GMA Network, Inc. v. Movie and Television Review and Classification Board
REITERATIONFacts
The Antecedents: Petitioner GMA Network, Inc. (GMA) operates UHF television station EMC Channel 27. On January 7, 2000, respondent Movie and Television Review and Classification Board (MTRCB) issued an order suspending GMA from airing any program for seven days for airing "Muro Ami: The Making" without securing a permit from MTRCB, as required by Section 7 of PD 1986. Procedural History: The suspension was based on MTRCB Memorandum Circular 98-17, which provides penalties for airing programs without a permit. GMA moved for reconsideration and informed MTRCB that it had complied with the suspension. MTRCB noted GMA's letter-protest, effectively denying both the motion and protest. GMA then filed a petition for certiorari with the Court of Appeals (CA), which affirmed the MTRCB's suspension order in its June 18, 2001 decision. The Petition: GMA filed a petition for review with the Supreme Court, assailing the CA decision.
Issue(s)
Whether the MTRCB has the power or authority to review the show "Muro Ami: The Making" prior to its broadcast by television. Whether Memorandum Circular No. 98-17 was enforceable and binding on petitioner.
Ruling
The petition is PARTIALLY GRANTED. The Court of Appeals' decision affirming the MTRCB's jurisdiction over "Muro Ami: The Making" is AFFIRMED with the MODIFICATION that the suspension order issued against petitioner GMA Network, Inc. pursuant to Memorandum Circular No. 98-17 is declared null and void.
Ratio Decidendi
On the MTRCB's power of review: Section 3 of PD 1986 empowers the MTRCB to screen, review, and examine all motion pictures and television programs, including publicity materials. Section 7 of its Rules and Regulations explicitly requires a prior permit from the MTRCB before any television program can be exhibited or broadcasted. The only exemptions are those expressly mentioned in Section 7, such as programs by the Philippine Government and newsreels. The subject program, "Muro Ami: The Making," was considered a publicity for the movie "Muro Ami" and did not fall under any of the exemptions. Even if it were considered a public affairs program, as claimed by petitioner, such programs are also within the MTRCB's power of review, as previously ruled by the Supreme Court. Therefore, the MTRCB had jurisdiction over the subject program. On the enforceability of Memorandum Circular No. 98-17: The Administrative Code of 1987 requires all agencies to file three certified copies of every rule adopted with the Office of the National Administrative Register (ONAR) of the UP Law Center. Administrative issuances not published or filed with ONAR are ineffective and unenforceable. Memorandum Circular No. 98-17, which provided the penalties for airing programs without a permit, had not been registered with ONAR as of January 27, 2000. Consequently, it was not yet effective and therefore unenforceable against petitioner. Petitioner was not bound by this circular, and the sanction imposed thereunder was invalid.
Main Doctrine
Administrative issuances, such as Memorandum Circulars, must be filed with the Office of the National Administrative Register (ONAR) of the UP Law Center and published to be effective and enforceable. Failure to comply renders the issuance ineffective and unenforceable against the public.