RULES OF PROCEDURE

Pursuant to Section 3(a) and 3(j) of Presidential Decree No. 1986
and Sections 39 and 40 of the 1998 Implementing Rules and Regulations,
the following Rules governing the conduct of hearings for violations of
said Decree and Implementing Rules and Regulations before the Movie and
Television Review and Classification Board, hereinafter called the
Board, are hereby adopted and promulgated.

RULE I
Title

SECTION 1.       Title — These rules shall be known as the Rules of Procedure of the Board.

RULE II
Coverage

SECTION 1.       Coverage — These rules shall govern
hearings on any administrative complaint filed with the Board for
violation of P.D. No. 1986 and its implementing Rules and Regulations.

RULE III
Construction and Implementation

SECTION 1.       Construction — These rules shall be
liberally construed in order to effectively attain the objectives and
purposes of P.D. No. 1986 and its Implementing Rules and Regulations.

SECTION 2.       Implementation — In implementing these
rules, the Board shall observe proper flexibility and avoid undue
technicality with the end in view of bringing forth the truth and meting
out justice as fairly and expeditiously as possible.

RULE IV
Definition of Terms

SECTION 1.       Terms defined — For purposes of these rules, the following terms shall mean:

1.         Board — The Movie and Television Review and
Classification Board, or the Chairman of the Board, or the Hearing and
Adjudication Committee, acting for and in behalf of the Board.

2.         Chairman — The Chairman of the Board, or in
the Chairman’s absence or incapacity, the Vice Chairman, or in the
Vice-Chairman’s absence or incapacity, any Member of the Board
designated to act for an in behalf of the Chairman.

3.         Committee — The Hearing and Adjudication Committee as designated by the Chairman.

4.         Complaint — A concise statement of the
facts constituting the proponent’s cause or causes of action, specifying
the party or parties charged and the violations allegedly committed,
and stating the name and residence of the complainant.

5.         Answer — The pleading in which the defendant
or other adverse party or parties sets forth the affirmative and
negative defenses upon which he relies.

6.         Submission — The filing of pleadings,
appearances, motions, notices, orders, or other papers with the Board as
required, when such filing has been duly received by the Board’s Legal
Officer and the corresponding fees, if any, duly paid to and
acknowledged by the Board.

RULE V
Parties

SECTION 1.       Parties — Any person, natural or
juridical, who has cause to complain about any violation of P.D. No.
1986 or its Implementing Rules and Regulations, may file a complaint
with the Board against the person or establishment charged with such
violation. The former shall be called the complainant, and the latter,
the respondent.

SECTION 2.       Appearances — In all proceedings of the
Board, it is preferred that the parties be represented by respective
counsel; provided, however, that a party may appear before the Board
without the assistance of counsel if he so desires; and provided,
further, that any confession or admission of guilt of a party made
without the presence and assistance of counsel may not be used against
such party in a criminal action, unless he has expressly waived, under
oath, his right to counsel.

RULE VI
Commencement of Proceedings

SECTION 1.       When proceedings deemed commenced — Proceedings before the Board are deemed commenced upon the filing of complaint.

SECTION 2.       Pleadings — The complaint shall be in
writing, verified, and signed by the complainant, and may be accompanied
by supporting affidavit/s. No other pleading from the complainant
subsequent thereto shall be accepted by the Board without proof of
answer from the respondent, also in writing, and may also be accompanied
by supporting affidavits, with a copy furnished to the complainant.

SECTION 3.       Pleadings allowed — The Board shall only
entertain a complaint and an answer and such other pleadings as the
Board may required. Motion to dismiss, motion for bill of particulars or
to make certain, motion for new trial or for reopening of trial,
petition for relied from judgment, and dilatory motions for postponement
shall not be allowed.

RULE VII
Summary Procedure

SECTION 1.       Dismissal — The Board shall, motu propio, or at its own instance, dismiss the complaint if the same is patently without merit.

SECTION 2.       Summons — If the complaint is prima
facie meritorious, the Board shall cause the issuance of summons,
accompanied by a copy of the complainant’s affidavit and supporting
affidavit/s, to the respondent, directing the latter to submit
counter-affidavit, and supporting affidavit/s, if any, within seven (7)
days from receipt of such summons and to affirm the same before the
Board. No counter-affidavit shall be accepted for filing with the Board
without proof of service thereof to the complainant or his counsel.

SECTION 3.       Initial Hearing — Any administrative
complaint for violation of Presidential Decree No. 1986 or its
Implementing Rules and Regulations shall initially be heard by the
Chairman. Should the Chairman find upon consideration of the affidavits
and other evidences submitted by the parties that a decision may be
rendered thereon without need of a formal hearing, the Chairman shall
proceed to render a decision.

SECTION 4.       Hearing and Adjudication Committee — In
case the respondent or alleged offender does not admit guilt, the
Chairman shall refer the case to a Hearing and Adjudication Committee.
Should the Hearing and Adjudication Committee find upon consideration of
the affidavits and other evidences submitted by the parties that a
decision may be rendered thereon without need of a formal hearing, the
Committee may proceed to render a decision. In cases where the Committee
deems it necessary to clarify specific factual matters before a
decision may be rendered, the case shall be set for hearing in
accordance with Rule VIII.

SECTION 5.       Failure to submit counter-affidavit — If
the respondent fails to file his counter-affidavit and to appear as
required, without valid reason, the Board upon motion of the complainant
or motu propio shall consider the case submitted for resolution and/or
decision.

SECTION 6.       Conciliation or compromise agreement —
At the initial hearing of the case, or even thereafter, the parties may
enter into reconciliation or compromise settlement of violations
administrative in character, subject to the approval of the Board.

SECTION 7.       Failure to appear and affirm affidavit —
Should the person who executed the affidavit fail to appear and affirm
his affidavit when required by the Board, his affidavit shall not be
considered as competent evidence.

RULE VIII
Hearings

SECTION 1.       Who may conduct hearings — Hearings of
the Board may be conducted by the Chairman, or, if the respondent or
alleged offender does not admit guilt, by a Hearing and Adjudication
Committee composed of at least three (3) Board Members designated by the
Chairman, at least one of whom shall be a member of the Philippine Bar.
Any hearing conducted by the Chairman or the Committee shall be deemed
as a hearing before the Board.

SECTION 2.       Place of Hearings — Hearings shall be
held at the main office of the Board, but hearings may also be held at
such other place as the Board may designate in the exercise of sound
discretion.

SECTION 3.       Witness may be submitted to cross-examination
— The affidavits and counter-affidavits shall constitute the direct
testimonies of the parties and witnesses who executed the same. The
affiants/witnesses who testify may be asked clarificatory questions by
the proponent and by the Board. Every party shall have the right to
cross-examine witnesses presented against him and to submit rebuttal
evidence.

SECTION 4.       Rules of Procedure not strictly applicable
— The Rules of Court and/or the Administrative Code shall not be
strictly applied in hearings before or by authority of the Board;
provided, however, that the Board may refer to such technical rules of
procedure for guidance whenever necessary for the orderly and
expeditious administration of justice.

SECTION 5.       Rules of Evidence — Other than the
affidavits submitted by the parties, the Board may admit and give
probative value to evidence commonly accepted by reasonably prudent men
in the conduct of their affairs.

Documentary evidence may be received in the form or copies or
excerpts, if the original is not readily available. Upon request, the
parties may be given opportunity to compare the copy with original. If
the original is in the official custody of a public officer, a certified
copy thereof may be accepted.

The Board may take notice of judicially cognizable facts of
generally cognizable technical or scientific facts within its
specialized knowledge. The parties shall be notified and afforded an
opportunity to contest the facts so noticed.

SECTION 6.       Subpoena — The Board may require the
attendance of witnesses or the production of books, papers, documents
and other pertinent data, upon request of any party before or during the
hearing upon showing of general relevance.

SECTION 7.       Preventive seizure, suspension, or closure
— In the interest of the public and on finding of probable cause, the
Chairman may order, pending hearing and final disposition of the case,
the preventive seizure of offending motion pictures and related
publicity materials, and/or suspension of the permit or permits
involved, and/or closure of the erring moviehouse, television network,
cable TV station or establishment. The Chairman may also order the
temporary dismantling or tearing down of public signs and billboards
that are in violation of Presidential Decree No. 1986 and its
Implementing Rules and Regulations. Temporary orders thus issued shall
not exceed more than twenty (20) days from the date of issuance.

RULE IX
Decision

SECTION 1.       Decision — The decision of the Chairman,
or of the Hearing and Adjudication Committee, shall be deemed as
rendered by the Board. The decision shall be in writing and shall
clearly and distinctly the facts of the case and basis for the decision.
Each case shall be decided within thirty (30) days following the last
submission required by the Board. The parties shall be notified of the
decision personally or by registered mail addressed to their counsel of
record, if any, or to their last known address.

SECTION 2.       Dissent — Any member of the Hearing and
Adjudication Committee may submit a dissenting opinion stating the
reasons thereof, which shall be attached to the majority decision.

SECTION 3.       Motion for reconsideration — The party
adversely affected may file one motion for reconsideration of the
decision within fifteen (15) days after receipt of the decision on the
ground that the evidence is not sufficient to justify the decision,
and/or that the decision contrary to the evidence or the law. The filing
of a motion for reconsideration shall not stay the immediate execution
of the decision but shall only suspend the running of the period for
appeal. The remainder of such period shall begin to run from the date of
receipt by the movant of the denial of the motion for reconsideration.
Only one motion for reconsideration shall be allowed for any party.

RULE X
Appeal

SECTION 1.       Period of appeal — A party adversely
affected by the decision of the Board may appeal to the Office of the
President within fifteen (15) days from official receipt of said
decision, deducting the time during which a motion for reconsideration,
if any, is pending.

SECTION 2.       How taken — The appeal shall be in
writing, filed directly with the Office of the President, and shall
specifically set forth assignment of error/s with reasons, authorities,
and precedents relied upon for reversal or modification of the appealed
decision. Copies thereof shall be served upon the prevailing party and
the Board.

SECTION 3.       Effect of the Appeal — The appeal shall
not stay the decision appealed from unless otherwise provided by law or
these rules, or directed by the Office of the President.

RULE XI
Execution

SECTION 1.       Execution upon decision — Execution
shall issue after the decision of the Board has been served to the last
known address of the losing party; provided, however, that execution
pending appeal may be stayed upon filing of bond by the losing party in
such reasonable amount as may be fixed by the Board and upon issuance of
a status quo order by the Office of the President.

RULE XII
Fees

SECTION 1.       Docketing and other fees — The Board
shall not required any docketing fee for the filing of a complaint.
However, the Board may reasonably require payment of fees for expenses
related to the conduct of hearings of the case, such as but not limited
to the following: photocopying expenses, recording and transcription of
minutes, and the like.

RULE XIII
Other Provisions

SECTION 1.       Supplementary Rules — The Board may from time to time issue such supplementary rules as it may deem fit and necessary.

SECTION 2.       Amendment and Repeal — These Rules may
also be amended or repealed by the Board during a regular meeting, or a
special meeting called for the purpose.

SECTION 3.       Effectivity — These Rules, or any
subsequent amendment or repeal thereof, shall take effect after
submission of a copy thereof in the U.P. Law Center and fifteen (15)
days after publication in a newspaper of general circulation.

Adopted: 11 May 1999

(SGD.) ARMIDA P. E. SIGUION-REYNA
Chairman

Attested:

(SGD.) DENNIS N. MARASIGAN
Executive Director