Revised Rules Governing the Monitoring Duties of the Board and its Deputies

January 5, 2015

MTRCB MEMORANDUM CIRCULAR NO. 002-15

 

WHEREAS, Section 13 of P.D. 1986 empowers the Board and its duly authorized deputies to inspect all public exhibitions of any motion picture or publicity material in cinemas, theaters and other public establishment to ensure that all relevant rules and regulations in the public exhibition of motion pictures or publicity materials, including trailers and still photos, are duly observed; cDTHIE

WHEREAS, to effectively carry out the aforesaid mandate, the Board is empowered to appoint deputies 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.

WHEREAS, the prerogative of the management of cinemas, theaters and other public establishments to regulate the public exhibition of motion pictures in their premises according to their sound business practices are always subject to the provisions P.D. 1986;

WHEREAS, there is a need to clarify certain rules of conduct of the management of cinemas or theaters vis-à-vis the exercise by the Board of its monitoring duties especially in cases of special screenings, screenings with food bundle, and screenings with no paying patrons.

NOW, THEREFORE, the Board hereby resolves, as follows:

A. Power to Inspect

SECTION 1. The power of the Board under Section 13 of P.D. 1986 to inspect the public exhibition of any motion picture in all cinemas in the Philippines is not subject to any restriction. Save for the limitations imposed by the Board, any form of hindrance or obstruction preventing the Board or any deputy of the Board from performing his/her monitoring duties is a violation of P.D. 1986. As used in this Circular, the term "Board" refers to the Chairperson, Vice Chairperson, Board Members, Executive Director and the regular officers and staff of the MTRCB.

SECTION 2. The Board and its Organic Personnel. — Pursuant to the Board's power to inspect all public exhibitions of motion pictures, and in the light of its authority to exercise such powers and functions as may be necessary or incidental to the fulfillment of its mandate, the incumbent Members of the Board, including its Chairperson, Vice Chairperson, Executive Director and organic personnel, together with their respective companions, are not subject to any kind of restriction. Their respective identification cards shall be honored at all times in any cinema as they discharge their mandated duties under Section 13 of P.D. No. 1986.

SECTION 3. Deputies of the Board. — Owing to the privileged nature of their appointment and consistent with the Board's mandate to assist in the upliftment and development of the film industry, the deputies of the Board, including Local Regulatory Council (LRC) members or volunteers are not allowed admission as such to cinemas exhibiting motion pictures official certified as entries to the annual Metro Manila Film Festival (MMFF) during the declared MMFF festival period; nor are they allowed admission to such cinemas exhibiting film premieres or special screenings; as well as in selected specialty cinemas with limited seating capacity, namely: Eastwood Ultra Cinema 7, Shang Premier Theater, Director's Club (SM Mall of Asia, SM Aura, SM BF Homes and SM Megamall), Recliner Seats of Trinoma Cinema, Gateway Cineplex 10, Cinema 3 of Century Mall, and 4DX Cinema of Bonifacio High Street (without prejudice to such other cinemax or theaters that may be designated by the Board, as well as the Board's prerogative to lift or amend such designation as circumstances warrant). cSCTID

SECTION 4. For purposes of inspection, all cinemas must be able to present, upon demand, the permits to exhibit of each and every publicity material exhibited in their premises, such as those for movie trailers, posters, and other similar materials, in addition to the permit to exhibit of the main feature motion picture.

B. Cinema Screenings with Food Bundle

SECTION 1. Any form of hindrance or obstruction preventing the Board or any deputy of the Board, including LRC members or volunteers, from performing his/her monitoring duties is a violation of P.D. 1986. The Board, thus, reiterates that it is unlawful for any cinema to demand an admission fee, regardless of the amount, from the Board or any deputy of the Board, including LRC members or volunteers, or to compel them to purchase any food or non-food product as a precondition to admission to any cinema screening.

SECTION 2. The cinema management is not obliged to provide the Board or any deputy of the Board with food bundles whenever they are admitted to cinema screenings with food bundles, unless these food bundles are separately paid for.

C. Film Premieres or Special Screenings

SECTION 1. In keeping with the power of the Board to inspect all public exhibitions of motion pictures, and in the light of its authority to exercise such powers and functions as may be necessary or incidental to the fulfillment of its mandate, the incumbent Members of the Board, including its Chairperson, Vice Chairperson, Executive Director and organic personnel, together with their respective companions, have the unrestricted authority to inspect cinemas exhibiting film premieres or special cinema screenings.

SECTION 2. The restriction on admission to cinemas exhibiting film premieres or special cinema screenings applies only to deputies of the Board and their companions, as well as to LRC members or volunteers. The term "film premiere" is defined as the first and one-time public exhibition of a motion picture in cinemas ahead of the date ordinarily contemplated as the regular cinema screening schedule. It is characterized by one-time screening on a definite play date and time. The term "film premiere" includes the public exhibition of motion pictures referred to as "advanced screening" or "special screening."

SECTION 3. The public exhibition of a motion picture during the first day of the regular cinema screening schedule is not a film premiere or a special screening. Neither can such public exhibition of a motion picture be qualified as "film premiere" or special screening" if it has multiple screening time in any given day although the play date is ahead of the regular cinema screening schedule.

SECTION 4. For purposes of proper monitoring, all film premieres or special cinema screenings must have prior approval by the Beard.

D. Cinema Screenings with No Paying Patrons

SECTION 1. The Board or its deputy shall be given full and complete access to all cinemas publicly exhibiting motion pictures. However, the cinema may withhold the issuance of a cinema admission ticket to the deputy if, at the time the deputy requests access to the cinema, there is still no paying patron for the particular motion picture to be monitored; provided that as soon as the cinema or theater admits a paying patron, then the deputy shall be immediately notified and be issued a cinema admission ticket; provided; further, that once the main feature film is played then the deputy cannot be denied admission to the cinema even if there is still no paying patron for the said motion picture. The presence of a single paying patron for the particular cinema exhibiting the motion picture to be monitored is sufficient legal basis for the admission of the deputy.

SECTION 2. When a deputy is issued cinema admission ticket/s, then the cinema is duty bound to admit the deputy and his companion, if any, and to proceed with the public exhibition of the main feature motion picture from start to end, regardless of whether there are passing patrons or not. In all cases, what applies to deputies of the Board equally applies to LRC members or volunteers and their companions.

E. Priority Lane & Number of Deputies at Cinema Screenings

SECTION 1. Consistent with the unhampered power of the Board to inspect all public exhibitions of any motion picture or publicity material in cinemas and other public establishments, the Board, especially its Chairperson, Vice Chairperson, Board Members and Executive Directors, as much as practicable, shall be accorded preference in the admission process to cinemas in the lawful exercise of their mandated monitoring duties. If priority lane exists in the cinemas, then the Chairperson, Vice Chairperson, Board Members and Executive Director of the Board shall accordingly be accommodated without discrimination to such other persons for whom the priority lane was intended.

SECTION 2. All deputies of the Board, including LRC members or volunteers, cannot demand that they be accommodated in the cinema priority lane or be given special treatment by the cinema, unless the cinema voluntarily accord such preference. Whenever they seek admission to the cinema, all deputies of the Board shall follow the same admission process as applied to regular cinema paying patrons.

SECTION 3. In keeping with the unrestrained exercise by the Board of its monitoring duties, and for the proper implementation of the provisions of P.D. 1986 and its implementing rules and regulations, the Board hereby recalls any such issuance limiting the number of deputies of the Board allowed to monitor in any particular screening of a motion picture. This is without prejudice to any such further issuance by the Board on the matter as may be warranted by the circumstances.

F. Miscellaneous Provisions

SECTION 1. Any and all previous circulars, rules, and regulations, and guidelines of the Board are hereby repealed, amended and/or modified accordingly insofar only as they may be inconsistent with this Circular.

SECTION 2. Any violation of this Circular shall be dealt with appropriate administrative and criminal prosecution in accordance with the provisions of Section 11 of P.D. 1986 and Chapter XIII of its 2004 Revised Implementing Rules and Regulations, and such other Circulars as may be promulgated by the Board hereafter:

SECTION 3. This Circular shall take effect after fifteen (15) days following its publication in a newspaper of general circulation and filing with the Office of the National Administrative Register in the University of the Philippines Law Center, as required under the Administrative Code of 1987.

APPROVED, by the Movie and Television Review and Classification Board, in a meeting called for the purpose, on 15 December 2014 at Quezon City.

BY AUTHORITY OF THE BOARD:

(SGD.) EUGENIO H. VILLAREALChairperson