Republic of the Philippines fs te
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila fS” RECEIVED

SEVENTEENTH CONGRESS
‘Third Regular Session

House Bill No, 8077.

Introduced by Rep. Nancy A. Catamco

EXPLANATORY NOTE

The 1987 Philippine Constitution enshrines the rights of Indigenous Cultural
Communities (ICCs) and Indigenous Peoples (IPs) and provides for, as State policy, the
recognition, protection, and promotion thereof.

Furthermore, Sections 31-33, Chapter VI of RA 8371, otherwise known as. the
Indigenous Peoples Rights Act (IPRA), provide for the recognition of cultural diversity in all
forms of education, public information and cultural-educational exchange; the rights of
Indigenous Peoples to their cultura, intellectual, religious, and spiritual property and the practice
thereof. Accordingly, the State shall take effective measures to ensure that these rights are
protected and promoted.

Meanwhile, the revolutionary development of mass media, particularly the movie and
television industry, proves to be advantageous in the promotion of the abovementioned rights of
Indigenous Peoples. However, while mass media proves beneficial for the promotion of
indigenous cultures and traditions, they also pose disadvantageous risks for Indigenous Peoples.
Along with the growing interest of mainstream media in the narratives of Indigenous Peoples
comes the risk of the distortion, misinterpretation, and misappropriation of their cultures and
traditions.

Antecedent to the filing of this bill is the issue that arose from the ABS-CBN TV series,
Bagani. The inclusion of the term “Bagani” to the context of “an alternative fictional universe
with elements of Filipino mythology and folklore” is tantamount to denying its historicity and
socio-cultural significance to Indigenous Peoples, especially to the Manobo ICCs/IPs from
which the term “Bagani” originated. Any such misappropriation of names, place names, and any
other indigenous concepts is detrimental to the socio-cultural life of Indigenous Peoples all over
the country, especially considering that the movie and television industry plays a big role in
influencing mainstream perception thereon.

It is the intent of this bill, therefore, to protect the intellectual property rights of
Indigenous Cultural Communities and Indigenous Peoples in the course of their promotion in
mainstream mass media, specifically in the movie and television industry. The bill lays down
measures and minimum standards to be met by movie and television enterprises in portraying

' ABS-CBN Press Statement on “Bagani.” 5 March 2018, Retrieved from

+ https://ne .com.ph/2018/03/07/nei foul- i on 01 August 2018

owre.08.43 2019

\



and/or representing these cultural communities in order to safeguard their cultural identity and
heritage.
Hence, the immediate passage of this bill is earnestly requested.

NANCY A. CATAMCO
Representative
2" District, North Cotabato


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City, Metro Manila

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No, 8077

Introduced by Rep. Nancy A. Catamco

AN ACT
MANDATING THE MOVIE AND TELEVISION INDUSTRY TO OBSERVE DUE
DEFERENCE TO THE CULTURAL SENSITIVITIES AND INTELLECTUAL
PROPERTY RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES /
INDIGENOUS PEOPLES (ICCs/IPs), AMENDING FOR THE PURPOSE
PRESIDENTIAL DECREE NO. 1986 CREATING THE MOVIE AND TELEVISION
REVIEW AND CLASSIFICATION BOARD

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section 3 (c) of Presidential Decree No. 1986 Creating the Movie and Television
Review and Classification Board is hereby amended to add the following provision:
vii) ‘Those which offend the cultural sensitivity of indigenous cultural
communities/indigenous peoples (ICCs/IPs) such as, but not limited to,
misrepresentation or distortion of their histories, literatures, arts, cultural practices,
religious and spiritual beliefs and institutions, including terminologies considered
sacred; inappropriate or misleading use of their symbols, marks, insignia or other
indigenous images. A show proponent that will make use of any of the foregoing
which are endemic to a particular IP community shall hold consultations with the
latter to address the following:
a) whether the indigenous material, terminology, belief or practice,
among others stated above, to be utilized for the show is
considered sacred by the concemed IP community and it will be


culturally insensitive to make use of, or make alterations to, the
same;

b) whether the show is educational, historical or documentary, in
which case, the show proponent should take measures to avoid
misrepresentation, distortion or inappropriate use. If the show
will be made solely for entertainment purposes, certain leeway
may be accorded to the show proponent in his/her usage
thereof: Provided, That a disclaimer to the effect that the show
is a work of fiction and that certain liberties have been taken
shall be exhibited at the beginning of the show; and

©) whether the material to be utilized is protected by the laws on
copyright, in which case intellectual property rights appurtenant
thereto shall be duly observed.

In all cases of utilization of the histories, literatures, arts, cultural practices,
religious and spiritual beliefs and institutions of the IPs, including terminologies
considered sacred, their symbols, marks, insignia or other indigenous images by the
show proponent, whether or not the same is covered by the laws on copyright, the
Free and Prior Informed Consent (FPIC), as defined under Republic Act No. 8371
(IPRA), of the IP community concerned should always be first had. Accordingly, a
Memorandum of Agreement shall be entered into by the show proponent and the
concerned IPs wherein the latter may negotiate for terms beneficial to them.

SECTION 2. — All laws, decrees, letters of instructions, resolutions, orders, ordinances, of
parts thereof which are inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

SECTION 3. Effectivity. ~ This Act shall take effect fifteen (15) days after its publication in
the Official Gazette ot in a newspaper of general circulation.

Approved,