Film Development Council of the Philippines
♦ [Republic Act No. 9167](../ra2002/ra_9167_2002.html)
♦ [Implementing Rules and Regulations of FDCP, 2002](../ra2002/ra_9167irr_2002.html)
♦ [Implementing Rules and Regulations of FDCP, 2020](irr_9167_2020.html)
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:
Section 5
Composition of the Council and the Board of Trustees
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.
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:
Provided, however, that such alignment shall be subject to prior consultation.
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:
Section 15
Composition of the Cinema Evaluation Board.
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:
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:
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.
Section 25. Procedures for 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:
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. DIO 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
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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. DIo Chairperson and CHief Executive Director Film Development Council of the Philippines
For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.