CHARTER - omb.gov.phomb.gov.ph/sites/default/files/2018 Citizens Charter VLP.pdf · Application Form for Registration ----- 11 How to Apply for a ... 3 Esperanza Coronel Submit Application

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.

http://www.omb.gov.ph/


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


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;


(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


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


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



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.


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.


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.



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)


APPLICATION FORM FOR REGISTRATION


HOW TO APPLY FOR A REPLICATION PERMIT

STEPS OFFICE/PERSON


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


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



3. Pay the required fees by presenting the Assessment Slip and cash and/or check payment to the Cashier

Registry Unit



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





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)


APPLICATION FORM FOR REPLICATION


HOW TO APPLY FOR AN IMPORT/EXPORT PERMIT

STEPS OFFICE/PERSON


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


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&section=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


2 Pay the required fees by presenting the Assessment Slip and cash and/or check payment to the Cashier

Registry Unit


Shieryl Dimacali



http://www.nsw.gov.ph/

http://omb.gov.ph/ombnew/index.php?page=services&section=import

http://omb.gov.ph/ombnew/index.php?page=services&section=import


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


Shieryl Dimacali


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


APPLICATION FORM FOR IMPORT


APPLICATION FORM FOR EXPORT


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


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.


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.


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.


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 [email protected]. (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 [email protected].

mailto:[email protected]



Clients of OMB may send their INQUIRIES,

COMPLAINTS, and COMMENTS thru:

OFFICE OF THE CHAIRMAN Email : [email protected]

Telefax: 374-0217

OFFICE OF THE EXECUTIVE DIRECTOR Email : [email protected]

Tel. No. 413-0483

REGISTRATION AND LICENSING DIVISION Email : [email protected]

Tel. No. 374-1393 or 374-0237

LEGAL DIVISION Email : [email protected]

Tel. No. 374-1390

ENFORCEMENT & INTELLIGENCE DIVISION Email : [email protected]

Tel. No. 373-6829







SATELLITE OFFICES

NORTH LUZON SATELLITE OFFICE One Stop Shop Ground floor, New Building, Baguio City Hall 0917-4668455 Email: [email protected] Licensing Assistant: Hannie Von O. Diego


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: [email protected] Licensing Assistant: Sheila V. Piezas


MINDANAO SATELLITE OFFICE DTI Negosyo Center Door 7, Magsaysay Park Complex, Quezon Blvd., Poblacion, District, Davao City Contact No.: (082) 227-2870 Email: [email protected] Licensing Assistant: John Gerald A. Arangoso Irene C. Martelino



Documents

CHARTER - omb.gov.phomb.gov.ph/sites/default/files/2018 Citizens Charter VLP.pdf · Application Form for Registration ----- 11 How to Apply for a ... 3 Esperanza Coronel Submit Application