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WHEREAS, Section 27 of Rep. Act No. 9239 has transferred to the Movie & Television Review and Classification Board (MTRCB) the review and classification functions of the Optical Media Board;

NOW, THEREFORE, pursuant to Section 3 (a) of Presidential Decree No. 1986, the Board hereby approves and promulgates the following implementing rules and regulations on the standards for review and classification of optical media materials for private viewing.

Title

SECTION 1. Title - These rules and regulations shall be referred to as the Review and Classification Rules and Regulations of Optical Media Materials for Private Viewing.

Rule 1
Definition of Terms

SECTION 1. Definition of Terms - as used in these Rules and Regulations, the herein terms shall be defined as follows:

a. Board - The Movie and Television Review and Classification Board (MTRCB) created under Presidential Decree No. 1986.

b. Optical Media Material/Material - video cassette tape, film, motion picture, disc or any other technical variation thereof, containing recorded visual images of any cinematographic art or work, performance, or event that can be projected on television screens and other projection equipment. The definition does not include similar software and equipment used for games and amusement purposes which may require the active participation of the user.

c. Commercial Permit - the authority issued by the Optical Media Board for the commercial reproduction, replication, distribution, selling or renting, of optical media material.

d. Promotional Material - any material used to generate public interest in or further the growth or development of the optical media material.

e. Cinematographic Art or Work - artistic creations that employ a series of pictures projected on a screen in rapid succession, with objects shown in successive positions slightly changed so as to produce the optical effect of a continuous picture in which the objects move.

f. Rights - the consent, approval, or authority given by the producer, importer, licensee, or lessee of cinematographic art or work for the commercial exploitation of such art or work in optical media material.

g. Disposition - the manner or method of exploitation of optical media material for commercial or promotional purposes, such as distributing, producing, reproducing, marketing, selling or leasing of said material.

h. Production - the act or business of filming, capturing or imprinting on an optical media material any cinematographic art or work, performance or event.

i. Reproduction - the act or business of transferring, replicating, copying, duplicating, taping or dubbing, into an optical media material, cinematographic art or work, performance or event.

j. Distribution - the act or business of commercial exploitation and disposition of any cinematographic art or work, performance, or event in optical media material, within a specific territory, of acquired optical media material rights whether from local or foreign owners. Distribution includes the act of importation or exportation of optical media material.

k. Dealership - the particular act or business of selling or leasing of optical media material in commercial quantities to retailers or retail outlets. Dealership includes the activity of servicing the reproduction or replicating of optical media for distribution.

l. Private Viewing/Exhibition - the act of viewing or exhibiting an optical media material in a private place without monetary or promotional consideration and where less than fifteen (15) persons are present during the viewing/exhibition.

m. Public Exhibition - the act or business of showing of cinematographic work, performance or events in optical media material in public places such as theaters, moviehouses, restaurants, hotels, motels, barns, halls, lounges, plazas, disco houses, beer houses, pubs, airlines, ships, and other similar places that are open to the general public and private places where the showing is for monetary or promotional consideration, or where fifteen (15) or more persons are present during the exhibition.

n. Certificate of Registration - the authority issued to an entity to transact business with the Board subject to the provisions of Presidential Decree 1986, in relation to the review and classification of optical media material.

o. Review - the process whereby the Board examines the content of an optical media material to determine whether, based on the standards set by law, is fit for reproduction, distribution, sale or rent intended for private viewing.

p. Classification - The act or process of reviewing an optical media material and assigning a specific rating either "G" general viewing; "PG" parental guidance; "R" Restricted for Adults; or "X" Disapproved.

q. Classification Certificate - Certificate issued by the Board certifying that the subject optical media material has been reviewed, classified and issued a corresponding rating.

r. Optical Media Material Label - printed hallmark, insignia or design of the producer or manufacturer defining and identifying the subject optical media material.

s. Credits - the opening and closing segments of the material enumerating and identifying the persons who portrayed the characters therein, the producer, director,and other pertinent data required by law.

Rule 2
Objectives of the Board

SECTION 1. Objectives of the Board - The Board recognizes the various roles of the ‘optical media industry' in society, as entertainment, educational and informative. Thus, in the regulation thereof thru content classification, the Board shall promote, develop and maintain the same as a viable industry by protecting it from the inroads of obscenity, unjustified violence, and other objectionable content that corrode the moral and social values of the community.

Rule 3
Registration with the Board

SECTION 1. Annual Registration of Entities - All entities engaged in the business of production, reproduction, importation, distribution and/or dealership of optical media material intended for private viewing thus requiring a classification certificate shall annually register with the Board.

SECTION 2. Separate Registration - An entity engaged in more than one of the businesses cited in the preceding section and has separate and distinct transactions with the Board subject herein shall register each line of business.

SECTION 3. Application and Certificate of Registration - Entities required to register with the Board shall accomplish under oath the prescribed form, submit the documentary requirements and pay the corresponding annual registration fee. The Certificate of Registration shall be issued by the Board accordingly.

SECTION 4. Annual Registration Fee, Surcharge and Penalty  - The annual registration fee and other related fees shall be prescribed by the Board. A surcharge and/or penalty shall be imposed on late registration.

Rule 4
Optical Media Material Subject to Review and Classification

SECTION 1. Materials Subject to Review - All optical, media materials, such as but not limited to, motion pictures, films, video tapes, music videos, compact discs and other audio-visual works intended for private viewing shall be subject to review and classification by the Board before they are commercially reproduced, replicated, distributed, sold or leased.

SECTION 2. Application for Review and Classification - All duly registered entities engaged in the business stated herein applying for the review and classification of an optical media material shall accomplish under oath the prescribed application form and submit documents as may be required by the Board.

SECTION 3. Certificate of Classification, Fees - The optical media material shall be accepted for review and classification upon submission of a duly accomplished application for review and classification and payment of the corresponding fees.

Rule 5
Standards for Review and Classification

SECTION 1. Guiding Principles - The Board shall judge the content of the optical media material not on its theme but its treatment of a theme; not on its plot, but on the thesis the plot espouses; not on its parts or portions, but in its entirety and as a whole.

SECTION 2. Standards for Review - The Board shall judge the content of a material submitted for review, applying as basic standard contemporary Filipino cultural values, disallowing that which is objectionable for being immoral, indecent, libelous, contrary to law or good customs, injurious to the prestige of the Republic of the Philippines and its people, such as but not limited to, those materials which:

a. glorify criminals or condone crimes;
b. are libelous or defamatory to the good name and reputation of any person, whether living or dead;
c. tend to abet the trafficking and use of prohibited drugs;
d. clearly constitute an attack against any race, creed or religion as distinguished from individual members thereof; and,
e. serve no other purpose but to satisfy the market for excessive violence or pornography.

SECTION 3. Test of Pornography - Pornography, as herein applied, is synonymous with obscenity, the test of which is whether the material tends to weaken the moral fiber of the community or tends to influence the viewer to anti-social or socially counter productive behaviour, and when the same is utterly bereft of redeeming social value, such as but not limited to, the unnecessary depiction of:

a. sex without consent;
b. sex with or among children under the age of twelve (12) years;
c. sex with animals or zooerastia;
d. satyriasis or nymphomania;
e. anal intercourse, bondage, sado-masochism and similar acts;
f. sexual orgies, like group sex or unabated sex;
g. sexual licentiousness, libertinism or hedonism; or,
h. even normal copulation.

SECTION 4. Test of Excessive Violence - The test of excessive violence is whether the material tends to lead the community into violent anti-social counterproductive behavior, or whether it is utterly bereft of redeeming social value, such as but not limited to, the unnecessary depiction of:

a. violent individual or group oppression, or repression of the physically and socially weak;
b. brutality;
c. carnage, genocide and similar acts;
d. sado-masochism;
e. violence in sex; and,
f. gory and visceral results or aftermath of violence.

Rule 6
Classification and Ratings

SECTION 1. Classification - Classification calls upon the assumption of responsibility by parents. The Board renders the classification as an advisory to parents on the content of an optical media material. Apprised of said information, parents are urged to exercise due diligence to ensure that children are not exposed to objectionable content as defined in these rules.

Classification shall be used on the treatment of theme, violence, language, nudity, drug abuse, and other similar elements. In making the evaluation, the Board shall not consider pieces or portions of the material in isolation but shall look at the submitted material in its entirety. It shall base its decision on what is seen or heard and not on what is imagined.

SECTION 2. Ratings of Optical Media Material for Private Viewing  - All optical media materials subject to review under the preceding sections shall be rated as "GENERAL PATRONAGE" ("G"); PARENTAL GUIDANCE ("PG"); RESTRICTED ("R"), and, DISAPPROVED ("X"), which shall be understood, as follows:

A. GENERAL PATRONAGE ("G") - Suitable for all ages. Material which in the judgment of the Board does not contain any objectionable content that would be deemed offensive by parents whose young children were to view the material.

While some snippets of language may go beyond polite conversation, they should be common everyday expressions. Violence should be minimal. There is no sexually oriented nudity. Any drug use content pushes the "G" to a "PG" rating.

B. PARENTAL GUIDANCE ("PG") - Parental guidance suggested. Material which, in the judgement of the Board, goes beyond a "G" classification in theme, violence, nudity, sensuality, language, or other contents but does not fall within the parameters of a "STRICTLY FOR ADULTS" ("R") rating. Though it may contain adult material, it is nevertheless permissible for children to view the material under the guidance and supervision of a parent or adult.

The PARENTAL GUIDANCE ("PG") classification exhorts parents to exercise parental responsibility to supervise the viewing of the material by children.

C. "RESTRICTED ("R") - For Adults Only. An adult for the purposes of these rules are persons eighteen (18) years old or above. Restricted optical media materials are materials which, in the judgment of the Board, contain adult material not suitable for children and minors under any and all circumstances. These contain vulgar or profane language, considerable sex and violence, sexually oriented nudity, tolerant depiction of aberrational behavior.

The RESTRICTED ("R") classification exhorts parents to exercise parental responsibility and diligence to prevent access to this material by children.

D. "DISAPPROVED "X" - Material which in the judgment of the Board, using as standard contemporary Filipino cultural values, finds the same objectionable either for being immoral, indecent, libelous, contrary to law or good customs, injurious to the prestige of the Republic of the Philippines and its people.

SECTION 3. Review of Similar Matter Already Reviewed for Theatrical and/or Television Exhibition  - Any material reviewed and classified by the Board for theatrical and/or television exhibition shall be classified and issued the corresponding rating for private viewing without necessity of review in accordance with the following table, provided that, a duly accomplished application has been filed, the corresponding review fees have been paid and the submitted optical media material is the same unedited version.

                                                                                       

Rating for Theatrical Exhibition	Rating for Private Viewing
G	G
PG 13	PG
R 13	PG
R 18	R
Rating for Television	Rating for Private Viewing
G	G
PG	PG

SECTION 4. Display of Rating on Optical Media Material Credits, Label and Product Packaging  - A Board approved MTRCB insignia and approval rating of the Board shall be incorporated and prominently displayed in the credits, label and product packaging of all approved optical media material prior to its distribution, sale or lease.

Rule 7
Procedure of Review and Classification

SECTION 1. First Review, Designation of Reviewer/Committee -

a. Review Committee - a proper application having been filed before the Board, the Chairman of the Board or thru a committee of at least three (3) board members present appointed by the Chairman shall designate one (1) board member to review the optical media material. The Chairman of the Board may, due to the sensitive nature of the material, designate and/or refer the material to a committee of at least three (3) board members.

b. Classification/Rating - The reviewer or committee, shall render a decision and rate the same accordingly and not order deletions or erasures in the optical media material.

c. Decision - The decision shall be in writing, stating therein the reason/s either for the approval or denial of the audience classification desired. A committee member dissenting from the majority opinion may state therein the reason/s of his dissent.

d. Ten (10) Day Period - The Board shall, at best efforts, review and classify the material or resolve a motion for reconsideration or reclassification within ten (10) working days from receipt of a duly accomplished review application/motion and payment of the review fee. The decision, including the dissenting opinion, if any, shall immediately be transmitted to the Chairman of the Board for notification to the applicant.

e. Motion for Reconsideration - In the event of a Disapproved "X" rating, the applicant may file a Motion for Reconsideration within five (5) working days from notice of the decision.

f. Motion for Reclassification - An applicant desiring a change in the approved rating, issued may file a Motion for Reclassification within five (5) working days from notice of the decision.

g. Revisions - The applicant moving for a reconsideration of a disapproved material or reclassification for a less restrictive audience rating may at its own initiative institute revisions in the subject optical media material.

h. Committee on Second Review - Upon receipt of the motion for reconsideration or motion for reclassification, the Chairman of the Board shall designate a Committee on Second Review composed of at least five (5) board members. The members of the Committee on First Review shall not be appointed to the second committee.

i. Appeal to the Board En Banc - The applicant may within ten (10) working days from receipt of denial of the motion for reconsideration or reclassification appeal the matter before the Board en banc.

j. Final Decision - The decision of the Board en banc shall be final.

SECTION 3. Review Deemed Terminated - The review and classification process shall be deemed terminated only upon receipt of the decision by the Office of the Chairman of the Board.

SECTION 4. Custody of Reviewed Materials - Optical media materials submitted to the Board for review and classification shall remain in the custody of the Board for proper disposition.

Rule 8
Inspection of Business Premises

SECTION 1. Authority to Inspect - In the exercise of its regulatory and supervisory functions, the Board or its duly authorized representative shall be allowed, within business hours, unhindered entry and access into the business premises of producers, reproducers, distributors, dealers, retailers, and public exhibitors of optical media materials, for the purpose of inspecting and determining compliance with applicable provisions of Republic Act No. 9239, Presidential Decree No. 1986 and the herein rules and regulations.

Rule 9
Prohibited Acts/Prosecution

SECTION 1. Prohibited Acts - The following are herein considered prohibited acts and in violation of Republic Act No. 9239, Presidential Decree No. 1986 and their implementing rules and regulations:

a. Reproducing, distributing, selling and/or leasing optical media materials that have not been submitted for review and classification to the Board.

b. Reproducing, distributing, selling and/or leasing optical media material disapproved by the Board.

c. Selling and/or leasing optical media material that have been rated "R" to persons under eighteen (18) years of age and material rated "PG" to persons under thirteen (13) years of age.

d. Commercially possessing, reproducing, distributing, selling and/ leasing, optical media material included in the prohibited or warning list issued by the Board from time to time.

e. Commercially possessing, producing, reproducing, distributing, selling and/or leasing pornographic optical media material.

f. Commercially reproducing, distributing, selling and/or leasing optical media material untitled or falsely titled.

g. Commercially possessing, reproducing, distributing, selling and/or leasing optical media materials without the approved MTRCB insignia/logo and rating incorporated and prominently displayed in the label, product packaged and/or in the credits thereof.

h. Revising, editing or inserting disapproved or deleted portions into optical media material approved and rated by the Board.

i. Deliberate misrepresentation committed in registering with or applying a Certificate of Classification from the Board.

j. Failure to surrender to the Board optical media material involved in any violation.

k. Switching, substituting, or in any manner tampering with the Board required labels.

l. Refusal of an establishment to submit to inspection as required under Republic Act 9239, Presidential Decree No. 1986 and these Rules and Regulations.

m. Publicly displaying of posters and other promotional/advertising material not authorized by the Board.

SECTION 2. Criminal and Administrative Sanctions - Without prejudice to the institution of appropriate criminal actions, any violation of Republic Act No. 9239, its implementing rules and regulations, Presidential Decree No. 1986 and these rules and regulations shall be administratively penalized with suspension or cancellation of certificates of classification and/or registration issued by the Board and/or the imposition of other administrative penalties provided by law.

SECTION 3. Hearing and Adjudication - Any administrative case under the preceding section shall initially be submitted before the Office of the Chairman of the Board. Should the alleged offender voluntarily admit the charge/s, the Chairman shall impose the appropriate penalty. In the event the alleged offender denies or refutes the charge/s, the Chairman shall refer the case to the Hearing and Adjudication Committee composed of at least (3) Board Members designated by the Chairman. At least one member of the Hearing and Adjudication Committee shall be a member of the Philippine Bar.

SECTION 4. Appeal - An appeal of the decision of the Hearing and Adjudication Committee may be filed before the Board en banc within ten (10) working days from receipt of said decision.

SECTION 5. Final Decision - The decision of the Board en banc shall be final.

SECTION 6. Suppletory Application - The Rules of Court shall have suppletory application.

Rule 10
Final Provisions

SECTION 1. Separability Clause - Should any section or provision of these rules and regulations be held to be invalid, the invalidity shall not affect the other provisions which shall remain in full force and effect.

SECTION 2. Repeal - Any prior rule, regulation, circular, or order that is inconsistent with the above provisions shall be deemed amended, modified, or repealed.

SECTION 3. Effectivity - These rules and regulations shall take effect after fifteen (15) days following their publication in newspapers of general circulation in the Philippines.

Adopted: 20 July 2005

Certified by:

(SGD.) EDITHA G. DEMETRIA
Executive Director

Noted by:

(SGD.) MA. CONSOLIZA P. LAGUARDIA
Chairperson

SCHEDULE OF MTRCB REVIEW AND
CLASSIFICATION FEES FOR OPTICAL MEDIA MATERIAL

1. The following review fees/rates shall be determined by the running time of the optical media material in accordance with the following schedule:

                               

a. running time up to fifteen (15) minutes	P1,000.00
b. running time of more than fifteen (15) minutes to one (1) hour	P1,200.00
c. running time of more than one (1) hour to three (3) hours	P1,500.00
d. Every hour exceeding three (3) hours or a fraction of the hour	P1,000.00/hr.

2. The Annual Registration Fee:

               

a. For year 2005	P1,750.00
b. For year 2006 and every year thereafter until further notice	P3,500.00

3. Payment of the annual fee shall be paid on or before December 31 of the preceding year. A 100% Penalty shall be imposed on late registration and payment of fee.

Certified by:

(SGD.) EDITHA G. DEMETRIA
Executive Director

Noted by:

(SGD.) MA. CONSOLIZA P. LAGUARDIA
Chairperson