Rules on the Deposit of Copies of Films and Other Audio-Visuals to the National Film Archive of the Philippines

MALACANAN PALACE

MANILA

BY THE PRESIDENT OF THE PHILIPPINES

ADMINISTRATIVE ORDER NO. 26'

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 copies of 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 tum 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.