Creating The Movie And Television Review And Classification Board

Case Overview and Summary

Summary of Presidential Decree No. 1986

Creation of the Movie and Television Review and Classification Board (MTRCB):
- Section 1: Creates the MTRCB under the Office of the President.
- Section 2: Composition, qualifications, and benefits of the MTRCB members.

Powers and Functions of the MTRCB:
- Section 3: Detailed list of powers and functions, including:
    - Promulgate rules and regulations for implementation. (Section 3a)
    - Screen, review, and examine motion pictures, television programs, and publicity materials. (Section 3b)
    - Approve, disapprove, delete objectionable portions, or prohibit importation, exportation, production, copying, distribution, sale, lease, exhibition, and/or television broadcast of materials based on specified criteria. (Section 3c)
    - Classify motion pictures and television programs into categories like "G", "P", "R", "X", etc. (Section 3d)
    - Close movie houses and establishments for violations. (Section 3e)
    - Levy, assess, collect, and adjust fees and charges. (Section 3f)
    - Deputize representatives from government and industry associations for compliance. (Section 3g)
    - Cause prosecution of violators on behalf of the Philippine government. (Section 3h)
    - Prescribe internal and operational procedures. (Section 3i)
    - Exercise other necessary powers and functions. (Section 3j)

Decision Process:
- Section 4: Procedures for rendering decisions, including review sessions, sub-committees, appeals process, and finality of the President's decision.

Executive Officer and Administration:
- Section 5: Powers and duties of the Chairman as Chief Executive Officer and the Executive Director.
- Section 6: Restrictions on persons allowed during examination and review sessions.

Unauthorized Showing and Posting Requirements:
- Section 7: Prohibits unauthorized exhibition of materials not approved by the MTRCB.
- Section 8: Requires posting or display of MTRCB's certificate or label of approval.
- Section 9: Prohibits minors from entering theaters showing "Restricted" or "For Adults Only" films.

Definitions:
- Section 10: Defines terms like "motion picture", "television broadcast", "general viewing", "non-theatrical distribution", "theatrical distribution", and "adult".

Penalties and Enforcement:
- Section 11: Penalties for violations, including imprisonment and fines.
- Section 12: Procedures for banning motion pictures and television programs, including refund of duties and taxes.
- Section 13: Inspection powers of the MTRCB and seizure of unapproved materials.

Exclusions and Abolition:
- Section 14: Excludes motion pictures exhibited at the Manila Film Center from MTRCB's jurisdiction, unless distributed elsewhere.
- Section 15: Abolishes the Board of Review for Motion Pictures and Television and transfers its powers, functions, appropriations, records, equipment, properties, and personnel to the MTRCB.

Organizational Structure and Personnel:
- Section 16: MTRCB to determine its organizational structure and staffing patterns, with power to suspend or dismiss employees.
- Section 17: Applicability of Civil Service Law to MTRCB and its officers and employees.

Auditing and Reporting:
- Section 18: Chairman of the Commission on Audit as ex officio Auditor of the MTRCB, with authority to appoint a representative and personnel.
- Section 19: MTRCB to submit an annual report to the President within three months after the end of every fiscal year.

Sinking Fund and Assistance:
- Section 20: Establishes a Sinking Fund consisting of fees and charges collected by the MTRCB for its operational and administrative expenses.
- Section 21: MTRCB may solicit assistance from other government agencies and deputize their heads or personnel for enforcement functions.

Repealing Clause, Separability Clause, and Effectivity:
- Section 22: Repeals inconsistent provisions of laws, decrees, executive or administrative orders, rules, or regulations.
- Section 23: Separability clause.
- Section 24: Effectivity clause.