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PRESIDENTIAL DECREE No.

1986

CREATING THE MOVIE AND TELEVISION


REVIEW AND CLASSIFICATION BOARD

WHEREAS, the movie and television industry has been beset with manifold and
multifarious problems accented by its nebulous stance towards the Board of Review for Motion
Pictures and Television reorganized under Executive Order No. 876-A;

WHEREAS, the movie and television industry is now on the brink of economic collapse,
that unless remedial measures are undertaken, this grave emergency facing the industry will be a
roadblock to the early economic recovery program of the government;

WHEREAS, there is an urgent need to rationalize the movie and television industry vis-
a-vis the body regulating and supervising its operations;

WHEREAS, a regulatory body must not only function in reviewing and censoring films
or television programs brought before it but must also initiate the plans and cooperate with the
industry to improve, upgrade and make viable the industry as one source of fueling the national
economy;

WHEREAS, the disqualification of persons engaged in or connected with the movie and
television industry from membership in the existing Board of Review for Motion Pictures and
Television has deprived said Board of innovative and fresh ideas toward the improvement and
development of the film and television industry;

WHEREAS, the participation of the leaders of the various sectors of the industry could
be a prelude to self-regulation and policing by the members themselves once they have
demonstrated their maturity, self-reliance and dependability;

WHEREAS, unless the grave emergency confronting the movie and television industry is
remedied with dispatch, it will weaken the designed chain of the economic measures to achieve
an early economic recovery of the country, not to mention the collapse of the industry and the
loss of livelihood of about 75,000 families and 500,000 workers dependent on the industry.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by


virtue of the powers vested in me by the Constitution, do hereby decree:

Section 1. Creation. - There is hereby created a Movie and Television Review and
Classification Board, hereinafter referred to as the Board, under the Office of the President of
the Philippines. The BOARD shall have its principal office in Metropolitan Manila.

Section 2. Composition; Qualifications; Benefits. - The BOARD shall be composed


of a Chairman, a Vice-Chairman and thirty (30) members, who shall all be appointed by the
President of the Philippines. The Chairman, the Vice-Chairman, and the members of the
BOARD, shall hold office for a term of one (1) year, unless sooner removed by the President for

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any cause; Provided, that they shall be eligible for re-appointment after the expiration of their
term. If the Chairman, or the Vice-Chairman or any member of the BOARD fails to complete
his term, any person appointed to fill the vacancy shall serve only for the unexpired portion of
the term of the BOARD Member whom he succeeds.

No person shall be appointed to the BOARD, unless he is a natural-born citizen of the


Philippines, not less than twenty-one (21) years of age, and of good moral character and standing
in the community; Provided, that in the selection of the members of the BOARD due
consideration shall be given to such qualifications as would produce a multi-sectoral combination
of expertise in the various areas of motion picture and television; Provided, further, That at least
five (5) members of the BOARD shall be members of the Philippine Bar. Provided, finally, that at
least fifteen (15) members of the BOARD may come from the movie and television industry to
be nominated by legitimate associations representing the various sectors of said industry.

The Chairman, the Vice-Chairman and the other members of the BOARD shall be
entitled to transportation, representation and other allowances which shall in no case exceed
FIVE THOUSAND PESOS (P5,000.00) per month.

Section 3. Powers and Functions. - The BOARD shall have the following functions,
powers and duties:

a) To promulgate such rules and regulations as are necessary or proper for the
implementation of this Act, and the accomplishment of its purposes and objectives,
including guidelines and standards for production, advertising and titles. Such rules and
regulations shall take effect after fifteen (15) days following their publication in
newspapers of general circulation in the Philippines;

b) To screen, review and examine all motion pictures as herein defined, television programs,
including publicity materials such as advertisements, trailers and stills, whether such
motion pictures and publicity materials be for theatrical or non-theatrical distribution, for
television broadcast or for general viewing, imported or produced in the Philippines, and
in the latter case, whether they be for local viewing or for export;

c) To approve or disapprove, delete objectionable portions from and/or prohibit the


importation, exportation, production, copying, distribution, sale, lease, exhibition and/or
television broadcast of the motion pictures, television programs and publicity materials
subject of the preceding paragraph, which, in the judgment of the board applying
contemporary Filipino cultural values as standard, are objectionable for being immoral,
indecent, contrary to law and/or good customs, injurious to the prestige of the Republic
of the Philippines or its people, or with a dangerous tendency to encourage the
commission of violence or of a wrong or crime, such as but not limited to:

i. Those which tend to incite subversion, insurrection, rebellion or sedition against the
State, or otherwise threaten the economic and/or political stability of the State;
ii. Those which tend to undermine the faith and confidence of the people in their
government and/or the duly constituted authorities;
iii. Those which glorify criminals or condone crimes;

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iv. Those which serve no other purpose but to satisfy the market for violence or
pornography;
v. Those which tend to abet the traffic in and use of prohibited drugs;
vi. Those which are libelous or defamatory to the good name and reputation of any
person, whether living or dead; and
vii. Those which may constitute contempt of court or of any quasi-judicial tribunal, or
pertain to matter which are sub-judice in nature.

Provided, however, that deletions or cuts must not be made on the master negative of
the films, and that such master negative shall be deposited with the Film Archives of the
Philippines and shall be released for export purposes to the film owner only upon
showing of the proper export permit; Provided, finally, that the film owner shall execute his
own undertaking that such master negative shall be exclusively used for export purposes
and not for local viewing;

d) To supervise, regulate, and grant, deny or cancel, permits for the importation,
exportation, production, copying, distribution, sale, lease, exhibition, and/or television
broadcast of all motion pictures, television programs and publicity materials, to the end
that no such pictures, programs and materials as are determined by the BOARD to be
objectionable in accordance with paragraph (c) hereof shall be imported, exported,
produced, copied, reproduced, distributed, sold, leased, exhibited and/or broadcast by
television;

e) To classify motion pictures, television programs and similar shows into categories such
as "G" or "For General Patronage" (all ages admitted), "P" or "Parental Guidance
Suggested", "R" or "Restricted" (for adults only), "X" or "Not for Public Viewing", or
such other categories as the BOARD may determine for the public interest;

f) To close movie houses and other similar establishments engaged in the public exhibition
of motion pictures and television programs which violate the provisions of this Act and
the rules and regulations promulgated by the BOARD pursuant hereto;

g) To levy, assess and collect, and periodically adjust and revise the rates of, fees and
charges for the work of review and examination and for the issuance of the licenses and
permits which the BOARD is authorized to grant in the exercise of its powers and
functions and in the performance of its duties and responsibilities;

h) To deputize representatives from the government and from the various associations in
the movie industry, whose main duties shall be to help ensure compliance with all laws
relative to the importation, exportation, copying, distribution, sale, lease, exhibition
and/or television broadcast of motion pictures, television programs, advertisements and
publicity materials. For this purpose, the BOARD may constitute such Regulatory
Council or Councils composed of representatives from the government and the movie
and television industry as may be appropriate to implement the purposes and objectives
of this Act. The BOARD may also call on any law enforcement agency for assistance in
the implementation and enforcement of its decisions, orders or awards;

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i) To cause the prosecution, on behalf of the People of the Philippines, of violators of this
Act, of anti-trust, obscenity, censorship and other laws pertinent to the movie and
television industry;

j) To prescribe the internal and operational procedures for the exercise of its powers and
functions as well as the performance of its duties and responsibilities, including the
creation and vesting of authority upon sub-committees of the BOARD for the work of
review and other related matters; and

k) To exercise such powers and functions as may be necessary or incidental to the


attainment of the purposes and objectives of this Act, and to perform such other related
duties and responsibilities as may be directed by the President of the Philippines.

Section 4. Decision. - The decision of the BOARD either approving or disapproving


for exhibition in the Philippines a motion picture, television program, still and other pictorial
advertisement submitted to it for examination and review must be rendered within a period of
ten (10) days which shall be counted from the date of receipt by the BOARD of an application
for the purpose, together with motion picture, television program, still or other pictorial
advertisement to be reviewed.

For each review session, the Chairman of the BOARD shall designate a sub-committee
composed of at least three (3) BOARD Members to undertake the work of review. Any
disapproval or deletion must be approved by a majority of the sub-committee members so
designated. After receipt of the written decision of the sub-committee, a motion for
reconsideration in writing may be made, upon which the Chairman of the BOARD shall
designate a sub-committee of five (5) BOARD Members to undertake a second review session,
whose decision on behalf of the BOARD shall be rendered through a majority of the sub-
committee members so designated and present at the second review session. This second review
session shall be presided over by the Chairman, or the Vice-Chairman, or by a member
designated by the Chairman. The decision of the BOARD in the second review session shall be
rendered within five (5) days from the date of receipt of the motion for reconsideration.

Every decision of the BOARD disapproving a motion picture, television program or


publicity material for exhibition in the Philippines must be in writing, and shall state the reasons
or grounds for such disapproval. No film or motion picture intended for exhibition at movie
houses or theaters or on television shall be disapproved by reason of its topic, theme or subject
matter, but upon the merits of each picture or program considered in its entirety.

The second decision of the BOARD shall be final, with the exception of a decision
disapproving or prohibiting a motion picture or television program in its entirety which shall be
appealable to the President of the Philippines, who may himself decide the appeal, or be assisted
either by an ad hoc committee he may create or by the Appeals Committee herein created.

An Appeals Committee in the Office of the President of the Philippines is hereby created
composed of a Chairman and four (4) members to be appointed by the President of the
Philippines, which shall submit its recommendations to the President. The Office of the
Presidential Assistance for Legal Affairs shall serve as the Secretariat of the Appeals Committee.
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The decision of the President of the Philippines on any appealed matter shall be final.

Section 5. Executive Officer. - The Chairman of the BOARD shall be the Chief
Executive Officer of the BOARD. He shall exercise the following functions, powers and duties:

a. Execute, implement and enforce the decisions, orders, awards, rules and regulations
issued by the BOARD;

b. Direct and supervise the operations and the internal affairs of the BOARD;

c. Establish the internal organization and administrative procedures of the BOARD, and
recommend to the BOARD the appointment of the necessary administrative and
subordinate personnel; and

d. Exercise such other powers and functions and perform such duties as are not
specifically lodged in the BOARD.

The Chief Executive Officer shall be assisted by an Executive Director who shall be
appointed by the President of the Philippines. The Executive Director shall hold office for a
term of one (1) year, unless sooner removed by the President of the Philippines for any cause;
Provided, that any appointee shall be eligible for re-appointment after the expiration of his term.

Unless otherwise provided by law, the Chief Executive Officer shall receive an annual
salary of SEVENTY TWO THOUSAND PESOS (P72,000.00) and the Executive Director shall
receive an annual salary of SIXTY THOUSAND PESOS (P60,000.00).

Section 6. Examination and Review. - Except members of the BOARD, persons


specifically authorized by the BOARD, and two representatives each of the distributor and/or
producer and exhibiter of the motion picture, television program or publicity material under
examination and review, no person shall be allowed inside the screening room during the
examination and review of said motion picture, television program or publicity material. Before
each review session, the distributor or producer shall submit to the BOARD a sworn statement
declaring the exact number of prints made for the picture or material to be examined or
reviewed.

Section 7. Unauthorized showing or exhibition. - It shall be unlawful for any person


or entity to exhibit or cause to be exhibited in any movie house, theater or public place or by
television within the Philippines any motion picture, television program or publicity material,
including trailers, and stills for lobby displays in connection with motion pictures, not duly
authorized by the owner or his assignee and passed by the BOARD; or to print or cause to be
printed on any motion picture to be exhibited in any theater or public place or by television a
label or notice showing the same to have been officially passed by the BOARD when the same
has not been previously authorized, except motion pictures, television programs or publicity
material imprinted or exhibited by the Philippine Government and/or its departments and
agencies, and newsreels.

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Section 8. Posting or Display of Certificate or Label. - The motion picture exhibitors
shall post and/or display the certificate or label of approval of the motion picture by the
BOARD, and shall post or display, or cause to be posted or displayed, the said certificate or label
at conspicuous places near the entrances to theaters or places of exhibition, and shall include in
all their cinema advertisements announcements stating the classification, as provided in Section 3
(e) hereof, of the motion picture being exhibited or advertised.

Section 9. Admission to Moviehouses or Theaters. - 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 or her age in order to gain admission into, a movie house or theater showing a motion
picture classified as "Restricted" or "For Adults Only" by the BOARD. It shall be also unlawful
for any employee of a movie house 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 "Restricted" or "For Adults Only". In case of doubt as to the age of the
person seeking admission, the latter shall be required to exhibit his or her residence certificate or
other proof of age.

Section 10. Definition of Terms. - For purposes of this Act, the following terms shall
mean:

1. Motion Picture - A series of pictures projected in a screen in rapid succession, with


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

2. Television Broadcast - Public showing by transmitting sound or images by television or


similar equipment, including cable television, and other limited audience distribution.

3. General Viewing - Making motion pictures available to general public for its viewing
through convenient film packs or similar materials sold, leased, or lent in commercial
outlets, public lending clubs, and similar organizations.

4. Non-Theatrical Distribution --
a. Public showing of long and short motion pictures through the use of mobile
projection equipment not imposing admission fee.
b. Showing long or short motion pictures to organizations, societies, clubs, groups,
etc. Such as films for children, educational, documentary, cultural, scientific,
newsreel, industrial, sales, public relations, and instructional films.

5. Theatrical Distribution - Public showing and/or exhibition in any cinema or theater or


in any other place of motion pictures imposing admission fees on persons for
entertainment, education, information and advertising.

6. An Adult - is any person eighteen (18) years of age or over.

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7. Review Session - shall mean the review and examination of motion pictures, television
programs and similar shows, or publicity materials, by the BOARD.

Section 11. Penalty. - Any person who violates the provisions of this Decree and/or the
implementing rules and regulations issued by the BOARD, shall, upon conviction, be punished
by a mandatory penalty of three (3) months and one day to one (1) year imprisonment plus a fine
of not less than fifty thousand pesos but not more than one hundred thousand pesos. The
penalty shall apply whether the person shall have committed the violation either as principal,
accomplice or accessory. If the offender is an alien, he shall be deported immediately. The
license to operate the movie house, theater, or television station shall also be revoked. Should the
offense be committed by a juridical person, the chairman, the president, secretary, treasurer, or
the partner responsible therefore, shall be the persons penalized.

The provisions of Presidential Decree No. 968, as amended (Probation Law) shall not
apply in cases of violations of this Decree.

Section 12. Banning of Motion Pictures and Television Programs. - In the event a
motion picture or television program, after examination and review by the BOARD, is declared
unfit for exhibition in the Philippines, the said motion picture or television program shall be
returned by the importer or distributor thereof to the country of origin or to any other place
outside of the Philippines within a period of thirty days, which shall be counted from the date of
receipt by the importer of distributor of the decision of the BOARD banning the motion picture
or television program for exhibition in the Philippines, and all customs duties and internal
revenue taxes paid by the importer or distributor on account of the importation to and entry into
the Philippines of the said motion picture or television program shall be automatically refunded
by the government office concerned to the said importer or distributor. A copy of the decision
of the BOARD banning a motion picture or television program for exhibition in the Philippines
shall be furnished to the Commissioner of Internal Revenue and to the Collector of Customs of
the port of entry of the said motion picture or television program, and the same shall constitute a
sufficient authority to the Commissioner of Internal Revenue and the Collector of Customs
concerned to refund the internal revenue taxes and customs duties paid by the importer or
distributor on account of the importation of the banned motion picture or television program.

Section 13. Inspection. - In addition to its powers vested by law, and for the effective
enforcement of the provisions of this act, the BOARD or its duly authorized representatives
shall have the power to inspect all public exhibitions of any motion picture or publicity material
in movie houses, theaters and other public establishments, and in any case, upon discovery of
any motion picture or publicity material which, although previously approved by the BOARD,
has been tampered with to introduce any unapproved matter, to immediately seize the article
containing or incorporating such unapproved matter and to cause the prosecution of the
person(s) responsible for the violation of this Act, Presidential Decree No. 49 and/or the
Revised Penal Code, as amended.

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Upon conviction of the violator(s), the materials seized as well as the other proceeds or
instruments of the crime shall be disposed of in accordance with the Revised Penal Code, as
amended.

Section 14. Manila Film Center. - Motion pictures imported or produced by the
management of the Manila Film Center whether singly or in joint venture with Filipino or
foreign citizens, corporations or groups shall not be subject to the jurisdiction, supervision and
control of the BOARD; Provided, That, such motion pictures are exhibited or shown only in the
Film Center; Provided, further, That such motion pictures shall be subject to review and
examination by the BOARD in case they are distributed for general viewing elsewhere in the
Philippines.

Section 15. Abolition of the Board of Review for Motion Pictures and Television. -
The Board of Review for Motion Pictures and Television (BRMPT) created under Republic Act
No. 3060, as amended, is hereby abolished, and its powers and functions are hereby transferred
to the BOARD. Such transfer shall include the corresponding balances of appropriations,
records, equipment, properties, and such personnel as may be necessary; Provided, that the
BOARD shall effect the transfer herein provided in a manner that will ensure the least disruption
of operations.

All personnel affected by the abolition shall be deemed separated from the service, unless
re-appointed to appropriate positions in the BOARD. Any affected officer or employee not re-
appointed, or who refuses his re-appointment, shall be paid the money value of his accumulated
vacation and sick leaves and such retirement benefits as may be due to him under existing laws.
Any person not qualified for retirement benefits shall be paid a fraction of more than six months
being considered one whole year payable in lump sum based on the highest monthly salary
received from the savings and salary lapses in the BRMPT.

The incumbent Chairman, Vice-Chairman and members, and personnel of the BRMPT
shall continue to perform their duties and functions in a hold-over capacity, until the new
Chairman and at least five members of the BOARD shall have been appointed and qualified.

Section 16. Organizational Pattern Personnel. - The BOARD shall determine its
organizational structure and its staffing pattern. It shall have the power to suspend or dismiss for
cause any employee and/or approve or disapprove the appointment, transfer or detail of
employees. It shall appoint the Secretary of the BOARD who shall be the official custodian of
the records of the meetings of the BOARD and who shall perform such other duties and
functions as directed by the BOARD.

Section 17. Applicability of Civil Service Law. - The BOARD and its officers and
employees shall be subject to the Civil Service Law, rules and regulations; Provided, that
technical personnel shall be selected on the basis of merit and fitness to be determined in
accordance with such policies and guidelines as may be approved by the BOARD.

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Section 18. Commission on Audit. - The Chairman of the Commission on Audit shall
be the ex-officio Auditor of the BOARD. For this purpose, he may appoint a representative who
shall be the auditor of the BOARD, together with the necessary personnel to assist said
representative in the performance of his duties. The number and salaries of the auditor and said
personnel shall be determined by the Chairman of the Commission on Audit. Said salaries and all
other expenses of maintaining the auditor's office shall be paid by the BOARD.

The Auditor shall, as soon as practicable, but not later than three (3) months after the
accounts have been submitted to audit, send an annual report to the BOARD. The Auditor shall
also submit such periodic or special reports as the BOARD may deem necessary or proper.

Section 19. Annual Report. - The BOARD shall, within three months after the end of
every fiscal year, submit its annual report to the President. The annual report shall include,
among others, a statement of the BOARD's accomplishments together with its plans and
recommendations to improve and develop its operations and the supervision and regulation of
the movie and television industry.

Section 20. Sinking Fund. - Notwithstanding any provision of law, rule or regulation,
executive or administrative order to the contrary, there is hereby established a Sinking Fund, to
be administered at all times by the BOARD, consisting of all such fees and charges levied,
assessed, and collected by the BOARD which shall be at immediate disposal of the BOARD to
be used exclusively for the operational and administrative expenses of the BOARD and for the
acquisition of necessary facilities, supplies and equipment.

Section 21. Assistance in the Enforcement Functions of the BOARD. - The


BOARD may solicit the direct assistance of other agencies and units of the government, and
deputize, for a fixed and limited period, the heads or personnel of such agencies and units to
perform enforcement functions for the BOARD. The government agencies and units exercising
the enforcement functions for the BOARD shall, insofar as such functions are concerned, be
subject to the direction and control of the BOARD.

Section 22. Repealing Clause. - Any provision, law, decree, executive or administrative
order, rule or regulation inconsistent with this Decree, is hereby repealed, amended, or modified
accordingly.

Section 23. Separability Clause. - The provisions of this Decree are hereby deemed
separable. If any provision thereof be declared invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the other provisions which shall remain in full force and
effect.

Section 24. Effectivity. - This Decree shall take effect after fifteen (15) days following
its publication in the Official Gazette and/or in newspapers of general circulation in the
Philippines.

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Done in the City of Manila, this 5th day of October, in the year of Our Lord, Nineteen
Hundred and Eighty-Five.

-----*-----

PRESIDENTIAL DECREE NO. 1986

2004 IMPLEMENTING RULES


AND REGULATIONS, as amended

Pursuant to Section 3 (a) of Presidential Decree No. 1986, the Movie and Television
Review and Classification Board (MTRCB), hereafter referred to as the BOARD, hereby enacts
and promulgates the following Rules and Regulations.

Chapter I
DEFINITION OF TERMS

As used in the Rules and Regulations, the following terms shall mean:

(a) BOARD – The Movie and Television Review and Classification Board (MTRCB)
created under Presidential Decree No. 1986.

(b) MOTION PICTURE – A series of pictures projected on a screen in rapid succession so


as to produce the optical effect of a continuous picture in which the objects move
whether the picture is in black and white or in color, silent or with accompanying sound,
on whatever medium, with whatever mechanism or equipment they are projected for
instant showing.

(c) TELEVISION BROADCAST – A public showing of images (video) and sounds (audio)
via free television whether on Very High Frequency (VHF), or Ultra High Frequency
(UHF), to include cable television and other limited audience distribution.

(d) THEATRICAL DISTRIBUTION – A public exhibition of motion pictures in theaters,


movie houses, or other places imposing admission fees.

(e) PUBLICITY MATERIALS and/or Promotional Materials – Any material used to


generate public interest in a motion picture or television program such as television
commercials, movie and television trailers, print advertisements, still photos, photo
frames, leaflets, posters and billboards and other related media.

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(f) LIVE TV SHOW – A television program telecast at the same time that it is being
performed.

(g) TAPED TV SHOW – A television program recorded before it is telecast.

(h) GENERAL VIEWING – Refers to motion pictures made available to the general
public for viewing whether through theaters, film libraries or such similar organizations.

(i) REVIEW – The process of previewing motion pictures, television programs and related
publicity materials to determine whether, based on the standards set by law, these are fit
for importation, exportation, production, copying, distribution, sale, lease, and exhibition
in theater or non-theatrical distribution networks; and to determine the material’s
classification.

(j) NEWS – Refers to straight and objective news reporting as distinguished from news
analyses, commentaries, opinions and editorials.

(k) NEWS ANALYSES, COMMENTARIES, OPINIONS and EDITORIALS – Refer to


views which are SUBJECTIVE in nature, whether these are of the speaker’s and/or the
network’s.

(l) NON-THEATRICAL DISTRIBUTION – A public showing of full-length or short-


feature motion pictures through the use of mobile or non-mobile projection equipment
for which no admission fee is charged. This includes showing of full-length and short-
feature motion pictures exclusively to civic organizations, societies, clubs and other
similar groups, including juvenile, educational, documentary, cultural, scientific,
journalistic, industrial, sales, public relations and instructional films.

Chapter II
GUIDING PRINCIPLES

Section 1. – The BOARD shall review and classify motion pictures, television programs
and related promotion materials and commercials for TV and cinema, applying as general
standard contemporary Filipino cultural values.

Section 2. – No motion picture, television program, or promotional material intended


for such exhibition shall be disapproved by reason of its topic, theme or subject matter, subject
to Article 201, “Offenses Against Decency and Good Customs” of the Revised Penal Code.

Section 3. – The classification shall be based on the treatment of theme, violence,


language, nudity, sex, horror, illegal drugs and other similar elements. In making the evaluation,
the BOARD shall not look at pieces of film, television, and related promotional materials in
isolation, but shall consider the submitted material in its entirety.

Section 4. – The BOARD is fully aware of the State’s concern in molding and
reinforcing the moral character of the people as well as protecting the artist’s freedom of
expression. The BOARD’s obligation therefore as mandated by law is to safeguard these values

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without negating the vital roles and services that the motion picture and television industries
render to the community as important components in building the national economy.

Section 5. – The review and classification system rests on the doctrine of PARENS
PATRIAE as well as the natural right of parents in rearing their children under the Constitution.
The BOARD recognizes the fundamental role of parents in their children’s choice of motion
picture or television program, and thereby helps them decide what they will allow their children
to watch.

Section 6. – The BOARD is a regulatory body which must not only function in terms of
reviewing and classifying films or television programs brought before it but must also initiate
plans and cooperate with the industry to improve, upgrade and make it viable as an important
component of the national economy.

Chapter III
SCOPE OF AUTHORITY

All motion pictures, television programs and commercials intended for public exhibition
in theaters and television, and related publicity materials and/or promotional materials, whether
imported or produced in the Philippines, for the purpose of local viewing or for export, shall be
subject to review and classification by the BOARD before they are exported, copied, distributed,
sold, leased and exhibited.

Chapter IV
MOVIE, TELEVISION, and TRAILER CLASSIFICATION

Section 1. Movie Classification1 – Motion pictures shall be classified as GENERAL


AUDIENCE (“G”); PARENTAL GUIDANCE - 13 (“PG”); RESTRICTED – 13 (“R-13”);
RESTRICTED – 16 (“R-16”); RESTRICTED – 18 (“R-18); and NOT FOR PUBLIC
EXHIBITION (“X”). In classifying motion pictures, the BOARD shall consider the treatment
of the following factors: theme, violence, language, nudity, sex, horror, drugs, without prejudice
to such other factors or elements that it may deem appropriate to consider.

These Rules shall cover all motion pictures, and publicity materials for, or pertaining to,
theatrical and/or non-theatrical distribution.

All motion pictures shall strictly comply with the classification rating herein prescribed;
otherwise, they shall not be approved for theatrical and non-theatrical distribution.

The classification ratings for motion pictures shall be color coded, as follows: 2

Film Rating Color

GENERAL AUDIENCE (G) -- GREEN


PARENTAL GUIDANCE (PG) -- BLUE

1
As amended by Memorandum Circular No. 08-2012 issued on 19 July 2012. See Annex “A.”
2
As amended by Memorandum Circular No. 10-2012 issued on 03 October 2012. See Annex “B.”

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RESTRICTED-13 (R-13) -- YELLOW
RESTRICTED-16 (R-16) -- ORANGE
RESTRICTED-18 (R-18) -- RED

Applying contemporary Filipino cultural values as standard, the following are the
guidelines for film classification:

A. GENERAL AUDIENCE (“G”) – Viewers of all ages are admitted. A “G”


classification advises parents or supervising adults that the film, in the judgment of the BOARD,
is suitable for all audiences.

1. THEME – The film must contain themes that are appropriate for all audiences. It
should not contain violence, threat, abuse, horror, or other themes that may cause
fear or disturbance to a young child’s mind. It should promote positive values.

2. LANGUAGE – The film may contain dialogue or other word representations


beyond polite language, but swear words or gestures shall not be allowed. Profane,
offensive, and sexually-suggestive language or gestures shall not be allowed.
Language shall include both verbal and non-verbal expressions.

3. NUDITY – The film may contain occasional, as well as natural nudity; provided
there is no sexual or demeaning context to it.

4. SEX – The film cannot contain and depict sexual activity, and such other scenes with
a sexual context.

5. VIOLENCE – The depiction of any violence must be mild, brief, infrequent, and
unlikely to cause undue anxiety or fear to young children.

6. HORROR – The depiction of horror and frightening scenes should be mild, brief,
infrequent, and unlikely to cause undue anxiety or fear to young children.

7. DRUGS – There shall be no depiction of, or reference to, prohibited drugs or their
use.

B. PARENTAL GUIDANCE (“PG”) – Viewers below thirteen (13) years old


must be accompanied by a parent or supervising adult when admitted into a “PG” film. A
“PG” classification advises parents or supervising adults that the film may contain any of the
following: themes, language, violence, nudity, sex, and horror, whose treatment is suitable for
children below thirteen (13) years of age.

A film classified as “PG” shall, in the judgment of the Board, meet the following criteria:

1. THEME – The film may contain themes that require parental supervision and
guidance, but the treatment shall nonetheless be appropriate for children below
thirteen (13) years of age.

The film should not promote any dangerous, violent, discriminatory, or otherwise
offensive behavior or attitude.

22
The film should contain redeeming social values.

2. LANGUAGE – The film may contain mild and infrequent swear words and
menacing language.

The use of strong swear words or sexually-derived expletives, as well as the


successive or frequent use of swear words and expletives shall not be allowed.

Offensive, menacing, threatening language and references to sex shall always be


suitable for viewers who are below thirteen (13) years of age.

Sexually-suggestive language may be allowed; provided that it is neither frequent nor


prolonged, and always justified by the context of the scene where such is heard.

3. NUDITY – The film may contain occasional, as well as natural nudity; provided that
there is no sexual or demeaning context to it.

4. SEX – The depiction of sexual activity may be allowed, but it should be discreet,
infrequent, and not prolonged; provided no graphic depiction of sexual activity shall
be allowed.

5. VIOLENCE – The depiction of violence and suffering should be minimal, and


without graphic detail; provided that gratuitous violence shall not be allowed in any
case.

6. HORROR – The depiction of horror and frightening scenes shall be allowed;


provided that they are brief and infrequent.

7. DRUGS – There shall be no depiction of, or reference to, prohibited drugs or


substances and their use.

C. RESTRICTED–13 (“R-13”) – Only viewers who are thirteen (13) years old
and above can be admitted into an “R-13” film. An “R-13” classification advises parents or
supervising adults, as well as the would-be viewers themselves, that the film may contain any of
the following: themes, language, violence, nudity, sex, horror, and drugs whose treatment may
not be suitable for children below thirteen (13) years of age.

A film classified as “R-13” must, in the judgment of the Board, meet the following
criteria:

1. THEME – The film may contain mature themes; provided that the treatment of any
of these themes is suitable for teenagers above thirteen (13) years of age.

The film shall not gratuitously promote or encourage any dangerous, violent,
discriminatory, or otherwise offensive behavior or attitude.

The film must contain social redeeming values.

23
2. LANGUAGE – The film may contain moderate swear words and menacing language
consistent with the context of the scene in which they are employed.

The use of strong swear words or sexually-derived or suggestive expletives and


expressions as well as the use of swear words and expletives shall be allowed;
provided that its use is infrequent and not vulgar.

Offensive, menacing, threatening or other equally negative language, as well as


references to sex shall be suitable for viewers who are at least thirteen (13) years of
age.

The use of sexually-oriented or suggestive language and other references to sex shall
always be suitable for viewers who are at least thirteen (13) years of age.

3. NUDITY – The film may contain occasional, natural and sexually-oriented nudity;
provided that this is brief and discreet, and its use is justified by the context,
narrative, or character development; and taking into account the contemporary
values and understanding of a Filipino viewer who is at least thirteen (13) years of
age.

4. SEX – Sexual activity may be depicted, but it should be discreet, infrequent, brief,
and without graphic detail; provided that its depiction is justified by the context,
narrative, or character development; and taking into account the contemporary
values and understanding of a Filipino viewer who is at least thirteen (13) years of
age.

5. VIOLENCE – Violence may be allowed; provided that it is infrequent, not


gratuitous, and without graphic detail, and its use is justified by the context, narrative,
or character development; and taking into account the contemporary values and
understanding of a Filipino viewer who is at least thirteen (13) years of age.

6. HORROR – The depiction of horror, frightening scenes, and occasional gore are
allowed; provided that such depiction is justified by the context, narrative, or
character development; and taking into account the contemporary values and
understanding of a Filipino viewer who is at least thirteen (13) years of age.

7. DRUGS – The depiction of drugs or their use may be allowed; provided that such
depiction is brief and infrequent, and the same is justified by the context, narrative,
or character development; and taking into account the contemporary values and
understanding of a Filipino viewer who is at least thirteen (13) years of age.

The movie shall not in any case promote, condone, justify and/or encourage drug
use.

D. RESTRICTED-16 (“R-16”) – Only viewers as well as the viewers themselves


who are sixteen (16) years old and above can be admitted into an “R-16” film. An “R-16”
classification advises parents and supervising adults that the film may contain any of the
following: themes, language, violence, nudity, sex, horror, and drugs that may not be suitable for
children below sixteen (16) years of age.

24
A film classified as “R-16” must, in the judgment of the Board, meet the following
criteria:

1. THEME – There are no restrictions on themes; provided that the treatment is


appropriate for viewers who are at least sixteen (16) years of age.

2. LANGUAGE – The film may use any kind of language; provided that such use is
justified by context, narrative, or character development; and taking into account the
contemporary values and understanding of a Filipino viewer who is at least sixteen
(16) years of age.
3. NUDITY – The film may contain natural and sexually-oriented nudity; provided that
it is discreet and its depiction is not gratuitous and is justified by the context,
narrative, or character development; and taking into account the contemporary
values and understanding of a Filipino viewer who is at least sixteen (16) years of age.

4. SEX – Sexual activity may be depicted; provided any depiction does not contain
graphic detail, and such depiction is not gratuitous and is justified by the context,
narrative, or character development; and taking into account the contemporary
values and understanding of a Filipino viewer who is at least sixteen (16) years of age.

5. VIOLENCE – Violence and gore may be allowed; provided that their depiction is
not gratuitous and is justified by the context, narrative, or character development;
and taking into account the contemporary values and understanding of a Filipino
viewer who is at least sixteen (16) years of age.

6. HORROR – The non-gratuitous depiction of horror, frightening scenes, and gore


are allowed; provided that their use is justified by the context, narrative, or character
development; and taking into account the contemporary values and understanding of
a Filipino viewer who is at least sixteen (16) years of age.

7. DRUGS – The non-gratuitous depiction of drugs or their use may be allowed;


provided that its depiction is justified by the context, narrative, or character
development; and taking into account the contemporary values and understanding of
a Filipino viewer who is at least sixteen (16) years of age.

The movie shall not in any case promote, condone, and encourage drug use.

E. RESTRICTED–18 (“R-18”) – Only viewers who are eighteen (18) years old
and above can be admitted into an “R-18” film. An “R-18” classification advises viewers,
parents, and supervising adults that the film may contain any of the following: themes, language,
violence, nudity, sex, horror, and drugs that may not be suitable for children below eighteen
(18) years of age.

An “R-18” rating does not mean that the film is “obscene”, “offensive”, or
“pornographic,” as these terms are defined by law.

A film classified as “R-18” must, in the judgment of the Board, meet the following
criteria:
1. THEME – There are no restrictions on themes and their treatment.

25
2. LANGUAGE – The film may use any kind of language; provided that such use is
justified by the context, narrative, or character development; and taking into account
the contemporary values and understanding of a Filipino viewer who is at least
eighteen (18) years of age.

3. NUDITY – The film may contain sexually-oriented nudity; provided that it is non-
gratuitous, and is justified by the context, narrative, or character development; and
taking into account the contemporary values and understanding of a Filipino viewer
who is at least eighteen (18) years of age.

An “R-18” rating does not mean that the film is “obscene” or “pornographic,” as
these terms are defined by law.

4. SEX – The realistic depiction of sexual activity may be allowed; provided that such
depiction is not gratuitous, and is justified by the context, narrative, or character
development; and taking into account the contemporary values and understanding of
a Filipino viewer who is at least eighteen (18) years of age.

An “R-18” rating does not mean that the film is “obscene” or “pornographic,” as
these terms are defined by law.

5. VIOLENCE – There are no restrictions on the depiction of violence except that it


should not be gratuitous and that it is justified by the context, narrative, or character
development; and taking into account the contemporary values and understanding of
a Filipino viewer who is at least eighteen (18) years of age.

6. HORROR – The depiction of horror, frightening scenes, and gore are allowed;
provided that such depiction is justified by the context, narrative, or character
development, and taking into account the contemporary values and understanding of
a Filipino viewer who is at least eighteen (18) years of age.

7. DRUGS – The depiction of drugs or their use may be allowed; provided that such
depiction is justified by the context, narrative or character development; and taking
into account the contemporary values and understanding of a Filipino viewer who is
at least eighteen (18) years of age. In no case, however, should the use of drugs be
promoted, condoned, justified and/or encouraged.

F. NOT FOR PUBLIC EXHIBITION (“X”) – “X-rated” films are not suitable
for public exhibition. A film shall be disapproved for public viewing if, in the judgment of the
BOARD:

a. The average person, applying contemporary community standards and values, would
find that the dominant theme of the work, taken as a whole appeals solely to the
prurient interest and satisfies only the craving for gratuitous sex and/or violence.
b. The film depicts in a patently lewd, offensive, or demeaning manner, excretory
functions and sexual conduct such as sexual intercourse, masturbation and exhibition
of the genitals.
c. The film clearly constitutes an attack against any race, creed, or religion.

26
d. The film condones or encourages the use of illegal drugs and substances.
e. The film tends to undermine the faith and confidence of the people in their
government and/or duly-constituted authorities.
f. The film glorifies criminals or condones crimes.
g. The film is libelous or defamatory to the good name and reputation of any person,
whether living or dead.
h. The film may constitute contempt of court or of a quasi-judicial tribunal, or may
pertain to matters which are subjudicial in nature.

Any violation of this Memorandum Circular shall be dealt with the following penalties, to
wit:
a. 1st Offense: A warning that any further violation shall be dealt with more severely.

b. 2nd Offense: A fine of Twenty Thousand Pesos (Php20,000.00) shall be imposed.

c. 3rd Offense: A fine of Fifty Thousand Pesos (Php50,000.00) shall be imposed.

d. 4th Offense: A fine of One Hundred Thousand Pesos (Php100,000.00) shall be


imposed.

e. 5th Offense: A fine of Two Hundred Thousand Pesos (Php200,000.00) plus one (1)
week closure shall be imposed in case of violation is committed within one (1) year
from the date of commission of the first offense.

Section 2. Television Classification3 – All television programs are to be classified as


“GENERAL PATRONAGE (“G”); PARENTAL GUIDANCE (“PG”); STRONG
PARENTAL GUIDANCE (“SPG”) and DISAPPROVED FOR AIRING ON TELEVISION
(“X”). In classifying the television program, the Board shall consider the treatment of the
following factors: theme, violence, language, nudity, sex, horror, illegal drugs and other elements.

These Rules shall cover all television programs, motion pictures, and publicity materials
for, or pertaining to, television broadcast including cable television service.

All television programs must strictly comply with the classification rating herein
prescribed, otherwise, they shall not be approved for television broadcast.

Applying contemporary Filipino cultural values as standard, the following are the
guidelines for television classification:

A. GENERAL PATRONAGE (“G”) – Suitable for all ages. Material for


television, which in the judgment of the BOARD does not contain anything unsuitable for
children.

A pictogram advisory accompanied by full-screen written and verbal advisory to the


effect that the program is classified as “G” shall be broadcast for at least ten (10) seconds
3 As amended by Memorandum Circular No. 05-2011 issued on 25 August 2011. See Annex “C”.

27
immediately before the opening credits of the particular television material. The text of the full-
screen written advisory shall be written in font 10 of arial-narrow, solid white color with black
outline. The pictogram advisory showing a capital letter “G” written on a green box with an
MTRCB logo at the top and the phrase “General Patronage For All Viewers” at the bottom shall be
clearly superimposed at the bottom right corner of the television screen throughout the entire
showing of the program classified as such. The superimposed pictogram advisory shall be
32.5mm x 19.05mm in size.4 The suggested pictogram advisory and full-screen written and verbal
advisory are as follows:

“ANG SUSUNOD NA PROGRAMA AY RATED “G.”


ITO AY PUWEDE SA LAHAT NG MANONOOD.”

B. PARENTAL GUIDANCE (“PG”) – Parental guidance suggested. Material for


television, which, in the judgment of the BOARD, may contain some adult material that may be
permissible for children to watch but only under the guidance and supervision of a parent or
adult.

The “PG” classification advises parents to exercise parental responsibility in their


children’s viewing of the program. A pictogram advisory accompanied by full-screen written and
verbal advisory to the effect that the program is classified as “Parental Guidance” shall be
broadcast for at least ten (10) seconds immediately before the opening credits of the particular
television material classified as such. The text of the full-screen written advisory shall be written
in font 10 of arial-narrow, solid white color with black outline. The pictogram advisory showing
a capital letter “PG” written on a blue box with an MTRCB logo at the top and the phrase
“Parental Guidance For Young Viewers” at the bottom shall be clearly superimposed at the bottom
right corner of the television screen throughout the entire showing of the program classified as
such. The superimposed pictogram advisory shall be 32.5mm x 19.05mm in size.5 The suggested
pictogram advisory and full-screen written and verbal advisory are as follows:

4 As amended by Memorandum Circular No. 11-2011 issued on 02 November 2011.


5
As amended by Memorandum Circular No. 11-2011, ibid.

28
ANG SUSUNOD NA PROGRAMA AY RATED “PG.” ITO AY
NANGANGAILANGAN NANG PATNUBAY AT GABAY
NG MAGULANG PARA SA MGA BATANG MANONOOD.”

The television program classified as “PG” must, in the judgment of the Board, meet the
following criteria:

1. THEME – More serious issues may be tackled but the treatment


must be suitable to children below thirteen (13) years old.

2. LANGUAGE – Very mild swear words only shall be allowed. Use of


a strong expletive in a sexual context or sexually-based expletives shall
not be allowed. Neither shall prolonged and/or successive use of
expletives be allowed.

3. NUDITY – Occasional natural nudity, with no sexual activity, is


permissible.

4. SEX – Graphic depiction of sexual activity shall not be permitted.


Sexual activity may be implied but with no details shown.

5. VIOLENCE – There should be no glamorization of weapons and


crimes. No detail of fighting or other dangerous techniques. No
detail or prolonged showing of violence or suffering. There should be
a redeeming social value at the end.

6. HORROR – Scary sequences must be mild and brief.

7. DRUGS – There may only be implied depiction of prohibited drugs


and/or substances or their use provided it does not condone,
encourage or glamorize drug and/or substance use and it should be
necessary to the theme and characterization.

C. STRONG PARENTAL GUIDANCE (“SPG”)6 – Stronger and more vigilant


parental guidance is suggested. Programs classified as “SPG” may contain more serious topic and
theme, which may not be advisable for children to watch except under the very vigilant guidance
and presence of a parent or an adult.

6 As amended by Memorandum Circular No. 12-2011 issued on 01 December 2011. See Annex “D”.

29
The “SPG” classification warns parents to exercise greater parental responsibility in their
children’s viewing of the program. The television program classified as “SPG” must still fall
within the parameters of existing Parental Guidance classification rating. However, to merit the
issuance of an “SPG” rating, the gravity of the material must, in the judgment of the BOARD,
be leaning towards the maximum allowable for Parental Guidance rating. In determining the
proper classification rating, the Board shall consider the purpose, genre, and time slot of the
program as well as the treatment and depiction of attendant factors such as, but not limited to:
Theme (Tema), Violence (Karahasan), Drugs (Droga), Language (Lenggwahe), Sex (Sekswal) and
Horror (Katatakutan).

In the exercise of its judgment, the BOARD shall take due consideration of balancing the
interest of the State to protect the welfare of the youth with the interest of the broadcast
networks to freedom of expression.

A pictogram advisory accompanied by a full-screen written advisory with voice over to


the effect that the program is classified as “Strong Parental Guidance” shall be broadcast for at
least twenty (20) seconds, immediately before the opening credits and midway in the full airing of
the particular television material classified as such. The full-screen advisory shall specifically
declare the content descriptors pertinent to the program being shown, such as but not limited to:
Theme (Tema), Violence (Karahasan), Drugs (Droga), Language (Lenggwahe), Sex (Sekswal) and
Horror (Katatakutan).

The pictogram advisory showing the capital letters “SPG” written on a red box with the
phrase “Strong Parental Guidance Striktong Patnubay at Gabay” at the bottom shall be clearly
superimposed at the bottom right corner of the television screen throughout the entire showing
of the program classified as such. As the need may arise, the superimposed pictogram may be
placed in other part of the television screen; provided it is not done too often. The text in the
pictogram of the phrase “Strong Parental Guidance Striktong Patnubay at Gabay” shall be written in
font ten (10) of arial-narrow solid white with black outline. The superimposed pictogram
advisory shall be 32.5 mm x 19.05 mm in size.

Until further revised by the BOARD, the suggested pictogram advisory and full-screen
written advisory with voice over in Filipino are as follows:

PRESCRIBED PICTOGRAM ADVISORY:

30
FOR OPENING AND MIDWAY CREDITS:

“ANG PROGRAMANG ITO AY RATED ‘SPG.’

‘STRIKTONG’ PATNUBAY AT GABAY NG MAGULANG


ANG KAILANGAN. MAY MASESELANG TEMA,
EKSENANG KARAHASAN, DROGA, LENGGAWAHE,
SEKSWAL AT KATATAKUTANG MAAARING HINDI
ANGKOP SA MGA BATANG MANONOOD.”

D. DISAPPROVED FOR AIRING ON TELEVISION (“X”) – Any television


program that does not conform to the “G”, “PG” or “SPG” classification shall be disapproved
for television broadcast. The material shall be disapproved for television broadcast if, in the
judgment of the Board applying contemporary Filipino cultural values as standard, it is
objectionable for being immoral, indecent, contrary to law and/or good customs, injurious to the
prestige of the Republic of the Philippines or its people, or with a dangerous tendency to
encourage the commission of violence, or of a wrong, or crime, such as but not limited to:

1. The work depicts in a patently lewd, offensive, or demeaning manner, excretory


functions, and sexual conduct such as sexual intercourse, masturbation and
exhibition of the genitals.

2. The work clearly constitutes an attack against any race, creed or religion.

3. The work condones or encourages the use of illegal drugs and substances.

4. The work tends to undermine the faith and confidence of the people in their
government and/or duly constituted authorities.

5. The work glorifies criminals or condones crimes.

6. The work is libelous or defamatory to the good name and reputation of any
person, whether living or dead.

7. The work may constitute contempt of court of a quasi-judicial tribunal, or may


pertain to matters, which are subjudicial in nature.

Section 3. Movie and Television Trailers7 – Trailers and publicity/promotional


materials for movies and television must strictly be made suitable for a General Audience (“G”)
classification. Trailers and publicity/promotional materials that do not fall within the “G”
classification shall not be approved for exhibition in a movie house, television broadcast,
publication in print media and exposure in other related media.

The BOARD may, from time to time, applying Filipino cultural values, amend this
system of classification and the guidelines thereto, and the BOARD may consider the time slot,
purpose and venue of the program in determining the proper rating for it.

7 See Section 3, Chapter III of Memorandum Circular No. 08-2012.

31
Chapter V
APPLICATION AND ISSUANCE OF PERMITS

Section 1. Who May Apply – Any natural or juridical person authorized by law may
apply for a permit to import, export, produce, copy, distribute, sell, lease, publicly exhibit, or
broadcast by television, any motion picture, television program, or related publicity materials,
with respect to which use or appropriation he has, by law, the corresponding right.

Section 2. Form and Requirements of Permit Application – The application shall be


in writing and in the form prescribed by the BOARD. It shall state, among others, the kind of
permit applied for, the applicant’s name, address, and company position, and the title of the film,
television program, or publicity/promotional material being submitted. The application shall be
made under oath, to be accompanied by the following documents:

A sworn statement by the producer or, in the case of imported films, by the importer or
distributor declaring the exact number of prints of the motion picture or material produced or
imported.

i. In the case of locally produced films, a sworn certification by the film studio or
laboratory stating the exact number of film prints and corresponding footage that has
been processed, and an undertaking not to process further copies without clearance
by the BOARD.
ii. In the case of imported or exported motion pictures and publicity/promotional
materials, the documents mentioned in Chapter IX, “Import and Export of Films.”
iii. Such other documents as the BOARD may from time to time require.

Section 3. Application Fee – No application for a permit shall be acted upon by the
BOARD unless the applicant has fully paid the prescribed application fee.

Those with outstanding obligations with the BOARD shall likewise be made to settle
said obligations before the BOARD acts upon the latest application.

Section 4. Period for Review and Classification – Film prints and tapes of television
programs shall be submitted to the BOARD for classification on a “first come, first served”
basis.

Fees prescribed by the BOARD for films, and for television programs on a per-episode
basis, will be charged.

The BOARD must review and classify the motion picture, television program, or
promotional/publicity material within a period of ten (10) days, which shall be counted from the
date of receipt by the BOARD of an application for review and classification, together with the
complete film prints, the tapes of television programs, or stills and other publicity /promotional
materials to be reviewed.

In the case of a Second Review, the BOARD shall render its decision within five (5) days
from the date of the receipt of the motion picture, television program, or promotional/publicity
material for Reclassification and/or Reconsideration.

32
However, no special consideration will be made regardless of an applicant’s playdate or
date of broadcast. It is the applicant’s duty to meet his deadlines, without prejudice to those who
have submitted their respective applications, film prints, and tapes of television programs before
him.

Section 5. Titles and Publicity and/or Promotional Materials – Promotional and/or


publicity materials such as print advertisements, still photos, photo frames, leaflets, posters, and
billboards shall be submitted for review during the run of the movie as long as the first batch of
material has been approved.

The following shall not be approved as titles:

A. Direct representations of, or clear references to, sexual acts, masturbation,


excretory functions and the genitalia.

B. Those which when maliciously mispronounced for promotional purposes


become direct representations of, or clear references to, sexual acts,
masturbation, excretory functions, and the genitalia.

C. Those which no matter how innocent in a particular Philippine dialect or in


any other language are, in the Filipino language, direct representations of, or
clear references to, sexual acts, masturbation, excretory functions, and the
genitalia.

D. Those which are contrary to law, public morals, or any legitimate public
interest.

E. Those that contain vulgar language.

All publicity materials of motion pictures and television programs, whether in print or
audio/video format, are required to have permit to exhibit. Each publicity material shall be
assessed appropriate review fee. In the case of movie trailers imbedded in a particular movie
material, the assessment shall be for every movie title of the corresponding imbedded movie
trailers.8

Only such versions of publicity materials duly approved and passed upon by the
BOARD are fit for public exhibition. Film distributors are primarily responsible for the fitness
and validity of all materials distributed for public screening. Corollary, theater and television
network managers should not accept from any film distributor any publicity material, especially
imbedded movie trailers, that has not been duly cleared with the BOARD.9

In the event the title or publicity/promotional material does not meet BOARD approval,
the applicant shall undertake to shoulder additional expenses for a reshoot of optical titles or
reproduction of publicity/promotional materials.

Changing of titles of old or reissued motion pictures shall not be allowed, except when
such titles fall under any of the abovementioned subsections. Old films shall carry their original

8
See Annex “E,” Memorandum Circular No. 05-2012 issued on 12 March 2012.
9 See 2nd paragraph, Memorandum Circular No. 05-2012, ibid.

33
title in the feature print and in all promotional/publicity materials, with the word “REISSUE”
prominently printed in bold letters under the original title.

All print and sign advertisements related to motion pictures and television programs such
as advertising copy, still photos for theater lobby or non-theater lobby display, photo frames,
leaflets, posters, and billboards shall fall within the standards of a General Audience (“G”)
classification.

All advertising copy, still photos for theater lobby display, photo frames, leaflets, posters
and billboards and other promotional materials that do not meet a “G” classification cannot be
exhibited in public. Violation of this provision shall be a ground for the withholding or
cancellation of the film’s Exhibition Permit and, the imposition of other such penalties as the
BOARD may deem appropriate.

Motion pictures on which voluntary deletions have been made shall not be advertised as
“UNCUT” in any and all publicity/promotional materials. The BOARD shall not hesitate to
impose sanctions on such deceptive advertising.

The BOARD may, from time to time, applying contemporary Filipino cultural values,
amend this system of classification and the guidelines hereunder. The BOARD may consider the
time slot, purpose and venue of the program in determining the proper rating for it.

Section 6. Conspicuous Display of Exhibition Permit and Classification10 – A


copy of the Permit to Exhibit shall be prominently posted or displayed at conspicuous places
near the entrances and at the ticket booth of all theaters or cinemas or other venue where the
motion picture is exhibited. In addition, the BOARD’s classification of the motion picture shall
be prominently displayed on a three (3)-foot high standee in the theater lobby. The classification
shall likewise be included in all of the film’s print and TV advertisements as soon as the
classification is obtained.

All theater or other venue owners or operators, producers, advertisers, billboard owners
or operators, and any such other persons or entities responsible for advertising, making known,
or publicizing a film shall always prominently display the Board’s classification of the film in all
advertising, publicity, and promotional materials of whatever media, such as but not limited to
images, posters, playbills, announcements, messages, standees, billboards, signages, banners, and
marquees.11

The Board’s classification of a motion picture shall be prominently displayed on a


movable three (3)-foot high standee in the theater lobby. The standee shall display the prescribed
color-code and pictogram of the film rating and its corresponding film rating advisory.

Unless otherwise required by the Board, the standee and the color-coded film pictograms
shall have the following minimum specifications:

10 As amended by Memorandum Circular No. 10-2012, ibid.


11 See Section 5, Memorandum Circular No. 08-2012, ibid.

34
MINIMUM STANDEE SPECIFICATIONS:

Standee height (ground to top) Four (4) feet and (5) five inches
Standee printed area Fourteen (14) inches by twenty two (22) inches
(WxH)
Color-coded pictogram Ten (10) inches by twelve (12) inches (WxH)
700 Verdana Bold (for “G”)
Pictogram font size 500 Verdana Bold (for “PG” to “R-18”)
(same specifications as in film pictograms)
Font (full film rating) 40 Verdana Bold (black color)
Font (full film advisory) 40 Helvetica Bold (black color)
Material of printed area Glossy paper

FILM PICTOGRAMS SPECIFICATIONS:

A. GENERAL AUDIENCE

Background Color: Green (#009900); Gradient overlay: 009900; 5af85a; 100% location;
Font: Verdana, Bold, 302.04pt/250, Fbfdfe, Pillow emboss, Smooth, 174% depth, Direction
up, Size 35px; Layer Style: Background; Contour: input 22% output 48%; Bevel and
Emboss: Inner bevel, Smooth, 154% depth, Up direction, 27% px size, 2 px soft, Shading
106%.

B. PARENTAL GUIDANCE

Background Color: Blue (#024d82); Gradient overlay; #024d82, #3d46f7; Font: Verdana,
Bold, 302.04pt/250, Fbfdfe; Layer Style: Background; Contour: input 22% output 48%;
Bevel and Emboss: Inner bevel, Smooth, 154% depth, Up direction, 27% px size, 2 px soft,
Shading 106%.

C. RESTRICTED-13

Background Color: Yellow (#ffc000), 100% CMYK; Font: Verdana, Bold, 302.04pt/250;
Gradient overlay: 27f04/fabf7f/f27f04; Inner Bevel; Depth 368%; Size 73px; Direction –
up; Soften – 9px; Angle 153% global light 53◦; Shadow Mode: Multiply; Opacity 26%;
Gradient overlay #04fa04; Outer Glow.

D. RESTRICTED-16

Background Color: Orange (#fb9006); Font: Verdana, Bold, 302.04pt/250, Fbfdfe, Pillow
emboss, Smooth, 174% depth, Direction up, Size 35px; Layer Style: Background; Contour:
input 22% output 48%; Bevel and Emboss: Inner bevel, Smooth, 154% depth, Up
direction, 27% px size, 2 px soft , Shading 106%.

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E. RESTRICTED-18

Background Color: Red (#ff0000); Font: Verdana, Bold, 302.04pt/250, Fbfdfe, Pillow
emboss, Smooth, 174% depth, Direction up, Size 35px; Layer Style: Background; Contour:
input 22% output 48%; Bevel and Emboss : Inner bevel, Smooth, 154% depth, Up direction,
27% px size, 2 px soft , Shading 106%.

Consistent with Section 3(k) of Presidential Decree No. 1986, immediately after every
intermission, the Board’s prescribed audio-video public service announcement on film
classifications shall be exhibited on the theater screen. Also, immediately prior to every
exhibition of any main film feature, the film’s corresponding advisory rating shall be flashed on
screen in the prescribed audio-video format.

The prescribed film pictogram and audio-video advisory shall be as follows:

A. GENERAL AUDIENCE (“G”)

GENERAL AUDIENCE

ANG PELIKULANG ITO AY RATED “G.” ITO AY


PUWEDE SA LAHAT NG MANONOOD.

THIS MOVIE IS RATED “”G.” IT IS SUITABLE FOR


ALL AUDIENCES.

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B. PARENTAL GUIDANCE (“PG”)

PARENTAL GUIDANCE

ANG PELIKULANG ITO AY RATED “PG.” ITO AY


NANGANGAILANGAN NG PATNUBAY AT GABAY
NG MAGULANG PARA SA MGA BATANG
MANONOOD.

THIS MOVIE IS RATED “PG.” CHILDREN BELOW


THIRTEEN (13) YEARS OLD MAY REQUIRE
PARENTAL GUIDANCE AND DIRECTION.

C. RESTRICTED -13 (“R-13”)

RESTRICTED - 13

ANG PELIKULANG ITO AY RATED “R-13.” MAAARING


MAY TEMA, LENGGWAHE, KARAHASAN, NUDITY,
SEKSWAL, KATATAKUTAN, AT DROGA, NA HINDI
ANGKOP SA MAY EDAD NA MABABA SA
LABINTATLONG (13) TAONG GULANG.

THIS MOVIE IS RATED R-13. IT MAY CONTAIN THEMES,


LANGUAGE, VIOLENCE, NUDITY, SEX, HORROR, AND
DRUGS WHICH MAY NOT BE SUITABLE FOR CHILDREN
BELOW THIRTEEN (13) YEARS OLD.

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D. RESTRICTED-16 (“R-16”)

RESTRICTED-16

ANG PELIKULANG ITO AY RATED “R-16.” MAAARING


MAY TEMA, LENGGWAHE, KARAHASAN, NUDITY,
SEKSWAL, KATATAKUTAN, AT DROGA, NA HINDI
ANGKOP SA MAY EDAD NA MABABA SA LABING-ANIM
NA (16) NA TAONG GULANG.

THIS MOVIE IS RATED R-16. IT MAY CONTAIN THEMES,


LANGUAGE, VIOLENCE, NUDITY, SEX, HORROR, AND
DRUGS, WHICH MAY NOT BE SUITABLE FOR CHILDREN
BELOW SIXTEEN (16) YEARS OLD.

E. RESTRICTED–18 (“R-18”)

RESTRICTED-18

ANG PELIKULANG ITO AY RATED “R-18.” MAAARING


MAY TEMA, LENGGWAHE, KARAHASAN, NUDITY,
SEKSWAL, KATATAKUTAN, AT DROGA NA HINDI
ANGKOP SA MAY GULANG NA MABABA SA EDAD
LABING-WALONG (18) TAONG GULANG.

THIS MOVIE IS RATED R-18. IT MAY CONTAIN THEMES,


LANGUAGE, VIOLENCE, NUDITY, SEX, HORROR, AND
DRUGS, WHICH MAY NOT BE SUITABLE FOR CHILDREN
BELOW EIGHTEEN (18) YEARS OLD.

The prescribed MTRCB poster, on the proper understanding of the film classification
categories, shall be prominently displayed in a conspicuous place near every cinema ticket booth.
Every cinema operator shall make available such adequate number of posters as there are ticket
booths. The said poster, printed on glossy paper, and with dimensions of 27 inches by 40 inches
(WxH), shall contain the advisories with text, pictograms and images, as prescribed by the Board.

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For this purpose, and to ensure uniformity, the Board shall make available to cinema or
theater owner or operator, in digital format, the graphic content or material for the poster.

Section 7. MTRCB Seal of Approval – All still photos, photo frames and posters
approved for display in the theater lobby and other public places must bear the MTRCB seal of
approval.

Section 8. Television Programs12 – The BOARD shall not review/classify television


programs on a per-episode basis, but on a sample episode submitted from a particular program’s
output for the season. The BOARD may, if circumstances warrant, require the review of all
episodes of certain television programs.

For proper review and classification of serial television programs based on sample
episodes, the rules and guidelines are as follows:

a. Serial television programs shall be reviewed and classified based on their sample episodes
for a particular period.

b. A permit to exhibit issued based on a sample episode shall be limited to the following
number of episodes: 1) for daily telecast, shall not exceed twenty (20) episodes; 2) for
weekly telecast, shall not exceed ten (10) episodes. The sample episode itself must not be
one of the episodes to be shown within the period.

c. Serial television programs that are given a “PG” or “SPG” rating shall be subjected to an
automatic post evaluation review for purposes of determining the propriety of the
classification rating in relation to the progression of the program’s thematic content.

d. Unless determined by the BOARD to the contrary, episodes shown on Fridays shall be
submitted to the BOARD a day after their airing for purposes of post evaluation review.
If the due date falls on a non-working day of the BOARD, the material shall be
submitted on the immediately following working day.

e. To facilitate proper post evaluation review, the program producer shall submit a copy of
the material as shown on television together with a synopsis and a copy of its permit to
exhibit.

f. Materials that are originally rated “Parental Guidance” may be motu proprio reclassified by
the network or program producer to “Strong Parental Guidance”, if they deem fit in the
exercise of self-regulation, without the necessity of prior approval from the BOARD.

g. However, materials that are originally rated “Strong Parental Guidance” cannot be motu
proprio reclassified by the network or program producer to “Parental Guidance” without
prior written approval from the BOARD.

h. The pay-before-broadcast rule for the airing of each episode shall continue to be
observed.

12 As amended by Memorandum Circular No. 03-2012 issued on 23 February 2012. See Annex “F”.

39
i. Sample episodes of serial programs on daily telecast shall be submitted for proper review
and classification at least five (5) days prior to airing date, otherwise, a special review fee
shall be imposed in addition to the regular review fee. However, television programs not
on daily telecast shall continue to be regulated by the ten (10)-day prior-to-airing rule.

j. The BOARD shall retain all sample episodes for record and monitoring purposes. To
facilitate efficient archival of retained sample episodes, the BOARD shall only accept said
materials in an optical media format (DVD/VCD).

In the case of taped television programs, after submitting a sample episode of a television
program, the program producer shall be required to set aside a tape of each episode broadcast to
be made immediately available to the BOARD for spot-checking.

The tape submitted for spot-checking shall be kept by the BOARD for a period of one
month from the date of broadcast. Tapes of programs identified by the BOARD to have
consistently violated these Rules and Regulations shall be kept for a period of three months from
the date of broadcast.

Programs previously classified for “General Audiences (G)” or “Parental Guidance


(PG)” shall be continuously monitored on the basis of the same classification. To avoid
sanctions as provided for in Section 11 of PD No. 1986, television program producers shall, in
case of any doubt regarding a particular program episode’s classification, voluntarily submit said
episode to the BOARD for proper review.

In the case of live television programs such as noontime variety shows and talk shows,
the phrase “Parental Guidance” shall be superimposed onscreen throughout the airing of the
program to continuously remind parents to be on the alert because such programs may contain
material that they may deem inappropriate for their children. The program producer shall be
required to set aside a tape of each episode broadcast, to be made immediately available to the
BOARD for spot-checking.

Officers and/or owners of television networks and production companies shall be held
responsible for any violation of pertinent laws arising from or by reason of all their television
programs.

The BOARD shall not hesitate to impose penalties and fines, cancel permits and licenses,
and cause the prosecution of all those found guilty of violating said pertinent laws.

Section 9. Exempted Films and Television Programs13 – No films, television


program or publicity/promotional material for such films and television programs, unless they
are imprinted or exhibited by the Philippine Government and/or its departments and agencies,
shall be granted exemption from review and classification for audience suitability.

The following are the rules and guidelines to be observed for the proper implementation
of exemption from review and classification of legitimate government materials pursuant to
Section 7 of P.D. No. 1986:

13 As amended by Memorandum Circular No. 07-2012 issued on 02 May 2012. See Annex “G”.

40
a. Only those motion pictures, television programs, and publicity materials that are directly
imprinted or exhibited by the Philippine Government and/or its departments and
agencies are exempt from review and classification by the BOARD.

b. At the option of the requesting government agency, the material under consideration
maybe submitted to the BOARD for advisory classification to determine the audience
suitability. An advisory charge of Two Thousand Pesos (Php2,000.00) shall be made for
every full length motion picture submitted to the BOARD for advisory classification.

c. All requests for exemption from review and classification must be in the prescribed
application form made under oath by the head of the agency concerned. In case the
request for exemption is made by bureau or office head, or by local government
authorities, the application shall be signed under oath by the Secretary of the department
concerned. Any representative signing on behalf of the Secretary or Head of Agency
must be armed with a notarized special power of attorney for the specific purpose of
applying for exemption from review and classification.

d. The prescribed application for exemption from review and classification shall contain the
name and address of the requesting government agency, the specific government activity
relied as basis for exemption, the details of the material sought for exemption, the
intended date and place of exhibition, and the sworn undertaking of the Secretary or
Head of Agency, as follows:

i. That the public exhibition of the above-described material is a government


activity of our agency pursuant to its direct governmental mandate.

ii. That we take direct and primary responsibility for its public exhibition.

iii. That we have mechanism in place to make sure that only such age of person
suited for the material be admitted to its public exhibition.

iv. That the material does not contain scenes which, applying contemporary Filipino
cultural values as standard, are objectionable for being immoral, indecent,
contrary to law and/or good customs, injurious to the prestige of the Republic of
the Philippines or its people, with a dangerous tendency to encourage the
commission of violence, or of wrong or crime, tend to glorify criminals or
condone crimes, or libelous or defamatory to the good name and reputation of
any person.

e. The duly filled-up and notarized application shall be accompanied by a synopsis of the
material sought for exemption, and the same shall be submitted to the Registration
Division of the BOARD or appropriate issuance of exemption permit. One application
form shall be required for every material sought for exemption.

f. An amount of Five Hundred Pesos (Php500.00) shall be assessed for every issuance of
exemption permit. The exemption permit may contain an advisory rating if the material
under consideration was submitted for advisory classification.

g. The material covered by an exemption permit can be publicly exhibited anywhere in the
Philippines. However, such public exhibition can only be done by the government

41
agency that was granted an exemption permit. The exemption permit is not assignable or
transferable to any private entity or other agency of the government.

h. No motion picture theater or television station shall cause the public exhibition of any
motion picture, television program or publicity material not duly passed upon by the
BOARD or duly issued an exemption permit.

i. An application for exemption shall be denied if the requesting government agency fails to
substantiate that the public exhibition of the government material under consideration is
pursuant to its direct governmental update.

Section 10. Deletions and/or Cuts – It shall be the responsibility of the applicant to
delete scenes, shots or dialogue on his own to arrive at the classification he desires for his
material, with such voluntary deletions to be noted down in the Exhibition Permit as a safeguard
against illegal insertions. However, if the applicant so desires, the BOARD may suggest
deletions in order that the applicant may obtain the classification he desires.

All copies of the voluntary deletions shall be submitted to the BOARD for monitoring
purposes.

This provision shall be made to apply not only to films or television programs/shows but
also to the film’s /or TV program’s publicity/promotional materials.

Section 11. The Board may require the applicant to submit a copy of the materials
reviewed for record purposes.

Chapter VI
PROCEDURE FOR REVIEW AND CLASSIFICATION OF FILM AND
TELEVISION

Section 1. Designation of Reviewers – The Chairman of the BOARD shall designate


the members of the review committees.

It shall be the duty of the Board Members to disclose any potential conflict of interest
regarding a material assigned to him for review. No Board Member shall be assigned to sit on a
committee to review and classify when said Board Member has a conflict of interest regarding
the said movie, television program or publicity/promotional material.

Section 2. Committee on First Review

A. The Committee on First Review shall be composed of at least three (3) BOARD
MEMBERS, one of whom shall be designated as Chair by the Chairman of the
BOARD.

B. The Committee on First Review does not give special consideration for an
applicant on the basis of an impending film playdate/television broadcast, said film
playdate/television broadcast being the applicant’s responsibility.

42
C. The decision of the Committee shall be rendered by a majority vote. In case a
majority vote is not immediately reached, the Committee shall continue to deliberate
until the members arrive at a majority decision. No member shall be allowed to
abstain. Such a decision shall be rendered on the day the material is reviewed by the
Committee. Unless otherwise determined by the Committee, the decision shall be
written by the Chair of the Committee.

D. In case the Committee is unable to arrive at a majority decision on the day of the
review, the Chairman of the BOARD shall designate another committee to review
the film as soon as possible.

E. After the movie is previewed and before the Committee renders its decision, the
representatives of the producer and/or the distributor allowed by PD 1986 to join
the screening will be given a chance to defend the material.

The Committee shall confer with the applicant or his duly authorized representative
before writing the committee report or decision. With leave of the Committee, the applicant
may re-edit his material to suit the rating he is seeking. The committee report or the decision
shall then be rendered upon submission of the edited material and the deleted portions to the
same committee for checking. The decision shall clearly state the result of the voting of the
members and the particular reasons for the majority opinion.

Section 3. Committee on Second Review

A. The applicant may file a Motion for Reclassification and/or Reconsideration within
five (5) calendar days from notice of the decision.

B. Upon receipt of the Motion for Reclassification and/or Reconsideration, the


Chairman or the BOARD shall designate a Committee on Second Review composed
of five (5) Board Members to conduct a second review of the subject film or TV
show. One (1) member from the Committee on First Review may be required to sit
with the Committee on Second Review as an observer and/or consultant. No
member from the First Review Committee may sit in the Committee on Second
Review.

C. The Committee on Second Review shall be presided over by the Chairman or the
Vice-Chairman of the BOARD or by a Board Member designated by the Chairman.

D. The decision of the Committee on Second Review shall be rendered by a majority


vote (3 out of 5) of the members. In case no majority decision is arrived at, the
Committee shall continue to deliberate until a majority vote is obtained. Such a
decision shall be rendered on the day the material is reviewed. No member shall be
allowed to abstain.

E. After the movie is previewed and before the Committee renders its decision, a
representative of the producer and/or the distributor allowed by PD 1986 to join
the screening will be given a chance to present his case and/or defend his material.

F. The decision of the Committee on Second Review shall prevail over that of the
Committee on First Review.

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The decision of the Committee on Second Review shall be final, with the exception of a
decision disapproving or prohibiting the screening of a motion picture or a television program in
its entirety, which decision shall be appealable to the President of the Philippines. The President
may himself/herself decide the appeal or be assisted by an ad hoc committee he/she may create
or by the Appeals Committee as mandated by PD 1986.

Except for members of the BOARD, persons specifically authorized by the BOARD,
and two representatives of the distributor and/or producer and exhibitor of the motion picture,
television program or promotional materials under examination and review, no persons shall be
allowed in the screening room and the projectionist’s room during the examination and review
of said motion picture, television program or promotional/publicity material.

Section 4. Termination of Committee Review – A committee review shall be deemed


terminated only after the committee has rendered its decision and transmitted its decision to the
applicant.

Section 5. Decisions – Decisions of the BOARD’s First and Second Review


Committees shall all be in writing, copies of which shall be made available to the applicant upon
his request, and in no case shall be denied him. The decisions must contain a written
explanation of the committee’s classification. The decision shall be written in the Committee
Report which shall be countersigned by the applicant or his authorized representative.

Chapter VII
APPEAL

Section 1. Decisions Up for Appeal – The applicant may appeal decisions of the
Committee on Second Review disapproving a motion picture or television program from
exhibition in its entirety under Chapter III, Sections 1 and 2, Subsections (c) and (d) respectively
hereof, to the President of the Philippines, who may himself/herself decide the appeal, or be
assisted either by an ad hoc committee he/she may create, or by the Appeals Committee as
specified in Section 4, Paragraph 5, of PD 1986.

Section 2. Making the Appeal – An appeal shall be made within fifteen (15) days from
notice of the decision by the Committee on Second Review by filing a notice of appeal with the
BOARD and by paying the appeal docket fee.

Section 3. Transmittal of Film Prints and/or Records – Upon perfection of the


appeal, the BOARD shall send notice to the Office of the President regarding said appeal and
shall facilitate the transmission of the film print, television program, and/or records pertinent to
the appeal.

Section 4. Appeals Committee – The decision of the President of the Philippines


through the Appeals Committee on the appealed matter shall be final.14

14 See Rules of Procedure for the Conduct of Review of the MTRCB Appeals Committee promulgated on 19 July 2012.

44
Chapter VIII
PERMITS

Section 1. Restriction in the Use of the Permit to Exhibit – Permit holders shall use
such permits only for the purpose or purposes therein stated. Permit holders shall preserve the
integrity of the motion picture, television program, or related publicity/promotional material in
the same condition it was approved, guarding against illegal insertions of material either
previously disapproved or not submitted for review.

The BOARD shall not hesitate to impose penalties and fines, cancel permits and licenses,
and cause the prosecution of all those found guilty of exhibiting materials and film prints without
an Exhibition Permit. Tampering with the Exhibition Permit shall likewise be subject to
penalties and fines.

Section 2. Duties of Holders of Permit to Exhibit – Movie houses, theaters, and


television networks benefit financially from permits to exhibit and/or airing their respective
material. Owners of such movie houses, theaters, television networks, and their respective
managers are therefore enjoined to take on the following duties and responsibilities:

A. To ensure that the rules and regulations herein enumerated are followed and observed by
their employees under risk of sanctions against the entire company;

B. In the case of television, to create in-house network regulatory bodies to strictly ensure
that programs fall into either a “G” or a “PG” classification;

C. In the case of movie houses, to come up with similar company-instituted safeguards


against flagrant violations of the law, such as the immediate reporting to the BOARD of
any noticeable insertions or additions that are patently objectionable on the basis of the
existing guidelines for classifications;

D. To terminate, after due process, and to criminally prosecute employees involved in illegal
insertions in a material up for screening/exhibition;

E. In cases where motion pictures are presented as double features, to apply the more
restrictive classification governing admission; and

F. To comply strictly, at the risk of criminal prosecution and administrative penalty, with
classification for audience suitability, by which absolutely no unaccompanied children
below thirteen (13) are allowed into movie houses and theaters showing films classified
as “PG”, not to admit viewers below thirteen (13) when the movies are classified as “R-
13”, and absolutely no minors are allowed into movie houses and theaters showing films
classified as “R-18”.15

Section 3. Length of Validity of Permit to Exhibit

A. FOR MOTION PICTURES – The validity of an Exhibition Permit given to


motion pictures intended for theatrical release covers a period of five (5) years, without further
need for the applicant to pay application fees on a yearly basis. The said Exhibition Permit does

15 As amended by Memorandum Circular No. 08-2012, ibid.

45
not extend to television, which constantly requires that all materials for airing fit into only the
“G” or the “PG” classification.

B. FOR TELEVISION PROGRAMS – A television program reviewed on the basis


of a sample of its output for the season is given a broadcast permit for three (3) months. The
permit may be revoked at any time upon documented proof of violations of the “G”, “PG”, and
“SPG” classifications.16 Because these television programs shall be regularly monitored for spot-
checking, fees for each airing will remain in place, on a Pay-Before-Broadcast (PBB) basis.

Chapter IX
IMPORT AND EXPORT OF FILMS

Section 1. Import of Films – Upon advice of an applicant, the BOARD shall issue the
permit required to release imported motion pictures, television programs, or related publicity
materials from the Bureau of Customs. Such permit shall be issued upon proper application,
payment of fees, and submission of documents prescribed by the BOARD.

The permit to release imported motion pictures, television programs, television


commercials, or related publicity materials from the Bureau of Customs is not to be confused
with the Exhibition Permit which comes only after said motion pictures, television programs, or
related publicity materials have been reviewed and classified.

Applicants with previous account with the BOARD must first settle such accounts in
order for them to get their respective permits.

Section 2. Disposition of Imported Films Determined to be Not Suitable for


Public Exhibition – Motion pictures, television programs, and promotional/publicity materials
declared not suitable for public in the Philippines shall be ordered returned to the country of
origin within thirty (30) days from the Importer/Distributor’s receipt of the BOARD’s final
decision. A true copy of the decision shall be forwarded to the Commissioner of Internal
Revenue and the Collector of Customs. The Importer/Distributor shall submit to the BOARD
proof of compliance within ten (10) days from the expiration of the thirty (30)-day period.

Section 3. Export of Films – No motion picture, television program, or related


publicity material may be exported outside the Philippines without a permit to export issued by
the BOARD. Such permit shall be issued upon proper application, payment of fees, and the
submission of documents prescribed by the BOARD. Whenever a version different from that
previously approved by the BOARD for local exhibition is to be exported, a separate review may
be undertaken but without prejudice to the issuance of the necessary export permit. Motion
pictures, television programs, and/or publicity materials exhibited abroad fall under the inviting
country’s own rules and regulations governing the exhibition and/or airing of such.

Chapter X
REGISTRATION OF PERSONS UNDER THE BOARD’S JURISDICTION

Section 1. Registration17 – All persons and entities authorized by law to engage in the
movie and television industry such as but not limited to importers or exporters of films and

16 As amended by Memorandum Circular No. 05-2011, ibid.


17 As amended by Memorandum Circular No.06-2012 issued on 26 April 2012. See Annex “H”.

46
television programs, film studios or laboratories, television networks, cable television operators,
movie producers, television program producers, film distributors and booking agents, shall
register with the BOARD pursuant to Section 3 (d) of P.D. No. 1986.

For entities required to obtain Congressional Franchise or Certificate of Authority (CA)


or Provisional Authority (PA) from the National Telecommunications Commission, the
registration fee shall be assessed, as follows:

Date of Issuance of CA/PA Registration Fee


January to March 100% of the prescribed registration fee
April to June 75% of the prescribed registration fee
July to September 50% of the prescribed registration fee
October to December Registration will commence on the
following year.

For entities NOT required to obtain Congressional Franchise or Certificate of Authority


(CA) or Provisional Authority (PA), the registration fee shall be assessed based on the date of
actual operation, as follows:

Date of Issuance of CA/PA Registration Fee


January to March 100% of the prescribed registration fee
April to June 75% of the prescribed registration fee
July to September 50% of the prescribed registration fee
October to December 25% of the prescribed registration fee

Entities found unlawfully engaging in the movie and television industry shall be assessed
one hundred percent (100%) of the prescribed registration fee plus a surcharge equivalent to one
hundred percent (100%) of the prescribed registration fee reckoned from the date of actual
operation or date of issuance of Congressional Franchise, P.A. or C.A., whichever is earlier. No
surcharge shall be imposed on the year of issuance of the original Congressional Franchise, P.A.
or C.A.

Registration of all entities required by law to register with the BOARD shall be renewed
annually, which shall be made not later than January 30 of every year. To encourage timely and
prompt renewal of registration, a surcharge equivalent to one hundred percent (100%) of the
prescribed registration fee shall be assessed on late registrants.

Section 2. Application for Registration – Persons required to register with the


BOARD shall accomplish the prescribed forms, submit true copies of documents attesting to the
authority to do business in the Philippines, and pay the registration fee fixed by the BOARD,
after which a Certificate of Registration is accordingly issued by the BOARD.

Certificates of Registration may not be issued to those who still have unsettled
obligations with the BOARD.

Section 3. Effectivity of Registration – The Certificate of Registration issued by the


BOARD shall be effective for one (1) year, renewable every year, unless earlier cancelled by the
BOARD for cause.

47
Chapter XI
BOARD REPRESENTATIVES

Section 1. Appointment – Any Filipino citizen of legal age and of good community
standing may, upon recommendation of a member of the Board, be appointed as Board Deputy
to assist in overseeing the implementation of laws and rules relating to the public exhibition of
motion pictures, television programs, and publicity materials falling within the jurisdiction of the
BOARD. The person so appointed shall not be entitled to compensation, and his appointment
is revocable.

Section 2. Scope of Duties and Authority – A Board Deputy, when issued a valid
appointment and identification card, shall have the authority to inspect all public exhibition of
any motion picture or publicity material in movie houses, theaters, and other public
establishments and may demand to see the actual appropriate permits for such exhibition. Upon
discovery of any violation, he/she shall immediately report such violation to the BOARD. The
Board representative may be accompanied by another person who shall act as witness. The
Board Deputy shall be accountable to the BOARD and shall be obliged to give a report of
his/her activities to the Chairman.

Chapter XII
NATIONAL AND LOCAL REGULATORY COUNCILS

Section 1. National Regulatory Council – The BOARD may constitute and organize a
National Regulatory Council for Motion Picture and Television, to be headed by the Chairman,
the composition of which shall be drawn and designated from appropriate government agencies,
from associations belonging to the movie and television industry, and from civic or religious
organizations. The Council shall advise the BOARD on problems relevant to the
implementation of the objectives of PD 1986 and its Implementing Rules and Regulations. They
shall serve without compensation and for such period of time as the Chairman of the BOARD
shall determine.

Section 2. Local Regulatory Council 18 – To assist in the implementation of policies


enunciated in P.D. No. 1986, the Local Regulatory Councils are hereby created. As the exigency
of the service may require, a Local Regulatory Council shall be created, whenever practicable, in
every region, province, city, or municipality in the Philippines.

A Local Regulatory Council shall be composed of at least ten (10) members chosen from
a particular geographical unit as would produce a multi-sectoral combination of expertise from
local government agencies, non-governmental organizations, people’s organizations, civic or
religious organizations. The Local Regulatory Councils shall be placed under the Office of the
Chairperson of the BOARD.

The members of the Local Regulatory Councils shall be appointed by the Chairperson of
the BOARD and shall hold office for a term of one (1) year, unless sooner removed for any
cause. A member may be eligible for reappointment after the lapse of his/her term.

18 Amended by Memorandum Circular No. 10-2011 issued on 05 October 2011. See Annex “I”.

48
Every member of the Local Regulatory Council shall be issued Identification Card by the
BOARD. The LRC ID is purple in color and clearly indicates the name of the LRC member and
the place of his/her LRC locality. Every LRC identification card is valid for one (1) year only.

The members of Local Regulatory Council shall be Filipino citizens, at least eighteen
years of age, and of known good moral character and probity, especially in the locality where
he/she sought appointment.

Appointment to a Local Regulatory Council is public service and privilege, as such, no


member thereof shall be entitled to salaries, honoraria or allowances except reimbursement of
expenses for activities duly approved by the BOARD.

A Local Regulatory Council shall have the following powers, duties, and functions:

1. To conduct monitoring activities, by itself or in coordination with other competent


agencies of the government, at any time, of establishments or entities within the
jurisdiction of the BOARD to determine compliance with the provisions of P.D. No.
1986 and its implementing rules and regulations. Specifically, the Local Regulatory
Council is tasked to monitor all television broadcast in free TV and Cable TV.

2. To immediately report to the BOARD any violation of the provisions of P.D. no. 1986
and its implementing rules and regulations.

3. To assist the BOARD in the public dissemination of policies, rules, and regulations
promulgated pursuant to the provisions of P.D. No.1986 implementing rules and
regulations.

4. To recommend to the BOARD of reasonable regulations appropriate to a particular


locality.

5. To perform such other duties, powers and functions as may be authorized in writing by
the BOARD.

A member of the Local Regulatory Council shall be subject to the same rights, privileges,
and restrictions as that of a regular MTRCB Deputy Cardholder. Any abuses committed by
member of the Local Regulatory Council shall mean immediate termination of all his/her
privileges as an MTRCB Deputy.

Chapter XIII
VIOLATIONS AND ADMINISTRATIVE SANCTIONS

Section 1. Violations and Administrative Sanctions – Without prejudice to the


immediate filing of the appropriate criminal action and the immediate seizure of the pertinent
articles pursuant to Section 13, any violation of PD 1986 and its Implementing Rules and
Regulations governing motion pictures, television programs, and related promotional materials
shall be penalized with suspension or cancellation of permits and/or licenses issued by the
BOARD and/or with the imposition of fines and other administrative penalty/penalties. The
BOARD recognizes the existing Table of Administrative Penalties attached without prejudice
to the power of the BOARD to amend it when the need arises. In the meantime, the existing
revised Table of Administrative Penalties shall be enforced.

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Section 2. Hearing and Adjudication – Any administrative complaint for violation of
PD 1986 and its Implementing Rules and Regulations shall initially be heard by the Chairman.
If the alleged violator admits the violation, the Chairman shall impose the appropriate penalty. If
the violator does not admit the alleged violation, then the Chairman shall refer the case to the
Hearing and Adjudication Committee composed of at least three (3) Board Members designated
by the Chairman at least one (1) of whom shall be a member of the Philippine Bar.

Section 3. Preventive Suspension Order – Any time during the pendency of the case,
and in order to prevent or stop further violations or for the interest and welfare of the public,
the Chairman of the BOARD may issue a Preventive Suspension Order mandating the
preventive seizure of offending motion pictures and related publicity materials and/or
suspension of the permit/permits involved, and/or closure of the erring movie house, television
network, cable TV station and other related establishments or the temporary/preventive
dismantling or tearing down of public signs and billboards provided that the
temporary/preventive order thus issued shall have a life of not more than twenty (20) days from
the date of issuance.

Section 4. Hearing Rules before the Board - In hearings before the BOARD,
appropriate flexibility and liberality shall be observed while strict technical rules of procedure
shall be shunned although the Rules of Court and/or the Administrative Code may have
suppletory application.

Section 5. Decisions of the Board – The BOARD shall decide the case within thirty
(30) days following the last submission that it may require or the expiration of the period given
and such decision shall be in writing and shall present its basis clearly and distinctly.

Section 6. Finality of Decision of the Board – Decisions of the BOARD (including


that of the Chairman and the Hearing and Adjudication Committee) shall become final and
executory after the lapse of the period for appeal without any appeal having been perfected.

Chapter XIV
OTHER PROVISIONS

Section 1. Sinking Fund – To effectively discharge its duties, the BOARD shall
administer at all times the Sinking Fund established under Section 20 of PD No. 1986, which
fund consists of the fees and charges it levies, assesses and collects and which the BOARD shall
exclusively use for the BOARD’s operations/administration and acquisition of facilities, supplies
and equipment it needs.

Section 2. Repeal – Any prior rule, regulation, circular, or order that is inconsistent
with the above provisions shall be deemed amended, modified, or repealed.

Section 3. Effectivity – These Rules and Regulations of the BOARD shall become
effective FIFTEEN (15) DAYS after publication in two (2) newspapers of general circulation in
the Philippines.

APPROVED, by the Movie and Television Review and Classification Board on 24


February 2004.

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