SEC. 3. Powers and Functions. — 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 this Act, and the accomplishment of its purposes and
objectives, including guidelines and standards for production, advertising and
titles. Such rules and regulations shall take effect after 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,
television programs, including publicity materials such as advertisements,
trailers and stills, whether such motion pictures and publicity materials be for
theatrical or non-theatrical distribution, 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, distribution, sale,
lease, exhibition and/or television broadcast of the motion pictures, television
programs 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, rebellion or sedition
against the State, or otherwise threaten the economic and/or political stability
of the State;
ii) Those which tend to undermine the faith and confidence of
the people in their government and/or the 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 tend to abet the traffic in and use of prohibited drugs;
vi) Those
which are libelous or defamatory to the good name and reputation of any person,
whether living or dead; and
vii) Those which may constitute contempt of court
or of any quasi-judicial tribunal, or pertain to matters which are subjudice in
nature.
Provided, however, That deletions or cuts must not be made on the
master negative of the films, and that such master negative shall be deposited
with the Film Archives of the Philippines and shall be released for export
purposes to the film owner only upon showing of the proper export permit;
Provided, finally, That the film owner shall execute his own
undertaking that such master negative shall be exclusively used for export
purposes and not for local viewing;
d) To supervise, regulate, and grant, deny or cancel, permits for the
importation, exportation, production, copying, distribution, sale, lease,
exhibition, and/or television broadcast of all motion pictures, television
programs and publicity materials, to the end that no such pictures, programs and
materials as are determined by the BOARD to be objectionable in accordance with
paragraph (c) hereof shall be imported, exported, produced, copied, reproduced,
distributed, sold, leased, exhibited and/ or broadcast by television;
e) To classify motion pictures, television programs and similar shows into
categories such as "G" or "For General Patronage" (all ages admitted, "P" or
"Parental Guidance Suggested", "R" or "Restricted" (for adults only), "X" or
"Not for Public Viewing", or such other categories as the BOARD may determine
for the public interest;
f) To close moviehouses and other similar establishments engaged in the
public exhibition of motion pictures and television programs which violate the
provisions of this Act and the rules and regulations promulgated by the BOARD
pursuant hereto;
g) 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;
h) To deputize representatives from the government and from the various
associations in the movie industry, whose main duties shall be to help ensure
compliance with all laws relative to the importation, exportation, copying,
distribution, sale, lease, exhibition and/or television broadcast of motion
pictures, television programs, advertisements and publicity materials. For this
purpose, the BOARD may constitute such Regulatory Council or Councils composed
of representatives from the government and the movie and television industry as
may be appropriate to implement the purposes and objectives of this Act. The
BOARD may also call on any law enforcement agency for assistance in the
implementation and enforcement of its decisions, orders or awards;
i) To cause the prosecution, on behalf of the People of the Philippines, of
violators of this Act, of anti-trust, obscenity, censorship and other laws
pertinent to the movie and television industry;
j) 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
k) To exercise such other 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.
