We need foreign investors to help boost our economy and generate jobs for Filipinos. Foreign participation in certain sectors, however, is restricted by our Constitution and certain laws and issuances.
Book publishing, for instance, is a regulated sector. Section 11, Article XVI of our 1987 Constitution states that: “The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives, or associations, wholly owned and managed by such citizens.”
Mass media, under Presidential Decree No. 1018 s. 1976, includes “print medium of communication, which includes all newspapers, periodicals, magazines, journals, and publications…” Under Article 4, RA 7394, mass media refers to “any means or methods used to convey advertising messages to the public, such as television, radio, magazines, cinema, billboards, posters, streamers, hand bills, leaflets, malls and the like.”
Citing DoJ Opinion No.24 s.1986, the Department of Justice in DoJ Opinion No. 040 s.1998, stated that “the distinctive feature of any mass media undertaking is the dissemination of information and ideas to the public, or a portion thereof.” The Securities and Exchange Commission seconded this opinion in SEC-OGC Opinion No. 14-15 dated 7 July 2014.
Likewise, the Book Publishing Industry Development Act (RA 8047) implementing rules provide that all persons and enterprises engaged in book publishing and related activities need to be registered and accredited by the National Book Development Board.
Based on these legal stipulations Sultan Kudarat Rep. Horacio Suansing Jr. and Nueva Ecija Rep. Estrellita Suansing filed Joint Resolution No. 1945 in Congress seeking an inquiry into the reported distribution of foreign published books in public and private elementary/secondary schools, and the proliferation of unregistered foreign companies publishing books in the country.
They filed the measure based on reports that a foreign firm, XSEED has been selling foreign published books and workbooks for students and lesson plans for teachers of basic education in Bulacan, Cavite, Pasay, Pasig and Manila.
Aside from violating Philippine laws, this could be detrimental to the country’s educational development, and the welfare of legitimate Philippine publishers and printing companies. This issue is much like illegal drugs, which President Duterte detests.
The Suansings’ resolution is a noble reaction to such issues and deserves prompt consideration by lawmakers to strongly warn foreign firms illegally operating in the country’s book publishing sector.
