Administrative Issuances

A.O. No. 25, s. 2011, Creating an Inter-Agency Task Force on the Harmonization of National Government Performance Monitoring, Information and Reporting Systems

MALACAÑAN PALACE
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

ADMINISTRATIVE ORDER NO. 25

CREATING AN INTER-AGENCY TASK FORCE ON THE HARMONIZATION OF NATIONAL GOVERNMENT PERFORMANCE MONITORING, INFORMATION AND   REPORTING SYSTEMS

WHEREAS, in line with its commitment to accountability and effective governance, the current Administration is focused on achieving the outputs and outcomes in its Social Contract with the Filipino People and the Philippine Development Plan (PDP) 2011-2016;

WHEREAS, performance monitoring, evaluation, information and reporting are essential components of an effective and efficient performance management system;

WHEREAS, performance monitoring and reporting in the public sector vary across departments, offices and agencies with oversight functions that monitor, evaluate and report performance of government agencies and instrumentalities;

WHEREAS, many deficiencies and duplication have been noted in the present performance monitoring systems and processes used by government agencies within the Executive Branch of Government that have resulted in redundant data, reports in different formats, delay in submissions, inaccurate results, and inefficiencies in performance monitoring, evaluation, and reporting;

WHEREAS, there is a need to rationalize, harmonize, streamline, simplify, integrate and unify the efforts of government agencies mandated to exercise broad oversight of government agencies’ performance relative to the National Leadership’s Agenda, the Philippine Development Plan (PDP) 2011-2016, agency mandates, commitments and targets; and

WHEREAS, towards this end, a collaborative mechanism must be developed among these oversight agencies that will establish a unified and integrated Results-Based Performance Management System (RBPMS) across all departments and agencies within the Executive Branch of Government incorporating a common set performance scorecard, and at the same time, creating an accurate, accessible, and up-to-date government-wide, sectoral, and organizational performance information system.

NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Creation of an Inter-Agency Task Force. There is hereby created an Inter-Agency Task Force that will harmonize, unify, streamline and simplify all existing monitoring and reporting requirements and processes consistent with the RBPMS that will be created. The Inter-Agency Task Force shall be chaired by the Department of Budget and Management (DBM) and co-chaired by the Office of the Executive Secretary (OES), with the following as members:

a. National Economic and Development Authority (NEDA);

b. Presidential Management Staff (PMS); and

c. Department of Finance (DOF).

Representatives to the Task Force shall have a rank not lower than an Assistant Secretary and duly authorized by the secretary concerned.

SECTION 2. Functions. The Inter-Agency Task Force shall undertake the following:

a. To develop a Common Set Performance Scorecard;

b. To design a Government Executive Information System, and

c. Such other powers and functions as may be necessary to carry out the provisions of this Administrative Order (AO).

SECTION 3. Harmonized RBPMS. The Organizational Performance Indicators Framework (OPIF) and the Results Matrix (RM) shall be the underlying frameworks for the proposed RBPMS, which will be used by all government agencies mandated to exercise broad oversight over the performance of all agencies in the government.

The harmonized RBPMS shall likewise be used as basis for determining entitlement: to performance-based allowances, incentives, or compensation of government personnel.

SECTION 4. Involvement of Other Government Oversight Offices. The Task Force shall involve the Civil Service Commission (CSC) and the Career Executive Service Board (CESB) in order to align the Strategic Performance Management (SPMS) of CSC and the Career Executive Service Performance Evaluation System (CESPES) of CESB to the proposed RBPMS. Other government departments, offices or agencies, such as the Commission on Audit (COA) and the Office of the Ombudsman, may be invited by the^; Task Force to provide their respective insights on the harmonization process.

SECTION 5.  Private Sector Involvement. The Task Force shall likewise involve the private sector, through the National Competitiveness Council (NCC), for the purpose of providing inputs and aligning other advocated performance management systems with the proposed unified RBPMS.

SECTION 6. Secretariat and Technical Support, The Development Academy of the Philippines (DAP) shall serve as the Secretariat of the Task Force as well as its technical resource institution.

SECTION 7. Reporting. Within a period of six (6) months from the issuance of this AO, the Task Force shall submit its recommendation on the RBPMS to the President, through the Executive Secretary.

SECTION 8. Funding. The DBM shall provide for the funding requirements of the Inter-Agency Task Force.

SECTION 9. Separability Clause. If any provision of this AO is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

SECTION 10. Repealing Clause. All orders, rules, regulations, and issuances, or parts thereof, which are inconsistent with this Administrative Order, are hereby repealed, amended, or modified accordingly.

SECTION 11. Effectivity. This Administrative Order shall take effect immediately.

DONE, in the City of Manila, this 21^st day of December, in the year of Our Lord, Two Thousand and Eleven.

(Sgd.) BENIGNO S. AQUINO III

By the President:

(Sgd.) PAQUITO N. OCHOA
      Executive Secretary

A.O. No. 24, s. 2011, Authorizing the Grant of Productivity Enhancement Incentive to Government Employees for Fiscal Year 2011

MALACAÑAN PALACE

MANILA

BY THE PRESIDENT OF THE PHILIPPINES

ADMINISTRATIVE ORDER NO. 24

AUTHORIZING THE GRANT OF PRODUCTIVITY ENHANCEMENT INCENTIVE TO GOVERNMENT EMPLOYEES FOR FISCAL YEAR 2011

WHEREAS, the current Administration in FY 2011 has kept fiscal deficit way below target by improving revenue collection, exercising prudent expenditure management, and promoting transparency and anti-corrupt practices in government transactions;

WHEREAS, the government has gained significant headway in channeling funds towards poverty alleviation, provision of quality education and health services, provision of decent and affordable housing, promotion of employment opportunities, improvement of infrastructure, and fostering peace and development;

WHEREAS, the government is implementing vigorously a Disbursement Acceleration Program to speed up the momentum of public spending and stave off an economic slowdown in the face of a weak global environment;

WHEREAS, these accomplishments are being achieved through the unwavering support, commitment, and collaborative efforts of all government employees from all sectors and levels of Philippine bureaucracy;

WHEREAS, item (4)(h)(ii) of the Senate and House of Representatives Joint Resolution No. 4, approved on 17 June 2009, provides for the grant of Productivity Enhancement Incentive (PEI) as a reward for exceeding agency financial and operational performance targets and to motivate employee efforts towards higher productivity; and

WHEREAS, item (4)(h)(ii)(bb) of the same Joint Resolution provides that the PEI may be authorized at the end of the year by the President of the Philippines for the Executive Branch and local government units (LGUs).

NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

SECTION 1. Grant of PEI to Employees in the Executive Branch. Civilian employees in national government agencies (NGAs) under the Executive Branch, including those in government-owned or -controlled corporations (GOCCs) and government financial institutions (GFIs) covered by Republic Act (RA) No. 6758, as amended, are authorized to be granted a one-time maximum amount of Ten Thousand Pesos (P10,000.00) each as PEI. The grant thereof is subject to the following conditions:

a) The employees occupy regular, casual or contractual positions, and are still in service as of 30 November 2011.

b) The employees have rendered at least four (4) months of service for the year to be entitled to the full amount of the PEI. Those who have rendered less than four (4) months of service shall be entitled to pro-rated PEI, as follows:

c) The employees have not received any additional year-end benefit in FY 2011 over and above the benefit authorized under RA No. 6686, as amended by RA No. 8441.

Military personnel of the Armed Forces of the Philippines (AFP), Department of National Defense (DND), uniformed personnel of the Philippine National Police (PNP), Bureau of Fire Protection (BFP), and Bureau of Jail Management and Penology (BJMP) under the Department of the Interior and Local Government (DILG); Philippine Coast Guard (PCG); and National Mapping and Resource Information Authority (NAMRIA) are also entitled to the PEI in line with item (8) of the Senate and House of Representatives Resolution No. 4 (s. 2009).

SECTION 2. Funding Source of the PEI for Employees in the Executive Branch. Funds needed for the grant of the PEI to employees in NGAs under the Executive Branch and in GOCCs and GFIs, shall be charged against the following:

a) For employees of NGAs, their PEI shall be charged against the amount appropriated for the purpose under the Miscellaneous Personnel Benefits Fund (MPBF) in RA No. 10147, the FY 2011 General Appropriation Act, as augmented by savings from unreleased appropriations under RA No. 10147.

b) For employees of GOCCs and GFIs, the amount required shall be charged against their respective approved corporate operating budgets for FY 2011. In case of insufficiency of funds, the PEI shall be granted at a lower but uniform percentage of the PEI rates.

SECTION 3. PEI for Employees in the Legislative and Judicial Branches, and Other Offices Vested with Fiscal Autonomy.Employees of the Senate, House of Representatives, the Judiciary, the Office of the Ombudsman, and Constitutional Offices vested with fiscal autonomy may likewise be granted a one-time PEI by their respective heads of office at rates not exceeding Ten Thousand Pesos (P10,000.00) each, chargeable against their respective available savings in allotments, subject to the conditions set in Section 1 (a), (b) and (c) hereof.

SECTION 4. PEI for Employees in LGUs. The grant of one-time PEI for salaried employees in LGUs, including those inbarangay governments who are compensated through monthly honoraria, shall be determined by the respectivesanggunian, depending on the LGU financial capability and subject to: (i) the Personal Services limitation in LGU budgets under RA No. 7160, and (ii) the conditions in Section 1 (a), (b) and (c) hereof, chargeable against the FY 2011 local government funds.

LGUs shall exercise prudence in the use of local funds. In determining the amount of the PEI, the sanggunian shall ensure that the same is reasonable and that the expenditure will not, in any way, adversely affect the delivery of services to the public.

SECTION 5. PEI for Employees in Agencies Exempted from the Coverage of RA No. 6758, as amended. Employees in NGAs, GOCCs, and GFIs exempted from the coverage of RA No. 6758, as amended, may also be entitled to the PEI at rates as may be determined by their governing boards or agency heads, but not exceeding Ten Thousand Pesos (P10,000.00) each, chargeable against their respective funds, in line with item (9) of the Senate and House of Representatives Joint Resolution No. 4 (s. 2009).

SECTION 6. Payment of PEI. Payment of the PEI to government employees shall not be made earlier than 08 December 2011.

SECTION 7. Guidelines on the Grant of the PEI. The Department of Budget and Management (DBM) shall issue the necessary guidelines to implement this Administrative Order.

SECTION 8. Repealing Clause. All issuances, orders, rules, and regulations or parts thereof which are inconsistent with the provisions of this Administrative Order are hereby revoked and/or modified accordingly.

SECTION 9. Separability. If any provision of this Administrative Order is declared invalid or unconstitutional, the other provisions unaffected shall remain valid and subsisting.

SECTION 10. Effectivity Clause. This Administrative Order shall take effect immediately.

DONE in the City of Manila this 1st of December in the Year of Our Lord, Two Thousand and Eleven.

(Sgd.) BENIGNO S. AQUINO III

By the President:

(Sgd.) PAQUITO N. OCHOA, JR.

Executive Secretary

Policy on Law Student Appearing as Counsel for Detainees

TO: All Regional Directors

SUBJECT: POLICY ON LAW STUDENT APPEARING AS COUNSEL FOR DETAINEES

DATE: 15 March 2010

1. References: a.) Letter from Mr. Vincent Patrick Cruz, law student, Ateneo de Manila Law School dated 05 January 2010.
b.) Rule 138-A Rules of Court
c.) RA No. 7438

2 Jail overcrowding or congestion has been the :most pressing problem of the Jail Bureau. Our jail population would have been  continuously increasing if not because of the efforts of our paralegal officers and volunteers in the field with the cooperation and support of various law schools and students.

3. On 13 January 2010, howeverl we received a 1eUer’ from Vincent Patrick Cruz, a 4th year law student of Ateneo de Manila Law School informing us of an incident which occurred on November 30, 2009 at Quezon City Female Dormitory of which they were denied entry to the jail premises to conduct interview with the inmates-client on the ground that they failed to secure a clearance hom the main office.

4. Untoward incident like this could have been avoided if we have a policy. Hence to formalize this endeavor it is high time for us to come up with the policy that will allow law students to visit our jails to conduct interview with our inmates.

 

POLICY ON LAW STUDENT APPEARING AS COUNSEL FOR THE DETAINEES

A. PURPOSES:

1. To have a uniform policy in the implementation of Rule 138-A, Rules of Court or the Law Students Practice Rule;

2. To provide guidelines to be followed by jail authorities before, during and after the conduct of interviews by law students with then-client/ detainees;

3. To clarify the protocols and procedures regarding bona fide law students who appear on behalf of any law school’s legal aid program.

B. OBJECTIVES:

This policy sets down the procedures to be observed by the following:

a.       Law students

b.       Jail authorities

C. PROCEDURES:

1.       Law Students

a.       Must present a school identification card showing that he/she is currently enrolled at the law school.

b.       Must present a certification signed by the Dean of the law school or his duly authorized representative attesting that the law student(s) has: (1) successfully completed his 3^rd year of the regular four-year prescribed law curriculum; (2) enrolled in a law school’s clinical legal education program approved by the Supreme Court; and (3) indigent client(s) is accepted by the legal dmk of the law school.

c.       Submit themselves for inspection of their person and belongings prior to entry to the jail facility.

2.       Jail Authorities

a.       After verifying all the abovementioned documents the Jail authorities must confirm with the inmate if he/she allowed the law student from the legal clinic to represent him/her as counsel.

b.       Thereafter the gate guard on duty shall enter in the logbook the name and school of the law students, name of the inmate to be
interviewed, time and date of arrival/departure and his/her signature should be affixed.

c.       Law students must be issued visitors tag to be worn and displayed while inside the jail facility

d. Proper search prior to entry must be conducted. While at the jail premises the law students must be provided with security and courtesy similar to that extended to regular members of the Bar.

3. Schedule of Visit

Law students shall be treated as assisting counsel of the detainees and shall be allowed to visit the latter at any time of the day or, in urgent cases, at night pursuant to Section 2 (f) of RA 7438.

D. EFFECTIVITY:

This policy shall take effect immediately.

5. For strict compliance and widest dissemination.

(SGD.) ROSENDO M. DIAL, CESO III
Jail Director
Chief, BJMP

IRR of R.A. No. 9167, Creating the Film Development Council of the Philippines

Republic of the Philippines
Film Development Council of the Philippines
Metro Manila

IMPLEMENTING RULES AND REGULATIONS OF R.A. No. 9167

(AN ACT CREATING THE FILM DEVELOPMENT COUNCIL OF THE PHILIPPINES, DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES)

Pursuant to the authority of the Film Development Council of the Philippines (FDCP) under Section 19 of R.A. 9167, otherwise known as the “Law Creating the Film Development Council,” the following Rules and Regulations are hereby promulgated:

Article 1 – General Provision

Section 1. Statement of Policy and Objectives. – The State guarantees freedom of expression. Towards 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.

Article 2 – Definition of Terms

Section 2. 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 (Republic Act No. 9167)

(b) COUNCIL – The Film Development Council of the Philippines (FDCP) created by Republic Act 9167

(c) BOARD – The Cinema Evaluation Board (CEB), which shall evaluate and grade films submitted to the Council.

(d) FEATURE FILM – The principal motion picture shown on a program with other pictures

(e) 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

(f) 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

(g) AMUSEMENT TAX – Tax collected from the proprietors, lessees, or operators of theaters, cinemas, concert halls, circuses, boxing stadia, and other places of amusement at a rate of not more than thirty percent (30%) of the gross receipts from admission fees.

(h) THEATER OR CINEMA – An establishment devoted exclusively to the exhibition of motion pictures

(i) PRODUCER – A business executive engaged in the production of motion pictures, usually exercising final authority over all activities entailed in the making thereof.

Article 3 – The Film Development Council

Section 3. 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 4. Voting. - The Council shall act as a collegial body. In the conduct of meetings, the Chairperson shall not vote except to break a tie.

Section 5. Specific Powers and Functions.

(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;

(c) To establish, organize, operate and maintain domestic and international film festivals, exhibitions and similar activities.

(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;

(e) To develop and promote programs to enhance the skills and expertise of Filipino talents necessary for quality film production;

(f) To prescribe procedures for the exercise of its powers and functions as well as the performance of its duties and responsibilities;

(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;

(i) To invest funds and other assets in activities designed to promote the development of the film industry and the production of films;

(j) To ensure the establishment of a film archive for the preservation of film negatives and/or prints; and,

(k) To perform such other functions as may be necessary to carry out the provisions of this Act.

Section 6. Composition of the Council.

(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 7. 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 8. 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.

Article 4 – Secretariat

Section 9. 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 10. 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 11. 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 13. 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.

Article 5 – Cinema Evaluation Board (CEB)

Section 14. Composition of the 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 15. 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 16. 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 17. Vice-Chairperson. – The Council, upon recommendation of the Board Chairperson, shall designate a Board Vice- Chairperson from among the members of the Board.

Section 18. 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 19. 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 20. 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 21. 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 22. 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.

Article 6 – Application for Grading of Films

Section 23. Pre-qualification Requirements for Feature Films. - Any feature film subject to grading must comply with the following:

(a) The film must be intended for theatrical and other forms of exhibition in the Philippines that will charge admission fees and are subject to amusement tax;

(b) The film must have a total running time of at least eighty (80) minutes;

(c) The premiere commercial screening of the film must be held in the Philippines;

(d) The film should not have had any previous commercial theatrical release, free television broadcast, cable broadcast or video release in any commercial medium anywhere in the world; provided, that films shown publicly in venues and theaters outside post-production laboratories, and whose premiere nights or advanced screenings like sneak previews / midnight screenings in commercial theaters are charging admission fees, shall not be qualified for application and grading; Provided, further, that notwithstanding any previous release, the following films shall not be disqualified for application and grading: (i) those shown privately in venues and theaters extended for free use; (ii) special technical previews for investors and production people whose work is germane to the films, wherein admission is by invitation; and, (iii) screenings which have academic discussions or open for a.

Section 24. Procedures for Grading.

(a) The applicant producer or his/her duly authorized representative should fill-up an application form available at the Secretariat;

(b) The properly filled-up application form together with the required screening fee determined by the Council should be submitted to the CEB-FDCP at least seven (7) calendar days before its scheduled playdate;

(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 twenty-four (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.

Article 7 – Privileges of Graded Films

Section 25. Privileges. - Films which have obtained an “A” or “B” grading from the Council pursuant to Sections 11 and 12 of this Act shall be entitled to the following privileges:

a. Amusement tax reward. – A grade “A” or “B” film shall entitle its producer to an incentive equivalent to the amusement tax imposed and collected on the graded films by cities and municipalities in Metro Manila and other highly urbanized and independent component cities in the Philippines pursuant to Sections 140 and 151 of Republic Act No. 7160 at the following rates:

1. For grade “A” films – One hundred percent (100%) of the amusement tax collected on such films; and,

2. For grade “B” films – Sixty-five percent (65%) of the amusement tax collected on such films. The remaining thirty-five (35%) shall accrue to the funds of the Council.

Article 8 – Amusement Tax Deductions and Remittances

Section 26. Memorandum of Agreement. – The Council shall execute a Memorandum of Agreement with proprietors, operators and lessees of theaters or cinemas in Metropolitan Manila and highly urbanized and independent component cities in the provinces as well as with movie producers on the system and procedures to follow in the collection, remittance and monitoring of the amusement tax collected on CEB-graded films. The Council will have the option to determine whether a general procedure/process shall be adopted by all proprietors, operators and lessees of theaters or cinemas or an individualized system.

The Memorandum of Agreement shall also include arrangements on information sharing between and among the Council, the proprietors, operators and lessees of theaters or cinemas and the movie producers on matters related to the CEB-graded film.

The mode of remitting the deducted amusement tax to the Council shall be specified in the Memorandum of Agreement. Such mode of payment may be through electronic transfer, fund-to-fund, or check payment.

The amusement tax collection, remittances and monitoring system shall be reviewed annually to improve the system.

Section 27. Obligation to deduct and withhold.

(a) All proprietors, operators and lessees of theaters or cinemas where graded films are exhibited are hereby mandated to deduct and withhold the amusement tax on such graded film, which would otherwise accrue to the cities and municipalities within Metro Manila, and highly urbanized and independent component cities outside Metro Manila pursuant to Section 140 of the Local Government Code during the period the graded film is exhibited.

(b) All proprietors, operators and lessees of theaters or cinemas where graded films will be exhibited shall notify in writing, by fax or e-mail, the concerned city or municipality of the scheduled exhibition of graded films and duration of the same. They shall likewise inform in writing the city or municipality concerned of the fact that the corresponding amount of amusement tax has been withheld and forwarded to the Council.

(c) Proprietors, operators and lessees of theaters or cinemas who fail to notify the city or municipality concerned shall be required to pay the amusement tax in accordance with the local revenue ordinance of the local government unit concerned.

(d) Remittance to Council. – The proprietors, operators or lessees shall remit the amusement tax so deducted and withheld to the Council within thirty (30) days from the termination of the exhibition.

(e) Remittance to Producers. – Within fifteen (15) days from receipt thereof, the Council shall remit the corresponding amusement tax to the producers of the graded film, in accordance with Section 13(a) (1) and Section 13 (a) (2) of R.A. 9167 and Article 7 thereof.

(f) Effects of Failure to Remit - Proprietors, operators and lessees of theaters or cinemas who fail to remit the amusement tax proceeds within the prescribed period shall pay to the Council a surcharge equivalent to five percent (5%) of the amount due for each month of delinquency.

Article 9 – Enforcement Measures

Section 28. Plenary Powers of the Council. - For purposes of implementing the provisions of Article 8 above and Section 14 of the Act, 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 these Implementing Rules and Regulations;

(2) Cause or initiate the criminal or administrative prosecution of violators thereof;

(3) Cause the closure of any theater or cinema that fails or unreasonably refuses to remit the tax collected on a graded film for a period not exceeding fifteen (15) days. After such period, the closure order shall automatically be lifted without prejudice to the right of the Council to cause or initiate criminal or administrative prosecution against the erring theater or cinema owners pursuant to paragraph 2, Section 15 of the Act and the rules implementing the same;

(4) 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;

(5) Deputize any law enforcement agency and instrumentality of the government for assistance in the implementation and enforcement of its functions and orders.

(6) To effectively cause or initiate criminal and/or administrative prosecution as above stipulated, the Council is hereby empowered to issue subpoena duces tecum and enlist the assistance of the Department of Justice or the Office of the Solicitor General, especially inter alia, for the issuance of subpoena ad testificandum and conducting the proper investigation of the violation and the subsequent prosecution therefor.

(7) For purposes of all the forgoing, 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.

Article 10 – Budget and Utilization of Funds

Section 29. Fund Utilization. – The Council shall first deposit the collected amusement taxes and other fees and charges with the Bureau of the Treasury as Special Account in the General Fund (SAGF), which shall be treated as automatically appropriated. Availment of these collections from amusement taxes and other fees and charges shall be in accordance with existing budgeting, accounting and auditing rules and regulations.

Article 11 – Authority to Accept Donations

Section 30. 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 31. 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.

Article 12 – Annual Report

Section 32. 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 these Rules, together with its plans and recommendations to improve and develop its capability to enforce the provisions of these Rules, and a complete accounting of transactions with respect to any funds received under these Rules.

Article 13 – Final Provisions

Section 33. 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 34. Effectivity. – These Rules shall take effect fifteen (15) days after their publication in two (2) newspapers of general circulation, except those, which pertain to self-executing provisions of these Rules.

Approved by the Film Development Council of the Philippines on September 05, 2003.

CERTIFIED BY:

MARIA FINA C. YUSON
Board Secretary
NOTED BY:

LAURICE GUILLEN-FELLEO
Chairperson/Chief Executive Office

 

APPROVED during the Board of Trustees meeting on September 5, 2003 at the FDCP office, 3F, Production Design Center Building, CCP Complex, Roxas Blvd., Pasay City.

BIENVENIDO L. LUMBERA Representative from the Academe	MARILOU DIAZ-ABAYA Representative from the Filmakers Association
TERESITA T. SY-COSON Representative from the legally constituted Theater Owners Association	MARY ANNE E. RAGANIT Representative, Department of Trade and Industry
FE A. HIDALGO Representative, Department of Education	MARIA FINA C. YONZON Representative National Commission for Culture & the Arts
ROBERT C. NACIANCENO Representative, Metro Manila Development Authority	NESTOR O. JARDIN President, Cultural Center of the Philippines
ESPIRIDION D. LAXA Chairperson, Film Academy of the Philippines	GIL-FERNANDO C. CRUZ Representative, League of City Mayor
LAURICE GUILLEN-FELLEO Chairperson

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