Republic of the Philippines
Film Development Council of the Philippines
Metro Manila
REVISED RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF REPUBLIC ACT NO. 9167 (AN ACT CREATING THE FILM DEVELOPMENT COUNCIL OF THE PHILIPPINES, DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDSTHEREFOR, AND FOR OTHER PURPOSES)
Pursuant to the authority vested in it under Republic Act No. 9167 (R.A. No. 9167), the Film Development Council of the Philippines (FDCP) hereby issues, adopts, and promulgates the following revised rules and regulations to effectively carry out the provisions of the said Act.
RULE I - GENERAL PROVISION
Section 1. Title. - This shall be referred to as the "Revised Implementing Rules and Regulations (IRR) of R.A. No. 9167". (Rules)
Section 2. Statement of Policy and Objectives. - The State guarantees freedom of expression. To achieve this end, the State shall promote and support the development and growth of the domestic film industry, recognizing its role as an effective medium to uplift aesthetic, historical, cultural and social values and better understand and appreciate the Filipino identity.
Further, the State shall formulate and implement policies and programs to upgrade the art and craft of film making and encourage the production of films for commercial purposes, intended for public entertainment, that seek to enhance the quality of life, examine the human and social conditions and contribute to the dignity and nobility of the human spirit.
Section 3. Scope. These Rules shall apply to all contracts, undertakings, transactions, arrangements, activities of whatever nature which are necessary or incidental to the Council's functions and objectives, with any natural or juridical entity, local or foreign, government institutions, private corporation, association, partnership and individuals.
RULE II - DEFINITION OF TERMS
Section 4. Definition of Terms. - As used in these Rules, the following terms are defined as follows:
(a) THE ACT - An Act Creating the Film Development Council of the Philippines, Defining its Powers and Functions, Appropriating Funds Therefor, and for Other Purposes (R.A. No. 9167)
(b) COUNCIL - The Film Development Council of the Philippines created by R.A. No. 9167 represented by its Chairperson and Chief Executive Officer
(c) BOARD OF TRUSTEES - Composed of the three (3) regular members and seven (7) exofficio members of the Council as provided by RA No. 9167
(d) CINEMA EVALUATION BOARD - The Cinema Evaluation Board (CEB), which shall evaluate and grade films submitted to the Council.
(e) FEATURE FILM - The principal motion picture shown on a program with other pictures
(f) THEATER OR CINEMA - An establishment devoted exclusively to the exhibition of motion pictures and other audiovisual content
(g) PRODUCER - A business executive engaged in the production of motion pictures, usually exercising final authority over all activities entailed in the making thereof
(h) DISTRIBUTOR – Any natural or juridical entity, local or foreign, government institution or private corporations, associations, partnership or individual engaged in the business of renting, selling or licensing films to exhibitors
(i) EXHIBITOR – The owners or operators of movie theaters
(j) CINEMA EVALUATION SYSTEM – A set of standards, criteria and procedures for film grading as provided under Sec. 11 and 12 of the Act, as formulated and established by the Board
(k) HIGHLY URBANIZED CITIES – Cities with a minimum population of two hundred thousand (200,000) inhabitants, as certified by the National Statistics Office, and with the latest annual income of at least Fifty Million Pesos (P50,000,000.00) based on 1991 constant prices, as certified by the city treasurer, and as defined in the Local Government Code of 1991
(l) INDEPENDENT COMPONENT CITIES – Those component cities whose charters prohibit their voters from voting for provincial elective officials, as defined in the Local Government Code of 1991
RULE III – THE COUNCIL AND THE BOARD OF TRUSTEES
Section 5. Composition of the Council and the Board of Trustees
(a) Chairperson - The Chairperson, with the rank and salary of an Undersecretary, shall be the Chief Executive Officer of the Council. He/she shall exercise administrative supervision to ensure the implementation of the policies of the Council and execute the functions provided under Section 9 of the Act. The Chairperson is appointed by the President for a term of three (3) years unless sooner removed by the President. He/she shall be eligible for reappointment but shall not serve for more than two (2) consecutive terms.
(b) Regular Members (3) - There shall be three (3) regular members each representing respectively (i) legally constituted filmmakers association; (ii) legally constituted theater owners association; and, (iii) academe. They shall be appointed by the President for a term of three (3) years unless sooner removed by the President. They shall be eligible for reappointment but shall not serve for more than two (2) consecutive terms.
(c) Ex - Officio Members (7) - There shall be seven (7) members sitting in an ex-officio capacity composed of the following: (i) Secretary of the Department of Trade and Industry or his/her duly designated representative; (ii) Secretary of the Department of Education or his/her duly designated representative; (iii) Chairperson of the Film Academy of the Philippines; (iv) President of the Cultural Center of the Philippines; (v) Commissioner/Head of the Committee on Cinema of the National Commission on Culture and the Arts; (vi) President of the League of City Mayors or his/her duly designated representative; and, (vii) Chairperson of the Metro-Manila Development authority or his/her duly designated representative.
Section 6. Succession to Vacant Position. - any person who succeeds to a position left vacant by a member shall serve only for the unexpired portion of the vacated term. Service of the unexpired portion shall not be counted as a term.
Section 7. Meetings. - The Council shall meet regularly at least once a month or as often as necessary at the call of the Chairperson or a majority of the members. In the absence of the Chairperson, the members present constituting a quorum may choose a presiding officer from among themselves. A majority of the members of the Council shall constitute a quorum to do business and to carry out its functions.
Section 8. Voting. - The Council shall act as a collegial body. In the conduct of meetings, the Chairperson shall not vote except to break a tie.ℒαwρhi৷
Section 9. Honoraria. - Each member of the Council or his / her duly designated representative shall receive an honorarium for each meeting actually attended, the amount of which will be determined by the Council based on government rules and regulations.
Section 10. Specific Powers and Functions. The Council shall have the following power and functions over the enforcement and implementation of the provisions of the Act and these Rules:
(a) To establish and implement a Cinema Evaluation System applying the criteria under Section 11 of the Act;
(b) To develop and implement an incentive and reward system for producers based on merit to encourage the production of quality film;
For this purpose, the Council shall:
i.) Establish and institute a location incentive scheme to encourage Filipino producers to promote the Philippines as a filming destination for domestic and foreign film production;
ii.) Create a streamlined process for the grant of incentivized services (i.e. issue permits, licenses and clearances) in support of such tasks in partnership with the various government agencies involved thereto; and
iii.) Create assistance funds to support film producers in the production of quality films, including but not limited to, film development, production, post-production, marketing, distribution, exhibition, and archiving practices in the country.
(c) To establish, organize, operate and maintain domestic and international film festivals, exhibitions and similar activities.
For this purpose, the Council shall:
i.) Develop and recommend general guidelines for the purpose of establishing, organizing, operating and maintaining national film festivals, exhibits and similar activities;
ii.) Collaborate in all government-led, initiated and partnered film festivals, exhibitions and events to ensure compliance with all the state policy to upgrade the art of Filipino film making and all existing laws; and
iii.) Partner with and support public and private institutions, organizations, associations, and entities for the conduct of domestic and international film festivals.
(d) To encourage and undertake activities that will promote the growth and development of the domestic film industry and promote its participation in both domestic and foreign markets; For this purpose, the Council shall:
i.) Explore and expand the local and foreign markets for Filipino films to assure mutual benefits and protection of local filmmakers and companies, distributors, exhibitions and audiences;
ii.) Establish a National Booking Committee to facilitate the conduct of distribution and exhibition of films. Its composition shall be composed of representatives from relevant stakeholders;
iii.) Support the diverse and various forms and formats of cinema such as world, regional and experimental, documentary, short, animation, digital and other audiovisual formats;
iv.) Support and empower regional cinema in the Philippines;
v.) Ensure an inclusive and holistic engagement of all stakeholders, especially local government units in the Philippines, to establish Councils and/or Commissions in charge of regional film development;
vi.) Establish a reliable, strong and transparent mechanism for the collection of timely, accurate and useful data and statistics on the local film industry to be secured from all relevant public and private stakeholders which will serve as the basis for the development of planning and informed decisionmaking of the government for the sector, including but not limited to:
1) National Database for all members and entities of film production. Pertinent data of film workers may be coordinated with institutions such as but not limited to Film Academy of the Philippines through a Memorandum of Agreement.
2) Relevant data including but not limited to:
a) Films in all stages of production;
b) All local and foreign films released annually;
c) Number of screens in the country;
d) Price points for tickets;
e) Real-time box office; and
f) Film Festivals, events and similar activities.
vii.) Serve as a consultative and advisory body for all matters pertaining to film industry development, including but not limited to, current and future legislative measures, international treaties, and local agreements;
viii.) Pursuant to all existing laws, provide standards and guidelines, and collaborate with relevant government agencies for:
1) working conditions of film industry workers;
2) technical and safety standards for the production of films;
3) distribution and exhibition of films in the country; and
4) technical standards for all commercial film exhibition venues in the country.
(e) To develop and promote programs to enhance the skills and expertise of Filipino talents necessary for quality film production;
For this purpose, the Council shall:
i.) Converge with educational institutions and government agencies to promote the integration of film education in their respective programs and/or curricula;
ii.) Conduct regular activities, fora, workshops and conferences to enhance and upgrade the knowledge and skills of Filipino talents and workers;
iii.) Develop and propose standards and certification programs for upgrading of skills and expertise of Filipino talents and workers; and
iv.) Partner with local and foreign counterparts for the conduct of the abovementioned activities.
(f) To prescribe procedures for the exercise of its powers and functions as well as the performance of its duties and responsibilities;
i.) Enter into contracts and undertakings of whatever nature which are necessary or incidental to its functions and objectives with any natural or juridical persons and with any local or foreign government institutions, private corporations, partnership, or private individuals;
ii.) Recommend executive and legislative measures to enhance the development and efficiency of policies for the local film industry; and
iii.) Align all related functions of any natural or juridical entity, government institutions, local or foreign, private corporation, association, partnership and individuals, linked but not limited to film production, copyright and/or patent, review and evaluation, theatrical release, cultural exhibits, trade and tourism, and repository of illegally obtained film devices, to preclude all unnecessary overlaps and inconsistencies in the implementation of the Council’s mandate; Provided, however, that such alignment shall be subject to prior consultation.
(g) To determine the Council's organizational structure and staffing pattern and appoint officers and employees consistent with existing laws;
(h) To acquire, manage and hold such real and personal property as may be necessary to carry out the purposes and objectives of the Act;
For this purpose, the Council shall:
i.) Establish a permanent office for the Council;
ii.) Partner with local government units for the establishment of alternative exhibition venues/cinemas for screening of films, events and similar activities through a Memorandum of Agreement;
iii.) Establish a National Film Center that may include a film museum, reference library, and events space, screening and workshops venue;
iv.) Establish a Film Archive Structure and Facility; and
v.) Identify other structures and properties that will serve as innovation and creative hubs for development of audiovisual contents. Forge collaborative efforts with government agencies to align existing and future policy initiatives on creative industries.
(i) To invest funds and other assets in activities designed to promote the development of the film industry and the production of films;
For this purpose, the Council shall:
i.) Establish and manage a Film Fund to utilize as an investment for coproduction purposes with local and foreign producers;
ii.) Invest on capital outlay assets and ventures, services, equipment, technological or otherwise, that would further elevate the film industry; and
iii.) Encourage public-private partnership that would allow the council to optimize donations/grants for film industry development.
(j) To ensure the establishment of a film archive in order to conserve and protect film negatives and/or prints as part of the nation’s historical, cultural, and artistic heritage;
For this purpose, the Council shall:
i.) Establish a restoration laboratory;
ii.) Identify priority titles annually for restoration purposes based on standard archiving considerations; and
iii.) Undertake activities to locate and complete the repatriation of Filipino titles across the world.
(k) To perform such other functions as may be necessary to carry out the provisions of this Act.
RULE IV - SECRETARIAT
Section 11. Executive Director. - The Chairperson shall be assisted by an Executive Director to be appointed by the Council upon recommendation of the Chairperson. His/her term of office shall be co-terminus with the Chairperson unless sooner removed for cause. He/She shall receive a salary comparable to that of equivalent rank under the Revised Compensation and Position Classification System.
Section 12. Functions of the Executive Director. - The Executive Director shall head the Secretariat of the Council and exercise such duties and responsibilities as may be assigned by the Chairperson.
Section 13. Support Staff. - The Secretariat shall have such operating units and personnel as the Council may find necessary for the proper performance of its functions.
Section 14. Functions of the Secretariat. - The functions of the Secretariat shall include the following:
(a) To manage and administer the day-to-day operations of the Council under the supervision of the chairperson;
(b) To facilitate communications and linkages with the Cinema Evaluation Board and the different government offices, non-governmental agencies and the public, as well as with domestic and international film festivals and markets;
(c) To provide secretariat and record-keeping services to the Council; and
(d) To perform such other duties as may be assigned by the Council.
RULE V - CINEMA EVALUATION BOARD (CEB)
Section 15. Composition of the Cinema Evaluation Board.
(a) Chairperson - The Board shall have a Chairperson who shall serve for a term of two (2) years and shall be eligible for reappointment for a second term.
(b) Film Industry Members (20) - There shall be twenty (20) members of the Board who shall come from the film industry. These members shall serve for two (2) years and shall be eligible for reappointment for a second term.
(c) Arts, Academe, Business and other Sectors (10) - There shall be ten (10) members of the Board who shall come from the field of arts, the academe, business and such other sectors as the Council may choose or identify. These members shall serve for two (2) years and shall be eligible for reappointment for a second term.
Section 16. Initial Appointments to the Board. - In the initial appointments, the Board Chairperson and the first fifteen (15) members shall hold office for two (2) years and the next fifteen (15) for one (1) year. The President shall appoint the members of the Board from among forty (40) nominees submitted by the Council.
Section 17. Succession to Vacant Position. - Any person who succeeds to a position left vacant by a member shall serve only for the unexpired portion of the term, unless re-appointed. Service of the unexpired portion shall not be counted as a term. A successor shall be appointed from among the list of nominees recommended by the Council.
Section 18. Vice-Chairperson. - The Council, upon recommendation of the Board Chairperson, shall designate a Board Vice- Chairperson from among the members of the Board.
Section 19. Meetings. - The Board shall determine its own rules and procedures, including the regular date, time and venue of their meetings subject to the approval of the Council; provided, that the presence of the Chairperson or his/her duly designated representative who is also a Board member, and at least eleven (11) members, will suffice to constitute a quorum for the purpose of transacting business; Provided further, that the Board Chairperson will not vote unless to break a tie.
Section 20. Specific Powers and Functions. - The Board shall undertake the following tasks:
(a) Evaluate and grade films submitted to the Council subject to Section 12 of the Act;
(b) Formulate and establish a set of standards and criteria and procedures for the Cinema Evaluation System primarily based on the categories enumerated in Section 11(a)-(h) of the Act, subject to the approval of the Council; and,
(c) Such other functions which the Council may assign from time to time.
Section 21. Cinema Evaluation System. - The Cinema Evaluation System, subject to the approval of the Council, shall be based on but not limited to the following:
1. DIRECTION - effective, focused and insightful integration of the different cinematic arts and crafts involved in a production, utilizing the unique strengths of the medium to dynamically depict the film's meaning and intent.
2. SCREENPLAY - a detailed scenario containing dialogue, actions, and general atmosphere to be incorporated into the finished motion picture. A superior screenplay contains a blueprint in words of an intense and imaginative vision of the world.
3. CINEMATOGRAPHY - creative use of key elements of the film medium's visual language - lighting, composition, movement, camera techniques - to dynamically depict conflict, theme, story and character as they relate to the production's significant intent.
4. EDITING - the creative use of tempo, transitions, tonal changes and other editing techniques to provide the movie with the unique visual energy and style it needs to develop its plot and theme in cinematic terms.
5. PRODUCTION DESIGN - the effective, appropriate and imaginative representation of locale, period, atmosphere, costumes, make-up, hairstyles and props as they relate to character, story and style to actualize the film's significant objective.
6. MUSIC SCORE - the creative and appropriate use of music to enhance emotion, mood and atmosphere, help define character, and establish rhythm and pacing, in furtherance of the film's creative intent.
7. SOUND - the effective and creative interplay of dialogue, music, natural sound and recorded sound effects to give the film the aural values to generate audience empathy.
8. PERFORMANCE - the clear, honest and stylistically consistent depiction of character, emotion, motivation, and personal and societal relationships, resulting in the creation onscreen of people whom viewers can understand and empathize with.
Section 22. Honoraria. - Each Board member shall receive an honorarium for each film actually evaluated, the amount of which shall be approved by the Council based on government rules and regulations.
Section 23. Prohibition and Disqualification. - Every member of the Board shall conduct himself/herself with utmost honesty and integrity at all times. No member of the Board shall participate in the grading of a film in which he/she or any member of his/her family or any relative within the fourth degree of consanguinity or affinity shall have financial or any other interest in the subject film. Such member has the duty to disclose fully in writing, at the time of his/her inhibition, the nature of his/her interest, including actual or potential conflict of interest and the reasons for his/her inhibition, the nature of his/her interest, including actual or potential conflict of interest and the reasons for his/her inhibition. Failure to do so shall be subject to formal investigation without prejudice to sanction.
RULE VI – APPLICATION FOR GRADING OF FILMS
Section 24. Pre-qualification Requirements for Feature Films. - Any feature film subject to grading must comply with the following:
Pre-qualification procedures and requirements.
1. The film must have its premiere screening in the Philippines intended for theatrical release in the Philippines.
However, the film is allowed to have:
i) previous screening via international and local film festivals
ii) advanced private screenings free of charge and by invitation only
iii) advanced screening for academic discussions or open fora free of charge
2. The film must not have had any previous theatrical release, free television broadcast, cable broadcast or video release in any commercial medium anywhere in the world.
3. The film must have a total running time of at least eighty (80) minutes;
4. The producer shall submit his/her film for grading at least seven (7) calendar days before its scheduled playdate.
Any application submitted less than seven (7) days before the first day of the scheduled playdate shall not be accepted.
5. Only Movie and Television Review and Classification Board (MTRCB) rated film shall be eligible to apply for grading.
Section 25. Procedures for Grading.
(a) The applicant producer or his/her duly authorized representative should fill-up an application form as provided by Cinema Evaluation and Coordination Division (CECD). Any application submitted less than seven (7) days before the first day of the scheduled playdate shall not be accepted.
(b) The properly filled-up application form together with the required screening fee determined by the Council should be submitted to the CECD;
(c) The film will be reviewed, evaluated and graded by the Board within five (5) working days after submission of the application and shall transmit its decision to the Council within twenty-four (24) hours from the rendering of the decision. The grading submitted by the Board en banc to the Council shall be final;
(d) The film subject of review should be submitted in its entirety by 10:00 a.m. on the day of the scheduled viewing;
(e) In the event the producer or his/her duly authorized representative fails to deliver the film on time for the scheduled review, the producer shall be liable for the expenses incurred related to the scheduled review, including the costs of food, venue and honoraria of authorized viewers;
(f) No producer and/or his/her duly authorized representative nor any member of the cast, staff or crew shall be allowed to stay inside the preview room/venue(s) during the screening and deliberations;
(g) No gifts from any party involved in the production will be accommodated or received;
(h) If any applicant producer or his/her duly authorized representative fails to submit a scheduled film for review for three (3) consecutive times, the Board will not entertain his/her future application for that particular film;
(i) The Council shall inform the applicant producer of the Board's decision not later than twentyfour (24) hours upon receipt thereof;
(j) The applicant producer will be furnished with the Board's decision and reviews, including a list of members present and the date, time and place of screening/grading;
(k) The Board and the Council shall not be allowed to cut, delete, shorten or modify in any manner films being graded by the Board, nor shall they be allowed to suggest cuts or deletions or any other form of modification to the film-makers and pre-requisites for earning the Board grading;
(l) The CEB-quality graded film, which is submitted to the Movie and Television Review and Classification Board (MTRCB) for audience classification after the film has been graded by the CEB, and for which changes are done on the film (i.e. re-editing to shorten scenes, re-mixing, etc.) may require a resubmission of said film to the Board to ensure that the film maintains its "A" or "B" grading; Provided, that the resubmission only seeks to maintain its first grading subject to a fee determined by the Council. Provided, further, that members of the Board who will review the resubmitted film will be composed of members who voted and graded the film in its first review. Tampering with graded film will result in cancellation of tax rebate; and,
(m) Any action taken by the Board on the film submitted for evaluation and grading may be reconsidered upon motion to the Board en banc within twenty-four (24) hours from receipt of notice of said action, and the Board en banc shall render its decision within forty-eight (48) hours from its receipt of the motion for reconsideration. The Board en banc must be composed of at least majority of the members of the Board; Provided, that an action for reconsideration shall be limited only to upgrading from "B" to "A", subject to a fee determined by the Council.
RULE VII – ENFORCEMENT MEASURES
Section 26. Plenary Powers of the Council. - For purposes of implementing the provisions of the Act and these Rules, the Council may:
(1) Impose administrative fines and penalties of not more than One Hundred Thousand (P100,000.00) Pesos for the violation of any provision of the Act and/or its IRR, committed by respective stakeholders;
(2) Effectively cause or initiate criminal and/or administrative prosecution of violators as stipulated. For this purpose, the Council is hereby empowered to issue subpoena duces tecum and enlist the assistance or services of the Department of Justice or the Office of the Solicitor General, especially inter alia, for the issuance of subpoena ad testificandum and conduct of proper investigation for violations of any provisions of the Act and the subsequent prosecution therefor;
(3) Call upon representatives of the different governmental agencies and other various associations in the movie industry to help ensure compliance with the Act and these Rules;
For this purpose, the Council may constitute Local Regulatory Council or Councils in the cities and municipalities throughout the country. The local council or councils shall be composed of representatives from the government and from the private sector, who shall all serve without compensation and only for such period as the Chairperson of the Council shall determine.
(4) Deputize any law enforcement agency and instrumentality of the government for assistance in the implementation and enforcement of its functions and orders.
RULE VIII – AUTHORITY TO ACCEPT DONATIONS
Section 27. Authority to Accept Donations. - The Council may accept donations, contributions, grants, bequests or gifts, in cash or in kind, from various sources, domestic or foreign, except from domestic movie producers and distributors, for purposes relevant to its functions.
Section 28. Use of Cash Donations. - Cash donations shall not be used to fund the personal services requirements of the Council. However, cash donations may be used for project hires, which include such expenses as honoraria and other fees.
RULE IX – ANNUAL REPORT
Section 29. Annual Report. - The Council shall, within ninety (90) days after the end of every fiscal year, submit to the President and to Congress an annual report on its compliance with, or accomplishments under the Act and these Rules, together with its plans and recommendations to improve and develop its capability to enforce the provisions of the Act and these Rules, and a complete accounting of transactions with respect to any funds received under these Rules.
RULE X - FINAL PROVISIONS
Section 30. Separability Clause. - If, for any reason, any provision of these Rules, or any part thereof, is declared invalid or unconstitutional, all other sections or provisions not affected thereby shall remain in force and effect.
Section 31. Amendment. – As the need arises, this IRR may be amended by the Council. Any amendment to this IRR shall be applicable only to all activities conducted after the date of effectivity of the said amendment.
Section 32. Repealing Clause. – All executive and administrative orders, rules and regulations, or part or parts thereof inconsistent with any provision of these Rules are hereby repealed, amended or modified accordingly.
Section 33. Effectivity. - These Rules shall take effect fifteen (15) days after their publication in two (2) national newspapers of general circulation and upon filing with the Office of the National Register, University of the Philippines Law Center of three (3) copies of this IRR except those, which pertain to self-executing provisions of these Rules.
Approved by the Film Development Council of the Philippines ________________.
CERTIFIED BY:
RIA ANNE S. RUBIA
OIC, Executive Director
NOTED BY
USEC. MARY LIZA B. DIÑO
Chairperson/Chief Executive Officer
APPROVED during the Board of Trustees Meeting on 28 May 2020 held through web conference (via Zoom).
Sgd.
Rolando B. Tolentino
Chairman
National Committee on Cinema, National
Commission on Culture and Arts |
Arsenio J. Lizaso
President
Cultural Center of the Philippines |
Sgd.
Anna Karenina F. Buenafe
Representative from Department of Trade and Industry |
Sgd.
Fidel D. Pamintuan
Representative from League of Cities of the Philippines |
Vivian Velez
Director General
Film Academy of the Philippines
(Not Present) |
Danilo D. Lim
Metro Manila Development Authority |
Sgd.
Alain Del B. Pascua
Representative from
Department of Education |
Sgd.
Maria Liza B. DIño
Chairperson and CHief Executive Director
Film Development Council of the Philippines |
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