MTRCB Rules on Film and TV Review

Defined terms and classifications

“Board” means the Movie and Television Review and Classification Board (MTRCB) created under Presidential Decree No. 1986 under Section 1(a).
“Motion Picture” means a series of pictures projected in rapid succession to produce the optical effect of a continuous picture of movement, including black and white or colored, silent or with sound, on whatever medium and mechanism; the medium containing/recording the picture is an integral part of the motion picture for purposes of the Rules; “film” is used synonymously with motion picture under Section 1(b).
“Television Broadcast” means public showing by transmitting sound or images by television or similar equipment, including cable television and other limited audience distribution under Section 1(c).
“Theatrical Distribution” means public showing or exhibition in theaters, moviehouses, or places charging admission fees for entertainment, education, information, and advertisement under Section 1(d).
“Non-Theatrical Distribution” means public showing of long or short motion pictures through mobile projection equipment with no admission fee, and showing exclusively to members of organizations, societies, clubs and similar groups, including films that are juvenile, educational, documentary, cultural, scientific, journalistic, industrial, sales, public relations, and instructional under Section 1(e).
“General Viewing” refers to motion pictures made available to the general public for viewing through film packs, public lending clubs, or similar organizations under Section 1(f).
“General Patronage or G” classifies motion pictures admission open to persons of all ages under Section 1(g).
“Parental Guidance or P” cautions parents on delicate content and the need for parental guidance under Section 1(h).
“Restricted or R” limits admission to adults; “Adults” means persons eighteen (18) years of age or over under Section 1(i).
“Not for Public Viewing or X” disapproves motion pictures for public exhibition or television broadcast under Section 1(j).
“Television Program” means any matter aired or broadcast on television, including live and pre-taped programs, product and service advertisements, teleplays, and motion pictures originally shown in moviehouses or elsewhere under Section 1(k).
“Publicity Material” includes film trailers, advertisement copies, still photos, leaflets, posters, and billboards used to generate public interest under Section 1(l).
“Review” is the process of examining motion pictures, television programs, and related publicity materials and determining whether—using lawful standards—they are fit for importation, exportation, production, copying, distribution, sale, lease, exhibition, or television broadcast, including determining the audience classification under Section 1(m).

Guiding principles for classification and review

The Board recognizes motion pictures and television as playing important societal roles as educators of the masses, merchants of diversion and entertainment, and motivators in life under Section 2(a).
The Board recognizes motion pictures and television as indispensable media for freedom and liberty of communication and for developing entertainment arts under Section 2(a).
The Board safeguards public morals and good customs and protects the minds of the young from those who would prostitute these media’s functions in society under Section 2(a).
The Board’s task is to safeguard values without nullifying the salutary services motion pictures and television render to the community and individual under Section 2(a).

Matters subject to review and governing standards

All motion pictures, television programs, and publicity materials—whether theatrical or non-theatrical, for television broadcast or general viewing, imported or produced in the Philippines, and for local viewing or export—are subject to Board review before importation, exportation, copying, distribution, sale, lease, exhibition, or television broadcast under Section 3(a).
The Board judges submitted materials using contemporary Filipino cultural values to abate legally objectionable content that is immoral, indecent, contrary to law and good customs, injurious to the prestige of the Republic of the Philippines or its people, or with dangerous tendency to encourage commission of violence or wrongdoing or crime under Section 4(a).
The prohibited “dangerous tendency” includes: inciting subversion, insurrection, rebellion, or sedition; threatening the economic and/or political stability; undermining faith and confidence in government and/or duly constituted authorities; glorifying criminals and condoning crimes; abetting traffic in and use of prohibited drugs; libelous or defamatory attacks on the good name and reputation of any person (living or dead); contempt of court or of any quasi-judicial tribunal; matters sub-judice; attacks against any race, creed, or religion (as distinguished from individual members); and content serving no purpose but to satisfy market demand for violence or pornography under Section 4(a).
“Pornography” is synonymous with obscenity and the test is whether, to the average person applying contemporary community standards, the dominant theme of the material as a whole appeals to prurient interest under Section 4(a).
Pornography expressly includes (a) patently offensive or demeaning representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including but not limited to zooerastia and anal or oral sexual intercourse; (b) patently offensive representations or scatological descriptions of masturbation, excretory functions, and lewd exhibition of genitals; and (c) explicit sexual exploitation of children under Section 4(a).
“Violence” is that which can arouse a person (especially children and youth), instigate copying or imitation of aggressive and antisocial acts, and shape values regarding undesirable and antisocial behavior, including brutal behavior leading to sexual assault, moral and physical abuse of children, and explicit detail of carnage under Section 4(a).
The Board must not disapprove any film or motion picture, television program, or publicity material for exhibition at moviehouses or theaters or on television solely because of topic, theme, or subject matter, and must judge each picture on its merits considering the picture in its entirety under Section 4(b).
Titles and publicity materials must be presented in advance and approved or disapproved based on the synopsis submitted by the applicant and judged for suitability for publication in print, moviehouses, TV, billboard and sign media; obscene and suggestive titles are not allowed under Section 4(c).

Board action, classifications, and television timing

After review, the Board approves or disapproves or prohibits the importation, exportation, copying, distribution, sale, lease, exhibition, or television broadcast of the motion pictures, television programs, and publicity materials under Section 5(a).
The Board generally does not order deletions or cuts; it assigns classification ratings under Section 5(b).
Films disapproved by the Board bear X classification, while approved films bear G, P, or R classifications under Section 5(b).
Films approved for exhibition in moviehouses must be given the same classification for television if shown on television, unless reedited, under Section 5(b).
Only G-classified films are authorized by the Board for showing on television at any time of day, while P-classified films are authorized only from 9:00 o’clock in the evening up to late in the night under Section 5(b).
R-classified and X-classified films are not allowed for television broadcast under Section 5(b).
Live television programs do not require prior review and approval, but television studios must give the Board at least 48 hours advance notice regarding the title and contents before airing or broadcasting under Section 5(c).
Television studios, their officers, and managers are responsible for any breach or violation of pertinent laws arising from live presentations under Section 5(c).
If evidence shows a live television program contains or contemplates matters prohibited for exhibition under Presidential Decree No. 1986 and these Rules, the Board requires pretaping of the program or its sequel for prior review and approval under Section 5(c).
When deletions or cuts are ordered, they are executed on the positive prints, and the master negative must be deposited with the Board’s Film Archives for safekeeping, subject to the applicant’s use for export and other lawful purposes under Section 5(d).

Exempted films and permit requirement

Upon application by proper parties for good cause, the Board may grant exemptions from prior review and approval requirements for bonafide educational, documentary, cultural, scientific, journalistic, industrial, sales, public relations, and instructional films produced or imported by such parties under Section 6(a).
No motion picture, television program, or related publicity material may be imported, exported, produced, copied, distributed, sold, leased, exhibited, or broadcast by television without prior permit issued by the Board after review under Section 7(a).

Who may apply and application requirements

Any person authorized by law may apply for permits to import, export, produce, copy, distribute, sell, lease, exhibit, or broadcast by television, provided the applicant holds the corresponding rights by law under Section 8(a).
The applicant submitting the material to the Board for review is presumed to have the necessary right to use and dispose of it for the reason applied for, and the permit, if issued, is delivered to the applicant unless enjoined by appropriate authority under Section 8(a).
Applications must be in writing and in the form prescribed by the Board, stating at least: the kind of permit, applicant’s name and address, the title under which the applicant holds the material, the film title, the nature of its content, a description of quantity and physical characteristics, and the film classification desired under Section 9(a).
Applications must be under oath and accompanied by: (a) a sworn statement by the producer or (for imported films) the importer or distributor declaring the exact number of prints produced or imported under Section 9(a)(a); (b) a sworn certification for locally produced films by the studio or laboratory stating the exact number of processed film prints and their footage, and undertaking not to process further copies without Board clearance under Section 9(a)(b); (c) certified copies of authority to conduct business in the Philippines for unregistered applicants, including corporate articles of incorporation and by-laws approved by the Securities and Exchange Commission for corporations, partnership or association articles registered with the appropriate government office for partnerships and similar associations, and business permit and related documents for individual natural persons under Section 9(a)(c); (d) documents mentioned in Sections 18 and 19 for importation or export under Section 9(a)(d); and (e) other documents the Board may from time to time require if material and relevant under Section 9(a)(e).
The application and film prints must be submitted to the Board at least five (5) working days before the playdate stated in the application, and applications presented within a lesser period are not entertained by the Board under Section 9(a).
No application is acted upon unless the applicant fully pays the application fee fixed by the Board under Section 10(a).

Review sub-committees, reconsideration, reclassification

Upon filing of a proper application, the Board Chairman designates a Sub-Committee of at least three Board Members, which must meet with notice to the applicant within ten days from receipt of the completed application, and previews the film under Section 11(a).
After preview, the applicant or representative withdraws to await deliberations, and the Sub-Committee summons the applicant to inform the decision with opportunity either to request reconsideration or offer cuts or deletions in exchange for a better classification under Section 11(b).
The Sub-Committee’s written decision must state the reasons for disapproval, denial of the desired classification, or both, and the classification it considers appropriate; dissenting members may submit a written dissent under Section 11(b).
The decision, including any dissent, is immediately submitted to the Chairman for transmission to the applicant under Section 11(c).
Within five days from receipt of the Sub-Committee decision, an applicant may file a motion for reconsideration in writing under Section 12(a).
Upon receipt of the motion, the Chairman designates a Sub-Committee of five (5) Board Members to consider the motion, and the Sub-Committee must conduct a second preview within five days of receipt of the motion, following the same procedure as the first review to the extent applicable under Section 12(a).
An applicant desiring a change in classification may re-edit the film and apply anew with the Board for review and re-classification under Section 13(a).

Appeals, print/sign ads approvals

The Committee of Five’s decision in the second review is final except for decisions disapproving or prohibiting a motion picture in its entirety, which is 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 under Section 14(a).
Applications for permits to use print and sign advertisements related to motion pictures are acted upon by a Board Member designated by the Chairman, and denial may be appealed to the Chairman whose decision is final under Section 15(a).

Permit use restrictions and exhibitor duties

Permit holders must use the permit only for the purposes stated in it and must preserve the integrity of the approved motion picture, television program, or publicity materials by guarding against unapproved insertions or additions under Section 16(a).
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 related publicity materials covered by appropriate Board permits under Section 17(a).
For television broadcasts where audience type cannot be controlled, only programs and publicity materials classified as suitable for general patronage or with parental guidance may be broadcast under Section 17(a), consistent with Section 5(b).
Every exhibition of Board-approved films must be preceded by a short on-screen announcement showing the Board’s classification and the fact of Board approval; 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 theater lobby announcing the Board’s classification under Section 17(b).
In double features, the more restrictive classification governs the announcement and admission into the theater under Section 17(b).
Exhibitors must preserve the integrity of approved materials and must report immediately to the Board any noticeable insertions or additions that are patently objectionable considering the standards in Section 4 under Section 17(c).
For moviehouses and other public exhibition venues: if the film is for adults only (R), exhibitors must screen and refuse admission to persons below eighteen (18) years of age; if the film has parental guidance (P) classification, exhibitors must screen and refuse admission to persons twelve (12) years of age and below, and must order exclusion if such persons enter through illegal means under Section 17(d).
If in doubt, the film exhibitor or agent must demand a residence certificate or other proof of age under Section 17(d).
Holders of approved print and sign advertisements bearing the Board stamp must cause the Board’s film classification to be stated on the advertisements when using them under Section 17(e).

Import and export permits and re-export consequences

Imported motion pictures, television programs, or related publicity materials cannot be released from customs custody without a prior Board permit to import under Section 18(a).
Import permits issue upon proper application, payment of fees, and submission of documents showing the title and nature, quantity, physical description, and country of origin of the imported film under Section 18(a).
If Board review declares the imported film unfit for exhibition in the Philippines, it must be ordered returned to the country of origin or elsewhere outside the Philippines within thirty (30) days from the importer’s receipt of the Board decision under Section 18(b).
A true copy of the decision must be forwarded to the Commissioner of Internal Revenue and the Collector of Customs pursuant to Section 12 of Presidential Decree No. 1986 under Section 18(b).
The importer must present proof of compliance with the return order within thirty (30) days from that order under Section 18(b).
If the re-export order is not complied with, the Board must order confiscation under Section 18(b).
No motion picture, television program, or related publicity material may be exported outside the Philippines without a Board permit to export under Section 19(a).
Export permits issue upon proper application, payment of fee, and submission of documents showing title and nature, quantity, physical description, and country of destination under Section 19(a).
If the exported version differs from the version previously approved for local exhibition, a separate review under Sections 11 and 12 must be undertaken before export under Section 19(a).

Registration of regulated persons

Persons engaged in business or activities under the Board’s supervision and regulation as provided in Section 3(d) of Presidential Decree No. 1986 must register with the Board under Section 20(a).
Registration applies to: importers, exporters, producers, film studios and laboratories, distributors and booking agents, theaters or moviehouses, and television studios under Section 20(a).
Registration requires accomplishing the prescribed form, submitting true copies of documents attesting authority to do business in the Philippines, and paying the registration fee fixed by the Board under Section 21(a).
A Certificate of Registration issues to any person complying with registration requirements under Section 21(a).
Registrants get privileges including: transacting business with the Board without needing to prove existing authority to do business in the Philippines; being placed 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 the Board may grant under Section 22(a).
The Certificate of Registration is effective and renewable every two (2) years unless earlier cancelled by the Chairman, or upon dissolution of the registered firm or death of the registrant under Section 23(a).
Registrants must immediately communicate changes in juridical status, address, and important aspects of business to the Board under Section 23(a).

Board representatives and local regulatory councils

The Board Chairman may appoint a Board Representative to assist in overseeing implementation and enforcement of laws and rules on public exhibition, on recommendation of a Board member or recognized civil or religious organizations, for persons of legal age and good community standing; Board Representatives receive no compensation under Section 24(a).
Board Representatives—when issued a valid appointment or identification card—may inspect public exhibitions in moviehouses, theaters, and other public establishments and demand production of the appropriate exhibition permit under Section 25(a).
Upon discovering violations, Board Representatives must immediately report the violation to the Chairman, or his duly designated representative, or to an officer or member of its City or Provincial committees for proper action under Section 25(a).
Board Representatives may be accompanied by another person to act as witness while exercising authority under Section 25(a).
The Chairman may constitute a National Regulatory Council headed by him, drawing members from appropriate government agencies, associations in the movie and television industry, and civic or religious organizations to advise the Board on implementation problems of Presidential Decree No. 1986 under Section 26(a).
National and Local Regulatory Councils serve without compensation for such period as the Chairman determines under Sections 26(a) and 27(a).
The Chairman may also constitute Local Regulatory Councils in every province, city, or municipality, with heads and members designated from local government agencies, local industry associations, and local civic or religious organizations to assist the Board in implementing Presidential Decree No. 1986 and these Rules under Section 27(a).

Administrative offenses, penalties, and hearings

Violations of laws and rules governing motion pictures, television programs, and related publicity materials are administratively penalized under Section 28, without prejudice to institution of appropriate criminal action under Section 28(a).
For importation, exportation, production, copying, distribution, sale, lease, exhibition, or television broadcast of materials not covered by appropriate Board permits, the Board may order the offending films or publicity materials seized and confiscated and order the theater or establishment closed for a period not exceeding ninety (90) days, depending on gravity and surrounding circumstances under Section 28(a)(a).
For tampering with previously approved materials by inserting unapproved matters, the Board may order seizure and confiscation of the materials; if the illegal act is attributable to the owner, lessee, or manager, his agent, or assignee, the permit to operate may be suspended for up to one (1) year or cancelled, depending on gravity and circumstances under Section 28(a)(b).
If the illegal act is attributable to the theater or establishment exhibiting or broadcasting the films, the administrative penalty in the preceding paragraph may be ordered against the owner, lessee, and/or manager under Section 28(a)(b).
For failure of film exhibitors to comply with duties under Section 17, the right to operate or exhibit may be suspended for up to ninety (90) days, depending on gravity and surrounding circumstances under Section 28(a)(c).
For misrepresentation or fraud in obtaining permits or certificates of registration, the permits or certificates may be cancelled under Section 28(a)(d).
The Sub-Committee imposing penalties may, in its discretion, allow payment of an administrative fine in lieu of suspension or cancellation of the permit or certificate of registration, or in cases of theaters and similar establishments, in lieu of temporary closure under Section 28.
Administrative violations are heard and decided, with notice, by a lawyer-member of the Board designated by the Chairman, and technical rules of evidence do not bind the Committee while fairness must be observed under Section 29(a).
If guilt is found, the Committee may impose the administrative penalties under Section 28 under Section 29(a).
Committee decisions are appealable to the Chairman within ten (10) days from receipt by the aggrieved party, and the Chairman’s decision is final under Section 29(a).
Pending the outcome of the hearing, the Chairman may—on finding probable cause and in the public interest—order preventive seizure of offending materials, suspension of involved permits, closure of the erring moviehouse or establishment, or all such actions; the Chairman may also order temporary dismantling or tearing down of public signs and billboards believed constructed in violation under Section 29(b).
Temporary orders cannot last more than twenty (20) days from the date of issuance under Section 29(b).

Repeal and effectivity

Any prior rule, regulation, circular, or order inconsistent with these Rules is amended, modified, or repealed under Section 30(a).
These Rules take effect fifteen (15) days after publication in two newspapers of general circulation in the Philippines under Section 31(a).