GMA Network, Inc. vs. Movie & Television Review and Classification Board GR no. 148579 | February 5, 2007
Doctrine: Administrative issuances which are not published or filed with the Office of the National Administrative Register (ONAR) of the UP law Center are ineffective and may not be enforced (Sec.3, 1987 Administrative Code) “
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Facts: Respondent MTRCB issued an order of suspension, and impost penalty based on Memorandum Circular 98-17, against the petitioner (GMA Network, Inc.) for airing Muro Ami: The Making without first securing a permit from it as provided in section 7 of PD 1986. Petitioner move for the reconsideration of the suspension and informed the respondent that it had complied with the suspension order by going off the air. Respondent deny the motion, likewise, the CA also dismissed the complaint upon petitioner s appeal to them. “
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Issue: a. Whether or not the MTRCB has the authority to review the show Muro Ami: The Making prior to its broadcast by television; b. Whether or not Memorandum Circular No. 98-17 was enforceable and binding on the petitioners. “
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Ruling: a. YES, Sec. 3 of PD 1986 empowers the MTRCB to screen, review, and examine all motion pictures, television programs, including publicity materials. The only exceptions from it are (1) television programs imprinted or exhibited by the Philippine Government and/or other departments, and (2) newsreels. Muro Ami: The Making was a publicity for the movie Muro Ami , therefore it did not fall under any of the exemptions and was therefore within the power of review of the MTRCB. “
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b. NO, Memorandum Circular no. 98-17 has not been registered with the ONAR, as of January 27, 2000. Hence, the sameis yet to be effective, it is just unenforceable since it has not been filed in the ONAR. The 1987 Administrative Code, section 3, expressly requires each agency to file with the Office of the National Administrative Remedies (ONAR) of the UP Law Center three certified copies of every rule adopted by it. Administrative issuances which are not published or filed with the ONAR are ineffective and may not be enforced.
