is charged; and (2) exclusive showing to member organizations, societies, clubs, and similar groups, including juvenile, educational, documentary, cultural, scientific, journalistic, industrial, sales, public relations, and instructional films.
“General Patronage or G” is the classification open to persons of all ages.
“Parental Guidance or P” is the classification cautioning parents on delicate content and the need for parental guidance.
“Restricted or R” limits admission to adults defined as persons eighteen years of age or over.
“Not for Public Viewing or X” is the classification disapproved by the Board for public exhibition or television broadcast.
“Television Program” means any matter to be aired or broadcast on television, including live programs, product and service advertisements, teleplays, and motion pictures originally shown in moviehouses or elsewhere.
“Live Programs” means television programs containing events happening simultaneously as they are shown; pre-taped portions are not considered live.
“Newsreels” means straight news reporting distinguished from news analyses, commentaries, and opinions; talk shows are not newsreels.
“Publicity Materials” means materials used to generate public interest in a motion picture, including film, TV and radio trailers, advertisement copies, still photos, leaflets, posters, and billboards.
“Review” is the process of examining motion pictures, television programs, and related publicity materials and determining whether they are fit for importation, exportation, production, copying, distribution, sale, lease, exhibition, or broadcast by television, including determining the audience classification.

Guiding principles for classification

The Board recognizes motion pictures and television as roles in society as educator, merchant of diversion and entertainment, and motivator in life.
Motion pictures and television are treated as indispensable to freedom and liberty of communication and development of entertainment arts.
The Board must safeguard public values by shielding content from those who would prostitute these functions, violate laws, violate public morals and good customs, and corrupt the minds of the young.
The Board must safeguard these values without nullifying the salutary services motion pictures and television render to the community and the individual.

What content falls under review

Section 3 subjects all motion pictures, television programs, and publicity materials (as defined in Chapter I) to Board review before export, import, copying, distribution, sale, lease, exhibition, or television broadcast.
Review applies regardless of whether the content is for theatrical or non-theatrical distribution, for television broadcast or general viewing, and whether imported or produced in the Philippines.
Review also applies to locally produced content whether intended for local viewing or export.

Standards the Board must apply

The Board must judge reviewed content using contemporary Filipino cultural values to abate legally objectionable matters that are immoral, indecent, contrary to law and good customs, injurious to the prestige of the Republic of the Philippines or its people, or that have a dangerous tendency to encourage violence or a wrong or crime.
Objected content includes those that tend to incite subversion, insurrection, rebellion or sedition against the State or otherwise threaten the economic and/or political stability of the State.
Objected content includes those that undermine the faith and confidence of the people in their government and/or the duly constituted authority.
Objected content includes those that glorify criminals or condone crimes.
Objected content includes those that abet the traffic in and use of prohibited drugs.
Objected content includes those that are libelous or defamatory to the good name and reputation of any person, whether living or dead.
Objected content includes those that may constitute contempt of court or of any quasi-judicial tribunal, or pertain to matters subjudice in nature.
Objected content includes those that clearly constitute a malicious attack against any race, creed, or religion, or against sectors such as women, youth, cultural communities, the handicapped, and the urban poor sectors.
“Pornography” is synonymous with “obscenity,” with a test based on whether the average person, applying contemporary community standards, finds that the dominant theme appeals to prurient interest; it includes patently offensive or demeaning representations or descriptions of ultimate sexual acts (including but not limited to zoophilia and anal or oral sexual intercourse), patently offensive scatological descriptions relating to masturbation, excretory functions, and lewd exhibition of genitals, and explicit sexual exploitation of children.
“Violence” refers to conduct that arouses a person—especially children and youth—to instigate copying or imitation of aggressive and anti-social acts and to shape values regarding undesirable and anti-social behavior; it includes brutal behavior leading to violation of human rights and dignity, sexual assault and other perversions, moral and physical abuse of children, and explicit detail of carnage.
The Board must not disapprove any film, motion picture, television program, or publicity material intended for moviehouses, theaters, or television solely because of its topic, theme, or subject matter; disapproval must be based on the merits of each picture considered in its entirety.
Titles and publicity materials must be presented in advance, approved or disapproved based on the light of the synopsis submitted by the applicant, and judged for suitability for print, moviehouses, TV, billboard, and sign media.
Obscene, violent, or suggestive titles are not allowed.
Old films using new titles must be indicated in the application and in the publicity materials.

Board decisions and classification rules

After review, the Board must approve or disapprove or prohibit the importation, exportation, copying, distribution, sale, lease, exhibition, or television broadcast of reviewed motion pictures, television programs, and publicity materials.
As a general rule, the Board must not order deletions or cuts in films; it must instead give classification ratings under law and these Rules.
Films disapproved receive the X classification; films approved receive G, P, or R classifications.
Films approved for exhibition in moviehouses must, unless re-edited, receive the same classification by the Board if shown on television with authorization limits: only G films are authorized on television from 6:00 a.m. to 8:00 p.m., and P films are authorized from 8:00 p.m. to 6:00 a.m.
Films with R or X classifications are not allowed for television broadcast.
Live television programs do not require prior Board review and approval, but television studios must give the Board at least 48 hours advance notice of the title and contents before airing or broadcast.
Television studios, their officers, and managers are responsible for breaches or violations arising from live presentation and must ensure that no scenes objectionable under Presidential Decree 1986 or these Rules are shown.
Live programs must be submitted for post-review within 48 hours after airing.
If pre-taping is needed because matters are prohibited for television exhibition, the Board must require pre-taping of the program or its sequel for post-review and approval.
Where deletions or cuts are ordered, the Board must have the deletions or cuts executed on the positive prints of the film.
The Board must require deposit of the master negative with its Film Archives for safekeeping, subject to the applicant’s use for export and other lawful purpose.

Exemptions from prior review

Upon application by proper parties for good cause, the Board may grant exemptions from prior review and approval requirements to bonafide educational, documentary, cultural, sales, public service, public relations, and instructional films produced or imported by such parties.
Television studios, their officers, and managers remain responsible for breaches or violations arising from such presentations and must ensure no objectionable scenes under Presidential Decree 1986 and these Rules are shown.
Exemptions can be revoked at any time by the Board.

Prior review permits and applications

No motion picture, television program, or related publicity material may be imported, exported, produced, copied, distributed, sold, leased, exhibited, or broadcast by television without a prior permit issued by the Board after review.
Any person authorized by law may apply for permits to import, export, produce, copy, distribute, sell, lease, exhibit, or broadcast by television, for the motion picture or program to which the applicant holds lawful use or appropriation rights.
For review purposes, the applicant who submits the motion picture, television program, or publicity material to the Board is presumed to have the necessary right to use and dispose of it for the purpose applied for; the Board must release the permit to the applicant unless enjoined by appropriate authority.
Applications must be written in the form prescribed by the Board and must state: the kind of permit applied for; the applicant’s name and address; the title under which the applicant holds the content submitted; the film title; the nature of content (such as comedy, action, romance, sex, commercial); and a description of the quantity and physical characteristics.
Applications must be under oath and accompanied by:
- a sworn statement by the producer, or for imported films by the importer or distributor, declaring the exact number of prints produced or imported;
- a sworn certification for locally produced films by the film studio or laboratory stating the exact number of film prints processed and their footage, plus an undertaking not to process further copies without Board clearance;
- certified copies of authority to conduct business in the Philippines when the applicant is not previously registered with the Board (articles of incorporation and bylaws for registered corporations; articles of partnership and association for partnerships and similar associations; and business permits and related documents for individuals);
- documents referenced in Sections 18 and 19 for importation or export; and
- other documents the Board requires as material and relevant.
The application together with the film prints must be submitted at least five (5) working days before the playdate stated in the application.
If submission is delayed, the applicant must pay a penalty of P1,000.00 per day of delay.
No application is acted upon unless the applicant fully pays the application fee fixed by the Board for that purpose.

Review workflow: sub-committee, committee, finality

After a proper application is filed, the Chairman designates a Sub-committee of at least (3) Board Members.
The Sub-committee meets with notice to the applicant within ten (10) days from receipt of a completed application.
After review, the applicant withdraws to await deliberations; once decided, the Sub-committee summons the applicant and informs the decision, giving the applicant an opportunity to request reconsideration or offer cuts or deletions in exchange for better classification.
Decisions by the Sub-committee must be in writing and must state reasons for disapproval or denial of the desired rating (or both) and the classification deemed appropriate; a dissenting member may express dissent in writing.
The decision, including dissent if any, must be immediately submitted to the Chairman for transmission to the applicant.
Within five (5) days from receipt of the Sub-committee decision, the applicant may file a written motion for reconsideration.
Upon receipt of the motion, the Chairman designates a Committee of five (5) Board Members, which conducts a second review within five (5) days of receipt of the motion.
The second review follows the procedure applicable under the Sub-committee process.
A request to change the classification rating given by the Sub-committee allows re-editing by the applicant and a new application for Board review and classification.
The Committee of five (5) Board Members’ decision in the second review is final, except that decisions disapproving or prohibiting a motion picture in its entirety are appealable to the President of the Philippines.
The President may decide the appeal directly or refer it to an appeals committee in the Office of the President for adjudication.
Applications to use print and sign advertisements related to motion pictures are decided by the Chairman or by a Board member designated by the Chairman, and that decision is final.

Applicant and exhibitor obligations

Permit holders must use the permit only for the purposes stated in it.
Permit holders must preserve the integrity of motion pictures, television programs, or related publicity materials as approved, guarding against insertions or additions of unapproved matters.
Moviehouse and television studio owners and their managers, and operators of limited audience cinema and cable television, must exhibit only motion pictures, television programs, and publicity materials covered by an appropriate Board permit.
For television broadcast where the kind of audience cannot be controlled, only television programs and publicity materials classified as suitable for general patronage or with parental guidance may be broadcast as provided in Section 5(b).
In parental guidance cases for television broadcast, the words “Parental Guidance” must be superimposed on the show.
Exhibitions of Board-approved films must be preceded by a short on-screen announcement showing the film’s Board classification and the fact that it has been approved for public viewing.
Theater owners and managers must also prominently display a copy of the permit to exhibit in front of the ticket office and maintain a three-feet high standee in the lobby announcing the Board’s classification.
In double feature presentations, the more restrictive classification governs announcement and admission into the theater.
Only the MTRCB classification must be displayed.
Exhibitors must preserve integrity and must immediately report to the Board any noticeable insertions or additions that are patently objectionable based on the review standards in Section 4.
For public theaters open to the public, exhibitors must enforce age restrictions:
- for adult-only films, screen and refuse admission to persons below eighteen (18) years of age;
- for parental guidance classification, screen and refuse admission to those seven (7) years of age and below;
- for parental guidance 15 classification, screen and refuse admission to those below fifteen (15) years of age;
- exhibitors must order exclusion of such persons if they gain illegal entrances.
When in doubt, the film exhibitor or agent must demand a residence certificate or other proofs of age.
Holders of approved advertisement layouts bearing the Board stamp must state on them the Board’s film classification.

Importation: permits, customs release, export order

Imported motion pictures, television programs, and related publicity materials must not be released from customs custody without a prior Board permit to import.
The Board issues a permit to import upon proper application, payment of fees, and submission of documents indicating: title and nature of title, quantity, physical description, and the country of origin.
If review declares the imported content unfit for exhibition in the Philippines, the Board must order return to the country of origin or elsewhere outside the Philippines within thirty (30) days from receipt by the importer of a copy of the Board’s decision.
A true copy of the Board decision must be forwarded to the Commissioner of Internal Revenue and the Collector of Customs pursuant to Section 12 of Presidential Decree 1986.
The importer must present proof of compliance with the export/return order to the Board within thirty (30) days from that order.
If the export order is not complied with, the Board must order confiscation of the film or television program.

Exportation: permits and re-review

No motion picture, television program, or related publicity material may be exported outside the Philippines without a Board permit to export.
The Board issues a permit to export upon proper application, payment of fee, and submission of documents indicating: title and nature, quantity, physical description, and the country of destination.
If the export version differs from the previously Board-approved version for local exhibition, a separate review must be undertaken using the procedures in Sections 11 and 12.

Board registration for regulated businesses

Persons engaged in business or activities under Board supervision and regulation must register with the Board for purposes of supervision and regulation under the Board’s enabling authority.
Registration must cover, among others: importers, exporters, film studios or laboratories, television studios, cable TV operators, producers, distributors or booking agents, and theaters or moviehouses.
Registrants must accomplish the prescribed form, submit true copies of documents showing authority to do business in the Philippines, and pay the registration fee fixed by the Board.
The Board issues a certificate of registration to each person who complies.
Registered persons are entitled to: transact with the Board without proving existing authority to do business in the Philippines; placement in the Board mailing list for circulars and communications affecting their line of business; being consulted and invited to attend discussions on issues affecting them; and other privileges granted by the Board.
Registration remains effective for one (1) year, renewable every year unless earlier canceled by the Chairman, or upon dissolution of the registered firm, or death of the registrar.
Registrants must immediately communicate changes in judicial status, address, and important aspects of business to the Board.

Board representatives and local oversight

Any Filipino citizen of legal age and good community standing may be appointed as a Board representative upon recommendation of a Board member to assist in overseeing implementation of laws and rules on public exhibition within the Board’s jurisdiction.
Board representatives are not entitled to compensation and their appointment is revocable at any time.
When issued a valid appointment and identification card, a Board representative may inspect all public exhibition of motion pictures and publicity materials in moviehouses, theaters, and other public establishments and demand the production of the appropriate exhibition permit.
Upon discovering violations of law and these Rules, a Board representative must immediately report violations to the Chairman (or his duly designated representative) or to an officer or member of the Local Regulatory Council for proper action.
A Board representative may be accompanied by another to act as witness for inspection and enforcement.
A Board representative is accountable to the Board and must give reports of activities to the Chairman.

Regulatory councils: national and local

The Chairman may constitute and organize a National Regulatory Council for Motion Pictures and Television headed by him.
The Chairman draws and designates National Regulatory Council members from appropriate government agencies, associations belonging to the movie and television industry, and civic or religious organizations.
The National Regulatory Council advises the Board on problems concerning implementation of the purposes and objectives of Presidential Decree 1986.
National Regulatory Council members serve without compensation and for such period as the Chairman determines.
The Chairman may also constitute and organize Local Regulatory Councils in every province, city, or municipality with heads and members designated from local government agencies, local movie and television industry associations, and local civic or religious organizations.
Local Regulatory Councils assist the Board in implementing Presidential Decree 1986 and these Rules.
Local Regulatory Council members serve without compensation and for such period as the Chairman determines.

Administrative violations, sanctions, seizure, closure

Violations of the laws and rules governing motion pictures, television programs, and related publicity materials are administratively penalized with suspension or cancellation of Board-issued permits and licenses depending on the gravity of the offense.
The Chairman of the Board or the Hearing and Adjudication Committee may, in its or his discretion, allow payment of an administrative fine in lieu of suspension or cancellation.
Administrative penalties for violation of Presidential Decree 1986 and these Rules must follow a table of penalties promulgated by the Board.
Administrative violations are initially heard by the Chairman.
If the alleged offender admits the charges, the Chairman imposes the appropriate penalty.
If the alleged offender does not admit, the Chairman refers the case to the Hearing and Adjudication Committee composed of at least three (3) Board members designated by the Chairman.
At least one Hearing and Adjudication Committee member must be a member of the Philippine Bar.
Technical rules of evidence do not bind the Chairman or the Committee, but both must observe fairness in proceedings.
The decision of the Chairman or the Committee is final.
The Chairman may order preventive seizure of offending motion pictures and related publicity materials, suspension of involved permits, or closure of the erring moviehouse or establishment, upon finding probable cause and in the public interest.
The Chairman may also order temporary dismantling or tearing down of public signs and billboards believed constructed in violation of law and these Rules.
Temporary orders must not last more than twenty (20) days from the date of issuance.

Repeal and effectivity

Any prior rule, regulation, circular, or other issuance inconsistent with these Rules is deemed amended, modified, or repealed.
These Rules and Regulations become effective fifteen (15) days after publication in two (2) newspapers of general circulation in the Philippines.
The Rules were adopted on 27 July 1993 and signed by HENRIETTA S. MENDEZ, Chairman.