Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Philippines

Fifteenth Congress
First Regular Session

Introduce by the HONORABLE BERNADETTE R. HERRERA-DY

EXPLANATORY NOTE.

‘The Mave and Television Review and Classification Board (MTRCB) which was created under
Presidential Decree No. 1986 was tasked, among others, to: APPROVE, DISAPPROVE OR PROHIBIT
the importation, exportation, sale, exhibition and/or tetevision broadcasts of movies or motion
programs which are objectionable for being immoral, indecent, contrary to law and/or good
customs, injurious to the prestige of the Republic of the Philippines or its people, or with dangerous
tendency to encourage the commission of violence or of a wrong or crime; GRANT, DENY or CANCEL
PERMITS for the Importation, exportation, production, copying, distribution, sale, exhibition, and/or
television broadcast of such movies or motion pictures and television programs; CLOSE
MOVIEHOUSES and other similar establishments engaged im the public exhibition of such movies or
‘motion pictures and television programs; and CAUSE the PROSECUTION of violators of the Decree.

Notwithstanding the clear and unequivocal provisions of the Decree, the MTRCB has not
shown a determined, positive and sustained effort to exercise and uphold its powers, so that it is of
public knowledge that the production, importation, distribution, sale, exhibition and showing in
Mowe houses and similar establishments including television broadcasts of movies, television shows
‘and programs, which are immorat, Indecent, contrary to law and/or good customs, encourage the
‘commission af, or cater to, violence, or glorify criminals, has continued unabated to the detriment of
the people, especially our youth and the family. Let us put special attention and concem to the
preservation and upliftment of our moral values for the sake of our country and our people. Surveys:
have shown that the commission of many crimes against chastity, persons and property are
influenced by such kind and quality of movies being produced, sold, distributed and exhibited, and
television shows and programs being shown. On thés premise alone, the MTRCB has miserably faded


to carry out its mandate, hence, its existence and continued operation has become USELESS.
Consequently, it must be ABOLICHED NOW.

‘This Gil, therefore, seeks the abolition of the MTRCB and the creation in its stead of a
COMMISSION, which is not directly under the Office of the President of the Republic of the
Philippines, with Jess membership than the MTRCB, but with more stringent provisions to enable
to effectively carry out its mandate.

‘The immediate passage of this Bill is therefore earnestly requested.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Phikippines

Fifteenth Congress
First Regular Session

Introduced by the HONORABLE BERNADETTE R. HERRERA-DY

AN ACT
CREATING THE MOVIE AND TELEVISION CONTROL COMMISSION, ABOUISHING THE MOVIE,
AND TELEVISION REVIEW AND CLASSIFICATION BOARD, AND FOR OTHER PURPOSES

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

‘Section 1. Declaration of Policy. It is the policy of the State to value the dignity of every
human person, promote and protect the moral, spiritual and social well-being of its citizens
‘especially the youth, and develop moral character and personal discipline. Toward this end, the
Stare shall see to it that only movies and television shows or programs which are not immoral,
indecent, contrary to law or gaod customs, do not encourage the commission of or cater to crime or
violence or glorify criminals, are produced, imported, exported, distributed, sold, shown or
exhibited, realizing the great influence and impact that movies and television shows or programs.
have on the minds and lives of people.

‘Section 2. Creation. ~ There is hereby created a Movie and Television Control Comméssion,
hereinafter referred to as the COMMISSION, which shall have its principal office within Metro
Manila,

Section 3. Composition, Qualification and Compensation. - The COMMISSION shall be
‘composed of a Chairman, 2 Vice-Chairman and fifteen (15) members who shall be appointed by the
President of the Repubiic of the Philippines. The Chairman and Vice-Chairman shall serve for aterm
of three (3) years, while the Members shall serve for a term of two (2) years; Provided, that they
shall be eligible for re-appointment after the expiration of their term; Provided, further, that if any


of them fails to complete his term, the person appointed to fill the vacancy shall serve only for the
unexpired portion of the term of the COMMISSION member whom he succeeds.

No person shall be appointed to the COMMISSION, unless he is a citizen of the Philippines, at
feast thirty (30) years of age, of good moral character and standing in the community, not 2
stockholder, officer, officer partner or owner of any television station, or any entity engaged in the
Production, sale distribution,, importation, exportation, showing or exhibition of any movie, not
related to the President of the Republic of the Philippines, or with the President or owner of any
entity engaged In the production, sale, distribution, importation, exportation, showing or exhibition
of movies, or to the President or owner of a television station, by affinity or consanguinity within the
fourth civil degree; Provided, that the Chairman should be a member of the Integrated Bar of the
Philippines and the Vice-Chairman should be head or leader of a Church, Religion or religious
organization or an established non-partisan non-govemment organization; Provided, further, that
‘the fifteen (15} members shall come from the following sectors: five (5) from the religious sector,
four (4) from the movie and television industry, three (3) from the academe, and three (3) from the
business community, other than the movie and television industry.

‘The Chairman of the COMMISSION shall have a rank equivalent to a Cabinet Undersecretary white
the Vice-Chairman and the fifteen (15) members shall have a rank equivalent to a Department Head,
and as such they shall receive salaries, allowances and other benefits corresponding to such
Positions.

Section 4. Powers and Functions. - The COMMISSION shall have the following functions,
Powers and duties:

a} To promulgate rules and regulations necessary or proper for the effective
implementation of this Act and accomplishment of its purposes, and for the discharge of
its powers and functions;

b) To screen, review, examine, approve and issue permits for showing or exhibition,
Production, sale, copying, distribution, importation or exportation of movies or motion
pictures;

¢)_ To delete any portion, or disapprove or prohibit the production, showing or copying,
exhibition, induding television broadcast, sale, distribution, importation or exportation,
of any mavie or motion picture, as weil as the showing of television shows or programs,
‘which In the judgment of the COMMISSION is immoral, indecent, cortrary to law and/or


ed

4)

good customs, encourages the commission of or caters to crimes, violence or glorify
qaiminals; Provided, that such deletion or cuts must be made on the master negative of
the films and such master negative shall be deposited with the Films Archives of the
Philippines which shall not be returned to the film owner except upan Court order;

To disapprove or prohibit the production, showing or exhibition, sale, lease or
distribution of motion pictures or television shows or programs which deal with the
\raffic in or use of prohibited drugs, including those which pertain to cases pending in
court oF quastjudicial bodies or tribunals; Provided, that the mavie or motion picture
disapproved under this paragraph and the immediately preceding paragraph shall not be
returned to the owner thereof but shall be deposited with the Films Archives of the
Philippines which shall not be returned to the owner thereof except upon court order;
To deny or cancel, permits for the importation, exportation, production, copying,
distribution, sale, lease, exhibition and/or television broadcast of all motion pictures or
television programs and public materials which fall under the paragraphs c and d of this
Section;

To dase or censure movie houses and other similar establishments which are found
showing of exhibiting movies or motion pictures without permit from the COMMISSION,
‘oF previously disapproved or prohibited for showing or exhibition by the COMMISSION
‘or which contains or includes any partion aut or deleted or ordered to be cut or deleted
bby the COMMISSION under paragraph ¢ of this section;

‘To dassify motion pictures, television programs and similar shows into categories such
as “G" or “For General Patronage” (all ages admitted), “P’ or “Parental Guidance
Suggested,” “R” “Restricted” (for adults only) or such other categories as the
COMMISSION may determine for the public interest;

To inspect by itself or through its duty authorized representative all public exhibitions of
‘any movie or motion picture or other materials in movie houses, theaters or other public
establishments and immediately seize any artide not approved for showing by the
COMMISSION or deleted by it, and to cause the prosecution, on behalf of the People of
the Philippines, or violators of this Act;

To fevy, asses and collect, and periodically adjust and revise the rates of, fees and
charges for the screening, review and examination of movies or motion picture,
television shows or programs and other materials, and for the Issuance of licenses and
Permits which the COMMISSION is authorized to grant or Issue in the exercise of its
Powers and functions;


3) To call on or deputize any law enforcement agency for assistance in the exercise of its
Powers and functions and the enforcement of its decisions or orders;

K)_ To promulgate its internal and operational procedures including the creating and vesting
‘of authority upon sub-committees of the COMMISSION for the screening, review and
‘examination of movies or motion pictures and television programs; and

To exercise such other powers as may be necessary or incidental to the attainment of
the objectives of this Act.

Section 5. Decision. — The COMMISSION shall render its decision, elther approving or
disapproving and/or prohibiting the showing or exhibition or deleting or cutting off of a
portion or part of, a movie or a mation picture, or other materia within ten (10) days from
the date of receipt by the COMMISSION of such movie, or motion picture, television
Program, or material for examination and review. The Chairman of the COMMISSION shall
designate a sub-committee composed of three {3} members of the COMMISSION to
undertake such examination and review. Any decision taken which shal be in writing must
be approved by 2 majority of the sub-committee members so designated subject to final
approval by the Chairman of the COMMISSION upon recommendation by the Vice-
Chairman. n case the decisaion is for disapproval or deletion, the same shall state the
grounds thereof. Within five {5} days from receipt of the written decision of the sub-
committee disapproving or deleting a portion or part of the movie or motion picture,
television program or ather materials examined and reviewed, the aggrieved party may file a
written mation for reconsideration, whereupon the Chairman of the COMMISSION shal
designate a special sub-committee composed of five {5} members which shall include the
Vice-Chairman of the commission. Any decision of such special sub-committee must be
approved by a majority of the members thereof, which decision shall be final and ne further
motion for reconsideration or appeal shall be entertained.

‘Section 6. The Chairman. — The Chairman of the COMMISSION shall be its Chief
Executive Gfficer who shall have the folowing functions, powers and duties:
a) Execute, implement and enforce the decisions, orders, rules and regulations
issued by the COMMISSION;
'b) Direct and supervise the operations and internal affairs of the COMMISSION:


©) Determine and establish the organizational structure and staffing pattern,
including the administrative procedures af the COMMISSION and recommend to
the COMMISSION the appointment of necessary personn

4) Collect and enforce by ail legal means the collection of the fines awarded under
Section 19 of this Act; and

e} Exercise such other powers and functions and perform such durties as may be
necessary oF incidental in attaining the objectives of this Act.

‘The Chief Executive Officer shail be assisted by the Vice-Chairman of the COMMISSION.

‘Section 7. Examination and Review. - Only the members, Chairman and Vide-
Chairman of the COMMISSION and such persons as may be authorized by the COMMISSION
shall be allowed inside the screening room during the examination and review of any movie
or mation picture, television program or ary material submitted to the COMMISSION for the
purpose; n Provided, that before each review session, the distributor or producer shall
submit to the COMMISSION a sworn statement declaring the exact number of prints made
for the mavie or motion picture or material to be examined or reviewed and that the same Is
‘not among those prohibtted under Section 4-c and 4-4 of this Act; Provided further, that any
false declaration made shail subject the distributor or producer concerned to criminat
ability.

Section 8. Unauthorized Showing or Examination. - It shall be unlawful for any
Person or entity to exhibit or show, ar cause the exhibition or showing in any moviehouse,
theatre or public place or by television any movie or motion picture, television any movie or
‘motion picture, television program or material, including trailers, and stills for lobby diaplays
in connection thereto not previously approved for showing or exhibition by the
COMMISSION.

Section 9. Posting and Display of Cestificate of Approval. - The movie or motion
picture exhibitor shall post and/or display the certificate or label of approval or disapproval
of such movie or motion picture by the COMMISSION including the Gassification thereof as
provided under Section 4-g of this Act at conspicuous places near the entrance to theaters,
moviehouses or other places of showing or exhibition.


Section 10, Admission to Mowiehouses or Theaters. - It shall be unlawful for any
person below eighteen (18) years of age to enter, or misrepresent his age to gain entrance
of admission into, a moviehouse or theater showing a movie or motion picture dlassified as
‘RT “Restricted” or “For Adults Only” by the COMMISSION. It shall also be unlawful for any
employee of a moviehouse or theater to sell tickets to, or allow the admission of, any person
below eighteen (18) years of age to view such class of movies or mation pictures. In case of
doubt as to the age of any person, he shall be required ta present any proof of his age,
failing in which he shall not be sold such ticket and shall be denied admission.

Section 12. Definition of Terms. — For purposes of this Act, the terms movies or
motion picture, television broadcast, general viewing, an adult, and review session shall
carry the same meaning as provided for under Section 10 of Presidential Decree Na. 1986.

Section 12. Abolition of the Movie and Television Review and Classification Board.
= The Movie and Television Review and Classification Board {MTRCB) created under
Presidential Dectee No. 1986 is hereby abolished and its Powers and Functions, Including the.
corresponding balances of appropriations, sinking funds, records, equipments, properties,
‘and such personnel as may be necessary are hereby transferred to the COMMISSION. All
personnel affected by the abolition shal be deemed separated from service, unless
reappointed by the COMMISSION. Any affected officer or employee not reappointed, o
‘who refuses to be reappointed shal be paid the money value of his accumulated vacation
and sick leaves and such retirement benefits as may be due him under existing laws;
Provided, that any person not quaitfied for retirement shall be paid a gratuity of one
month's salary for every year of service, a fraction of six months being considered as ane
whole year, payable in lump sum based on the highest monthly received.

The incumbent officers and personnel of the MTRCB shall continue to perform their
duties and functions in a hold-over capacity, untit the Chairman and at least eight members
of the COMMISSION shall have beenappointed and qualified.

Section 13. Organization and Personnel. — The COMMISSION shalt have the power
to suspend or dismiss for cause any employee and/or approve or disapprove the
appointment, transfer or detail of employees. {tt shall appoint a Secretary of the
COMMISSION who shall be the custodian of the records of the meetings of the


COMMISSION and who shatl perform such other duties and fur
the COMMISSION.

‘Section 14. Applicability of the Chil Service Law. - The COMMISSION and its
officers and emplayees shall be subject to the Civil Service Law, rules and regulations.

Section 15. Audit. - The COMMISSION shall be audited by the Commission on Audit
which shall prepare and submit to the COMMISSION an annual report and such other
reports as may be required under the existing rules and regulations on the matter.

Section 16. Annual Report. - The COMMISSION shall, within two (2) months after
the end of every fiscal year, submit its annual report to the President, which report shall
contain, among others, a statement of the COMMISSION'S accomplishments together with
its plans and recommendations for the year.

Section 17. Fund. - Notwithstanding any provision of law, rule, regutation,
executive or administrative order to the contrary, there is hereby established a Fund to be
administered by the COMMISSION which shal be at the immediate disposal of the
COMMISSION to be used exclusively for the operational and administrative expenses of the
COMMISSION and for the acquisition of necessary Facilities.

‘Section 18. Budget. - The budget for the MTRCB as of the effectivity of this Act shall
bbe the budget of the COMMISSION. Thereafter, the budget of the COMMISSION shall be
included in the annual Genaral Appropriations Act.

Section 19. Penal Clause. - Any person who violates any provision of this Act
and/or the implementing rules and regulations that may be issued by the COMMISSION,
shall, upon conviction, be punished by imprisonment of not less than three (3) years and 3
fine of not Jess than Two Hundred Thousand Pesos (P200,000.00) nor more than Five
Hundred Thousand Pesos (PS00,000.00} which fine shall form part of the Fund created under
Section 17 of this Act; Provided, that such penalty shall be imposed whether the guilty
Person is a principal, accomplice or accessory; Provided further, that if the violation is
committed by a juridical person, the President, Generat Manager, Secretary, Treasurer,
Partner, and Members of the Board of Directors thereof shall be held criminalty able and


‘the fine herein provided shall be imposed upon them individually; Provided furthermore,
that if the offender is an afien, he shall, after serving his sentence, be deported immediately
‘without further proceedings; Provided finally, that the provisions of the Probation Law shall
not apply to any person convicted for any violation of this Act.

Section 20. Repealing Clause. - Any law or provision of law, decree, executive or
administrative order, rule or regulation inconsistent with this Act is hereby repealed,
amended or modified accondingty.

Section 21. Separability Clause. - if for any reason any section or provision of this
‘Act, or any portion thereof, or the application of such section or provision thereof is irmvatid
‘oF unconstitutional, the remaining provisions of this Act shail not be affected by such
declaration and shall remain in force and effect.

Section 22, Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.