- Reorganization of the Board of Review for Motion Pictures and Television
- Executive Order No. 876-A
August 5, 1983
EXECUTIVE ORDER NO. 876-A
REORGANIZING THE BOARD OF REVIEW FOR MOTION PICTURES AND TELEVISION CREATED UNDER REPUBLIC ACT NO. 3060 AS RENAMED AND RECONSTITUTED UNDER EXECUTIVE ORDER NOS. 585, 745 AND 757 AND EXPANDING ITS FUNCTIONS, POWERS AND DUTIES
WHEREAS, the Board of Censors for Motion Pictures created under
WHEREAS, the changing times and the new developments, accented by public clamor, stress the need to supervise and regulate, among others, the importation, exportation, production, copying, distribution, sale, lease, exhibition and/or broadcast of motion picture and television programs;
WHEREAS, the Board of Review for Motion Pictures and Television must therefore be revitalized and strengthened to enable it to pursue the purposes and objectives of AEHTIC
WHEREAS, considering that there have been various Executive Orders implementing
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the
SECTION 1. There is hereby created an office to be known as the Board of Review for Motion Pictures and Television, hereinafter referred to as the BOARD, which shall have its principal office in Metro Manila, and which shall be under the Office of the President of the Philippines.
SECTION 2. The BOARD shall be composed of a Chairman, two (2) Vice-Chairmen and thirty-two (32) members, who shall all be appointed by the President of the Philippines. The Chairman, the Vice-Chairmen, and the members of the BOARD, shall hold office for a term of four (4) years, unless sooner removed by the President for any cause; Provided, That they shall be eligible for re-appointment after the expiration of their respective terms.
The Vice-Chairmen and the members first appointed shall hold office as follows: one Vice-Chairman shall hold office for two (2) years, and the other Vice-Chairman for four (4) years; and eight members shall hold office for one (1) year, eight members for two (2) years, eight members for three (3) years, and the other eight members for four (4) years, from the date they respectively assumed office. Thereafter, the term of office of the succeeding Vice-Chairmen and the members shall all be four (4) years. If the Chairman or any of the Vice-Chairmen or members 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. aADSIc
No person shall be appointed to the BOARD, unless he is a natural-born citizen of the Philippine, not less than thirty (30) years of age, of good moral character and standing in the community, and not directly or indirectly engaged in or connected with the motion picture, television or any other similar industry: 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 review.
The Chairman shall be entitled to transportation, representation and other allowances which shall in no case exceed SIX THOUSAND PESOS (P6,000.00) per month. The Vice-Chairmen and all other members shall be entitled to honoraria, transportation, representation and other allowances to be determined by the BOARD, subject to the approval of the Office of the Budget and Management.
SECTION 3. The BOARD shall have the following functions, powers and duties:
a) To promulgate such rules and regulations as are necessary on proper for the implementation of
b) To screen, review and examine all motion picture as herein defined, 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 picture 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 or rebellion against 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;
iv) Those which serve no other purpose but to satisfy the market for violence or pornography;
v) Those which offend any race or religion; and
vi) Those which tend to abet the traffic in and use of prohibited drugs;
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 Experimental Cinema 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 a sworn undertaking that such master negative shall be exclusively used for export purposes and not for local viewing; ITScHa
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 and publicity materials, to the end that no such pictures and materials as are determined by the BOARD to be objectionable in accordance with paragraph (c) hereof shall be imported, exported, produced, copied, distributed, sold, leased, exhibited and/or broadcast by television;
e) To classify motion pictures, television programs and similar shows into categories such as "For General Patronage", "For Adults Only", or such other categories as the BOARD may determine for the public interest;
f) To close cinema houses, theaters and other establishments engaged in the public exhibition of motion pictures which violate the provisions of this Executive Order 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 private sectors whose main duties shall be to help ensure compliance with all laws relative to the importation, exportation, distribution, sale, lease, exhibition and/or television broadcast of motion pictures, television programs and publicity materials. The BOARD may also call on any law-enforcement agency for assistance in the implementation and enforcement of its decisions, orders or awards;
i) To cause the prosecution, on behalf of the People of the Philippines, of violators of this Act, of anti-trust, obscenity and other laws pertinent to the movie and/or television industries;
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 ISADET
k) To exercise such other 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. The decision of the BOARD either approving or disapproving for exhibition in the Philippines a motion picture, 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, 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 five BOARD members to undertake the work of review. Any disapproval or deletion must be approved by a majority of the sub-committee 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 majority of the BOARD membership to undertake a second review session whose decision on behalf of the BOARD shall be rendered through a majority of the members so designated and present at the second review session. This second review session shall be presided over either by the Chairman or one of the Vice-Chairmen, or by a member designated by the Chairman to take his place. 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 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 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 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 Chairman and four (4) members to be appointed by the President of the Philippines, which shall submit its recommendation to the President. The Presidential Legal Office shall serve as the Secretariat of the Appeals Committee.
The decision of the President of the Philippines on any appealed matter shall be final. TICaEc
SECTION 5. 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 of the BOARD, and appoint the Secretary of the BOARD and all other administrative and subordinate personnel of the BOARD, and prescribe their qualifications, compensation, benefits, functions and duties, subject to the approval of the BOARD; 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 Assistant who shall be appointed by the President of the Philippines. The Executive Assistant shall hold office for a term of four (4) years, unless sooner removed by the President of the Philippines, for any cause.
Unless otherwise provided by subsequent laws, the Chief Executive Officer shall receive an annual salary of FIFTY THOUSAND THREE HUNDRED SEVENTY-SIX (P50,376.00) PESOS, and the Executive Assistant shall receive an annual salary of THIRTY SEVEN THOUSAND THREE HUNDRED EIGHTY (P37,380.00) PESOS.
SECTION 6. Except members of the BOARD, persons specifically authorized by the BOARD, and two representatives each of the distributor and/or producer-and exhibitor of the motion picture 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 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 materials to be examined or reviewed.
SECTION 7. It shall be unlawful for any person or entity to exhibit or cause to be exhibited in any motion picture theater or public place or by television within the Philippines any motion picture, including trailers, stills for lobby displays in connection with motion pictures, not duly 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 imprinted or exhibited by the Philippine Government and/or its departments and agencies, and newsreels. CacEIS
SECTION 8. 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 the 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. It shall be unlawful for any person below eighteen years of age to enter, to make use of any misrepresentation or false evidence about his or her age in order to gain admission into, a moviehouse or theater or the showing of a motion picture classified "For adults only" by the BOARD. It shall be also unlawful for any employee of a moviehouse or theater to sell to, or receive from, another person known to the former to be below eighteen years of age any admission ticket to the exhibition of motion pictures classified as "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. For purposes of this Act, the following terms shall mean:
1. Motion Picture A series of pictures projected on 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, including films, reels, cassettes and discs. For the purpose of this Act, the material in which the motion picture is contained, preserved, or recorded, forms an integral and inseparable 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 picture available to the general public for its viewing through convenient film packs, cassettes, discs or similar materials sold, leased, or lent in commercial outlets, public lending clubs, and similar organizations. SEcADa
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.
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. Any violation of Section seven of this Act shall be punished by imprisonment of not less than six months but not more than two years, or by a fine of not less than six hundred nor more than two thousand pesos, or both, at the discretion of the court. If the offender is an alien, he shall be deported immediately. The license to operate the movie theater or television shall also be revoked. Any other kind of violation shall be punished by imprisonment of not less than one month nor more than three months or a fine of not less than one hundred pesos nor more than three hundred pesos, or both, at the discretion of the court. In case the violation is committed by a corporation, partnership or association, the criminal liability shall devolve upon the president, manager, administrator, or any official thereof responsible for the violation.
SECTION 12. In the event a motion picture, after examination and review by the BOARD, is declared unfit for exhibition in the Philippines, the said motion picture 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 or distributor of the decision of the BOARD banning the motion picture 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 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 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, 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. aSTcCE
SECTION 13. 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 cinema 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 such unapproved matter and to cause the prosecution of the persons(s) responsible for the violation of this Act and/or the
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
SECTION 14. Motion pictures imported or produced by the Experimental Cinema of the Philippines, whether singly or in joint venture with Philippine 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 at the Film Center, Provided, Further, That such motion pictures shall be subject to review by the BOARD in case they are distributed for general viewing elsewhere in the Philippines.
SECTION 15. In the performance of its regulatory and supervisory powers, the BOARD shall deputized or assist other appropriate law enforcement agencies in the enforcement of Article 186 of the
When the owner/operator of the theater/moviehouse is at the same time the importer, or producer, or distributor, or the booking agent, or controls, or manages any of said activities, this fact shall constitute prima facie violation of the provisions of this Executive Order, all other related laws and Article 186 of the AacDHE
SECTION 16. 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 the 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 17. All provisions of AHCcET
SECTION 18. The provisions of this Executive Order 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 19. This Executive Order shall take effect after fifteen (15) days following its publication in newspapers of general circulation in the Philippines.
DONE in the City of Manila, this 5th day of August, in the year of Our Lord, Nineteen Hundred and Eighty-Three.