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Republic of the Philippines

CITY OF THE VALENZUELA


Metropolitan Manila
OFFICE OF THE CITY COUNCIL

PROPOSED ORDINANCE No. ______________

AN ORDINANCE REGULATING THE ESTABLISHMENT AND OPERATION OF INTERNET CAFÉ, COMPUTER RENTAL
SHOPS/COMPUTER GAMING SHOPS IN THE CITY OF VALENZUELA AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
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Authored by: City Councilor MA. CECILIA V. MAYO
And City Councilor ALVIN FELICIANO
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WHEREAS, internet or the computer based communication and information technology is undeniably the dynamic pillar of
the merging information highway interwining the borderless global economy today. The advancement of information
technology worldwide is basically manifested in the proliferation of internet cafes throughout the country;

WHEREAS, the existence of internet café has definitely benefited people from all walks of life, particularly the students, in
terms of having instant access to world-class information of varied topics and school research related work or activities;

WHEREAS, the operations of these internet cafes, particularly those that are operating within the immediate vicinity of
schools and religious places, had been inadequately regulated causing easy access to internet pornography, and rampant
rise to internet gambling and excessive games, which lured students from religiously attending their classes;

WHEREAS, there is a need to regulate the entry of minors and students to those internet cafes and other similar
establishments to prevent them from excessively playing computer games, access to internet pornography and the likes,
especially during school hours as this can adversely affect their educational performance and moral values;

WHEREAS, students who cannot afford to purchase computers need internet cafes to be able to avail computer services,
which provide word processing, research, surfing the information highway and the likes;

WHEREAS, Section 16 of the Local Government Code of 1991 provides that:

“Every local government unit shall exercise the powers expressly ground, Those necessarily implied therefrom as well as
powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the
promotion of the general welfare x x x.”

WHEREAS, Section 458, (a) (4) of the same Code provides that:

“The Sangguniang Panlungsod, as the legislative body of the city, shall enact ordinance x x x for the general welfare of the
city and its inhabitants x x x, and shall: x x x

(iv) regulate the establishment, operation and maintenance of cafes, restaurants, x x x, and other similar establishment x x
x.”
NOW THEREFORE, be it ORDAINED, as it is hereby ORDAINED by the Sangguniang Panlungsod of Valenzuela, in session
assembled that:

SECTION 1. Title. – This ordinance shall be known as “INTERNET ORDINANCE”.

SECTION 2. Coverage. – This Ordinance shall apply to the following establishments located and / or operating within the
territorial jurisdiction of Valenzuela City to wit:

a) Any business establishment with more than one (1) computer unit, offering for a fee, services which requires the use of
computers to access the internet and / or play computer games shall be classified as internet cafes or computer rental or
computer gaming shops.
b) Other business establishments which offer a combination of services such as food and internet, recreation and other
similar business fusions requiring the use of computers and access to internet such as cyber cafes, arcades, lounges and
other similar establishments.
c) Internet cafes, computer rental shops/ computer gaming shops.

SECTION 3. Purpose – This ordinance is intended for the following purpose, to wit:

a) To regulate the establishment and operation of Internet cafes, computer rental shops/ computer gaming shops within the
territorial jurisdiction of Valenzuela City and other similar establishment mentioned in the preceding paragraphs.
b) To provide corresponding penalties for any violation hereof and prescribe procedures and guidelines for the
implementation of the same.

SECTION 4. Definition of Terms.

a) MINOR – refers to a person below 18 years of age who are either out-of-school youth of a student enrolled in elementary
or high school curriculum.
b) COMPUTER – refers to an electronic device that accepts, process, stores and outputs data at high speeds according to
programmed instruction.
c) INTERNET – refers to the worldwide web or system of computer networks in which a user at any computer can directly
access information in the network.
d) INTERNET PORNOGRAPHY – refers to the visual representation of images showing prohibited acts mentioned in Section
6, hereof through any of the electronic devices or means, with the end view satisfying the lust or sexual desire of another,
regardless of geographic location, including but not limited to the following: digital camera, camera-equipped mobile
phone, webcam or similar gadgets.
e) WEBCAM – refers to a video or digital camera, usually attached directly to a computer, designed to take photographs of
images and transmit them over the internet.
f) LOCAL AREA NETWORK (LAN) – refers to a group of computers with associated devices that share a common
communication line and typically share resources and data within a small geographic area.
g) SATANIC SITE – refers to a website on the internet which displays and or downloads brutal, furious, vicious, evil, and
forceful materials.
h) SURFING – refers to the act of exploring a sequence of web sites in a random or unplanned manner.
i) INTERNET CAFÉ – refers to a business establishment that has a number of networked of computers with access to the
internet for surfing, chatting-mail, research, typing and gaming and available for use by a customer for a fee by the hour or
fraction of an hour and / or similar beverages including cyber cafes, arcades and lounges.
j) COMPUTER RENTAL SHOP – refers to a business establishment that has two (2) or more computer units that offers access
to the internet, typing, printing services, and gaming for a fee.
k) COMPUTER GAMING SHOP – refers to a business establishment with two or more computers connected on a Local Area
Network (LAN) exclusively offer either online games (connected to the internet) or LAN games (not connected to the
internet).
SECTION 5. Policy / Application – The following rules, regulations and guidelines must be strictly observed in the operation
of the establishment referred to in Section 2 hereof, to wit:

Prohibited Acts:

a) Engaging or cause to engage; performing or cause to perform, exhibiting or cause to exhibit, any sexual, immoral or
obscene act, which are offensive to moral, decency and good customs in front of a digital camera, computer video camera,
camera equipped mobile phones, web cams and the likes.
b) Knowingly and intentionally producing, distributing and transmitting images or videos, which are immoral, obscene act,
evil and violence.
c) Offering, allowing or cause to allow the surfing of websites, which contain pornographic, satanic, evil, violent, material or
those that advertise or promote prostitution and violence.
d) Using, engaging or cause to engage the trade prohibited drugs, intoxicating liquor, beverage, cigarettes inside the
establishment.
e) Engaging or cause to engage; allowing or cause to allow either direct or indirect gambling on-line and/or betting among
customers inside the above described establishment.
f) Using or allowing the use of closed cubicles with doors in the operations of the above mentioned establishments.
g) Engaging and / or operating without prior business requirements or license permit from concerned agencies.

Regulated Acts

a) All establishments herein above described shall not be allowed to operate gaming or computer games either on-line or
LAN connected during school hours (6:00am to 5:00pm) from Mondays to Fridays.
b) Minor students shall be restricted to enter the premises during school hours except students who will bed doing research
work / school related work or activities.
c) Minor students are allowed to enter the premises and / or play computer games only after their school hours; during
weekends and holidays.
d) Business hours shall be limited only up to 10:00 p.m. for minors both students and out-of-school youth on weekdays and
weekends.

e) * Operators and/or owners of all the establishments herein above-described which are located within the Two Hundred
(200) meter radius from any school, either public of private, shall not be allowed to operate gaming or computer games
either on-line or LAN connected at anytime of the day. Operators and / or owners herein above-mentioned, however, shall
be allowed to operate or cause to operate internet or internet café only at anytime of the day subject to the regulations
specified under prohibited acts of this Section.

f) *Operators and / or owners of the establishments herein above-described located outside the Two Hundred (200) meter
radius from any school, either public or private, shall be allowed to operate gaming or computer games either on-line or
LAN connected. In no case, however, shall the operators and / or owners of the said establishments, allow minors from
playing computer games during school hours on Mondays to Fridays. Provided, however that after school hours, during
weekends (Saturdays and Sundays) and holidays, the operators and / or owners of the said establishment may allow minors
to play computer games at anytime subject however to the limitation set forth under paragraph (d) hereof.

SECTION 6. Penalties - Offenders / violators of this ordinance shall suffer the following penalties to wit:
a) Owners/proprietors/managers of the establishments referred to under Section 2 shall be penalized for violation of any of
the prohibited acts under Section 5 hereof by a fine of P5,000.00 or by imprisonment of not more that thirty (30) days or
both, the imposition of such fine and / or imprisonment shall be at the discretion of the court without prejudice to the filing
of appropriate criminal action in the proper court for violation of other laws.
b) In addition to the penalty provided in the preceding paragraph, revocation of business permit and / or license to operate,
and closure of the establishment shall be imposed for violation of Section 5 (a) of prohibited act on the first offense.
c) For purpose of Section 5 (b), (c), (d), (e), (f) and (g), automatic temporary revocation of business permit and license to
operate for a period of thirty (30) days on the second offense; and permanent revocation of business permit, license to
operate and closure of the establishment shall be imposed for violation of the same on the third offense.
d) Any person who shall perform any of the following acts under Section 5 (a) shall be penalized by a fine of P 3,000.00,
without prejudice to the filing of appropriate action in court. Provided that, in case the performer, actor or exhibitor is a
minor, he / she shall be considered a victim pursuant to the provision of the “Special Protection of Children against Child
Abuse, Exploitation and Discrimination Act”, and shall be placed under protective custody as provided in said Act.
e) Minors who shall violate Section 5 shall be turned-over to their parents/guardians.
f) Minors who shall violate Section 5 shall be penalized by a fine of P 1,000.00 to be paid by the parents or guardian. In case
of incapacity to pay the fine, the parent/guardian shall render four (4) hours of community service.

g) *Owners/operators of the establishment referred to under Section 2 shall be penalized for violation of any of the
regulated acts under Section 4 hereof by a fine of not more than P5,000.00. In addition to the fine, automatic temporary
revocation of business permit and/or license to operate for a period of thirty (30) days shall be imposed on the 2nd offense;
and permanent revocation of business permit and/or license to operate and closure of the establishment shall be imposed
for violation of the same on the third offense.

SECTION 7. Business requirements – As regulatory measures, in securing business license and permit, any person(s) who
shall establish and operate an internet café or computer rental shop / computer gaming shop are required to submit the
following documents:

a) Barangay Clearance
b) Other requirements as may be required by the BPLO.

SECTION 8. Implementers / Enforcers – The Philippine National Police Valenzuela (PNP-Valenzuela), Office of the City Mayor
of Mayor’s Action Force, Barangay Officials in coordination with the Business Permit and Licensing Office (BPLO) shall
implement this Ordinance.

SECTION 9. Repealing Clause - Except as otherwise provided herein, all executive orders, administrative regulations, city
ordinances, city resolutions, Barangay ordinances, Barangay resolutions, which are inconsistent with and contradictory to
any of the provisons of this Ordinance are hereby repealed or modified accordingly.

SECTION 10. Separability Clause – This Ordinance shall take effect within thirty (15) days after dissemination and
publication in a newspaper of general circulation once and after an extensive public information campaign.

MA. CECILIA V. MAYO ALVIN FELECIANO


City Councilor City Councilor

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