SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No, 3297

EXPLANATORY NOTE

Attempting to curtail the freedom of speech and expression is an act that
violates the very essence of freedom itself. While some sectors and individuals may
hold what is considered "alternative" forms of expression as a violation of cultural or
moral values, it is imperative that these "alternative" expressions be respected. An
idea or art should not be judged based on how it conforms to popular or political
thought. For as long as these artistic creation and expressions do not in any
substantive way lead to violence or grave danger to the State, all forms of speech
and expression should not be prohibited from exhibition. It is only through this type of
free and democratic environment that a society can actually come up with a
progressive understanding of the arts.

Nonetheless, the State also recognizes the need to come up with a system by
which the rights of the artist and the audience are both recognized and respected.
That is why the use of a proper classification system must be employed. The Movie
and Television Review and Classification Board is a body tasked to do so much
monitoring and policing. The board is restricted to classification, not censorship.

In view of the foregoing, passage of this bill is earnestly recommended.

RUFU$ B. ROD} EZ

ween leew JR.


‘SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo 8. Rodriguez, Jr.

House Bill No. 39977
AN ACT

AMENDING 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. The second paragraph, Section 2 of Presidential Decree No. 1986 is
amended to read:

No person shall be appointed to be a member of the BOARD , unless he is a
natura-born citizen of the Philippines, not less than twenty-one (21) years of age,
and of good moral character and of good standing in the community; Provided, that,
in the selection of the members of the BOARD due consideration shall be given to
such qualification as would produce a multi-sectoral combination of expertise in the
various area of motion picture and television; Provided, further, that at feast five (5)
members of the BOARD shall be a members of the Philippine Bar; Provided finally,
that at least fifteen (15) members of the BOARD SHALL BE ACTIVELY
PRACTICING MOVIE AND TELEVISION INDUSTRY PROFESSIONALS TO BE
NOMINATED BY LEGITIMATE ASSOCIATIONS REPRESENTING THE VARIOUS
SECTORS OF SAID INDUSTRY.

SEC. 2. Section 3 of the same Decree is amended to read:

(a) _ To promulgate such rules and regulations as are necessary or proper for the
implementation of this Act, and the accomplishment of its purpose and objectives
such rules and regulations shall take effect after fifteen (15) days following their
publication in newspapers of general circulation in the Philippines.

(b)__TO SUPERVISE, REGULATE AND GRANT, DENY OR CANCEL, PERMITS
FOR THE DISTRIBUTION, COPYING, SALE, LEASE, EXHIBITION, AND/OR
TELEVISION BROADCAST OF ALL MOTION PICTURES, TELEVISION
PROGRAMS, AND RELATED PUBLICITY MATERIALS INTENDED FOR
THEATRICAL EXHIBITION AND/OR BROADCAST ON TELEVISION

(c)__To screen, review and examine all motion pictures, TELEVISION
PROGRAMS, AND RELATED PUBLICITY MATERIALS INTENDED FOR PUBLIC
EXHIBITION IN THEATERS AND TELEVISION. WHETHER IMPORTED OR
PRODUCED IN THE PHILIPPINES, BEFORE THEY ARE EXPORTED, IMPORTED,
COPIED, DISTRIBUTED, SOLD, LEASED, EXHIBITED IN MOVIE HOUSES
ANDIOR BROADCAST ON TELEVISION. NO MOTION PICTURE, TELEVISION
PROGRAM, OR RELATED PUBLICITY MATERIAL; INTENDED FOR THEATRICAL
EXHIBITION AND/OR TELEVISION BROADCAST SHALL BE DISAPPROVED BY
REASON OF ITS TOPIC, THEME OR SUBJECT MATTER, SUBJECT TO SECTION
201, "OFFENSES AGAINST DECENCY AND GOOD CUSTOMS,” OF THE
REVISED PENAL CODE.


(d) TO CLASSIFY ALL MOTION PICTURES FOR THEATRICAL EXHIBITION
SUBMITTED FOR REVIEW, APPLYING, AS A GENERAL STANDARD,
CONTEMPORARY FILIPINO CULTURAL VALUES, INTO ANY OF THE
FOLLOWING CATEGORIES:

0)

(ii)

(ii)

(wy)

THE

GENERAL AUDIENCE (G), ALL AGES ADMITTED. —- For
MATERIALS THAT, IN THE JUDGEMENT OF THE BOARD,
CONTAIN NOTHING THAT WOULD BE DEEMED OFFENSIVE BY
PARENTS WHOSE YOUNG CHILDREN WERE TO VIEW THE
MATERIAL.

PARENTAL GUIDANCE - 13 (“PGI3") PARENTS STRONGLY
CAUTIONED. - FOR MATERIAL WHICH, IN THE JUDGEMENT OF
THE BOARD, GO BEYOND A “G” CLASSIFICATION IN THEME,
VIOLENCE, NUDITY, SENSUALITY, LANGUAGE, OR OTHER
CONTENTS BUT DO NOT QUITE FIT IN THE “STRICTLY FOR
ADULTS” (R) RATING. PARENTS ARE STRONGLY CAUTIONED
TO GIVE SPECIAL ATTENTION TO SUCH MATERIAL BEFORE
ALLOWING THEIR MINOR CHILDREN BELOW 13. MAY VIEW A
"PG-13" FILM ONLY IF ACCOMPANIED BY A PARENT OR AN
ADULT.

STRICTLY FOR ADULT (“R"), RESTRICTED TO OR PATENTLY
FOR ADULTS. - FOR MATERIAL WHICH, IN THE JUDGEMENT OF
THE BOARD, CONTAIN ADULT MATERIAL, VULGAR OR
PROFANE LANGUAGE, CONSIDERABLE SEX AND VIOLENCE,
SEXUALLY ORIENTED NUDITY, TOLERANT DEPICTION OF
ABERRATION BEHAVIOR, DRUG USE, OR A COMBINATION OF
ALL OF THE ABOVE. NO ONE BELOW 18 SHALL BE ALLOWED TO.
WATCH MATERIAL WITH AN " R “ CLASSIFICATION.

NOT FOR PUBLIC VIEWING, IN THE JUDGEMENT OF THE BOARD
ARE CONTRARY TO LAW, PUBLIC ORDER, PUBLIC SAFETY, OR
A LEGITIMATE PUBLIC INTEREST, SUBJECT TO SECTION 4,
SUBSECTION (c), “PROCEDURE FOR ENFORCEMENT OF “x”
CLASSIFICATION AS HEREIN AMENDED.

CLASSIFICATION IS TANTAMOUNT TO A_ BAN ON A FILM'S

THEATRICAL DISTRIBUTION BEFORE THE BOARD ISSUES AN “ X “ RATING

(i)

(ii)

THE AVERAGE PERSON, APPLYING CONTEMPORARY
COMMUNITY STANDARDS, WOULD FIND THE DOMINANT THEME
OR THE WORK, TAKEN AS A WHOLE APPEALS TO PRURIENT
INTEREST AND SATISFIES ONLY THE MARKET FOR
GRATUITOUS SEX AND/OR VIOLENCE; OR

THE WORK DEPICTS, IN A PATENTLY LEWD, OFFENSIVE, OR
DEMEANING MANNER, EXCRETORY FUNCTIONS AND SEXUAL
CONDUCT SUCH AS ULTIMATE SEXUAL ACTS (NORMAL OR
PERVERTED, ACTUAL OR SIMULATED), MASTURBATION, AND
EXHIBITION OF THE GENITALS: OR THE WORK, TAKEN AS A
WHOLE AND VIEWED WITHIN ITS CONTEXT, MANNER OF
PRESENTATION, INTENTION, AND CULTURE, LACKS SERIOUS
LITERARY, ARTISTIC, POLITICAL, OR SCIENTIFIC VALUE.

VENUES THAT DO NOT FALL UNDER THE JURISDICTION OF THE
MTRCB MAY EXHIBIT MOTION PICTURES CLASSIFIED “x”,
PROVIDED, THAT, SUCH VENUES STRICTLY OBSERVE NON-
ADMISSION OF MINORS; PROVIDED FURTHER, THAT THESE
VENUES SHALL NOT IN ANY WAY BE COMPELLED TO EXHIBIT


SUCH “X-RATED FILMS, AND MAY REJECT AN “X” RATED FILM
FOR EXHIBITIONS.

(e) _TO CLASSIFY ALL TELEVISION PROGRAMS, MOTION PICTURES, AND
RELATED PUBLICITY MATERIALS INTENDED FOR BROADCAST ON
TELEVISION, APPLYING, AS A GENERAL STANDARD, CONTEMPORARY
FILIPINO CULTURAL VALUES, INTO ANY OF THE FOLLOWING:
(i) GENERAL AUDIENCE ("GP") SUITABLE FOR ALL AGES.
MATERIAL FOR TELEVISION WHICH, IN THE JUDGEMENT OF
THE BOARD, DO NOT CONTAIN ANYTHING UNSUITABLE FOR
CHILDREN AND MINORS, AND MAY BE WATCHED WITHOUT
ADULT GUIDANCE AND SUPERVISION;
(ii) | PARENTAL GUIDANCE (‘PG’), PARENTAL —_ GUIDANCE
SUGGESTED; SOME MATERIAL MAY NOT BE SUITABLE FOR
CHILDREN. - MATERIAL FOR TELEVISION WHICH, IN THE
JUDGEMENT OF THE BOARD, MAY CONTAIN ADULT MATERIAL
BUT MAY BE PERMISSIBLE FOR CHILDREN TO WATCH UNDER
THE GUIDANCE AND SUPERVISION OF A PARENT OR
RESPONSIBLE ADULT;
(iii) | DISAPPROVED FOR TELEVISION (‘ID"). - MATERIAL FOR
TELEVISION WHICH, IN THE JUDGEMENT OF THE BOARD, DO
NOT CONFORM TO THE “G" OR PG" CLASSIFICATION.

PROVIDED, THAT, TELEVISION NEWS PROGRAMS SHALL BE
EXEMPTED FROM REVIEW AND CLASSIFICATION; PROVIDED, FURTHER,
THAT MOTION PICTURES CLASSIFIED “PG-13", “R", AND “X" FOR THE
THEATRICAL EXHIBITION SHALL BE ALLOWED BROADCAST ON TELEVISION
ONLY WHEN MADE TO FIT INTO THE “G" OR “PG' CLASSIFICATION.

(f) TO STRICTLY ENSURE THAT ALL MOTION PICTURE TITLES, TRAILERS
AND PUBLICITY MATERIALS FOR THEATRICAL EXHIBITION AND BROADCAST
ON TELEVISION ARE MADE SUITABLE ONLY FOR A GENERAL PUBLICITY
MATERIALS FOR MOVIES AND TELEVISION THAT DO NOT FALL WITHIN SAID
“G" CLASSIFICATION SHALL NOT BE APPROVED FOR EXHIBITION IN
MOVIEHOUSES OR FOR BROADCAST ON TELEVISION.

IN CONSIDERATION THEREOF, THE FOLLOWING TITLES SHALL NOT

BE ALLOWED:
(i) DIRECT REPRESENTATIONS OF, OR CLEAR REFERENCES TO,
SEXUAL ACTS, MASTURBATION, EXCRETORY FUNCTIONS, AND.

THE GENITALIA;
(ii) THOSE WHICH, WHEN INTENTIONALLY MISPRONOUNCED FOR
PROMOTIONAL PURPOSES, BECOME DIRECT

REPRESENTATIONS OF, OR CLEAR REFERENCES TO, SEXUAL
ACTS, MASTURBATION, EXCRETORY FUNCTIONS, AND
GENITALIA;

(ii) | THOSE WHICH, NO MATTER HOW INNOCENT IN A PARTICULAR
PHILIPPINE DIALECT OR ANY IN ANY OTHER LANGUAGE BUT
ARE, IN THE FILIPINO LANGUAGE, DIRECT REPRESENTATIONS
OF, OR CLEAR REFERENCES TO, SEXUAL ACTS,
MASTURBATION, EXCRETORY FUNCTIONS, AND THE
GENITALIA; AND.

(iv) | THOSE WHICH ARE CONTRARY TO LAW, PUBLIC ORDER,
PUBLIC SAFETY, OR ANY LEGITIMATE PUBLIC INTEREST.


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(b)

(c)

FROM AMONG THEMSELVES. THE DECISION OF THE SUB-COMMITTEE
ON FIRST REVIEW SHALL BE RENDERED BY A MAJORITY VOTE OF
THE SUB-COMMITTEE MEMBERS SO DESIGNATED AND PRESENT
WITHIN THE DAY OF MATERIAL'S REVIEW. IN NO CASE SHALL THE
SUB-COMMITTEE ON FIRST REVIEW ARRIVE AT A DECISION WITHOUT
GIVING THE DIRECTOR, OR THE PRODUCER AND/OR
REPRESENTATIVE, A CHANCE TO PRESENT HIS CASE AND/OR
DEFEND HIS MATERIAL.

THE APPLICANT MAY FILE A MOTION FOR RECLASSIFICATION
AND/OR RECONSIDERATION WITHIN FIVE (5) WORKING DAYS FROM
NOTICE OF THE SUB-COMMITTEE ON FIRST REVIEW DECISION,
DURING WHICH TIME THE APPLICANT MAY, ON HIS OWN, AND
WITHOUT SUGGESTIONS FROM THE SUB-COMMITTEE, DELETE
SCENES, SHOT, OR LINES OF DIALOGUE IN ORDER FOR HIS
MATERIAL TO BE APPROVED, WITH SUCH VOLUNTARY DELETION TO
BE NOTED IN THE EXHIBITION PERMIT AS A SAFEGUARD AGAINST
ILLEGAL INSERTIONS.

THE SUB-COMMITTEE ON SECOND REVIEW. - THE CHAIRMAN OF THE
BOARD SHALL DESIGNATE A SUB-COMMITTEE ON SECOND REVIEW
WITHIN FIVE (5) WORKING DAYS UPON RECEIPT OF THE MOTION FOR
CLASSIFICATION AND/OR RECONSIDERATION, TO BE COMPOSED OF
FIVE (5) BOARD MEMBERS, TO CONDUCT A SECOND REVIEW OF THE
SUBJECT FILM, PRINT OR MATERIAL. ONE (1) MEMBER FROM THE
SUB-COMMITTEE ON FIRST REVIEW MAY BE REQUIRED TO SIT WITH
THE SUB COMMITTEE ON SECOND REVIEW AS AN OBSERVER AND/OR
CONSULTANT.

THE SUB-COMMITTEE ON SECOND REVIEW SHALL BE
PRESIDED OVER BY THE CHAIRMAN OR THE VICE-CHAIRMAN OF THE
BOARD, OR BY BOARD MEMBER DULY DESIGNATED BY THE
CHAIRMAN. THE DECISION OF THE SUB-COMMITTEE ON SECOND
REVIEW SHALL BE RENDERED BY A MAJORITY VOTE OF THE
MEMBERS SO DESIGNATED AND PRESENT WITHIN THE DAY OF THE
MATERIAL'S REVIEW. IN NO CASE SHALL THE SUB-COMMITTEE ON
SECOND REVIEW ARRIVE AT THE DECISION WITHOUT GIVING THE
DIRECTOR, OR THE PRODUCER AND/OR HIS REPRESENTATIVE, A
CHANCE TO PRESENT HIS CASE AND/OR DEFEND HIS MATERIAL.

THE DECISION OF THE SUB-COMMITTEE ON SECOND REVIEW
SHALL PREVAIL OVER THAT OF THE SUB-COMMITTEE ON FIRST
REVIEW.

THE DECISION OF THE SUB-COMMITTEE ON SECOND REVIEW
SHALL BE FINAL, UNLESS THE DECISION IS AN “X” CLASSIFICATION.

PROCEDURES FOR ENFORCEMENT FOR “X“CLASSIFICATION. - AN
APPLICANT WHO DISAGREES WITH AN “X” CLASSIFICATION FROM
THE SUB-COMMITTEE ON SECOND REVIEW SHALL HAVE A PERIOD OF
FIVE (5) WORKING DAYS FROM NOTICE OF THE SUB-COMMITTEE ON
SECOND REVIEW DECISION WITHIN WHICH TO FILE A WRITTEN
PROTEST OF SUCH CLASSIFICATION WITH THE BOARD. THE BOARD
SHALL HAVE A PERIOD OF TEN (10) WORKING DAYS FROM RECEIPT
OF SUCH PROTEST WITHIN WHICH TO FILE A PETITION WITH THE
REGIONAL TRIAL COURT TO ENJOIN THE DISTRIBUTION, COPYING,
SALE, LEASE, EXHIBITION, AND/OR TELEVISION BROADCAST OF THE
“X" RATED MOTION PICTURE, TELEVISION PROGRAM, AND/OR
PUBLICITY MATERIAL PERTAINING THERETO. THE PRAYER FOR A


TEMPORARY RESTRAINING ORDER IN SUCH PROCEEDING SHALL BE
RESOLVED BY THE REGIONAL TRIAL COURT WITHIN FIVE (5)
WORKING DAYS FROM THE FILING THEREOF, AFTER VIEWING THE
MATERIAL IN CONTROVERSY.

SHOULD NO JUDICIAL PROCEEDING BE FILED BY THE BOARD
OR SHOULD NO TEMPORARY RESTRAINING ORDER BE ISSUED
WITHIN THE PERIODS ABOVE INDICATED OR SHOULD THE PRAYER
FOR TEMPORARY RESTRAINING ORDER BE DENIED OR SHOULD THE
SAME LAPSE WITHOUT THE PRELIMINARY INJUNCTION BEING ISSUED
BY THE COURT, THE MATERIAL IN CONTROVERSY SHALL SUBJECT
TO THE FUTURE ORDERS OF THE COURT, BE REGARDED AS “R”
RATED AND ACCEPTED FOR EXHIBITION.

(d) | CONTENTS OF REVIEW DECISIONS - DECISIONS OF THE BOARD'S.
FIRST AND SECOND REVIEW SUB-COMMITTEES SHALL ALL BE IN
WRITING, COPIES OF WHICH SHALL BE MADE AVAILABLE TO
APPLICANT UPON HIS REQUEST, AND IN NO CASE TO BE DENIED HIM.

A DECISION DISAPPROVING A FILM IN MUST EXPLAIN THE
INTENTION, CONTEXT, MANNER OF PRESENTATION, AND CULTURE
INVOLVED.

A DECISION SHALL NOT, IN ANY MANNER, IMPLY OR SUGGEST
SPECIFIC DELETIONS OR CUTS OF SCENES, SHOTS OR DIALOGUE
FOR RE-CLASSIFICATION OR RECONSIDERATION TO BE ARRIVED AT.
THE DIRECTOR / PRODUCER / DISTRIBUTOR, GIVEN THE RIGHT TO.
INQUIRE WHY AND HOW DECISION HAS BEEN MADE, IS ALLOWED TO.
RE-EDIT HIS MATERIAL WITHOUT PRESSURE FROM THE BOARD. IN
ORDER FOR HIM TO OBTAIN HIS PREFERRED CLASSIFICATION, THE
VOLUNTARY DELETIONS SHALL BE NOTED DOWN IN THE EXHIBITION
PERMIT TO SAFEGUARD AGAINST ILLEGAL INSERTIONS.

SEC. 4. Section 8 of the same Decree is hereby amended to read as follows.

Section 8. Posting or Display of Certificate or Label.

(a) FOR MOTION PICTURES - A COPY OF THE EXHIBITION PERMIT SHALL
BE PROMINENTLY POSTED AT THE TICKET BOOTH OF ALL THEATERS
WHERE THE MOTION PICTURE IS EXHIBITED. IN ADDITION, THE
BOARD CLASSIFICATION OF THE MOTION PICTURE SHALL BE
DISPLAYED ON A THREE (3) FEET-HIGH "STANDEE” IN THE THEATER
LOBBY. THE CLASSIFICATION SHALL LIKEWISE BE ANNOUNCED IN
ALL OF THE FILM'S FIELD ADVERTISEMENTS AS SOON AS SUCH
CLASSIFICATION IS OBTAINED.

(b) FOR TELEVISION PROGRAMS - AN ADVISORY TO THE EFFECT THAT
THE PROGRAM REQUIRES PARENTAL GUIDANCE SHALL BE SHOWN
IMMEDIATELY BEFORE THE OPENING CREDITS OF THE PARTICULAR
TELEVISION MATERIAL CLASSIFIED AS SUCH. THE PHRASE
“PARENTAL GUIDANCE” SHALL BE SUPERIMPOSED ONSCREEN
THROUGHOUT THE SHOWING OF THE TELEVISION MATERIAL
CLASSIFIED AS SUCH

SEC. 5. Section 9 of the same Decree is hereby amended to read as follows:

‘Section 9. Admission in Movie Houses or Theaters.

(a) | FOR FILMS CLASSIFIED “PG-13" - IT SHALL BE UNLAWFUL FOR ANY
CHILD BELOW THIRTEEN YEARS OF AGE TO ENTER, TO
MISREPRESENT OR MAKE USE OF ANY FALSE EVIDENCE ABOUT HIS.


(b)

OR HER AGE, IN ORDER TO GAIN ADMISSION INTO A MOVIEHOUSE OR
THEATER SHOWING A_ MOTION CLASSIFIED AS ‘“PG-13"
UNACCOMPANIED BY A PARENT OR AN ADULT. IT SHALL ALSO BE
UNLAWFUL FOR ANY EMPLOYEE OF A MOVIEHOUSE OR THEATER TO.
SELL TO, OR RECEIVE FROM, AN UNACCOMPANIED CHILD BELOW
THIRTEEN YEARS OF AGE ANY ADMISSION TICKET TO THE
EXHIBITION OF MOTION PICTURES CLASSIFIED AS “PG-13.”

FOR FILMS CLASSIFIED “STRICTLY FOR ADULT (“R”) - IT SHALL BE
UNLAWFUL FOR ANY PERSON BELOW EIGHTEEN YEARS OF AGE TO
ENTER, TO MISREPRESENT OR MAKE USE OF ANY FALSE EVIDENCE
ABOUT HIS OF HER AGE IN ORDER TO GAIN ADMISSION INTO A
MOVIEHOUSE OR THEATER SHOWING A_ MOTION PICTURE
CLASSIFIED BY THE BOARD AS “STRICTLY FOR ADULTS.” IT SHALL
ALSO BE UNLAWFUL FOR ANY EMPLOYEE OF A MOVIEHOUSE OR
THEATER TO SELL TO, OR RECEIVE FROM ANOTHER PERSON KNOWN
TO THE FORMER TO BE BELOW EIGHTEEN YEARS OF AGE ANY
ADMISSION TICKET TO THE EXHIBITION OF MOTION PICTURES
CLASSIFIED AS “STRICTLY FOR ADULT.” IN CASE OF DOUBT, AS TO
THE AGE OF THE PERSON SEEKING ADMISSION, THE LATTER SHALL
BE REQUIRED TO EXHIBIT A RESIDENCE CERTIFICATE OR OTHER
SUCH PROOF OF AGE.

SEC. 6. Penalties - Any person who violates any provision of this act or any
regulation thereunder, shall be liable on conviction to imprisonment for a term not
exceeding three years or a fine of not less than ten thousand pesos (pi0, 000.00) or

both,

SEC. 7. Repealing Clause - All laws, presidential decrees, executive orders, rules
and regulations or parts thereof inconsistent with the provision of this act are hereby
repealed or modified accordingly.

SEC. 8. Effectivity- This act shall take effect fifteen (15) days after its publication in
at least two (2) newspapers of general circulation.

Approved,