By Mark Vincent A. Durano

Movie and Television Review and Classification Board (MTRCB) reclassified documentary film and Cinemalaya 20 Special Jury Award ‘Alipato at Muog’ from an ‘X’ to an ‘R-16’ rating following its second review yesterday, September 5.

The production applied a permit for the film to be classified fit for public screening last August 15. A week later, reviewers Fernando Prieto, Glenn Patricio, and Jose V Alberto gave the film an X-rating.

In MTRCB’s budget hearing, Chairperson Lala Sotto-Antonio also backed the board’s justification that "the film tends to undermine the faith and confidence of the people in their government and/or duly-constituted authorities" in accordance with Presidential Decree No. 1986 Section 3(c)(iii).

The classification banned the film from public exhibition and television broadcast despite its original self-rated PG rating.

Sotto-Antonio explained they did not restrict the productions’ right to freedom of expression since they gave an exemption permit for the film’s public exhibition during the film festival.

"That is not curtailing freedom of expression nor creation. They have also conducted academic film showings which we did not stop them from. That is not curtailing freedom of expression," she said.

The 96-minute film tackles the story behind the enforced disappearance of film director JL Burgos’ brother, farmer-activist Jonas Burgos. Jonas was abducted by armed men and a woman in a restaurant in Ever Gotesco Mall, Quezon City last April 28, 2007.

He was forced into a Toyota Revo with the license plate TAB 194 and has not surfaced up to this date.

In a Facebook live, the director said that the reviewing board, consisting of four mothers and a lawyer, was “tinamaan sa puso,” prompting the decision.

With an R-16 rating, the documentary will be permitted to be screened in public cinemas.

“An R-16 classification advises parents and supervising adults that the film may contain any of the following: themes, language, violence, nudity, sex, horror, and drugs that may not be suitable for children below sixteen (16) years of age,” MTRCB defined.

In an open letter released a day before the second review, the director clarified that Cinemalaya and MTRCB had an agreement for self-rating the films. He also asserted that state universities and colleges (SUCs) are independent and not scoping of the board.

“Which means the MTRCB CANNOT stop such screenings. So citing these screenings as NOT CURTAILMENT OF FREEDOM OF EXPRESSION is not accurate - the MTRCB did not allow such screenings, they simply don't have jurisdiction in theaters inside SUCs,” the letter read.

Despite the X-rating, the film’s screening at the UPFI Film Center pushed through last August 24 while additional shows were held last August 29 and 30, the latter being the International Day of the Disappeared.

In the same open letter, the movie subject’s brother detailed the deliberation by MTRCB for its first review. 

According to the board, the Jonas Burgos case is still ongoing. However, the case has been finalized since 2017, acquitting army major Harry Baliaga Jr. of arbitrary detention charges.

Burgos also defended that they showed the Supreme Court Ruling, including the Court of Appeals and Regional Trial Court decisions, in the documentary contrary to what the reviewers insisted.

“The reviewer’s claim that there is still an on-going case is hearsay. A photocopy of the rulings will also be provided to your good office. Should your good office still insist on a court-stamped document, we would like to ask for a certification from the Court Of Appeals about the reviewer’s claim,” he added.

He assured that they based their work on all available information, including names which were all presented prior to the court.

The board swayed that a scene of a military official claiming “the military was trained to kill” should have had a disclaimer as “the opinion was his own.”

“With regards to the reviewers’ discomfort that there are no disclaimers especially for the military official expressing his own opinion, it is usually understood that individuals in documentaries are expressing their own opinions. It is also the discretion of the director/filmmaker whether to put a disclaimer or not,” the director responded.

The reviewers also questioned how the team obtained footage such as the senate hearing on appointing military officials, but Burgos backed that they own the video.

Additionally, MTRCB feared General Eduardo Año, the current National Security Adviser, “might get back at them.” They mentioned he should have been given a chance to explain.

“Apart from the director’s discretion, we have included the part where public officials in the senate hearing championed Año which paved the way for his appointment. Also, at the end of the documentary, an epilogue was flashed on black background with white text font stating that he is now the National Security Adviser,” Burgos added.

When asked about specific subversiveness, the reviewers said “napakarami” reasons which JL Burgos upheld that “there is nothing subversive about a family’s search for justice. ‘Alipato at Muog’ is a stand against enforced disappearance and human rights violations. Additionally, there is no subversion law in the Philippines.”

Additionally, the board suggested that the scene at the last part of the movie with chants calling for justice for the disappeared may leave a “leftist” impression.

“In line with being left, may we know the definition of being LEFT? Are we penalizing a political belief here? Because again we will reiterate our stand that the documentary is not subversive at all and it is a basic right in a democratic country for victims of injustices to voice out their grievances,” Burgos countered.

In his speech after the reclassification, the director remained firm on continuing the fight against the ‘X-rating’ in the name of freedom of expression.

“Tagumpay ang pagkilos natin pero hindi pa natatapos ang pag-aalis ng ‘X-rating’ [sa] pagpapahayag ng kalayaan, ng ating kalayaan sa pagpapahayag. Hindi natatapos dito dahil ang mga pelikula[ng] katulad ng ‘Alipato at Muog’ ay hindi naman natatapos sa araw na ito, hindi naman natatapos ‘yun sa paggawa ko ng pelikula dahil marami pang ibang pelikula[ng] magtitiyak na magtatalakay sa kung anong nangyayari sa lipunan,” he said.

Burgos also urged to resist state forces that tend to give “biggest” X-ratings.

“Ang pinakamalaking nagbibigay ng ‘X-rating’ ay hindi lang MTRCB kung hindi ang estado mismo. Ang tunay na kalaban ay wala rito sa Timog [Avenue], nandodo’n sa Malacañang kaya tuloy-tuloy tayo sa paglaban, dapat tayong manindigan,” he stated.

The director also called upon fellow filmmakers to continue creating films in pursuit of human rights and remain vigilant against threats to freedom of expression.

(Layout by Ysh Aureus/FEU Advocate; Photos courtesy of JL Burgos Facebook page)