WHEREAS, the 1987 Constitution provides that the State shall promote the sustained development of entrepreneurs and craftsmen,[1] foster a climate of free artistic and intellectual expression,[2] and support research and studies on the arts and culture;[3]
WHEREAS, in furtherance of this Constitutional mandate, Congress enacted Republic Act (R.A.) No. 11904 or the “Philippine Creative Industries Development Act” (PCIDA) to promote and support the development of Philippine creative industries by protecting and strengthening their and their stakeholders’ rights and capacities;[4]
WHEREAS, the Philippine Development Plan (PDP) 2023-2028 provides for the development of national programs and initiatives to spearhead active promotions and building capabilities of creative industries, develop centers of creative excellence, showcase the country's assets in creative tourism, and protect creative workers, among others;
WHEREAS, under Section 4 of R.A. No. 11904, the Philippine Creative Industries Development Council (the “Council”) was created to “spearhead the development and promotion of the creative industries of the Philippines”;
WHEREAS, Section 4 further provides that the Council “shall be composed of nineteen (19) members, ten (10) of which are ex officio members representing government agencies and nine (9) of which are regular members from the private sector representing the following creative industry domains: (a) Audiovisual Media Domain; (b) Digital Interactive Domain; (c) Creative Services Domain; (d) Design Domain; (e) Publishing and Printed Media Domain; (f) Performing Arts Domain; (g) Visual Arts Domain; (h) Traditional Cultural Expressions Domain; and (i) Cultural Sites Domain;
WHEREAS, Section 4 also provides that every regular member shall be appointed by the President of the Philippines from a list submitted by the DTI Secretary who, upon consultation with the other ex officio members of the Council and with the stakeholders engaged in each respective creative industry domain, shall nominate at least three (3) nominees for every regular member seat;
WHEREAS, each nominee shall come from the private sector and must have at least ten (10) years of experience in the development of the creative industry domain to which the nominee belongs to, and that each of the nominees shall have been endorsed by a business support organization or creative workers association relative to the creative industry domain sought to be represented;
WHEREAS, the proposed Process for the Endorsement and Nomination of Private Sector Representatives to the Council for the Nine (9) Creative Domains was presented and discussed during the Council's first ex officio meeting held on 26 April 2023;
NOW, THEREFORE, pursuant to the pertinent provisions of R.A. No. 11904 and its Implementing Rules and Regulations (IRR); in furtherance of the mandate of the Council, as well as the effective formulation and implementation of a Philippine Creative Industries Development Plan; and to formulate an effective and efficient nomination and selection process of the nine (9) regular members of the Council, the Council hereby adopts and promulgates the following guidelines, for the information and strict implementation by all concerned:
[1] CONST., Art. XII, Sec. 14
[2] CONST., Art. XIV, Sec. 14
[3] CONST., Art. XIV, Sec. 18 (2)
[4] Rep. Act No. 11904, Sec. 2
Section 1. Title. These guidelines shall be known as the “Guidelines on the Endorsement and Nomination of the Regular Members of the Philippine Creative Industries Development Council” (“Guidelines”).
Section 2. Purpose. These Guidelines prescribe the process of endorsing and nominating to the President of the Republic of the Philippines the nine (9) regular members of the Council. The regular members shall come from the private sector, with one (1) representative from each of the following creative industry domains: Audiovisual Media Domain, Digital Interactive Domain, Creative Services Domain, Design Domain, Publishing and Printed Media Domain, Performing Arts Domain, Visual Arts Domain, Traditional Cultural Expressions Domain, and Cultural Sites Domain.
Section 3. Policy. It shall be the policy of the Council to adopt guidelines and procedures of endorsement and nomination that ensure transparency, accountability, integrity, and effective representation in the decision-making process of developing the country’s creative industries. In case of any doubt in the implementation of these Guidelines, the following guiding principles shall prevail:
3.1. Good Governance. These Guidelines promote transparency, accountability, and integrity among the regular members of the Council in the performance of their official duties and responsibilities
3.2. Broader Participation. These Guidelines aim to achieve effective representation in the Council and ensure broader participation among stakeholders in the creative industries by eliminating gender bias and by promoting cultural sensitivity, inclusivity, respect, and fairness. They seek to foster genuine and dynamic engagement in the Council's duties, responsibilities, and the implementation of the Philippine Creative Industries Development Plan.
3.3. Competency and Capacity. These Guidelines ensure that the regular members of the Council possess the necessary competencies and capacities to fulfill the duties and responsibilities mandated by law.
Section 4. Definition of Terms.
4.1. Creative Industries refer to trades involving persons, whether natural or juridical, that produce cultural, artistic, and innovative goods and services originating in human creativity, skill, and talent and having the potential to create wealth and livelihood through the generation and utilization of intellectual property.
4.2. Domains refer to the nine (9) classifications of specific sectors and fields within the creative industries as prescribed by R.A. No. 11904, namely:
4.2.1. Audiovisual Media Domain refers to recorded and live audio and audiovisual content that is distributed via broadcast media such as television, radio, cable, satellite broadcasts, digital streaming platforms, or exhibited in cinema theaters, including films, television content, animated film productions, vlogs, and other content that utilize motion graphics, two dimensional, and three-dimensional design technology and animatronics, recorded music, music scores, compositions ready for recording, and other musical compositions, with or without music or words, podcasts, and entertaining audio or audiovisual material or content developed for educational purposes or edutainment content.
4.2.2. Digital Interactive Media Domain refers to digital software programs, mobile applications, and games created for and operated on interactive digital devices where user input is essential to the experience, including software and mobile apps, video games, computer games, mobile games, virtual augmented or mixed reality games, and digitalized creative content.
4.2.3. Creative Services Domain refers to demand-driven commercial creative service work done on behalf of commissioning clients for complete creative output or partial outsourcing work, including advertising and marketing, creative research and development, cultural and recreational services, and live creative experiences, which refer to predesigned, real-time artistic performances and experiences aimed at specific audiences, with management and technical services provided to enhance the delivery of the performance and experience.
4.2.4. Design Domain refers to the process of envisioning, planning, creating, and manufacturing of symbols, images, and products, whether for industrial or aesthetic purposes, spaces and systems, whether static or for interactive experiences, at the heart of which is creating solutions that address a need or a problem in various fields such as architecture, urban landscaping, interior and spatial planning, fashion and accessory making, textile development, furniture making, jewelry making, footwear making, and toy making.
4.2.5. Publishing and Printed Media Domain refers to the creation, publication, and distribution of artistic, journalistic, and commercial literature in traditional print and digital format, including books, audiobooks, blogs, comics, graphic novels, editorials and commentaries, magazines, and other published media.
4.2.6. Performing Arts Domain refers to all activities involved in the training of performers, the creation, promotion, distribution, exhibition, and preservation of artistic shows, performances, and such other art forms including live music, theatre, musical theatre, dance, opera, circus, spoken word, and puppetry.
4.2.7. Visual Arts Domain refers to all activities pertaining to the creation, promotion, distribution, and preservation of works that are primarily visual in nature, including paintings, drawings, sculptures, photographs, antiques, performance art, art toys, multimedia art collages, or other similar material.
4.2.8. Traditional Cultural Expressions Domain refers to tangible products and intangible customs, practices and expressions of traditional Filipino culture and heritage, including arts and crafts, gastronomy and culinary practices, cultural festivals, and celebrations.
4.2.9. Cultural Sites Domain refers to the physical human-made locations, sites, and monuments that are of vital significance to the objective of promoting Philippine culture, including historic buildings and town sites, important archaeological sites, and works of monumental sculptures or paintings. This domain encompasses the strategic role and activities of museums, libraries, creative cities, performing arts venues, and cultural exhibitions to promote the country’s cultural assets.
4.3. Business Support Organizations (BSO) refers to an individual, partnership, association, joint stock company, trust, corporation, or other legal business entity or successor thereof, duly registered or licensed to do business and existing under the laws of the Philippines.
4.4. Creative Workers Association (CWA) means any group of workers in the Creative Industries, including ambulant, intermittent, self-employed, rural workers and those without definite employers, organized for mutual aid and protection of its members or for any legitimate purpose other than collective bargaining[1].
4.5. Endorsing Entities refer to organizations or associations within the creative industries that have the legal personality to endorse individuals for membership and participation in the Council. These entities can be Business Support Organizations (BSOs) or Creative Workers Associations (CWAs) that represent specific sectors or Domains within the creative industry.
4.6. Endorsed Individuals refer to professionals or experts in their respective creative industry Domains who have been officially endorsed by the Endorsing Entities for consideration as regular members of the Council. These individuals possess the qualifications, experience, and competencies required to contribute effectively to the development of the Creative Industries in the Philippines.
4.7. Endorsement refers to the official support and recommendation, supported by documentary requirements in accordance with these Guidelines, submitted by Endorsing Entities to endorse individuals as potential regular members of the Council. It signifies the Endorsing Entities' recognition of the Endorsed Individuals' qualifications, expertise, and contributions to the Creative Industries.
4.8. Official and Final Nominees refer to the individuals selected by the PCIDC Chairperson and approved to be nominated to the President of the Philippines for the Regular Members seats of the Philippine Creative Industries Development Council (PCIDC). These nominees have undergone the endorsement and screening process, met the required qualifications, and have been deemed suitable and deserving to represent their respective Domains. Once nominated, they are considered as the official and final candidates for appointment as Regular Members of the PCIDC.
4.9. Chairperson refers to the Chairperson of the Philippine Creative Industries Development Council. For the purposes of these Guidelines, the term shall only refer to the Secretary of Trade and Industry.
[1] Adopted from the DOLE definition of workers association
Section 5. Designation of the Screening Committee. The Council Secretariat is hereby designated as the Screening Committee (SC). In the interim period, while the Council Secretariat is being established, the DTI Creative Industries Development Program Management Unit (CID-PMU), established under Department Order 23-30 series of 2023, shall assume the role of the SC.
The SC shall strictly adhere to the provisions outlined in these Guidelines.
Section 6. Functions of the Screening Committee. The Screening Committee (SC) shall be responsible for carrying out the following functions:
1. Administer and manage the call for Endorsements and receive Endorsements from the BSOs or CWAs;
2. Coordinate and maintain effective communication with the Endorsing Entities and/or Endorsed Individuals regarding any matter related to their Endorsement;
3. Review and ensure the accuracy, completeness, and authenticity of the information provided in the submitted Endorsements;
4. Conduct necessary fact-checking and validation activities, such as meetings, interviews, due diligence tasks, and deliberations, to validate the entries in the submitted Endorsements;
5. Conduct a comprehensive evaluation of the Endorsements and assess the corresponding documentary requirements;
6. Forward to the Chairperson the Endorsements that fulfill the minimum requirements stipulated in these Guidelines;
7. Assist the Chairperson in consulting with the other ex officio members of the Council concerning the Endorsements;
8. Aid the Chairperson in submitting the nominations to the Office of the President; and
9. Act as custodian of the records pertaining to the endorsement and nomination process prescribed in these Guidelines, strictly adhering to the provisions of R.A. No. 10173 or the “Data Privacy Act of 2012.”
Section 7. Qualifications of Endorsing Entities and Endorsed Individuals.
7.1. Before an Endorsing Entity can validly endorse individuals to the Council, the following criteria must be met:
7.1.1. The Endorsing Entity must be duly organized, formed, or created by private persons or entities within the Creative Industries;
7.1.2. The Endorsing Entity must be registered, recognized, or licensed by any authorized government agency or instrumentality;
7.1.3. The Endorsing Entity must have a proven track record of rendering service, promoting collective aspirations, or assisting creative industry players in any of the Domains;
7.1.4. The Endorsing Entity must have a nationwide, region-wide or international membership, and operations network and coverage; and
7.1.5. The Endorsing Entity must have been in operation for at least one (1) year.
7.2. An Endorsed Individual must possess the following minimum qualifications:
7.2.1. The Endorsed Individual must be a Filipino citizen, of legal age, and not otherwise disqualified from being a regular member of the Council by Philippine laws.
7.2.2. The Endorsed Individual must not hold any government position, whether appointive or elective.
7.2.3. The Endorsed Individual must have a proven track record and have been engaged in ongoing or completed projects, scaling up programs, or activities related to the Domain to be represented.
7.2.4. The Endorsed Individual must demonstrate high personal and professional integrity.[LT1]
7.2.5. The Endorsed Individual must be willing, capable, and competent to participate in all Council meetings, functions, and activities.
7.2.6. The Endorsed Individual must have no pending criminal, civil, or administrative cases or investigations before any office, court, or tribunal.
7.2.7 The Endorsed Individual must have at least ten (10) years of experience in the development of the creative industry domain to which the nominee belongs to.
For the purposes of these Guidelines, "government position" refers to public office, whether elective or appointive, including positions with plantilla items or positions in government service, whether career or non career. The term excludes private sector representatives in government boards, commissions, or councils who are appointed to such government entities by virtue of their affiliation with the private sector, subject to the provisions of Executive Order No. 292, series of 1987, or the Administrative Code of 1987.
7.3. To endorse an individual, the BSO or CWA must submit the following documentary requirements to the SC, which together constitute the Endorsement:
Requirements Pertaining to the Endorsed Individual
7.3.1. Latest Comprehensive Curriculum Vitae of the Endorsed Individual;
7.3.2. Notarized Accomplished Endorsed Individual Profile Sheet with Conforme; and
7.3.3 Valid Clearance from the National Bureau of Investigation.
The aforementioned requirements must sufficiently demonstrate that the Endorsed Individual meets the minimum requirement of at least ten (10) years of cumulative experience in the development of the Domain to which the Endorsed Individual belongs. The development experience of the Endorsed Individual should be stated in years and months (Example: from January 2011 to March 2023, or 12 years and 2 months).
Requirements Pertaining to the Endorsing Entity
7.3.4 Letter addressed to the Chairperson, endorsing the Endorsed Individual and indicating the name, credentials, and qualifications of the Endorsed Individual;
7.3.5. Notarized Accomplished Endorsing Entity Profile Sheet;
7.3.6. Securities and Exchange Commission (SEC) Registration, certified as true and correct by the BSO or CWA’s Corporate Secretary or by the SEC;
7.3.7. List of Officers and Member Individuals or Organizations, as applicable, certified true and correct by the BSO or CWA’s Corporate Secretary; and
7.3.8. List of Programs and Projects, certified true and correct by the BSO or CWA’s Corporate Secretary.
Section 8. Limitations to Endorsements.
8.1. Limitation on Endorsing Entities. A BSO or CWA can endorse only one (1) individual per Domain. If an Endorsing Entity genuinely represents two or more Domains in the Creative Industries, it may validly endorse as many Endorsed Individuals as there are Domains genuinely represented.
8.2. Limitation on Endorsed Individuals. An Endorsed Individual may be endorsed for representation in only one (1) Domain during each Period of Endorsement.
8.3. Domain-specific Nomination and Appointment. An Endorsed Individual may only be nominated by the Chairperson and subsequently appointed by the President of the Philippines for the Domain to which they were originally endorsed and nominated.
Section 9. Period of Endorsements.
9.1. Establishment of the Period of Endorsements. The SC shall determine a specific period during which endorsements from BSOs and CWAs will be accepted ("Period of Endorsements"). The Period of Endorsement will be set by the SC in the event of a vacancy in the Council, subject to the condition that it applies only to vacant seats. The SC cannot establish a Period of Endorsements when all seats in the Council are occupied.
The Period of Endorsements shall not be less than 30 calendar days nor exceed 60 calendar days. The SC may designate separate and distinct Periods of Endorsements for each vacant seat in the Council.
9.2. Public Announcement and Call for Endorsements. In all instances, the Council, through the SC, shall publicly announce the call for endorsements for nominees to the regular members' seats, including the specific Period of Endorsements for each seat.
9.3. Proactive Engagement of BSOs and CWAs. In addition to the public announcement, the SC shall actively invite BSOs and CWAs in the Creative Industries to participate in the nomination process and endorse individuals for Council membership.
9.4. Notification of Infirmities or Incompleteness. The SC shall receive Endorsements, specifying the date and time of receipt of the said Endorsements ("Receiving Date"). Within fifteen (15) days from the Receiving Date, the SC shall notify the Endorsing Entity of any deficiencies or incompleteness in their submission. The Endorsing Entity with an infirm or incomplete Endorsement shall be granted a period of five (5) working days to rectify the deficiencies. If the SC fails to issue a notice to comply, the Endorsing Entity shall be deemed to have submitted a complete Endorsement.
9.5. Deadline for Endorsements. The SC shall only accept Endorsements until 11:59 p.m. on the final day of the Period of Endorsements.
9.6. Minimum Number of Endorsements. At the conclusion of each Period of Endorsements, the SC shall ensure that there are at least three (3) Endorsements for each Domain. If by the end of the Period of Endorsements, the number of Endorsements for a Domain does not meet the minimum of three (3) Endorsements, the SC shall extend the Period of Endorsements by a maximum of 15 calendar days from the date of expiration of the first Period of Endorsements; [EPR1] Provided, That the extension shall only be applicable to the Domain with less than three (3) Endorsements; Provided further, That such extension may only be made once per domain for every Period of Endorsement.
Section 10. Submission of Endorsements to the Chairperson. Within fifteen (15) calendar days after the conclusion of every Period of Endorsements, the SC shall compile and submit a Memorandum to the Chairperson. The Memorandum shall include the following:
10.1. Names and profiles of the Endorsed Individuals, including their qualifications, Endorsing Entities, and Domain sought to be represented; and
10.2. Complete documentary requirements of the Endorsed Individuals and Endorsing Entities, as attachments to the Memorandum.
The SC shall provide a copy of the Memorandum, including the documentary requirements, to all ex officio members.
Only Endorsed Individuals with complete documentary requirements shall be included in the submission for the Chairperson.
Section 11. Nomination to the President by the Chairperson.
11.1. The Chairperson shall consult with the other ex officio members of the Council, to determine the individuals who will be included in the List of Official and Final Nominees. To this end, the Chairperson may convene a special meeting with the ex officio members of the Council to discuss the qualifications of the Endorsed Individuals.
11.2. Following thorough consultation and deliberation, the Chairperson shall nominate a minimum of three (3) Official and Final Nominees for each regular member seat.
11.3. The Chairperson shall issue a Memorandum formally submitting the list of Official and Final Nominees for the regular members seats of the Council to the President. The SC shall transmit an original copy of the Memorandum, along with all pertinent documents, to the Office of the President.
11.4. If the Office of the President requests additional documents, the Official and Final Nominees shall be granted sufficient time to submit and comply with the request.
Section 12. Appointment of Regular Members.
12.1. The President of the Philippines shall appoint the regular members of the Council from the list of Official and Final Nominees submitted by the Chairperson.
12.2. The appointment of regular members shall be made in accordance with the provisions of R.A. No. 11904 and other applicable laws and regulations.
12.3. Once appointed, the regular members shall assume their roles and responsibilities as outlined in the law and these Guidelines.
Section 13. Term of Office of the Regular Members. The Regular Members shall serve for a term of six (6) years from the date of their appointment. This term may be shortened in the event of death, resignation, or removal for cause, in which case their replacements shall serve the remaining duration of the unexpired term.
For the initial set of Regular Members, five (5) members shall hold office for a term of three (3) years, while the remaining four (4) members shall hold office for a term of six (6) years. The specific term duration for each member shall be determined by the President of the Philippines.
Section 14. Continuing Qualifications. The Council, through a resolution and in adherence to the requirements of due process, may recommend to the President of the Philippines the removal or termination of a Regular Member before the completion of their term. This action may be taken if the Regular Member no longer meets the minimum requirements or qualifications stated in Section 7 of these Guidelines or if there are grounds for removal based on justifiable cause.
Section 15. Transparency and Confidentiality.
15.1. The entire Endorsement and Nomination process shall be conducted with utmost transparency, ensuring that all stakeholders are informed of the timelines, requirements, and outcomes.
15.2. However, the SC shall maintain the confidentiality of personal and sensitive information submitted by the Endorsed Individuals and Endorsing Entities, in compliance with the Data Privacy Act of 2012.
15.3. The SC shall also ensure the security and integrity of the nomination records, preserving them as confidential documents of the Council.
Section 16. Review and Amendments.
16.1. These guidelines may be subject to review and amendments as necessary, in order to improve the endorsement and nomination process and align with any changes in laws and regulations.
16.2. Any proposed amendments to these guidelines shall be reviewed and approved by the Council, with the endorsement of the Chairperson.
Section 17. Separability Clause. If any provision of these Guidelines is determined to be invalid or unconstitutional, the remaining provisions shall remain in full force and effect, unaffected by such invalidity or unconstitutionality.
Section 18. Repealing Clause. All previous issuances or parts thereof that are inconsistent with the provisions of these Guidelines are hereby repealed, amended, or modified accordingly to ensure consistency and compliance with the guidelines outlined herein.
Section 19. Effectivity. Upon its effectivity, these Guidelines will remain in force until amended or revoked, by a majority vote of the incumbent members of the Council.