G.R. No.

148579             February 5, 2007

GMA NETWORK, INC., Petitioner, vs. MTRCB, Respondent.
CORONA, J.
FACTS:
In 2000, MTRCB issued a suspension order against GMA for airing "Muro Ami: The
Making" (which they claim to be a ‘public affairs’ program) without first securing a permit
from it pursuant to Sec. 7 of PD 1986. The suspension was based on Memo Circular
98-17 providing penalties for exhibiting a program without a valid permit from the
MTRCB.
GMA moved for reconsideration and filed a letter-protest, but both were denied. GMA
raised it with the CA but was dismissed and the suspension order was affirmed.
ISSUE:
Whether the MTRCB has jurisdiction to review the TV program.
Whether the penalties under Memo Circular 98-17 may be enforced.
HELD:
Yes. It has jurisdiction to review “Muro Ami: The Making”. It is a public affairs
program and within the MTRCB’s power of review.
Sec. 3 of PD 1986 empowers the MTRCB to screen, review and examine all motion
pictures, television programs including publicity materials. This power of prior review is
highlighted in its Rules and Regulations, particularly Sec. 7 thereof, which reads:
SECTION 7. REQUIREMENT OF PRIOR REVIEW. -- No motion picture, television
program or related publicity material shall be imported, exported, produced, copied,
distributed, sold, leased, exhibited, or broadcasted by television without prior permit
issued by the BOARD after review of the motion picture, television program or publicity
material.

The only exemptions are (1) television programs imprinted or exhibited by the Philippine
Government and/or departments and agencies, and (2) newsreels.
The Court has already ruled that a ‘public affairs’ program is within the MTRCB’s power
of review. GMA claims it to be a public affairs program, thus, it is within the MTRCB’s
power of prior review.
No. Administrative issuances, like a Memo Circular, which are not published or
filed with the ONAR are ineffective and may not be enforced.
The Admin Code of 1987 expressly requires each agency to file with the Office of the
National Administrative Register (ONAR) of the UP Law Center 3 certified copies of
every rule adopted by it.
Here, the Memo Circular has not been registered with the ONAR. Hence, the same is
yet to be effective. It is thus unenforceable, and GMA is not bound by said circular and
should not have been meted the sanction.
Petition is PARTIALLY GRANTED. Suspension order is NULL AND VOID.