EXECUTIVE ORDER NO. 868
EXECUTIVE ORDER NO. 868 -
REORGANIZING THE BOARD OF REVIEW FOR MOTION PICTURES AND TELEVISION
CREATED UNDER REPUBLIC ACT NO. 3060, AS RENAMED AND RECONSTITUTED UNDER
EXECUTIVE ORDERS NOS. 585, 745 AND 757, AND EXPANDING ITS FUNCTIONS,
POWERS AND DUTIES
WHEREAS,
the Board of Censors for Motion Pictures created under Republic Act No.
3060 and renamed and reconstituted as the Board of Review for Motion
Pictures and Television under Executive Order Nos. 585, 745 and 757,
could not adequately cope with the problems generated by technological
advances in motion pictures, television, video tapes and similar media,
thereby creating grave and serious concern among the various sectors of
society;
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, video taping,
distribution, sale, lease, exhibition and/or broadcast of motion
pictures, television programs, live entertainment and other similar
shows;
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 Republic Act No. 3060 and the aforementioned
Executive Orders;
WHEREAS, considering that there have been various Executive Orders
implementing Republic Act No. 3060, there is now a need to compile
these presidential issuances in one document for purposes of
integration and convenience;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution and
Presidential Decree No. 1416, as amended by Presidential Decree No.
1772, do hereby order the reorganization of the Board of Review for
Motion Pictures and Television, in the process consolidating all
previous Acts and Executive Orders relative thereto, as follows:
Section 1. There is hereby created an office to be
known as the Board of Review for Motion Pictures, Television and Live
Entertainment, 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.
Sec. 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 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.
No person shall be appointed to the BOARD, unless he is a natural-born
citizen of the Philippines, 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,
video tape, 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 multisectoral 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.
Sec. 3. 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 Republic Act No. 3060, as amended, and the
accomplishment of its purposes and objectives. Such rules and
regulations shall take effect 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, including
publicity materials such as advertisements, trailers, and stills,
whether such motion pictures and publicity materials be for theatrical
or non-theatrical viewing, 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, video taping,
distribution, sale, lease, exhibition, and/or television broadcast of
the motion pictures 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 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.
(d)
To supervise, regulate, and grant, deny or cancel, permits for the
importation, exportation, production, copying, video taping,
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, video taped, distributed, sold,
leased, exhibited, and/or broadcast by television. Towards this end, no
foreign individual, corporation or group, whether singly or in joint
venture with another local and/or foreign individual, corporation or
group may produce in whole or in part any motion picture, television
program or publicity material in the Philippines, without first
obtaining the necessary permit from the BOARD upon proof that the
proposed picture, program or material is not objectionable in
accordance with paragraph (c) hereof;
(e) To
classify motion pictures, television programs, live entertainment and
similar shows into categories such as “For General Patronage”, “For
Adults Only,” or such categories as the BOARD may determine for the
public interest;
(f) To
restrict, prohibit, prevent and take remedial and/or legal action
against the illegal or unauthorized reproduction, copying or video
taping of motion pictures, television programs or publicity materials,
in coordination with the appropriate government agencies enforcing the
copyright and other related laws;
(g) To
regulate, supervise, and grant, deny or cancel, permits for the
operation of cinema houses, theaters, and other establishments engaged
in the public exhibition of motion pictures, video tapes and live
entertainment;
(h) To ensure
and promote high standards of ethics and professionalism in the motion
picture and television industries, and, for this purpose, to grant,
deny or cancel, professional licenses for the appearance of leading and
supporting actors and actresses in any motion picture, television
program, live entertainment or similar show. Such licenses shall be
renewable every year from the date of issuance thereof; PROVIDED, That
only the licenses of leading and supporting actors and actresses who
remain in good standing with the BOARD shall be renewed;
(i) 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;
(j) 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,
live entertainment, video tapes 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;
(k) 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;
(l) 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
(m) 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.
Sec. 4. The
decision of the BOARD on any storyline, screen sequence, script, motion
picture or publicity material submitted to it for examination and
review, must be rendered with a period of fifteen (15) working days
from the date of receipt by the BOARD of the storyline, screen
sequence, script, motion picture or publicity material 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 and supervision of the film cut or removed or erased as
decided during the review session. 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 every review session of
the BOARD must be in writing and shall concisely state the reasons for
the decision and the conclusion thereof. Records and documentation of
review sessions shall be considered private and confidential.
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 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 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.
Sec. 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, upon
recommendation of the Chief Executive Officer. 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 (50,376.00) PESOS, and the Executive Assistant shall
receive an annual salary of THIRTY-SEVEN THOUSAND THREE HUNDRED EIGHTY
(37,380.00) PESOS.
Sec. 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 material
to be examined or reviewed.
Sec. 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, and other pictorial
advertisements 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 television, a label or
notice showing the same to have been previously authorized, except
motion pictures imprinted or exhibited by the Philippine Government
and/or its departments and agencies, and newsreels.
Sec. 8. The motion picture exhibitors shall post
and/or display 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 Sec. 3(e) hereof, of the motion
pictures being exhibited or advertised.
Sec. 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. And 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.
Sec. 10. For purposes of this Act, the following
terms shall mean:
(1)
Motion Picture — A series of pictures projected on a screen in a 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
medium and with whatever mechanism or equipment they are projected, and
in whatever material they are preserved or recorded for instant
projection, including films, video tapes, 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) Live
Entertainment — Public exhibition of fashion and similar shows before
an audience in theaters, day and/or night clubs and other public places.
(4) General
Viewing — Making motion pictures available to the general public for
its viewing through convenient film or video packs, cassettes, disc or
similar materials sold, leased or lent in commercial outlets, public
lending clubs, and similar organizations.
(5)
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 of
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.
(c) Theatrical
Distribution. — Public showing and/or exhibition in any cinema or
theater or in any other place of motion pictures imposing admission
fees to persons for entertainment, education, information and
advertising.
(d) An Adult —
is any person eighteen (18) years of age or over.
(e) Review
Session — shall mean to review and examination of motion pictures,
television programs and similar shows, or publicity materials, by the
BOARD.
Sec. 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.
Sec. 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.
Sec. 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, video tape or
publicity material in cinema houses, theaters and other public
establishments, and in any case, upon discovery of any motion picture,
video tape or publicity material which, although previously approved by
the BOARD, have been tampered with to introduce in them any unapproved
matter, to immediately seize such unapproved matter and to cause the
prosecution of the person(s) responsible for the violation of this Act
and/or the Revised Penal Code.
Upon conviction of the violator(s), the materials seized as well as the
other proceeds or instruments of the crime shall be disposed in
accordance with Article 45 of the Revised Penal Code.
Sec. 14. 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.
Sec. 15. All provisions of Republic Act No. 3060
and Executive Nos. 585, 745 and 757, not inconsistent with this
Executive Order shall remain in full force and effect.
Sec. 16. 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.
Sec. 17. 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 1st day of February in the year of Our Lord, nineteen hundred and
eighty-three.
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