AN ACT CREATING THE BOARD OF CENSORS FOR MOTION PICTURES

Case Overview and Summary

Summary of Republic Act No. 3060

Creation of the Board of Censors for Motion Pictures
- A Board of Censors for Motion Pictures is created under the Office of the President. (Section 1)
- The Board consists of a Chairman and 24 members appointed by the President with the consent of the Commission on Appointments. (Section 2)
- Members must be Filipino citizens, at least 35 years old, of good moral standing, and not directly connected with the motion picture or television industries. (Section 2)
- Members are nominated from professional, religious, educational, child/welfare, civic, cultural, and media organizations. (Section 2)

Duties and Powers of the Board
- Screen, censor, approve/disapprove, or delete portions from motion pictures for non-theatrical, theatrical, and television distribution based on morality, decency, law, customs, and prestige of the Philippines. (Section 3a)
- Classify approved motion pictures as either for general patronage or adults only. (Section 3b)
- Screen, review, delete portions from, approve/disapprove, and censor publicity materials related to motion pictures. (Section 3c)
- Appoint personnel and technical staff, and have a permanent Secretary appointed by the President. (Section 3d)
- Promulgate rules of procedure, keep records of proceedings, and organize sub-committees for censoring throughout the Philippines. (Section 3e)
- Charge fees for reviewing films and materials to cover operational expenses. (Section 3f)

Review and Appeal Process
- The Board must render a decision within 10 days of receiving the application and materials. (Section 4)
- Disapproval decisions must be in writing with reasons stated. (Section 4)
- Films cannot be disapproved solely based on topic, theme, or subject matter. (Section 4)
- Appeals can be made to a committee of Undersecretaries within 15 days of receiving the decision. (Section 5)

Exhibition and Distribution Requirements
- Only motion pictures approved by the Board can be exhibited in theaters, public places, or on television. (Section 7)
- Exhibitors must display the Board's certificate of approval and include the age classification in advertisements. (Section 8)
- Persons under 18 are prohibited from attending "adults only" films, and theaters cannot sell tickets to them. (Section 9)

Definitions and Penalties
- Definitions of "motion pictures", "non-theatrical distribution", "theatrical distribution", "adult", and "preview session" are provided. (Section 10)
- Violations are punishable by imprisonment of 6 months to 2 years, fines of 600 to 2,000 pesos, deportation for aliens, and license revocation. (Section 11)
- Other violations are punishable by 1 to 3 months imprisonment or fines of 100 to 300 pesos. (Section 11)
- Corporations can be held criminally liable through their officials. (Section 11)

Banned Film Procedures
- Banned films must be returned to the country of origin within 30 days. (Section 12)
- Customs duties and internal revenue taxes paid on banned films will be refunded. (Section 12)