Republic of the Philippines

OFFICEOFTHESANGGUNIANGPANLUNGSOD
City oflloilo

EXCERPT FROM THE MINUTES OF THE IOm REGULAR SESSION OF THE 33RD
SANGGUNIANG P ANLUNGSOD OF THE CITY OF ILOILO, PIIlLIPPINES, HELD AT
THE SESSION HALL, ILOILO TERMINAL MARKET BUILDING, J. DE LEON STREET,
ILOILO CITY,ON TUESDAY, MARCH 08, 2011

PRESENT:
HON. JEFFREY P. GANZON
Temporary Presiding Officer

HON. JOSHUA C. ALIM, Floor Leader Member

HON. LYNDON V. ACAP Member
HON. RODEL F. AGADO Member
HON. ROBERTO E. DIVINAGRACIA, Liga nga mga Brgy. Pres. Ex Officio Member
HON. ELY A. ESTANTE, JR. Member
HON. R LEONE N. GEROCHI Member
HON. JASON R. GONZALES Member
HON. SHEEN MARIE S. MABILOG, SK Federation Pres. Ex Officio Member
HON. PLARIDEL C. NAVA II Member
HON. NIELEXC. TUPAS Member
HON. EDWARD C. YEE Member
HON. PERLAS. ZULUETA Member

ABSENT:

HON. JOSE S. ESPINOSA ill Vice Mayor & Presiding Officer

(Officer-In-Charge, City Mayor's Office)
HON. DAVID RAYMUND C. JAMORA (On Official Travel) Member

REGULATION ORDINANCE NO. 2011-222

AN ORDINANCE REGULATING AND REQUIRING ALL
COMMERCIAL ESTABLISHMENTS OFFERING INTERNET
SERVICES TO PROVIDE AN APPROPRIATE COMPUTER PROGRAM,
SOFIWARE, FILTERS,~ SUCH OTHER IMPLEMENTS, GADGETS
OR MEASURES TO PREVENT Cl.\ST(W.ER ACCESS TO
PORNOGRAPIDC WEB ITES AND PROVIDlN-CfPENALTIES FOR THE
VIOLATION THEREOF

Sponsored by Councilor Nielex C. Tupas, co-sponsored by

Councilors R Leone N. Gerochi, Plaridel C. Nava II, Lyndon V.
Acap, Sheen Marie S. Mabilog and Ely A. Estante, Jr., duly
seconded by Councilor Rodel F. Agado

WHEREAS, Section 13, Article II of the 1987 Philippine Constitution provides that "the
State recognizes the vital role of the youth in nation-building and shall promote and protect their
physical, moral, spiritual, intellectual, and social well-being . . . xx x ".

WHEREAS, the local government unit under the general welfare clause of R.A. 7160
ma prescribe reasonable regulations to protect the lives, health and property of their constituents
and maintain peace and order within their respective territorial jurisdiction;

WHEREAS, the easy access to immoral and obscene websites in the internet has brought
many a disturbing influence and poses danger to the morals of the public especially to children;
Reg. Ord No. 2011-222. Mar. 08. 2011 Page2

WHEREAS, the mushrooming of public internet stations in the city enables public
availability to internet pornography such that one could download explicit pictures, or explicit
stories, or exchange sexually suggestive E-mails, view sexually arousing videos/pictures that
opens up and play on ones computer screen, which may either be pre-recorded or live. Web cams
and cameras interfaced with a computer enables one to broadcast live streaming images of
oneself, which has been increasingly used to perpetrate cyber sexual activity. Chat rooms,
whether general or private, are becoming popular as ever and often leads to cyber sex, phone sex,
or actual meetings in the flesh;

WHEREAS, these varied forms of pornography corrupt the mind of the people
especially the minors or children to the detriment of their psychological and moral development
which is inimical to society;

WHEREAS, in order to preserve our moral and spiritual values particularly the Ilonggos,
there is a need to regulate all internet stations to protect the people especially the youth from
getting easy access to pornographic websites.

Be it ordained, by the Sangguniang Panlungsod oflloilo City, THAT:

ARTICLEl

SECTION 1. TITLE. - This Ordinance shall be known as, "THE ANTI

PORNOGRAPIDC WEBSITE ORDINANCE";

SECTION 2. DECLARATION OF POLICY. - It is hereby declared the policy of the

City of Iloilo to protect its inhabitants from immoral and indecent publication in the internet
which is inimical to the moral values, decency and good customs and to uphold due respect to
human dignity especially entitled to women and children of this city.

SECTION 3. COVERAGE. - This ordinance is enforceable and applicable within the

territorial jurisdiction of Iloilo City.

SECTION 4. DEFINITION OF TERMS. - For the purpose of this ordinance the

following terms shall mean as follows:

CYBERSEX - refers to on-line sexual encounter between two (2) or more persons from
different computer terminals and location usually coupled with the exchange of explicit, lewd
and obscene messages or video pictures.

CHAT ROOM-an online forum whereby a number of people converge and interact by
exchange of views, opinion and messages.

INTERNET - A network connecting millions of computers, whereby several countries

e linked into exchanges of data, news and opinions. Unlike online services, which are centrally
ntrolled, the internet is decentralized by design. Each Internet computer, called a host, is
independent. Its operators can choose which Internet services to use and which local services to
make available to the global internet community.

MINOR-Person below Eighteen (18) years of age.

Reg. Ord. No. 2011-222. Mar. 08, 2011 Page3

PORNOGRAPHY or PORN - refers to any representation, through publication,

exhibition, cinematography, indecent shows, information technology, or by whatever means, of a
person engaged in real or simulated explicit sexual activities or any representation of the sexual
parts of a person for primarily sexual purposes that is intended to stimulate erotic rather than
aesthetic or emotional feeling.

PORNOGRAPIDC MATERIALS- any image or images, articles, writing or writings,

speech or speeches depicting pornography

WEBSITE - A system of Internet servers that support specially formatted documents.

The documents are formatted in a markup language called HTML (HyperText Markup
Language) that supports links to other documents, as well graphics, audio, and video files.

SOFrWARE - computer program, information or data which can be stored

electronically as opposed to storage and display devices which are called hardware

FILTER OR WEB FILTERING SOFrWARE - A program that accepts a certain type

of data as input, transforms it in some manner, and then outputs the transformed data or such
programs that block access to data that meets a particular criterion.

FIREWALL - is a part of a computer system or network that is designed to block

unauthorized access while permitting authorized communications based upon a set of rules and
other criteria.
GADGET - is a device that has a useful specific purpose and function.

SERVICE PROVIDER; INTERNET SERVICE PROVIDER (ISP) - a company that

acts as a medium through which with the use of a modem, one can gain access to the internet

INTERNET ACCESS PROVIDER- another name ofISP

SERVER - refers to a local area network, a computer running administrative software

that controls access to all part of the network and its resources, such as disk drivers or printers.

WEB CAMERA (OR WEBCAM)- refers to a near real time camera whose images can
be accessed using the World Wide Web.

WORLD WIDE WEB (WWW) - Computer based network of information resources

that combines text and multimedia.

ESTABLISHMENTS - refers to private establishments offering and providing internet

services to the public, whether for a fee or otherwise, and regardless if such internet service is a
primary part of their business or an incident thereof.

SECTION 5. PROIDBITED ACTS. -

a) Failure by establishments owners to provide or install proper filters, software, or

program to block or deprive customers access to pornographic sites; and

b) Allowing costumers or clients to open any website containing pornographic materials

on the internet.
Reg. Ord No. 2011-222. Mar. 08. 2011 Page4

c) Allowing minor costumers of an internet service during class hours from 8:00-11:30
AM and from 1:00 - 4:00 PM, except on Saturday, Sunday, Legal Holidays, as well as
Summer and Christmas Vacation or upon a written permit or any other form of
authorization issued by the school principal.

d) Downloading, opening and viewing of any website containing pornographic materials

by anyone while within the establishment offering internet service.

SECTION 6. DUTY OF THE ESTABLISHMENTS OFFERING INTERNET

SERVICES.-

a) All establishments offering internet services are required to install proper filters,
software or program to block or to deprive customers access to pornographic sites.

b A written notice of prohibited acts under this ordinance must be posted in a

conspicuous place within the vicinity of the establishment and on each unit of computer, which
can readily be seen and read by their customers.

c) After the effectivity of this Ordinance, owners and/or operators of internet

establishments are prohibited to construct closed and/or covered cubicles for their computer
units.

SECTION 7. CERTIFICATION. - All establishments intending to offer internet

services are required to obtain certification from the Office of the Zoning Board that their
establishment is located outside the 200 meter radius from the school premises.

SECTION 8. FUNCTION OF THE PERMIT AND LICENSE DIVISION

OFFICE. - The Permits and License Division of the city shall require new applicants offering
internet services to secure a certification from Iloilo City Zoning Board certifying compliance
with the requirements prescribed under Section 7 of this ordinance.

SECTION 9. PENALTIES.

a) For violation of Section 5 (a) thru (c) and Section 6 of this Ordinance, the following
penalties shall apply to establishments:

First Offense -A fine ofPl,000.00 and closure of the business

establishment for two (2) days

Second Offense - A fine of P3,000.00 and closure of the business

establishment for one (1) week

Third and subsequent offenses-A fine ofPS,000.00, cancellation/revocation of

business permit/license and/or imprisonment not
exceeding one (1) year or both fine and imprisonment
at the discretion of the court, for those person/s
responsible for the recurring violations

Where an establishment's license or permit has been revoked due to violations of this
Ordinance, any violation of this ordinance after said establishment, upon proper application, has
been allowed to operate, provisionally or otherwise, shall be considered as a subsequent offense.
Reg. Ord. No. 2011-222. Mar. 08. 2011 Page5

b) Additional penalty for owners and corporate officers:

In case of third and/or subsequent violations, the owner/s of the establishment or the
corporate officers and board of directors, in case of a corporation, shall be prohibited to engage
in the business of providing internet services, whether as a principal business or ancillary to any
other business, when there is actual knowledge or participation in any violation of this
Ordinance.

c) For employees who violate Sections 5 (b) and (c), and individuals who violate Section
5 ( d) hereof, the penalties shall be, as follows:

First Offense - Fine of Pl,000.00

Second Offense - Fine of P2,000.00
Third and subsequent offenses - Fine of P3,000.00 and/or imprison-
ment not exceeding one (1) year or both
fine and imprisonment at the discretion
of the court

For purposes of this provision, any person who, at the time of commission of the
violation, is charged with the care of the establishment, whether in a permanent or temporary
capacity, and whether for a fee or not, shall be deemed an employee.

d) Due process shall be observed in the imposition of fines and suspension/ revocation of
business permit and license. The procedure for suspension I cancellation of business permit as
provided for in Ordinance No. 399, as amended shall apply.

e) Payment of the fine shall be made directly to the Office of the City Treasurer.

ARTICLE II

CREATION OF THE CITY INTERNET REGULATORY BOARD (CIRB)

SECTION 10. Creation of City Internet Regulatory Board (CIRB). - Within Thirty
(30) days upon the approval of this Ordinance, the City Mayor shall create the City Internet
Regulatory Board (CIRB) to monitor strict compliance with the provision of this ordinance.

SECTION 11. COMPOSIDON OF CIR Board. - There shall be a CIR Board which
will be composed of the following:

Chairman - City Mayor or any person deputized by the City Mayor

Vice Chairman - City Planning and Development Officer
Members:
Chairman, Committee on Information Technology and Computerization
of the Iloilo City Council
Permits and Licensing Officer
Chairman, Iloilo City Task Force on Anti-Piracy, Anti-Pornography,
Internet and Gaming Centers
City Computerization Officer
Representative from Internet Service Provider
Representative from Establishment Offering internet Services
Representative from the Academe
Representative from Religious Sector
 Reg. Ord No. 2011-222. Mar. 08. 2011 Page6

The City Mayor may increase the number of members of the CIR Board without the
necessity of amending this Ordinance.

SECTION 12. Powers of the CIR Board. - The CIR Board shall have the following
powers and functions:

a.) Coordinate with appropriate authorities/officers of the City government particularly in.
information dissemination campaign against Pornographic Websites;

b.) Cause, direct and monitor the immediate investigation of cases involving violation by
any person of this Ordinance;

c.) Inspect internet establishments to determine compliance with the provisions of this
Ordinance;

d.) Receive and investigate complaints for violation of the provisions of this Ordinance;

e.) Invite any person to testify before the board in connection with the complaint for
violation of any provision of this Ordinance;

f) Recommend to the Office of the City Mayor the revocation of Business Permit of
those establishments violating this ordinance;

g.) Prepare and implement the fast tract anti-porno website plans of action and adopt
appropriate strategies and measures to ensure the effective and efficient advocacy of the Anti-
Porno website program with the adherence of the public; and,

h) Perform such other functions as may be assigned to it by the City Mayor.

SECTION 13. Saving Clause. - Nothing herein shall be construed as to limit the
powers of the City Mayor to implement and execute the provisions of this Ordinance pursuant to
Local Government Code and such other existing laws.

SECTION 14. Separability Clause. - If, for any reason or reasons, any part or
provision of this Ordinance be declared unconstitutional or invalid, the other parts or provisions
thereof not affected shall continue to be in full force and effect.

SECTION 15. Implementing Rules and Regulations (IRR). - The CIRB shall
formulate the Implementing Rules and Regulations for the effective implementation of this
Ordinance within SIXTY (60) days from its creation.

<""\
\. SECTION i6. Repealing Clause. - All other existing Ordinances, which are
inconsistent with this Ordinance, are repealed or modified accordingly.

SECTION 17. EtTectivity. - This Ordinance shall take effect Fifteen (15) days after its
approval and publication in a newspaper of general circulation in the City of Iloilo consistent
with the provision of the Local Government Code of 1991.

ENACTED, March 08, 2011.

 /(
Reg. Ord. No. 2011-222, Mar. 08, 2011 Page7

I hereby certify to the correctness of the above quoted ordinance.

ATTESTED AND CERTIFIED

TO BE DULY ENACTE . APPROVED:

/rot