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Whether or not MTRCB has the power and authority to charge fees for the airing

of replays of Programs previously reviewed and assessed review fees.

Yes, MTRCB has such power under Section 3 (a) and (g) of Presidential Decree
No. 1986, to wit:

“Section 3. Powers and Functions. – x x x


a) To promulgate such rules and regulations as are necessary or
proper for the implementation of this Act, and the accomplishment of its
purposes and objectives, including guidelines and standards for
production, advertising and titles. Such rules and regulations shall take
effect after fifteen (15) days following their publication in newspapers of
general circulation in the Philippines;
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g) To levy, assess and collect, and periodically adjust and revise
the rates of, fees and charges for the work of review and examination and
for the issuance of the licenses and permits which the BOARD is
authorized to grant in the exercise of its powers and functions and in the
performance of its duties and responsibilities;”

Under Section 3(a), MTRCB has the power to impose restrictions in use and
length of validity of the permits to exhibit, as it has in its Implementing Rules and
Regulations, Chapter VIII Permits, to wit:

“Section 1. Restriction in the Use of the Permit to Exhibit –


Permit holders shall use such permits only for the purpose or purposes
therein stated. Permit holders shall preserve the integrity of the motion
picture, television program, or related publicity/promotional material in
the same condition it was approved, guarding against illegal insertions of
material either previously disapproved or not submitted for review.

The BOARD shall not hesitate to impose penalties and fines,


cancel permits and licenses, and cause the prosecution of all those found
guilty of exhibiting materials and film prints without an Exhibition
Permit. Tampering with the Exhibition Permit shall likewise be subject to
penalties and fines.

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Section 3. Length of Validity of Permit to Exhibit


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B. FOR TELEVISION PROGRAMS – A television program
reviewed on the basis of a sample of its output for the season is given a
broadcast permit for three (3) months. The permit may be revoked at any
time upon documented proof of violations of the “G”, “PG”, and “SPG”
classifications. Because these television programs shall be regularly
monitored for spot-checking, fees for each airing will remain in place, on
a Pay-Before-Broadcast (PBB) basis.

Fees are exactions for purposes of regulation and inspection and are for that
reason limited in amount to what is necessary to cover the cost of the services rendered
in that connection. Unless the fees are shown to actually be for purposes of revenue
generation, the charging of such by the MTRCB shall be considered to be within its
powers vested upon by law.

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