Guidelines on Public Exhibition of Government Materials per Sec. 7 of P.D. 1986

February 13, 2012

MTRCB MEMORANDUM CIRCULAR NO. 002-12

 

WHEREAS, the welfare of the children and the State's mandate to protect and care for them, as parens patriae, constitute a substantial and compelling government interest in regulating content of motion picture and television broadcast.

WHEREAS, the best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children, as enunciated in the United Nations Convention on the Rights of the Child.

WHEREAS, Presidential Decree No. 1986 vests in the Movie and Television Review and Classification Board ("BOARD") the sole authority to regulate public exhibition of motion pictures, television programs and publicity materials.

WHEREAS, Section 7 of Presidential Decree No. 1986 declares as unlawful for any person to publicly exhibit any motion, television program and publicity material without proper authority from the BOARD except those materials imprinted or exhibited by the Philippine Government and/or its departments and agencies.

WHEREAS, issues were raised whether the exemption from review of government materials needs prior express declaration from the BOARD.

NOW, THEREFORE, pursuant to Section 3 (a) of Presidential Decree No. 1986, the BOARD hereby enacts and promulgates the following rules and guidelines for the proper implementation of public exhibition of materials by government agencies and instrumentalities, as follows:

a. All motion pictures, television programs and publicity materials for public exhibition by any agency or instrumentality of the government must be reviewed and classified by the BOARD for public advisory purposes.

b. The concerned government agency or instrumentality must undertake that it produced and will publicly exhibit the subject motion picture, television program or publicity material pursuant to its direct governmental mandate of delivering public goods or services.

c. No review and permit fee shall be imposed on public exhibition of legitimate government materials provided that a letter-request for waiver of fees, duly signed by the head of the department or agency concerned, is attached to the application for review and classification.

d. For proper review and classification, the applicant government agency shall submit the material under consideration together with a synopsis thereof. AaHDSI

e. In case of non-governmental film festivals, all participating films shall be subject of review and classification by the BOARD and payment of proper fees therefor. A co-partnership by a government agency/instrumentality does not make the festival a pure governmental activity.

APPROVED, by the Movie and Television Review and Classification Board, in a meeting called for the purpose on 13 February 2012. This Circular takes effect immediately upon its approval.

Recommending approval:

 

(SGD.) MARIO A. HERNANDOBoard Member

Noted by:

 

(SGD.) MARY GRACE POE LLAMANZARESChairperson

 

(SGD.) EMMANUEL H. BORLAZAVice Chairperson