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Republic of the Philippines | 18 i

HOUSE OF REPRESENTATIVES i tk 20146 H
Quezon City, Philippines Py

SIXTEENTH CONGRESS en Hopi

First Regular Session

House iLL No. 4218

INTRODUCED BY: REP. TEDDY BRAWNER BAGUILAT

EXPLANATORY NOTE

Article XIV, Section 15 of the 1987 Philippine Constitution provides that “Arts
and Letters shall enjoy the patronage of the State. The State shall conserve,
promote, and popularize the nation's historical and cultural heritage and resources,
as well as artistic creations.” In view thereof, Executive Order No. 255 series of
1987 decrees the broadcast of a minimum of four (4) Original Pilipino Musical
Composition in every clockhour of a program with a musical format. Furthermore,
Republic Act No. 7356 created the National Commission for Culture and the Arts,
including the National Committee on Music. However, despite these enactments,
the popularization of OPM among Filipinos, more so its viability as a sustainable
effort by Filipino composers, musicians, producers, performers, remains a colossal
challenge. Now more than ever, where foreign artists dominate the local concert
scene, where there is no month in a year where a foreign artist would be holding a
performance in the Philippines, where foreign artists compete with each other
completely obliterating any competition from local artists, should the Philippines take
measures to support and promote its local artists and prevent the imminent death of
OPM.

Immediate approval of this measure is earnestly requested.

REP. TEODY BRAWNER BAGUILAT
Representative
Ifugao Province


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SIXTEENTH CONGRESS
First Regular Session

House BiLLNo.__4218

INTRODUCED BY: REP. TEDDY BRAWNER BAGUILAT

EXPLANATORY NOTE

Article XIV, Section 15 of the 1987 Philippine Constitution provides that “Arts
and Letters shall enjoy the patronage of the State. The State shall conserve,
promote, and popularize the nation’s historical and cultural heritage and resources,
as well as artistic creations.” In view thereof, Executive Order No. 255 series of
1987 decrees the broadcast of a minimum of four (4) Original Pilipino Musical
Composition in every clockhour of a program with a musical format. Furthermore,
Republic Act No. 7356 created the National Commission for Culture and the Arts,
including the National Committee on Music, However, despite these enactments,
the popularization of OPM among Filipinos, more so its viability as a sustainable
effort by Filipino composers, musicians, producers, performers, remains a colossal
challenge. Now more than ever, where foreign artists dominate the local concert
scene, where there is no month in a year where a foreign artist would be holding a
performance in the Philippines, where foreign artists compete with each other
completely obliterating any competition from local artists, should the Philippines take
measures to support and promote its local artists and prevent the imminent death of
OPM.

Immediate approval of this measure is earnestly requested.

REP, TEDDY BRAWNER BAGUILAT

Representative
Ifugao Province


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

INTRODUCED BY: REP. TEDDY BRAWNER BAGUILAT

AN ACT PROVIDING FOR THE PROMOTION, PROTECTION AND
DEVELOPMENT OF THE PHILIPPINE MUSIC INDUSTRY AND FOR OTHER
PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “OPM Development
Act of 2014"

SECTION 2. Declaration of Policy. ~ It is hereby declared the policy of the
State to support original Filipino Music and guard against preferential treatment of
foreign music in the Philippines to the detriment of the Philippine Music Industry.

SECTION 3. Definition of Terms. — As used in this Act:

(a) Accreditation” shall mean the in-depth assessment of an artist-performer guild
or artist-composer guild with particular focus on whether it is able to look
after and promote the welfare of its members.

(b) “Artist” shall refer to any person who acts, composes, conducts, creates,
dances, delivers, declaims, plays, sings or otherwise performs a musical
composition.

(c) “Broadcast shall refer to either wire or wireless transmission of sounds and/or
images to the general public.

(d) "Broadcasting Organization” shall refer to proprietorships duly authorized to
engage in broadcasting activities.

(e) “Equity Fees” shall refer to fees collected as remuneration for the
displacement of Filipino performers by foreign performers.


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(f) “Lead Artist’ shall refer to the artist/s top billing a performance.

(g) “Minor Artist” shall refer to back-up singers, dancers, musicians or any other

artist in a performance other than the Lead Artists.

(h) “Original Pilipino Music or OPM" shall refer to a musical composition originally

created, composed or performed by a Filipino

(i) “Performance” shall refer to the live or recorded staging of an artist's talents.

() “Performance Workers” shall refer to crewmembers or any person who works,

helps or assists in the staging of a performance, other than an artist.

(k) ‘Performer’ shall refer to an artist belonging to any of the following classes or

categories: singer, musician, theater actor, dancer and other similar
classes or categories.

SECTION 5. Strengthening the National Committee on Music. - The
National Committee on Music ("NCM"), under the Subcommission on the Arts of the
National Commission for Culture and the Arts (“Commission”), shall have the
following additional powers and functions:

(a)

(d)

(e)

Provide guidelines and regulate all domestic and foreign producers and
events or concert organizers intending to bring into the Philippines
foreign artists who will present or stage a public performance of
musical works;

Determine the amount of and collect equity fees, which shall be
adjusted from time to time, from all foreign lead artists, minor artists
and performance workers in accordance with this Act;

Devise a system of and grant Tax Credits to Broadcast Organizations
in accordance with this Act;

Review and provide for a system of payment of royalties to Filipino
creators and owners of original musical works; and

Devise and administer an Accreditation System for artist-performer and
artist-composer guilds.

SECTION 6. Accreditation of Guilds. - The NCM shall accredit only one
guild per category or class of performer or artist. The accreditation given to a guild
pursuant to this Act shall be valid for only two (2) years and may be renewed yearly

thereafter.


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SECTION 7. Permanent Seats in the Executive Council of the NCM. —
One representative from any of the duly-accredited performers’ guilds and one
representative from the duly-accredited composers’ guild shall each have a
permanent seat in the Executive Council of the NCM. The said representatives to the
Executive Council shall be chosen by the Commission

SECTION 7. Reciprocal Equity Fees, - The Equity fee chargeable to a
foreign lead artist, minor artist and performance worker shall be equivalent to the
amount being charged to a Filipino lead artist, minor artist and performance worker
in the country of origin or registered country of the said foreign artists or performance
workers

SECTION 8. Equity Fund, ~ The income from equity fee shall be constituted
into a Fund to be exclusively used for the benefit of local performers who are
members of any of the performers’ guilds duly-accredited by the NCM. The fund
shall be collected, administered and managed by the NCM in accordance with its
rules.

SECTION 9. Tax Credits. — All broadcasting organizations broadcasting a
minimum of four (4) Original Pilipino Music in every clock hour of a program shall be
entitled to a tax credit, the amount of which and the rules governing therefor shall be
provided by the NCM in consultation with the Bureau of Internal Revenue.

SECTION 10. Implementing Rules and Regulations. - The Commission
shall issue Rules and Regulations implementing this Act within thirty (30) days from
the effectivity hereof,

SECTION 11. Separability Clause. — If any section or part of this Act is held
unconstitutional or invalid, the other sections or provisions shall remain in full force
and effect.

SECTION 11. Repealing Clause. — All laws, decrees, executive orders, rules
and regulations, issuances or any part thereof, insofar as they are inconsistent with
the provisions of this Act, are deemed repealed

SECTION 12. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.