PRESCRIBING THE RULES ON THE DEPOSIT OF COPIES OF FILMS AND OTHER AUDIO-VISUALS TO THE NATIONAL FILM ARCHIVE OF THE PHILIPPINES PRESCRIBING THE RULES ON THE DEPOSIT OF COPIES OF…

WHEREAS, Section 16, Article XIV of the 1987 Constitution provides that “all
the country’s artistic and historic wealth constitutes the cultural treasure of
the nation and shall be under the protection of the State which may regulate its
disposition;”

WHEREAS, the Film and Development Council of the Philippines (FDCP) was
created by virtue of Republic Act (RA) No. 9167, under the Office of the
President;

WHEREAS, it is the policy of the State “to promote and support the
development and growth of the local film industry as a medium for the uplifting
of aesthetics, cultural and social values or the better understanding and
appreciation of the Filipino identity;”

WHEREAS, among the powers and functions of the FDCP under Section 3(10) of RA
No. 9167 is 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;

WHEREAS, pursuant to this mandate, the FDCP established the National Film
Archive of the Philippines (NFAP), to take charge of the preservation,
restoration, maintenance and safekeeping of all Filipino films and other
audio-visuals produced in the Philippines or abroad;

WHEREAS, it has come to the attention of the Office of the President that
various government agencies and legal entities are also maintaining their own
respective film archives; and

WHEREAS, to conserve the limited resources of the government, reduce
duplication and enhance efficiency, there is a need to transfer all film archive
functions of various government agencies and legal entities to the NFAP.

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. Requirement for Government Entities. All departments, agencies and
offices of the Executive Branch of the government, including government-owned or
–controlled corporations, are hereby directed to turn over to the NFAP their
existing original or copiesof films and other audio-visual negatives, prints, or
digital files, including, but not limited to, moving films, documentaries and
animation, for the NFAP’s care, preservation or reconstruction.

The FDCP is hereby authorized to request the Legislative and Judicial
Branches of the government, including all other agencies and offices attached to
them, to turn over and deposit with the NFAP their existing original or copies
of films and other audio-visual negatives, or digital files, including but not
limited to moving films, documentaries and animation, for the NFAP’s care,
preservation and reconstruction.

SECTION 2. Requirement for Private Parties. The FDCP, if it deems necessary
for a complete inventory of Philippine films and other audio-visuals, may also
request from film producers, film makers, directors or legal owners or possessor
of newly produced films and other audio-visuals, including but not limited to
documentaries and animation, to deposit a copy or duplicate copy thereof within
one (1) month after said film or audio-visual is exhibited or shown anywhere in
the Philippines or abroad. Such deposit is only for the purpose of NFAP’s care,
preservation or reconstruction and does not in any manner affect the full and
unconditional ownership and legal possession of said film or audio-visual by the
owner or legal possessor thereof.

SECTION 3. Recording. The NFAP is hereby mandated to keep a record of all
materials received under Sections 1 and 2 of this Administrative Order (AO),
which shall be published at the end of each year of every calendar year.

SECTION 4. 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 5. Repealing Clause. All administrative orders, other issuances,
rules and regulations or part thereof that are in conflict with this AO are
hereby modified accordingly.

SECTION 6. Effectivity. This AO shall take effect immediately.

DONE, in the City of Manila this 17 th day of April, in the year of our Lord,
Two Thousand and Twelve.

(SGD.) BENIGNO S. AQUINO III
President of the Philippines

By the President:

(SGD.) PAQUITO N. OCHOA, JR.
Executive Secretary