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Optical Media Board – Citizen’s Charter Page 1 of 28
` S
Republic of the Philippines Office of the President
OPTICAL MEDIA BOARD 35 Scout Limbaga St., Brgy. Laging Handa, Quezon City
Tel. Nos. (02) 410-2488 www.omb.gov.ph
CITIZEN’S CHARTER
July 2018
In compliance with Republic Act 9485 or the Anti-Red Tape Act of 2007
passed in order to improve efficiency in the delivery of government service to the public by reducing bureaucratic red
tape, preventing graft and corruption, and providing penalties thereof.
Optical Media Board – Citizen’s Charter Page 2 of 28
TABLE OF CONTENTS
Foreword ----------------------------------------------------------------------- 3 Republic Act No. 9239 OMB Mission & Vision ------------------------------------- 5 Service Pledge ------------------------------------------------------------- 6 Highlights of Republic Act No. 9239 Coverage ------------------------------------------------------ 7 Regulated Activities ------------------------------------------------------- 8 How to Apply for a License ---------------------------------------------9 Requirements for Registration &
Licensing ----------------------------------------------- 10 Application Form for Registration ------------------------ 11 How to Apply for a Replication Permit --------------------------------- 12 Requirements for Replication Permit ------------------- 13 Application Form for replication Permit ------------------ 14 How to Apply for an Import/Export Permit ----------------------------- 15 Requirements for Import/Export Permit ----------------- 16 Application Form for Import Permit ----------------------- 17 Application Form for Export Permit ---------------------- 18 How to Secure Clearance from Legal Division Sample Clearance from Legal Division ------------------ 19 What You Should Know About the Conduct of Inspection Operations on Your Business Premises --------------------- 20 Administrative Proceedings ------------------------------------------------ 21 Client Feedback Form ------------------------------------------------------- 22 Email Directories -------------------------------------------------------------- 23 Satellite Offices - North Luzon---------------------------------------------- 24 Satellite Offices - Visayas---------------------------------------------------- 25 Satellite Offices - Mindanao ------------------------------------------------ 26 Location Map - Head Office------------------------------------------------- 27 Social Media Handles--------------------------------------------------------- 28
Optical Media Board – Citizen’s Charter Page 3 of 28
FOREWORD
The Optical Media Board, mandated to implement the
Optical Media Act of 2003 (Republic Act No. 9239) has
embarked on a strong campaign to protect and promote
intellectual property rights through the exercise of its
regulatory, enforcement and quasi- judicial functions.
Through the years of delivering quality frontline
services, OMB has established an output oriented
management of its services, hence and pursuant to
Resolution No. 081471 of the Civil Service Commission
on the Implementing Rules and Regulations of Republic
Act No. 9485, otherwise known as “The Anti-Red Tape
Act of 2007”, this Charter was crafted.
The Optical Media Board’s Citizen’s Charter serves as a
tool to equip the agency, a dynamic, stable and more
responsive delivery of public services anchored on
OMB’s principles of integrity, accountability and
transparency. This charter consists of the following
relevant information, ensuring to the public the
performance standards the agency adheres to:
(1) Mission and Vision, that fuels the agency into
a direction towards achieving the agency’s
aspirations;
(2) Step-by-step procedures in the application of
necessary licenses and permits containing the
requirements, timeline, and applicable fees;
(3) Conduct of inspection by the Enforcement and
Investigation Division;
Optical Media Board – Citizen’s Charter Page 4 of 28
(4) Procedures being implemented by the
Legal Division on the issuance of clearances
and filing of administrative cases against
violators of R.A. 9239 ;
(5) Grievance redress mechanism to further
enhance and strengthen the frontline
transaction services, improve efficiency, and
prevent graft and corruption;
(6) Location maps and directories of OMB
Main Office and its satellite offices in North
Luzon, Visayas, and Mindanao.
With much conviction dedicated to its clients
(businesses engaging in the importation, exportation,
mastering and replication, manufacture, and sale of
optical and magnetic media and other storage devices)
and to its stakeholders in the film, music and software
industries, the Optical Media Board constantly
develops its procedures and strategies to keep abreast
with the rapid technical advancements and new
enforcement practices.
As the agency continues to intensify its efforts to deliver
a media piracy-free Philippines, OMB presents this
Citizen’s Charter as our commitment to provide
professional and competent public service.
Chair and Chief Executive Officer
ATTY. ANSELMO B. ADRIANO
Optical Media Board – Citizen’s Charter Page 5 of 28
REPUBLIC ACT NO. 9239
An act regulating optical media, reorganizing for the purpose the Videogram Regulatory Board, providing penalties therefore, and for other purposes.
This Act shall be known as the Optical Media Act of 2003
OMB MISSION
o protect and promote Intellectual Property Rights in Digital Form.
OMB VISION
n Economy that is Free from Optical Media Piracy Where there is a Level Playing Field
for All Legitimate Players.
T
A
Optical Media Board – Citizen’s Charter Page 6 of 28
SERVICE PLEDGE
The Officers and Staff of the
ptical Media Board promises to help in the Development of a booming and robust Industry that is
free from optical media piracy.
onitor compliance with RA 9239 with your able assistance through Hotline (02) 410-24-88 and its
website www.omb.gov.ph
e responsible and answerable to the public by ensuring efficient and accurate service and with courteous
employees to attend to your needs Mondays to Fridays with No Noon Time Break.
O
M
B
Optical Media Board – Citizen’s Charter Page 7 of 28
Highlights of Republic Act No. 9239 or the “Optical Media Act of 2003”
R.A. 9239 regulates the mastering, manufacturing, importation and exportation of optical discs, regardless of content.
Manufacturing equipment and materials are now regulated by law.
Special Economic Zones, Industrial Estates, Export Processing Zones and Free Trade Zones are included within the scope of the law.
R.A. 9239 also regulates CD burners used “for commercial purposes.”
The OMB hears and resolves administrative cases, and imposes fines and penalties.
R.A. 9239 transferred the function of the VRB over the classification of motion pictures for audience suitability to the Movie and Television Review and Classification Board.
Magnetic media continues to be regulated. Grants visitorial power to the OMB with Inspection Order signed by the Chair & Chief Executive Officer.
Coverage
The authority of the OMB shall cover the entire territory of the Republic of the Philippines including the economic zones as defined in this Act and in Republic Act No. 7916.
Optical Media Board – Citizen’s Charter Page 8 of 28
REGULATED ACTIVITIES
Importation, exportation, acquisition, sale or distribution of optical media manufacturing
equipment, parts and accessories
Importation, exportation, acquisition, sale or distribution of manufacturing materials used
or intended for use in the mastering, manufacture or replication of optical media
Possession or operation of manufacturing
equipment, parts and accessories
Possession, acquisition, sale or use of manufacturing materials for the mastering,
manufacturing or replication of optical media
Mastering, manufacture, replication, importation or exportation of optical media
Importation, exportation, acquisition, sale or
distribution of magnetic media such as solid state drives (SDD), hard disc drives (HDD), secure digital card (SD card), flash/thumb
drives, and technical variations thereof.
Optical Media Board – Citizen’s Charter Page 9 of 28
HOW TO APPLY FOR A LICENSE
STEPS OFFICE/PERSON
RESPONSIBLE LOCATION OF OFFICE
DURATION OF ACTIVITY
1
Secure OMB Application Form and list of requirements from the frontline receiving/assessing area (for walk-in applicants) or download them from the URL: www.omb.gov.ph
Licensing Unit
Vener Gonzales
Esperanza Coronel
Ground Floor
5 mins.
2
Secure clearance of No Admin Case from Legal Division (LD)
Legal Division
Rhea Mari D. Valerio Maria Lourdes C.
Meňez
2nd Floor
15 mins.
3
Submit Application with stamped “Cleared” from Legal Division to Licensing Receiving/ Assessing Clerk together with the duly filled-up and notarized application forms with complete requirements for checking and assessing of corresponding licensing fees.
Licensing Unit
Vener Gonzales
Esperanza Coronel
Ground Floor
15-20 mins.
4
Pay the required fees by presenting the Assessment Slip(s) and cash and/or check payment to the Cashier.
Cash Unit
Analyn Arao Geneffin Castillo
Ground Floor
5-10 mins
5
Present the Official Receipt and return the Assessment Slip to the Licensing Receiving/ Assessing Clerk for the Issuance of OMB application form (duplicate) as Applicant’s copy.
Licensing Unit
Vener Gonzales Esperanza Coronel
Ground Floor 5 mins.
6
Claim processed License from the Licensing Releasing Clerk after five (5) working days from the date of application. Present authorization letter with photocopy of valid ID if the person claiming is not the applicant.
Licensing Unit
Vener Gonzales Esperanza Coronel
Ground Floor 5-10 mins.
Optical Media Board – Citizen’s Charter Page 10 of 28
Requirements
1) Application Form
a. OMB Form No.1 ( Application for registration of Optical Media Business) b. OMB Form No.2 (Application for Accreditation)
2) Documentary requirements, as applicable:
a) FOR ALL APPLICANTS
1. Letter of Application addressed to the Chair; 2. Duly filled up and notarized application form; 3. Two (2) pieces latest 2x2 signed photo of the applicant 4. Picture of the establishment’s facade with permanent signboard 5. Comprehensive Location Sketch of Establishment 6. Floor plan of establishment 7. Tax Identification Number (T.I.N.) of business establishment 8. Contract from Source of Rights and/or Suppliers 9. Special Power of Attorney, if needed
b) FOR SINGLE PROPRIETOR
1. Certificate of Business Name from DTI 2. NBI Clearance
c) FOR PARTNERSHIPS AND CORPORATIONS
1. Articles of Incorporation and By-Laws or Articles of Partnership 2. Latest GIS with stamp receipt of SEC 3. Board Resolution with Secretary’s Certificate authorizing the applicant to sign in behalf of the Corporation. 4. List of officers and members of the Board and their Address and contact number/s
d) FOR FOREIGN NATIONALS
1. Alien Certificate of Registration
2. Passport (Photocopy, Present Original)
3. Visa
NOTE: OMB RESERVES THE RIGHT TO ASK FOR ADDITIONAL REQUIREMENTS AS NEEDED (MC 2005-001 dated May 9, 2005)
3) Schedule of fees, as applicable (MC 2006-006)
Optical Media Board – Citizen’s Charter Page 11 of 28
APPLICATION FORM FOR REGISTRATION
Optical Media Board – Citizen’s Charter Page 12 of 28
HOW TO APPLY FOR A REPLICATION PERMIT
STEPS OFFICE/PERSON
RESPONSIBLE LOCATION OF OFFICE
DURATION OF
ACTIVITY
1. Secure OMB Application Form for Replication Permit and list of requirements from the frontline receiving/ assessing area (for walk-in applicants) or download them from the URL: www.omb.gov.ph
Registry Unit
Allysa S. Villafranca Kenneth B.Kabiling/ Shieryl C. Dimacali
Ground Floor 5 mins.
2. Submit the duly filled-up and notarized application form with complete requirements to the Registry Receiving/Assessing Officer for checking and assessing of corresponding fees.
Registry Unit
Allysa S. Villafranca Kenneth B.Kabiling/ Shieryl C. Dimacali
Ground Floor 15-20 mins.
3. Pay the required fees by presenting the Assessment Slip and cash and/or check payment to the Cashier
Registry Unit
Allysa S. Villafranca Kenneth B.Kabiling/ Shieryl C. Dimacali
Ground Floor 5-15 mins.
4 Present the Official Receipt and return the Assessment Slip to the Registry Receiving/ Assessing Officer for the issuance of duplicate as Applicant’s copy.
Cash Unit
Analyn Arao
Geneffin Castillo
Ground Floor 5-10 mins
5. Claim processed permits from the Registry Releasing Officer after five (5) working days or shorter provided that the requirements are complied with. Present authorization letter with photocopy of valid ID if the person claiming is not the applicant.
Registry Unit
Allysa S. Villafranca Kenneth B.Kabiling/ Shieryl C. Dimacali
Ground Floor 5 mins.
Optical Media Board – Citizen’s Charter Page 13 of 28
Requirements
1) Application Form
a. OMB Form No.8 ( Application for Replication Permit) b. Affidavit of Undertaking (downloadable)
2) Requirement for Replication Permit
a. Registration/License as Local Licensee
b. Duly accomplished application form for Replication Permit per film/album
title
c. Affidavit of Undertaking
d. Certified Copy of Contract and/or Certificate of Ownership from the Source of
Rights
e. Certified Copy of MTRCB Classification Certificate (not valid for audio
CD/DVD)
f. Certificate of Compliance from PARI( Phil Association of the Rec. ind Inc.)
(Optional)
g. Sample Disc (before replication) and Finished Product (after replication)
3) Fees
Replication Fee: 200.00
Recordation Fee: 100.00
LD Clearance Fee 50.00
Verification Fee: 500.00/contract (if applicant is not the copyright owner)
Optical Media Board – Citizen’s Charter Page 14 of 28
APPLICATION FORM FOR REPLICATION
Optical Media Board – Citizen’s Charter Page 15 of 28
HOW TO APPLY FOR AN IMPORT/EXPORT PERMIT
STEPS OFFICE/PERSON
RESPONSIBLE LOCATION OF OFFICE
DURATION OF
ACTIVITY
1
Secure and fill up Application Forms for Import and/or Export Permit and list of requirements from the frontline receiving/ assessing area (for walk-in applicants) or download them from the URL: www.omb.gov.ph
Registry Unit
Allysa S. Villafranca Kenneth Kabiling/
Shieryl Dimacali
Ground Floor 5 mins.
FOR REGULAR CLIENTS: a. Fill-up application form online through
the Philippine National Single Window URL: www.nsw.gov.ph b. Print form with the corresponding bar code number. c. Have it notarized and submit forms with complete requirements to the Registry Receiving /Assessing Officer for checking and assessment of fees.
FOR NEW AND ONE-TIME CLIENTS: a. Secure OMB Application Form for Import and/or Export Permit and list of requirements from the front line receiving/assessing area. Forms may also be downloaded from http://omb.gov.ph/ombnew/index.php?page=services§ion=import b. Submit the duly filled-up and notarized
application form with complete requirements to the Registry
Receiving/Assessing Officer for checking and assessing of
fees.
Registry Unit Allysa S. Villafranca Kenneth Kabiling/
Shieryl Dimacali
Ground Floor 15-20 mins.
2 Pay the required fees by presenting the Assessment Slip and cash and/or check payment to the Cashier
Registry Unit
Allysa S. Villafranca Kenneth Kabiling/
Shieryl Dimacali
Ground Floor 5-10 mins.
Optical Media Board – Citizen’s Charter Page 16 of 28
3
Present the Official Receipt and return the Assessment Slip to the Registry Receiving/ Assessing Officer for the issuance of duplicate as Applicant’s copy.
Cash Unit
Analyn Arao Geneffin Castillo
Ground Floor 5-10 mins
4
Claim processed permits from the Registry Releasing Officer after three (3) working days or shorter provided that the requirements are complied with. Present authorization letter with photocopy of valid ID if the person claiming is not the applicant.
Registry Unit
Allysa S. Villafranca Kenneth Kabiling/
Shieryl Dimacali
Ground Floor 5 mins.
Requirements
1. Application Form
OMB Form No.10 (Import/Export Permit)
2. Requirement for Replication Permit
Registration/License as Importer and/or Exporter
Duly accomplished application form for Import/Export Clearance
Affidavit of Undertaking
Certified Copy of Contract and/or Certificate of Ownership from the Source of
Rights
Air Way Bill or Bill of Lading
Certified Copy of Commercial Invoice (Import) /Proforma Invoice (Export)
Packing List
Import/Export Permit Fee: P500.00/Way Bill or Bill of Lading
Clearance Fee: P50.00
Optical Media Board – Citizen’s Charter Page 17 of 28
APPLICATION FORM FOR IMPORT
Optical Media Board – Citizen’s Charter Page 18 of 28
APPLICATION FORM FOR EXPORT
Optical Media Board – Citizen’s Charter Page 19 of 28
HOW TO SECURE CLEARANCE FROM LEGAL DIVISION
Fee: ₱50.00 per LD Clearance
1. For one company per day for all importation 2. For one company per day for all exportation 3. For one company per day for all replication 4. Per Certification requested 5. Per License
Sample Clearance
STEPS OFFICE/PERSON
RESPONSIBLE LOCATION OF OFFICE
DURATION
OF ACTIVITY
1. Secure Clearance from the Legal Division (LD) Representative.
Legal Division Rhea Mari DR Valerio
Maria Lourdes C. Meñez
2nd
Floor
5 mins.
2. Pay the required fees by presenting the Assessment Slip(s) and cash and/or check payment to the Cashier.
Cash Unit
Analyn Arao
Geneffin Castillo
Ground Floor
5 mins
3. Return the Assessment Slip to the Legal Division and claim the Clearance.
Legal Division
Rhea Marie DR Valerio Maria Lourdes C. Meñez
2nd Floor
5 mins.
4. Submit LD clearance to the Registration and Licensing Representative together with the Official Receipt.
Registration & Licensing Division
Vener Gonzales/Esperanza
Coronel
Kenneth Kabiling/Shieryl
Dimacali
Ground
Floor
5 mins.
Optical Media Board – Citizen’s Charter Page 20 of 28
WHAT YOU SHOULD KNOW ABOUT THE CONDUCT OF INSPECTION OPERATIONS
ON YOUR BUSINESS PREMISES
1. OMB operatives announce their presence,
authority and purpose, and serve Inspection
Order (I.O.) duly signed by the Chair and Chief
Executive Officer of the OMB, or his duly
authorized representative.
2. OMB operatives submit accomplished Inspection
Order and have the same received and duly
signed by the stall holder/owner or leave a
tendered copy of the I.O. by posting it in a
conspicuous place inside the stall if in case the
owner abandoned the stall or refused to be
inspected.
3. If in case the inspection is refused, OMB
operatives may employ reasonable force and
may arrest the person who evades, obstruct or
refuses such inspection.
4. OMB operatives take into preventive custody all
optical/magnetic media products, video and
audio equipment, receipts, ledgers and the like
which violate R.A. 9239 after which, the OMB
officer writes down the inventory of confiscated
items in the Inspection Order.
Optical Media Board – Citizen’s Charter Page 21 of 28
ADMINISTRATIVE PROCEEDINGS
1. Respondents (Clients who are subject of Inspection Operations) will receive either a Subpoena or Notice of Conference as the case may be from the OMB Legal Division through registered mail.
2. Respondents are required to appear personally
before the OMB Legal Officer or may send an authorized representative on the date indicated on the Notice or on the Subpoena, provided that the authorized representative presents his or her Special Power of Attorney or Corporate Secretary Certificate.
3. Upon proper deliberation, a written Resolution
duly signed by the Chair and CEO or his authorized representative shall be furnished to the respondent through registered mail.
4. Where the case is not dismissed, respondent
shall pay directly to the Cashier the corresponding amount of penalty imposed.
Optical Media Board – Citizen’s Charter Page 22 of 28
Client Feedback Form Date (Petsa): ________________________
Name (Pangalan): ____________________________________________________ Address (Tirahan): __________________________________________________ Phone (Telepono)__________________________Email:___________________________ Division/Unit (Dibisyon/Yunit): ______________________________ Compliment/Comment/Complaint (Papuri/ Komento/Reklamo):__________________________________ ___________________________________________________________________________ When did it happen? (Kailan po nangyari?): _____________ What would you like us to do: (Ano po ang nais ninyong gawin namin?): _______________________________________________________ Would you like a written reply? (Nais ninyo po ba ng sagot na nakasulat?): Yes (Oo) _____ No (Hindi) _____
OVER-ALL CUSTOMER SATISFACTION (Kabuuang Kasiyahan Ng Kliyente)
___________________ Satisfied (Nasisiyahan)
___________________ Dissatisfied (Hindi
Nasisiyahan)
Signature (Lagda): ______________________________________________ Thank you for helping us continuously improve our services! You may drop this form in the Client Feedback Drop Box located at the Registration and Licensing Division or send it through email at info@omb.gov.ph. (Salamat po sa inyong tulong upang lalo pa naming mapagbuti ang aming serbisyo! Maari ninyo pong ihulog ang form na ito sa “Client Feedback Drop Box”na nakalagay sa Dibisyon ng Pagpaparehistro at Paglilisensya o ipadala sa email na info@omb.gov.ph.
Optical Media Board – Citizen’s Charter Page 23 of 28
Clients of OMB may send their INQUIRIES,
COMPLAINTS, and COMMENTS thru:
OFFICE OF THE CHAIRMAN Email : chair.adriano@omb.gov.ph
Telefax: 374-0217
OFFICE OF THE EXECUTIVE DIRECTOR Email : edvlp@omb.gov.ph
Tel. No. 413-0483
REGISTRATION AND LICENSING DIVISION Email : rld@omb.gov.ph
Tel. No. 374-1393 or 374-0237
LEGAL DIVISION Email : legal@omb.gov.ph
Tel. No. 374-1390
ENFORCEMENT & INTELLIGENCE DIVISION Email : eid@omb.gov.ph
Tel. No. 373-6829
Optical Media Board – Citizen’s Charter Page 24 of 28
SATELLITE OFFICES
NORTH LUZON SATELLITE OFFICE One Stop Shop Ground floor, New Building, Baguio City Hall 0917-4668455 Email: omb_luzon@omb.gov.ph Licensing Assistant: Hannie Von O. Diego
Optical Media Board – Citizen’s Charter Page 25 of 28
VISAYAS SATELLITE OFFICE DTI Negosyo Center Causing-Lozada Street Cor. Osmeña Blvd. & Lapu-Lapu St., Cebu City, Cebu Contact No.: (032) 255-7082 loc. 302 Email: omb_visayas@omb.gov.ph Licensing Assistant: Sheila V. Piezas
Optical Media Board – Citizen’s Charter Page 26 of 28
MINDANAO SATELLITE OFFICE DTI Negosyo Center Door 7, Magsaysay Park Complex, Quezon Blvd., Poblacion, District, Davao City Contact No.: (082) 227-2870 Email: omb_mindanao@omb.gov.ph Licensing Assistant: John Gerald A. Arangoso Irene C. Martelino
Optical Media Board – Citizen’s Charter Page 27 of 28
Optical Media Board – Citizen’s Charter Page 28 of 28
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