Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

FIFTEENTH CONGRESS
Second Regular Se:

Het 5562

HOUSE BILL No.

INTRODUCED by Reps. TEDDY A. CASINO, NERI JAVIER COLMENARES,
RAFAEL V. MARTANO, LUZ-VIMIDA C. ILAGAN, RAYMOND V. PALATINO,
EMMI A. DE JESUS, and ANTONIO L, TINIO

EXPLANATORY NOTE

‘The Constitution provides for the night to freedom of expression. Such freedom extends and
manifests in the field of motion pictures und television programs.

However, the country’s experience especially in years past with the Movie and Television Review
and Classification Board (MTRCB), shows how the agency, in the fulfillment of its duties, has
violated of curtailed this constitutionally-guaranteed freedom. ‘I'here have been many incidents of
films and television programs that were censored or slapped with an “X” rating due to its critical
political or social content, Likewise, many artistic films have been censored or banned due 10 the
MIRCB's myopic and mechanical application of its classification criteria,

‘The MLRCB Charter, Presidential Decree 1986 still exists despite its many built-in violations of
many provisions of the 1987 Constitution,

The MTRCB has a history of violating the tight to (reedom of expression. From the pre 1972
Boatd of Censors for Motion Pictures (BCMP), the Interim Board of Censors for Motion Pictures
to the Board of Review for Motion Pictures and Television (BRMIT) ~ all having censorial powers
that remain in the existing M1RCB Charter. PD 1986 is in fact a verbatim reproduction of the
defunct BRMPT.

Thus, to ensure that freedom of expression shall continue to be protected and promoted in motion
pictures and television programs, and in accordance with the highest law of the land, fundamental
measures must he put in place in ordet to avoid any curtailment thereof.

‘This proposed measure shall ensure that the MTRCB shall exist to ptimatily classify mouon pictures
and television programs in order to aid citizens, especially parents, in guiding and/or supervising
their children and young adults in making choices with regard to films and television prograras,



Yo significantly lessen, if aot prevent, any abuse of discretion on the part of the MIRCB in the
classification of any material, clear, specific and reasonable standaeds shall be used and applied in the
performance of such duty, namely, the well-secded “Miller doctrine” and the “clear aod presenr
danger rule.”

This proposed meusure likewise recognizes the right of institutions and establishments exercising
academic and cultural freedoms (© continue publicly showing any material free from uny
iwolvement of the MTRCB as regards classification and permit therefore. This is necessary in order
to provide a climate of expression free from any restraint in the dissemination of ideas.

Finally, the bill aims to sanction the eventual self-regulation of the film and television industey, The
members of the industry are mature and responsible, and should be supported in their etfort co
regulate themselves

‘The counuy has a mature, politicized and criucal audience who should be allowed the freedom of
choice without any censorship. The authors look forward co a Bourd thae will work cogether with
artistic, cultural and educational instinations in crafting arts and culnite policies that promote
independent and critica) thinking which serves the needs of a nation towards genuine development

Icis in thes light that the approval of this aweasure is urgently sought.

Ipprowd. _
eh he
TEDDY A. CASINO
Bayan Muna Party-list
ERI JAVIER COLMENARES "AEL V. M. io
Bayan Muna Party-list Anakpawig Party-list

‘ONIO ISTINIO)
ACT Teachers Party-list

: At -
naval Vv. PALATINO EMMI A. DE JESUS

Kabataan Party-list Gabricla Women's Party


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILLNo.__ 5564,

INTRODUCED by Reps, TEDDY A. CASINO, NERI savins ConameAKes,
RAFAEL V. MARIANO, LUZVIMIDA C. ILAGAN, RAYM V. PALATINO,
EMMI A. DE JESUS, and ANTONIO L. TINIO

AN ACT “
REORGANIZING THE MOVIE AND TELEVISION REVIEW AND
CLASSIFICATION BOARD AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION L. Short Title. This Act shall be called the “MTRCB Reorganization Act of 2011.”

SEC. 2. Declaration of Policy. - Ic is a declared policy of the State that freedom of expression shall
not be abridged. It is settled that motion pictures and television shows are imbued with public
interest and that the State is concerned with the use of these mediums for the cultural, educational,
and artistic development of ali Filipinos. As a means 1o ensure that freedom of expression shall
continue to be protected and promoted, clear and specific and reasonable standards for the
classification of motion pictures and television programs shall be used and applied. Ic is likewise
hereby declared the policy of the State to sanction the eventual self-regulation of the tilm and
television industry. Aay doubt in che interpretation of this Act shall be resolved in favor of the
protection and promotion of freedom of expression.

SEC. 3. Definition of Terms. . Vor purposes of this Act, the following terms are defined as
follows: -

(1) “Adult” shall refer to any person at least eighteen (18) years of age:

Q “Advertisements” shall refer to any oral, written, or graphic statement of aotice that solicits
Patronage of 2 product or service when the same is shown in movie theaters, cinemas or on
television;

&
(3) “Board” shall refer to the Executive Board of the MTRCB;

(4) “Chairperson” shall cefer to the chairperson of the Exccutive Board of the MIRCB;


) “Classification” shall refer to the examination of motion pictures and television programs for
purposes of the audience classification thereof;

(© “Commitee” shalt refer to the Appeals Committee of the MTRCB;

() “General viewing” shall refer to making motion pictures available to the general public for its
viewing through convenient film packs ot similar materials, sold, leased, or lent ia commercial
outlets, public lending clubs or similar organizations;

(8) “Live programs” shall refer to any television program containing events which are happening
simultaneously as it is actually being broadcast;

©) “Movie theaters and cinemas” shall refer to places where a person seeks admission, with or
without an admission fec, whether for profit or not, and whether for commercial and proprietary
Purposes or not, to view a motion picture;

(10) “Motion picture” shall refer to a series of pictures projected on screen in rapid succession,

. With the objects shown in successive positions slightly changed so as to produce the optical effect of
a continuous picture in which the objects tove, whether the picture be black and white or colored,
silent or with accompanying sound, on whatever material they are presetved or recorded for instant
projection, For the purpose of this Act, the materials in which the motion picture is contained,
preserved or recorded, forms an integral part of the motion picture subject of this Act;

(1) “MTRCB” shall refer to the entire organizational structure of the Movie and Television
Review and Classification Board comprised of the Executive Board, the Secretariat and the Appeals
Commictee;

(12) “Newscast or news program” shall refer to reports of happenings of recent occurrences of a
vaned character, such as political, social, moral, religious and other subjects intended for the
information of the general public. It shall also refer 10 straight news reporting as distinguished from
news analyses or editorials, commentaries and opinions;

(13) “Regular theatrical distribution” shall refer to public showing or exhibition in a cinema or
theater for commercial and proprietary purposes, and imposing an admission fee primarily for profit
on person or persons seeking admission thereto. :

(14) “Non-regular theatrical disteibution” shall refer to:

(@) Public showing or exhibition of long and short motion pictures through the use of mobile
projection equipment not imposing admission fee; ot

) Public showing or exhibition of long and short motion pictures to individuals, orgarizatigas,
societies, clubs, groups, or associations such as materials for educational, documentary, culkoral,
scientific, political, news programs, civic, cause-oriented, industrial, sales, public relations and
instructional films.


Provided, That under (a) and (b) above, if an admission fee is imposed, the same shail be minimal in
amount and only for the purpose of sustaining the operations of the institution or establishments
concemed: Provided farther, ‘hat the xight of institutions or establishments exercising academic
and/or cultural freedom to publicly show any long and short motion pictures, regazdless of the
classification, if any, given by the MTCRB and without the need to secure a permit therefore, shall
not be diminished by this Act,

(15) “President” shall refer to the President of the Republic of the Philippines,

(16) “Public affairs program” shall refer to a television progiam which discusses or presents topics
or issues of public interest which may affect the welfare of the public but may also include
entertainment. Public affairs programs are presented in any of the following formats such as , but
ot limited ¢0, interview, documentary, investigative report, tlk show, debate, open forum, public
service, news magazine and infotainment;

(17) “Publicity materials” shali refer to any matetial employed io generate public interest in a

motion picture of television program, layouts for print publication, prcss release or advertotials, stil
- photos, leaflets, posters and billboards;

(18) “Television beoadcast” shall refer to public showing transmitting sound or images by
television, cable television or similar equipment,

09) “Television program” shall refer wo any mater aired of broadcast oa television and cable
television including live programs, advertisements, teleplays and motion pictutes originally shown in
movie theaters, cinemas or similar establishments; and

SEC. 4. Re-onganization. The MTRCB is hereby rcorpanized.
The MTRCB shall be composed of an Executive Board, a Secretariat and an Appeals Committee.

The MTRCB shall be under the Office of the President and shall have its principal office in
Metropolitan Manila.

SEC. 5. Composition of the Executive Board. - The MTCRB, herein referred to as the Executive
Board, shall be composed of at least 30 members but not exceeding 50; one of sihich shal! be the
Chairperson, as designated by the President.

Fifty percent (50%) of the members shall be appointed by the President from a list of nominees
Provided by the existing associations of the film production and television production associations.
Nominees shall have at least five (6) years experience and are of proven competeuce in any of the

film or television Gelds of directing, writing, acting, cinematography, editing, production design, and
musical scoring. .

The other fifty percent (50 %) of the members shall be appointed by the Chairperson and shall
come from the following fields: art, litramre and creative writing; humanities; joumalism and


broadcast communication; social work and psychology: Provided, That thtce (3) members shall be
members of the Philippine Bar who come from any of the fields herein mentioned and who have
been in at least three (3) years practice of the profession.

‘The vice chairperson shall be elected by the majority of the Board from among themselves. A
majority of all the members shail constiaxte a quorum, and a majority of all che members present
when there is quorum shall have the power to conduct business.

‘Whey shall hold office for a fixed term of one year, unless sooner removed by the President for
cause and after due process as provided for in the Philippine Constitution and Republic Act 6713 of
the Code of Conduct and Ethical Standards for Public Officials and Employees; Provided, That the
Chairperson shall serve for a period of three (3) years unless sooner removed by the President for

cause

SEC. 6. Compensation. -The chairperson and vice-chairperson shall receive salary and allowances
based on the current approved standardized government compensation

‘The members of the Board shal) be entitled to honoraria subject to existing laws, rules and
_ regulations.

SEC. 7. Powers and Functions. - ‘The Board shall have the following functions, powers and
duties:

()) To formulate and implement such policies and programs as are necessaty ot proper for the
accomplishment of the purpose and objectives of the Executive Board and the Secretariat,

@) To formulate and implement a standard and oumeric system and other systems which are
deemed necessary for the classification of movies, television programs, and publicity materials
related thereto;

@) To deputize representatives from the government, various civic organizations and coacerned
sectors, including the local government units whose main duties shall be to help in monitoring
compliance with, and repost violations of the provisions of this Act, its rules and regulations and
other pertinent laws;

(@) To levy, asses and collect, periodically adjust and revise, the rates of fees and charges for the
work of review and classification and for the licenses, and permits granted by the Board;

G) To impose the following administrative sanctions: imposition of fines and penalties, suspension
or cancellation of the exhibition of television programs or thesttical motion pictures, and the
suspension or closure of television stations, movie theaters, cinemas or similar establishments
engaged in the public exhibition of motion pictures and television programs which violate the
provisions of this Act and its rules and regulations; .
(©) To prescribe internal and operational procedures for the exercise of its powers and functions, the
performance of its duties and responsibilities and other related matters;


© To cause the prosecution of violators of this Act and other pestinent penal laws in behalf of the
people of the Philippines;

® To screen, examine, and clissify motion pictues, television progeams and related publicity
materials and advertisements intended for public exhibition in movie theaters, cinemas ov simile,
<stablishments, television, whether imported or produced in the Philippines, before they are copied,
distributed, sold, leased, exhibited or broadcasted in the Philippines into any of the following
extegories as provided in Section 15 of this Aet. ‘The Board may, if deemed necessary, consult the
Pasticulat marginalized sector or sectoss that may be affected by the material subject of the
classification. :

©) To examine and inspect the public exhibitions of motion pictures, television programs and

Publicity materials pertaining thereto io movie houses, cheaters and similar establishments. and
television.

(10) Upon discovery of any violation of the provisions of this Act, to:

{@) Cause the immediate seizure of such motion pictur, television program and/or publicity material
Provided that a written notice indicating the violation/s committed be given to the affected party
three (3) days before the actual seizure;

(©) Cause the revocation of the permit to exhibit of the motion picture or publicity material; and/or

(6) To exercise such other functions and to perform other related duties and responsibilities as may
be directed by the Board,

(1) To exercise such other powers and functioas as may he oecessary ot incidental ro the
attainment of the purposes and objectives of this Act and to perform other related dutice and
responsibilities as may be directed by the President.

SEC. 8. Appeals Committee, - Uhere is hereby created an Appeals Comittee, herein refested to
as the Comminee, composed of five (5) members 10 be appointed by the President to a fixed term
of one year.

Rie members of the Committee shall come from the nominees chosen by the follwing agencies:

* National Commission on Culture and the Ans (NCCA) National Commiztee on Cinemas Film
Development Council of the Philippines (FDCP); Cultural Center of the Philippines (CCP), and the
University of the Philippines College of Mass Communication (UP CMC), provided ther each
agency must be represented in the Committee.

‘The members of the Committee shall elect among themselves their committee chaitperson.

The Committee shall conduct its business when there is the presence of a simple majority of the
members to constitute a quorum.


If any member fails to complete his or her term, the person appointed to fill the vacane: shall be
selected from the ominges chosen by the aforementioned agencies and shall serve only for the

unexpired portion of the term of the member whom be or she succeeds unless appointed for
agother term.

‘Vhe Appeals Committee shall be empowered to cancel, overtule or supersede any classification,

zeview, re-classification, and decision, made by the classification reviews made by the Executive
Board,

SEC. 9. Compensation of the Committee Members, - A member of the committee shill receive
aux honorarium for exch matetial actually classified, the amount of which shall be set by the Board

subject to existing government rules and regulations and sourced ftom the budget of the Office of
the President.

SEC. 10. Chief Executive Officer, Powers and Functions, and Compensation. - The
Chairperson shall be the chief executive officer of the Board and Secretariat. The chief executive
officer shall exercise the following powers und functions:

3) Execure and administer the policies, decisions, orders, resolutions and the implementing rules
Pr pl ing
and regulations issued by the Boatd or the Appeals Committee;

@) Direct and supervise the operations and internal affairs of the Board and Secretariat;
(3) Establish the internal organization and administrative procedures for the approval of the Board;

44) Recommend to the Board the appointment or transfer of employees of the Board and
Secretatiar;

{5) Recommend to the Board the suspeasion or dismissal for cause of its officials ot employces;
(6) Submit aa annual budget to the Board for its approvals

() Delegate his or her authority, ia whole or in part, to other members of the Board, in accordance
with the mules and regulations of the MTRCB; and

(8) Perform such powers and functions as may be authorized by the Board.

SEC. U1. Executive Director, Powers and Functions, and Compensation. The chiel executive
officer shall be assisted by an executive director who shall be the head of the MTRCB secretariat
herein created and shall be in charge of the day-to-day operations of the Board

‘The executive director shall be appointed by the Chairperson, subject to the approval of the Board,
and shall have the rank and salary cquivaleat to Director [V under the compensation and

Classification structure of the government.

The executive director should be co terminus with the chief executive officer.


SEC. 12. MTRCB Secretariat - The MTRCB Secretariat is hereby retained.

SEC. 13. Classification Categonies.- The Comminee and the Board shall classify al motion
Picnures, television programs and publicity materials telated thereto for public viewing only
according to the following categories,

(1) For Theatrical Exhibition of Live Action and Animated Motion Pictures:

a) or “General Audience” (All Ages Admitted) for motion pictures that, in the
judgment of the

MTRCB, contain nothing that would be deemed offensive by parents whose young children

were to
view the material.

b) "PG-13" or “Parental Guidance-13" (Parents Strongly Cautioned) - for motion pictu
fhat, in the judgment of the MIRCB, comtain such material which go beyond a"
classification in theme, violence, nudity, sensuality, language of other contents but docs aot
fic the “R-13” and “R” classifications. Pareats are strongly cautioned to give special attention
to such material before allowing their minor children to view them. Childrea below 13 years
old may view a "PG-13" motion picture only if accompanied by a pateat or an adult.

©) “R-13/PG-18" or “Restricted to 13 years old and above/Parental Cuidance-18" — for
motion pictures that, in the judgment of the MTRCB, contain such materials which go
berond a “PG-13” classification im theme, violence, nudity, sensuality, language or other
contents but does not fit the “R” classification. Parents are stroagly cautioned to give special
attention to suck material before allowing their minor children to view them, No person
below 13 years of age can be allowed to watch it. ‘Those aged between 13 and 18 yeas sball

be allowed to view an “R-13/PG-18" picture only if accompanied by a parcat or an adult
guardian.

4d) “R-18" or “Strictly for Adults" (Restricted or For Adults Only) - for motion pictures that,
in the judgment of the MTRCB, contain adult material, vulgar or profane language,
considerable sex and violence, sexually oriented oudity, tolerant depiction of aberzational
behavior, drug use, or « combination of all of the above. No person below 18 years old shall
be allowed to watch a material with un "R-18" classification. :

Movie theaters, cinema or similar establishments shall assign units for the setecning of motion
pictures classified with "R-18" or "Suictly for Adults" in the MTRCB’s Classification Categories.

¢) “R 18- not for regulac theatrical release" - for motion pictures and materials that, in the
judgment of the MTRCB, ate completely obscene or violent and inimical to public interest:

-A motion picture or material shall be considered obscene only when the same clearly meets all of the
following elements:


10

@ The average person, applying contemporary community standards, would find the work, taken as
3 whole, appealing to pranent interest and satisfying oaly the matkct for gratuitous sex and violence,

{i The work depicts or describes sexual conduct in a patcady offensive way; and

Gi) The work, taken as a whole, and viewed withia its context, munner of presentation, mention
and cukure, lacks setious literary, artistic, political or scieatific value

AA motion picture or material shall be considered violent ot inimical to public interest only when the

same establishes a clear and present danger of an evil of a substantive character that the Srate hus the
Tight to prevent Provided, That the motion picture ot material cleatly meets all of the fellowing

elements:
() The danger rust not only be clear but also resent;
ings ly Pp

@) There must be no doubt that what is feared mag be traced to the expression complained of;

(si) The causal connection must be evident;

(iv) There must be reasonable apprehension about its imminenc
(©) The danger being well-nigh rust be inevitable, and not merely probable; aad

(+) There must be cleatest proof of a clear and present danger of a substantive evil to public safety,
public policy, public health, public order or any other legitimate public interest.

For Television/Cable Television:

a) G" ot “General Audience” for television progratns that, in the judgment of the MTRCB,
contain nothing that would be deemed offensive by parents whose children were to view the
matenal.

b) PG" or ‘Parental Guidance” - for television program pictures that, in the judgment of the
MTRCB, contain such material which go beyond a "G" classification in theme, violence, audit
sensuality, language of other contents, which Parents may allow their children to watch provided
they or an adult guardian is present. Parents are strongly cautioned co give special attention to such
material before allowing their minor children to view them without the presence of a parent or an
adulk.

© 4g 2” OF "Disapproved for Television” - for motion pictures and programs for television
broadcast that, in the judgment of the MTRCB, do aot conform tu the "G"" or “PCS” classificarion.

‘Television news and public affairs programs shall be exempted from review and classification
subject to recognized standards set by the industry.


a

Cable television shall undertake self-regulation subject to the provisions of this Act and other
cxisting laws and supervision by the MIRCB.

(3) For Publicity Materials:

a) "G" all motion picture trailers and publicity materials for theatrival exhibition and television
broadcast shall be made suitable for a "G" or "General Audience" classification only. Motion Picture
trailees or publicity materials for inovies and television that do not fall within said "G
shall not be approved for public viewing or television broadcast in the Philippines.

classification

SEC. 15. Procedures and Decisions for Classification. - The Board shalt designate the members.
of the classification subcommittees from among the members of the Board. No Board member shall
be assigned to sit on a subcommitree to classify when the said Committee member has in any way
participated in the making of the said motion picture or television progran.

() First Classification. - The material submitted shall be classified by a subcomminee composed of
three (3) committee members, who shall elect the subcommittee head from among themselves, ‘Che
decision of the subcommittee on first classification shall be rendered through a standard and
‘fumeric rating system or other appropriate systems as established by the Board. The presence of all
members of the subcommittee is needed to constitute 2 quorum and to have the power to conduct
busmess. AB members thereof must view the matecial in fall for purposes of classification.

(2) Motion for Reclassification, - An applicant may file 1 motion for reclassification to the

subcommittee within five (5) days from notice of the decision of the subcommittee on the first
classification,

(8) Second Classification; Appeal. — If the resolution of the subcommittee on the mouon for
rechassification is adverse to the applicant, he may file an appeal to the Chairperson within five (5)
days from notice of the resolution. Within five (5) days from receipt of the appeal, the Chasperson
shall desigaate another subcommittee to be composed of three (3) committee members, who shall
elect the subcommittee head among themselves. The presence of all members of the subcommittee
is needed to constinne 4 quorum to conduct business. All members thereof must view the material
in tull for purposes of classification.

‘The subcommittee shall conduct a second classification of the material: Provided, That no member
from the subcommittee in the first classification shall be designated as 2 member during the second.
chssification.

(@) Appeal to the Appeals Committee - The decision of the subcommittee on the second
classification is immediately appealable to the Appeals Committee within a period of five (5) days
from notice of the decision on the second classification

‘Duting the appeal, the material must be viewed in full.

(5) Decisions. - Ail decisions of the subcommittees and the Appeal’s Commuttee en bane shall be in
waiting and shall stare the reasons and justification for the classification.


12

The subcommittee during the first classification shall classify the material within a period of five (5)

working days from the time of the submission of the material or receipt of the imution for
reclassification, as the case may be.

‘The subcommittee during the second classification shall classify the material within a period of five
{) working days from the time of the designation of the members thereof by the chairperson.

‘The Appeals Committee ex bane shall classify the material within a period of five (5) working days

from the ume of the receipt of the appeal or receipt of the recurds in case of automatic review, as
the case may be.

In ao case shall the subcommittees or the Appeals Committee ez banc reader a decision without
giving the director or the producer, or their duly authorized representatives, an oppormunicy 0 be
heard during the actual screening and hearing of the material.

All decisions on appeals, whether duting the second classification ot of the Appeals Committee en
banc, shall not give a more restrictive classification than the classification given dosing dhe frst or
second classification, as the case may be.

A decision shall not, in any manner, imply or suggest specific deletions or cuts of scenes, shots of
dialogue for the purpose of providing the preferred classification of the applicant

(© A classification of “R 18 —not for regular theatrical release” or “Disapproved For Television”
given by the subcommittee on the first and second review shall be sulsmitted for automatic review to
the Appeals Committee en bane, through the chairperson.

‘The decision of the Appeals Committee ex buac shall be rendered by the members of the Appeals
Committee who are present and actually participated in the antomatic review. During the automatic
review, the material must be viewed in full.

©) Fees for classification — The fees for the classification of the material shall be paid only once, and
the payment shall he made upon the application for classification. Che fees shall be minimal based
oa the cost of production and the scope of distribution.

(®) Appeals from the decision of the Appeals Committee en banc— The decision of the Appeals
Commitee en bane shall be appealable to the Court of Appeals in accordance with Rule 43 of the
Roles of Court: Pronided, That the applicant may file an appropriate special civil action under Rule 65
of the Rules of Court in case of lack or excess of jurisdiction or grave abuse of discretion ainounting
ro lack ot excess of jurisdiction on the part of the MECRB.

SEC. 16. Selfregulation of the Film and Television Industry. — The film and television industry
shall prepare for its eventual self-regulation within a petiad of rwenty (20) years from the effectivity
of this Act unless a different period is provided for by 2 subsequent kiw.

SEC. 17. Unauthorized Showing of Exhibition.


13

(1) Ir shall be unlawful for any movie theater, cinema or similar establishinents and television
network and station ¢o exhibit or air motion pictures and television programs, including trailers and
other publicity materials, without the entity or establishment first securing @ petmit for eshibition of
airing from the MTRCB, subject to Section 3 (14) (a) and (6)

Prurtded, That screenings and programs of tertiary level academic institutions, governmental cultural
instirutions, and non-governmental cultural institutions and establishments such as but nor limited
to art bars, art galleries, festivals, museums, churches, or by incividuals, organizations, societies,
clubs, groups, or associations for educational, documentary, cultural, scientific, political, news
Programs, civic, cause-oriented, industrial, sales, public zelations and instructional films in venues,
for non regular theatrical distribution shall be free from any classification by and permit for
exhibition from the Board: Provided further, ‘hat the said institutions and establishtnents shall abserve
self regulation,

(2) Tt shall be unlawful to print or cause to be printed on any motion picture, television program of
publicity material a label or notice to the effect that the same has been officially approved by the
MIRCB when in fact it has not been approved;

3) It shall be unlawful for any person or entity to deceive the public by exhibiting a film ocher than
the one advertised as showing even if the film shown has a valid permit;

(4) It shall be unlawful for any peéson or entity to exhibit of cause the exhibition in movie theaters,
cinemas o¢ similar establishments of any motion picture which had alrcady been shown, without the
word "RE-ISSUR" clearly and boklly stamped in the publicity materials of the said movie. Re-issued
films shall refer to oid motion pictures chat arc re-showa with the same ot new title and motion
picture that are culled from footage of two (2) or more films previously shown to the public: or

(5) It shall be unlawful to change or revise the version approved by the MIRCB.

SEC. 18. Posting or Display of Permit of Label. - \ copy of the "Permit to Exhibit" shall be
promiently posted at the ticket booth of all movie theaters, cinemas or similar establishments
where che motion pictze is exhibited

The MTRCB's classification of the motion picture shall be displayed on a three (3) feet high
“standee" in the theater lobby. ‘Ihe film owner shall also include in all motion pictures’
advertisements and other publicity materials the approval stamp of the MTRCB and the
classification given the mation picture by the MIRCB.

Television and cable networks and stations shall broadcast the MTRCB's classification of the
television progtam before the program is aired and shall also display the MIRCB classification of
the program on screen while the program is being aired.

SEC. 19. Admission to Movie Theaters or Cinemas,


4

(1) Te shall be unlawful for any person below eighteen (18) years old to enter, to mistepreseat oF
make use of any false evidence about his/her age in order to gain admission into, a movie theater,
cinema or similar establishment showing 2 motion picture classified as "R" or “Stnctly for adults."

{2} lt shall be unlawful for any person to misrepresent of make use of any false evidence about
his/her age in order t gaia admission intu, a movie theater, cinema, or similar establishment
showing 2 motion picture classified ax "PG-13" or "Parental Guidance-13" and “R-13” ot

“Recrrinnad ty VE a ae

G) Tr shall be unlawful for any movie theater, cinema or similar establishment to allow the admission
‘of any person below the age qualification required by the film’s classification as indicated in the
“Permit to Exhibit." In the case of doubt as to the age of the person secking admission, the latter
shall be required to present his or her residence certificate of other proof of age

SEC. 20. Penalties. - Any person who violates the provisions of this Act and/or Implementiag
Rules and Regulations issued by the Boad, shall, upon conviction, be punished by a minimum
Penalty of thirty (30) days, to a maximum of five (5) years imprisonment, of a fine of aot Jess than
Fifty Thousand Pesos (P50,000.00) bur not exceeding Five Hundred ‘Thousand Pesos (P5(W),000.00)
or both, such fine and imprisonment ro the discretion of the court.

Tf the offender is an alien, the person shall be deported after having served the sentence and shall
‘bereafter be refused entry into the country.

The license 10 operate the movie theater or television station shall be revoked. ‘The motion picture
of television program distributor or producer shall also be held equally liable and imposed hercin the
specific penalties for unauthorized exhibition if found to carry thei consent.

Should the offense be committed by a juridical person, the chairperson or the president, or the

secretary, or the weasurer, or the partner responsible for such violation shall be the person
penalized

SEC. 21. imported Motion Pictures and Television Programs. - \n the event that an imported
or forcign picture or television program, afier examination and review by the MTRCB, is declared
“Certified Not For Regular Theatrical Release” or “Disapproved For ‘Yelevision”, the sad motion
picture or television program shall be retumed by the importer to the distributor thereof 10 the
country of otigia or to any other place outside of the Philippines within a period of thiety (30) days,
which shall be counted from the date of receipt by the importet or distributor of che decision of the
MTRCB, subject to Section 3 (14) (a) and (b) and Section 18, last paragraph.

Fifty percent (50%) of all customs duties and internal revenue wxes paid by the importer or
distributor on account of the importation to an entry into the Philippines of the said motion picture
or television program shall he automatically refunded by the government officer concerned to the
said importer or distriburor. ‘The other fifty percent (511%) of all customs duties and internal reveaue
taxes shall be forfeited in favor of the goverment.


15

SEC. 22. Anaual Report. - The Board shall within three (3) months after the end of every fiscal
Year, submit its annual report to the President and to Congress. ‘Ihe aninual report shall jochude,
among others, a statement of the Board's accomplishments together with us plas and

recommendations fo improve and develop its operations and the supervision anu regulation of the
movie and television industries.

SEC. 23. Special Fund, - Notwithstanding laws, rules and regulations, exccutive or administrative
orders to the contrary, there is hereby established a Special Fund, sourced from miscellaneous
income from copying machine fees, moviola machine fee, projection fees, stamping fees and penalty
fees collected by the MTRCH. Vhe Special Fund shall be administered by the Board and shull be at
the immediate disposal of the Board to be used exclusively to augment deficiencies in the annual
appropeations of the MTRCB, for operational and administrative expenses, and for the repair and
acquisition of necessary facilities and equipment.

SEC. 24. Transitory Provisions. - All members of the present MTRCB shall be deemed separated
from the service, unless they are re-appointed in accordance with this Act.

‘The incumbent chairperson, vice chairpersons, and board members shall continue to perform their
duties and functions in a hold-over capacity and shall receive their corresponding salaries and
benefits watil such tine that the new chairperson, vice chairperson and at least majority of the Board
and the Commitee shall have been appoiated and qualified.

SEC. 25. Implementing Rules and Regulations, - Within ninety (90) days upon approval of this
Act, the MTRCB shall, ia coordination with the concemed agencies and entities, promulgute the
implementing rules and regulations for this Act.

SEC. 26. Commission on Audit. - The chairperson of the Commission on Audit shall be the ex:
officio auditor of the MTRCB. Tor this purpose, he or she may appoint a representative who shall
bbe the auditor of the Board.

SEC. 27. Separability Clause. - If for any reason, any provision of this Act is dechred invalid or
unconsuurional, the other sections or provisions thereof shall aot be affected therchy.

SEC. 28. Repealing Clause. - Presidential Decree No. 1986 is hereby repealed. All laws,
ordinances, rules, regulations, decrees, executive or administrative orders and other issuances or
are thereof which are inconsistent with the provisions of this Act are hereby repealed or modified
accordingly,

SEC. 29. Effectivity. - This Act shall wake effect fifteen (15) days after its publication in the Official
Gazerre or in at least two (2) newspapers of general circulation in the Philippines.

Approwd,