NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s.No. 836
% ^£V,dU
ot tin?
•22 JUL25 PI 31
RtlCEiVi'D BV,
Introduced by Senator Loren B. Legarda
AN ACT
CREATING THE MUSIC DEVELOPMENT COUNCIL OF THE PHILIPPINES, 
DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS 
THEREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The 1987 Philippine Constitution mandates that arts and culture shall enjoy the 
patronage of the State and shall conserve, promote, and popularize the nation's 
historical and cultural heritage and resources, as well as artistic creations. One of the 
most enduring and pervasive forms of Philippine arts is our original Filipino music.
Filipino music has been a part of our culture since our native ancestry. Folk 
tunes like the Himig Iloko and Nicanor Abelardo's lyrical kundiman held space in our 
culture and creative consciousness. Today, Filipinos enjoy Original Pilipino Music or 
OPM from foreign influences to our local music scene.
During the COVlD-19 pandemic, Filipinos have resorted to music to cope with 
the sudden distraught in our daily lives. With this, our musical artists are instrumental 
in survival.
This measure aims to establish the Music Development Council of the 
Philippines to boost the music industry's contributions to our cultural landscape, 
societal development, and economic growth.


t 
t
The approval of this proposed measure is earnestly sought.
N LEGARDA


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No. 836
oUW: 
a-ftfUT
•22 JUL25 PI 31
RECEIVi.D BV
Introduced by Senator Loren B. Legarda
AN ACT
CREATING THE MUSIC DEVELOPMENT COUNCIL OF THE PHILIPPINES, 
DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS 
THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
1 
CHAPTER 1
2 
GENERAL PROVISIONS
3 
Section 1. Title. - This Act shall be known as the "Philippine Music Industry Act
4 
of2022".
5 
Sec. 2. Declaration of State Policy. - Pursuant to the constitutional guarantee of
6 
freedom of expression and protection and promotion of the Philippine musical
7 
heritage under the 1987 Constitution, it is hereby declared the policy of the State to
8 
recognize, protect and promote the country/s artistic and cultural heritage as
9 
expressed in all forms/types of music and protect the rights of the artists in the
10 
Philippine musical industry.
11 
CHAPTER II
12 
CREATION AND ORGANIZATION
13 
Sec. 3. Creation of the Music Development Council of the Philippines. - To carry out
14 
the provision of this Act, there is hereby created a Music Development Council of the
15 
Philippines, hereinafter referred to as Council, which will be lodged under the Office
16 
of the President.


1 
Sec. 4. Powers and Functions of the Council. - The Council shall have the following
2 
powers and functions:
3 
a. To craft and spearhead the implementation of a National Music Industry
4 
Development Plan and work for its adoption and implementation by the
5 
Council as well as appropriate government agencies;
6 
b. To encourage and undertake activities that actively promote the
7 
development of the Philippine music industry as a whole and promote its
8 
participation in both local and international markets;
9 
c. To develop and promote progiams to enhance the talents and skills of
10 
artists and various stakeholders such as but not limited to music theory,
11 
composition, sound production, and engineering, as well as financial
12 
literacy and business and marketing capability of Filipino artists;
13 
d. To work alongside the Department of Education in improving the state and
14 
quality of music education in the Philippines as part of M APEH (Music, Art,
15 
Physical Education, and Health) in the K-12 system;
16 
e. To establish and maintain a registry of music schools or similar institutions
17 
that provide musical instruction in the country;
18 
f. To establish, organize, operate, and maintain local and international music
19 
festivals, exhibitions, and other similar activities that will showcase 
and
20 
promote Filipino music;
21 
g- To link up with UNESCO's Creative Cities Network and help usher
22 
UNESCO Creative Cities of Music in the Philippines;
23 
h. To enhance the monitoring and implementation of the Intellectual Property
24 
Code with regards to the protection of works of Filipino artists;
25 
i. To establish and maintain baseline data with regards to the various
26 
segments of the music industry, such as but not limited to, job generation,
27 
revenue generation from sources including but not limited to domestic and
28 
export licensing, in partnership with the DOF, DTI, and NED A;
29 
j. To work with the National Commission on Indigenous Peoples (NCIP) on
30 
establishing and maintaining a national indigenous peoples' 
music
31 
database;


1 
k. To work with the National Commission for Culture and the Arts (NCCA)
2 
and the National Commission on Indigenous Peoples (NCIP) on the
3 
preservation of musical traditions in the Philippines;
4 
1. To work alongside the Department of Labor and Employment (DOLE) and
5 
the Department of Foreign Affairs (DFA) as well as other pertinent agencies
6 
in generating employment for artists both locally and abroad;
7 
m. To promote and industrialize the local production of musical instruments;
8 
n. To work alongside the Department of Science and Technology (DOST) and
9 
the NCIP to preserve, promote, and industrialize the creation of indigenous
10 
musical instruments such as but not limited to the kudyapi, kubing,
11 
kulintang, gabbang, gangsa;
12 
o. To provide technical assistance to local government units in organizing
13 
their own music festivals or activities that hinge upon Filipino music;
14 
p. To prescribe the procedures for the exercise of its power and functions as
15 
well as the performance of the CounciFs duties and responsibilities;
16 
q. To determine the CounciTs organizational structure and staffing pattern;
17 
r. To select and appoint officers and employees of the Council in accordance
18 
with Civil Service laws, rules and regulations;
19 
s. To acquire, manage, and hold such real and personal property as may be
20 
necessary to carry out the purposes and objectives of this Act;
21 
t. To invest funds and other assets in such activities or undertakings that shall,
22 
directly and indirectly, promote the development of the Philippine musical
23 
industry, including the recognition and protection of rights of industry
24 
workers and other stakeholders, including the intellectual property rights
25 
to all creations, and other rights and conditions as may be covered by this
26 
Act; and
27 
u. To perform such other functions as may be necessary to carry out the
28 
provisions of this Act.
29 
Sec. 5. The Organizational Structure of the Council. - The Council shall be
30 
composed of the following members:
31 
a. The Chairperson of the Council - The Chairperson shall be the head of the
32 
Council and its Chief Executive Officer, who shall ensure overall


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
administrative supervision to ensure the effective and efficient 
implementation of the policies laid down by the Council. The Chairperson, 
who shall have the rank and salary of an Undersecretary of a Department 
as provided for in the Salary Standardization Law, must possess the 
following qualifications:
i. 
The Chairperson shall have worked in the music industry for at 
least ten (10) years and be a person who possesses sound 
technical and administrative proficiency;
ii. 
The Chairperson should be knowledgeable of the technical and 
artistic aspects of any one or more forms of music as a formal 
discipline or of the business aspects of music as an industry;
iii. 
The Chairperson shall demonstrate integrity, independence, and 
have good moral character; and
iv. 
The Chairperson should be fully committed to the growth and 
development of Philippine music as an art and of Philippine 
music as an industry, as well as advancing the objectives and 
goals of this Council.
b. Roles and Functions of the Chairperson - The Chairperson shall have the 
following functions:
i. 
Execute and administer the policies, plans, and programs 
approved by the Council;
ii. 
Direct and supervise the operations and internal affairs of the 
Council;
iii. 
Establish the internal organization and administrative 
procedures of the Council;
iv. 
Recommend to the Council the appointment, transfer or detail, 
suspension, dismissal for cause of its officials and employees; and
V. Perform such other functions which the Council may assign.
c. The Council - The Council shall have eleven (11) members, five of whom 
shall be appointed regular members, while the other six shall be appointed 
in an ex-officio capacity;


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
11.
Regular Members of the Council - The five (5) regular members 
of this Council shall be as follows:
1. A duly authorized representative from a legally constituted 
musical artists' association;
2. A duly authorized representative from a legally constituted 
music producers' association;
3. A duly authorized representative from a legally constituted 
musical performers' association;
4. A duly authorized representative from a legally constituted 
music composers' association; and
5. A duly authorized representative from the academe.
Ex- Officio Members of the Council - The six (6) members who
shall be ex-officio members of the Council are the following:
1. The Secretary of the National Economic Development 
Authority or his/her duly designed representative;
2. 
The Secretary of the Department of Trade and Industry or 
his/her duly designed representative;
3. The Secretary of the Department of Labor and Employment or 
his/her duly designed representative;
4. The Secretary of the Department of Foreign Affairs or his/her 
duly designed representative;
5. The Secretary of the Department of Education or his/her duly 
designed representative; and
6. The Chairperson of the National Commission for Culture and 
Arts, or the Head of the National Subcommittee on Music 
under the Subcommission on the Arts.
d. Selection and Appointment of Chairperson and Regular Members - The 
Chairperson and the regular members of the Council shall be selected and 
appointed by the President from a shortlist submitted by an ad hoc selection 
committee formed by the President for the purpose of selecting the 
Chairperson and the regular members of the council.


1 
The ad hoc committee shall be composed of select members and duly
2 
authorized representatives of the musical artists7 associations, the musical
3 
producers7 association, and representatives from the academe, preferably
4 
from conservatories of music in the Philippines.
5 
Sec. 6. Term of Office. - The Chairperson and the three (3) regular members shall
6 
hold office for a term of three (3) years unless sooner removed by the President;
7 
Provided, that they shall be eligible for reappointment after the expiration of their
8 
respective terms; Provided, further, that no Chairperson or member shall serve for more
9 
than two (2) consecutive terms. If the Chairperson or any of the members fails to
10 
complete his/her term, the person appointed to fill the vacancy shall serve only for
11 
the unexpired portion of the vacated term who she/he succeeded; Provided, finally,
12 
that such service of the unexpired portion shall not be counted as a term.
13 
Sec. 7. Schedule of Regular Council Meetings. - The Council shall meet at least
14 
once a month or as often as necessary at the call of the Chairperson or a majority of
15 
the members of the Council.
16 
A majority of the members of the Council shall constitute a quorum to do
17 
business. The members of the Council shall be entitled to honoraria based on existing
18 
government accounting and auditing rules and regulations.
19 
CHAPTER III
20 
OPM BROADCASTING REQUIREMENT
21 
Sec. 8. Obligations of Radio Stations. - All radio stations that have programs with
22 
a musical format shall broadcast a minimum of four (4) original Pilipino musical
23 
compositions in every clock hour of a program with a musical format or shall
24 
cumulatively broadcast original Pilipino musical compositions for at least twenty
25 
percent (20%) of the total number of minutes dedicated to programs witli a music
26 
format per day, whichever is applicable. For purposes of this section, '"original Pilipino
27 
musical composition" shall refer to any musical composition created by a Filipino,
28 
whether the lyrics be in Filipino, English or in any other language or dialect.
29 
Sec. 9. Obligations of Television Stations. - All television stations that have
30 
programs with a musical format shall broadcast a minimum of four (4) original
31 
Pilipino musical compositions in every clock hour of a program with a musical format
32 
or shall cumulatively broadcast original Pilipino musical compositions for at least


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
twenty percent (20%) of the total number of minutes dedicated to programs with a 
musical format per day, whichever is applicable. For purposes of this section,''original 
Filipino musical composition" shall refer to any musical composition created by a 
Filipino, whether the lyrics be in Filipino, English or in any other language or dialect.
Sec. 10. Exception. - Sections 8 and 9 of this Act shall not apply when the radio 
station or TV station program substantially devotes its broadcast within the clock 
hour to a live event that is of national or local significance or is sanctioned by the 
Philippine government.
Sec. 11. Penalty. - Any franchise holder or operator of a radio station or 
television station which fails to broadcast the minimum number of original Filipino 
musical compositions in every clock hour of a program with a musical format shall be 
fined in the amount of Five Thousand Pesos (Php 5,000.00) per violation. The National 
Telecommunications Commission may, after due hearing, suspend or cancel the 
Certificate of Registration and Authority to operate any radio station in the event of 
repeated violations of this Act or its implementing rules and regulations.
CHAPTER P/
MISCELLANEOUS PROVISIONS
Sec. 12. Authority to Accept Donations. - The Council may accept donations, 
contributions, grants, bequests, or gifts, in cash or in kind, from various sources, 
domestic or foreign, except from producers and distributors for purposes relevant to 
the functions of the Council. The said donations shall be deemed automatically 
appropriated for purposes specified by the donor or in the absence thereof, for the 
programs and projects as may be approved by the Council subject to the usual 
auditing rules and regulations: Provided, that cash donations shall not be used to fund 
the personal services requirements of the Council. Any donation, contribution, 
subsidy, or financial aid which may be made to the Council shall be exempt from taxes 
of any kind and shall constitute allowable deductions in full from the income of the 
donors or contributors for income tax purposes.
Sec. 13. Relationship with Other Government Agencies. - The Council may request 
any department, bureau, office, agency, or instrumentality of the government for such 
assistance as may be needed in the performance of its functions.


1 
Sec. 14. Data Privacy Protection. - No provisions of this Act shall be in violation
2 
of the provisions of Republic Act No. 10173 or the "Data Privacy Act of 2012".
3 
Sec. 15. Appropriations. - The amount of One Hundred Fifty Million Pesos (Php
4 
150,000/000.00) is appropriated to finance the operations of the Council for the first
5 
year out of the funds of the National Treasury not otherwise appropriated. Thereafter,
6 
such amounts as may be necessary and sufficient to finance its operations and
7 
activities shall be included in the General Appropriations Act.
8 
Sec. 16. Annual Report - The Council shall, within ninety (90) days after the end
9 
of every fiscal year, submit to the President and Congress, an annual report on its
10 
compliance with, or accomplishments under this Act, together with its plans and
11 
recommendations to improve and develop its capability to enforce the provisions of
12 
this Act, and complete accounting of transactions with respect to any funds received
13 
under this Act.
14 
CHAPTER V
15 
FINAL PROVISIONS
16 
Sec. 17. Implementing Rules and Regulations. - The Council shall issue the
17 
necessary rules and regulations to implement the provisions hereof.
18 
Sec. 18. Repealing Clause. -All laws, decrees, orders, issuances, rules, and
19 
regulations which are inconsistent with the provisions of this Act are hereby repealed,
20 
amended, or modified accordingly.
21 
Sec. 19. Separability Clause. - If any provision of this Act is declared
22 
unconstitutional or invalid, the remainder of the provisions thereof not affected shall
23 
remain in force and effect.
24 
Sec. 20. Ejfectivity. - This Act shall take effect fifteen (15) days after its
25 
publication in the Official Gazette or in two (2) national newspapers of general
26 
circulation.
Approved,