GMA Network vs. MTRCBFeb 5, 2007 Corona, J.

FACTS:GMA Network aired “Muro Ami: The Making” without first securing a permit from MTRCB, as provided in Sec 7 of PD 1986. As a consequence, it was given an order of suspension by the Board, pursuant to the provisions of Memorandum Circular 98-17.

Although it complied with the order of suspension, it still filed a letter-protest and a Motion for Reconsideration of the questioned order. Both were denied by MTRCB. Upon appeal to the CA, it affirmed the suspension order in toto.

ISSUE: WON the suspension provided in MC 98-17 is valid and enforceable.

HELD: No.

Sec 3 of PD 1986 empowers the MTRCB to screen, review and examine all motion pictures, television programs and publicity materials. The only exemptions from the MTRCB’s power of review are: 1) TV programs imprinted or exhibited by the Philippine Government and/or department and agencies; and 2) newsreels.

The “Muro-Ami: The Making” could not be considered as either of the two exceptions. Even if it be labeled as a public affairs program, as claimed by GMA7, it would still fall within the coverage of MTRCB.

However, the Court noted that the suspension was not binding on petitioner. The questioned circular was not published in the National Administrative Register, in clear violation of the mandate of Sec 3, Administrative Code of 1987. Accordingly, it requires each agency to file before the Office of the National Administrative Register of the UP Law Center 3 certified copies of every rule adopted by it; otherwise, the issuances will be ineffective and may not be enforced.

As of January 2000, the Circular has not been registered with the ONAR. Hence,the same is unenforceable. GMA7 then was not bound by said circular and should not have been meted the sanction provided in the Circular.