BRIEFER

On the Efforts of the Organisasyon ng mga Pilipinong Mang-aawit (OPM)

In Enforcing Artists Equity in the Philippines
The Concept of Artists Equity
The concept of Artists Equity is rooted in the acknowledgement and protection of culture as part
of the national patrimony. In western societies, such as the United Kingdom, the United States of
America and Australia, Artists Equity is an adjunct of the fact that workers in the arts sector are
unionized, and as such is part of a broader initiative to protect the political (free speech, right to
organize, etc.) and socio-economic and cultural rights (right to decent wages, working hours, etc.)
of artists. As such Artists Equity is aimed at creating an ideal environment for artists as workers
and exponents of their respective nations cultures. In this sense groups and organizations that
push for Artists Equity in these jurisdictions lobby for fair and equitable wages, standardized rates
for talent or professional fees, as well as a system for the protection and preference of local talent
in the staging, production and exhibition of art work across the various media, (i.e. stage, film,
television, the performance and airing of musical compositions and performances, etc.)
Manifestly, foreign artists who may wish to perform in these jurisdictions must pay an equity fee,
the rates for which are set by the various artists unions, prior to the grant of the requisite work
permits from relevant government agencies.
Artists Equity in the Philippines
In the Philippines, the application of Artists Equity was patterned after the system in the UK, the
USA and Australia to emphasize the concept of reciprocity, as professional Filipino talents who
may wish to perform in these jurisdictions must comply with the equity requirements imposed by
the respective artists unions for their category as artists.
The concept of Artists Equity was first brought to fore by the Organisasyon ng Pilipinong Mangaawit, (OPM) which shortly after its establishment after the EDSA Revolution of 1986, fought for
the rights of singers and other musicians to receive monetized fees for performances they make
in the various television and radio programs at the time. Before this effort by the OPM, it was an
accepted practice for band members, musicians, back-up singers and even established
performers to be paid in kind by the producers of these shows.
As it is known today, Equity takes the form of a fee that foreign singers and performers must pay
to the OPM prior to the grant of the special work permit required by the Bureau of Immigration.
The proceeds of this Equity Program are used for the benefit of lesser-known members of OPM,
who rely nonetheless on their singing/performances for their daily living. These benefits include
health care and financial assistance, as well as other programs designed to give
singers/performers who derive their income solely from their performances some level of
protection, which is denied them by the very nature of their engagement as professionals.
This Equity Program was enforced on the strength of a Tripartite Memorandum of Agreement
(MOA) entered into between the Bureau of Immigration, the Asosasyon ng mg Musikong Pilipino
(AMP) and OPM. The first Tripartite MOA was signed on 03 May 1989 between the then Bureau
of Immigration and Deportation (BID), the OPM and the AMP during the incumbency of then
Commissioner Miriam Defensor Santiago. The said MOA was maintained throughout the years
and signed with every incumbent Commissioner of Immigration, all the way from then
Commissioners Defensor-Santiago, Rufus Rodriguez, Andrea Domingo, Alipio Fernandez and
Marcelino Libanan. However, during his incumbency, Commissioner Ricardo David, Jr. raised
several questions regarding the validity of the Equity Program and refused to sign the MOA. To
date, incumbent Immigration Commissioner Siegfred Mison has still not renewed the MOA and
has refused to enforce the Equity Program to the letter. Unfortunately this has resulted in the
undermining and weakening of the Program to the detriment of professional Filipino singers and
performers, who now find themselves in a situation where their rights as professionals and
cultural workers are diluted in their own country, even as artists unions in other countries
strengthen protection given to their members through the continued regulation in the entrance of
foreign artists in their jurisdictions.