Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No, £042

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

EXPLANATORY NOTE

Filipino musicians and artists are world-class. Our country has exported countless
artists to sing and perform abroad, Our kababayans have dominated singing contests
overseas and have produced the likes of Lea Salonga, Arnel Pineda, Apl.De.Ap., Charice, and
Freddie Aguilar, whose song “Anak” became an international hit and was translated into 26
languages.

It is undeniable that the Philippines is teeming with world-class talent. However, it
can be observed that many radio and television stations are allotting more of their airtime
to foreign music rather than their local counterparts. Presently, Executive Order No. 225,
which was issued on 25 July 1987, mandates all radio stations to “broadcast a minimum of
four (4) original Filipino musical compositions in every clock hour of a program with a
musical format.” However, the said law lacks strength as it merely imposes a fine in the
amount of Php100.00 per violation.

This bill seeks to mandate all radio stations and TY stations devoted to broadcasting
music within the country to allot a sizeable amount of airtime for Original Pilipino Music or
OPM. Through this, we are providing our OPM artists a wider stage, giving them the
opportunity to showcase and offer their gifts to their countrymen and eventually, the world.

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

‘(LFRED VARGAS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL-NO. 2042 _

INTRODUCED BY CONGRESSMAN ALFRED VARGAS

AN ACT
PROVIDING FOR THE REVITALIZATION AND ADVANCEMENT OF ORIGINAL FILIPINO
MUSIC AND FOR THE 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 Revitalization and
Advancement Law of 2019.

SEC 2. Declaration of Policies and Objectives. -Pursuant to article XIV, Section 14
of the 1987 Constitution, it is the duty of the State to foster the preservation, enrichment,
and dynamic evolution of a Filipino national culture based on the principle of unity in
diversity in a climate of free artistic and intellectual expression.

Consonant with these constitutional principles the following are the declared
principles of this Act:

(a) To recognize the world-class talent of the Filipino musician or artist;

(b) To give full support to the development and improvement of the Filipino music
industry;

(c) To motivate and encourage Filipino musician or artists to pursue and done their
chosen craft; and

(d) To cultivate the spirit of patriotism and nationalism of the citizenry.

In accordance with those policies, this Act aims to:

i. Adopt a measure whereby the constitution of Filipino musicians or artists are
maximized

ii, Establish a mechanism whereby our Filipino musicians or artists are given the
ample opportunity to showcase their talent; and

iil, Ensure the full development of the Filipino music industry.


SEC 3, Definition of terms. - For purposes of this Act, these terms are defined as follows:

a. “Original Filipino Music (OPM)" shall refer to any of the following:

i, Amusical composition the lyrics of which are in Tagalog, in any Filipino
dialect, or in any foreign language and originally composed, adapted,
arranged, or translated by a Filipino musician or artist;

li, Amusical composition the lyrics of which are in Tagalog, in any Filipino
dialect, or in any foreign language and performed by a Filipino musician
or artist;

li, A musical composition purely in instrumental form and originally
composed, adapted, or arrange by a Filipino musician or artist;

iv. A musical composition purely in instrumental form and performed by
a Filipino musician or artist.

b. “Filipino musician or artist” shall mean any of the following:

i, Any individual composer, musician, or performer who is qualified as a
Filipino citizen under the Philippine Constitution or Republic Act No.
9225 otherwise known as the Citizenship Retention and Re-acquisition
Act of 2003;

fi, Any individual composer, musician, or performer who is not qualified
as a Filipino citizen under the foregoing, provided, however, that he or
she has Filipino lineage and is publicly known to have genuinely
accepted his or her Filipino lineage and culture;

iii, A musical duet or group in which at least one of its members qualify
under the foregoing,

© “Radio Station” - a broadcasting organization conferred by competent public
authority with a franchise or license to publicly transmit audio content using the
Amplitude Modulation (AM) band or frequency Modulation (FM) band within the
Philippines. The term shall include a broadcast organization not so conferred with
such franchise or license but continues to publicly transmit from within the
Philippines the said audio content using the AM band or FM band.

d. “Television (TV) Station” - a broadcasting organization by competent public
authority given a franchise or license to publicly transmit audio and/or video
content using television transmission within the Philippines. The term shall
include a broadcast organization not so conferred with such franchise or license
but continues to publicly transmit from within the Philippines the said audio
and/or video content using television, satellite, or cable transmission.

e. “Broadcast” - wire or wireless transmission of sounds, images, or video to the
general public

f. “Music Video” ~ a videotape performance of a recorded song or live performance
of a musical artist, usually accompanied by dancing and/or visual images
interpreting the lyrics.


g “Substantial” - means more than thirty (30) minutes per clock hour.

SEC, 4. Obligations of radio stations. ~ Radio stations utilizing the AM or FM band
shall have the following obligations:

a. Within the hours of six (6) o'clock in the morningand six (6) o'clock in the evening,
radio stations shall play and broadcast at least ten (10) OPM songs for every clock
hour of broadcast, in case a radio program has a format that is substantially
devoted to playing music.

b. Within the hours of six (6) o'clock in the morning and six (6) o'clock in the evening,
radio stations shall play and broadcast at least four (4) OPM songs for every clock
hour of broadcast, in case a radio program has a format that is substantially
devoted to dialogue, discourse, or any other content not involving the playing of
music and the remaining minutes within the clock hour are entirely devoted to
playing music.

SEC. 5. Obligations of TV stations. -TV stations shall have the following obligations:

a. Within the hours of six (6) o'clock in the morning and six (6) o'clock in the evening,
‘TV stations shall play and broadcast at least ten (10) OPM songs for every clock
hour of broadcast, in case a TV program has a format that is substantially devoted
to playing music.

b. Within the hours of six (6) o'clock in the morning and six (6) o'clock in the evening,
‘TV stations shall play and broadcast at least four (4) OPM songs for every clock
hour of broadcast, in case a TV program has a format that is substantially devoted
to dialogue, discourse, or any other content not involving the playing of music and
the remaining minutes within the clock hour are entirely devoted to playing
music.

SEC. 6. To ensure equal opportunities for all Filipino musicians or artists and to
provide meaningful promotion and widespread exposure of their musical talents, the playing
and broadcasting of OPM songs or music videos shall be in the following manner:

a. Aparticular OPM song or music video containing an OPM song shall not be played
and broadcasted more than once within the same clock hour; and

b. A particular OPM song or music video containing an OPM song shall not be played
and broadcasted more than three (3) times within the hours of six (6) o’clock in
the morning and six (6) o'clock in the evening.

c. The aforementioned radio programs must ensure that at least a quarter of their
playlist shall include OPM songs by artists from outside the National Capital
Region.

d. The aforementioned TV programs must ensure that at least a quarter of their
playlist shall include music videos containing OPM songs by artists from outside
the National Capital Region.


SEC. 7. Exception. - Section 4 and 5 of this Act shall not apply when the radio station
or TV station program substantially devotes its broadcast within the clock hour a live event
that is of national or local significance or is sanctioned by the Philippine government.

SEC. 8. Punishable Acts. - Consistent with basic policy of this law, the following acts
shall be punished:

a.

b.

Performing an act in contraversion of Sections 4,5, and 6 of this law by any person
or any employee or officer of the radio or TV station;

Demanding or receiving, personally or through the mediation of another, money,
goods, services and/or any other form of consideration by any employee or officer
of the radio or TV station from any person in exchange for any act constituting a
violation of this law;

Making offers of or promises or giving the considerations as described in the
preceding subsection (b) by any person, personally or through the mediation of
another, to any employee or officer of the Radio or TV station in exchange for any
act constituting a violation of this law.

SEC. 9. Penalties. - Any person who violates any provision of this Act shall suffer the
following penalties:

a.

©

For the first violation, imprisonment of not less than two (2) years but not more
than five (5) years anda fine of not less than Fifty Thousand Pesos (Php50,000.00)
but not exceeding Two Hundred Thousand Pesos (Php200,000.00); and

For any subsequent violation, imprisonment of not less than five (5) years but not
more than nine (9) years and a fine of not less than Two Hundred Thousand Pesos
(Php200,000.00) ‘but not exceeding Five Hundred Thousand Pesos
(Php500,000.00)

Inall cases, subsidiary imprisonment in cases of insolvency.

If the offender is a corporation, partnership, organization or any similar entity, the
officials thereof directly involved such as the president, general manager, managing partner,
or such other officer charged with the management of the business affairs shall be liable

therefore.

Ifthe offender is an alien or a foreigner, he/she shall be deported immediately after
service of sentence.

Upon filing of an appropriate complaint by any person, and after due notice and
hearing, the proper authorities shall also cause the cancellation or revocation of the business
permit, permit to operate, license, franchise or other similar privileges granted to any person
or entity that fails to abide by the provisions of this Act.


SEC. 10. Strengthening the National Telecommunication Commission. - The
National Telecommunication Commission (NTC) shall have the following additional powers
and functions:

e

Conducta nationwide information dissemination and campaign on the promotion
of this Act;

Monitor the adoption of the policies of this Act by all radio stations and TV stations
within the Philippines;

Assist private complainants in the prosecution of offenses in violation this Act;
Cancel, revoke, or suspend the license or similar privileges of the employee or
officer of the radio or TV station punished under this Act, upon due notice and
hearing;

Cancel, revoke, or suspend the license or similar legal privileges of the radio or TV
station employing such employee or officer referred to in the previous subsection,
upon due notice and hearing; and

Coordinate with appropriate offices and other agencies or instrumentalities and
non-governmental organizations for any assistance it may require in the
performance of its functions.

SEC. 11. Strengthening the National Committee on Music. ~ The National
Committee on Music under the National Commission for Culture and the Arts (NCCA) shall
have the following additional powers and functions:

a.

b.

Conducta nationwide information dissemination and campaign on the promotion
of this Act;

Monitor the adoption of the policies of this Act by all radio stations and TV stations
within the Philippines;

Assist private complainants in the prosecution of offenses in violation this Act;
Coordinate with the NTC, appropriate offices and other agencies or
instrumentalities and non-governmental Organizations for any assistance it may
require in the performance of its functions.

SEC. 12. Implementing Rules and Regulations, -Within 90 days from the effectivity
of this Act, the National Telecommunication Commission (NTC) and the National
Commission for Culture and the Arts (NCAA) shall formulate and adopt rules and regulations
to carry out the objectives of this Act, in consultation with the Department of Justice (DOJ),
Intellectual Property Office (IPO), and Movie and Television Review and Classification Board

(MTRCB).

SEC. 13. Separability Clause. - If any section or part of this Act is declared
unconstitutional or invalid, such declaration shall not invalidate other parts hereof which
shall remain in full force and effect.

SEC. 14, Repealing Clause. - All laws, decrees, executive orders, rules and
regulations or any part thereof inconsistent with the provisions of this Act are deemed

repealed.


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

Approved,