CHAPTER I THE PROBLEMS AND ITS BACKGROUND

INTRODUCTION
Anyone who is living in a community is under a municipality. Millions of computers are
being produced and most of it is used in a business called Internet caf or computer
shops:

Computers have touched every part of our lives: the way we work, the way we learn, the
way we live, even the way we play. It almost is impossible to go through a single day
without encountering a computer, a device dependent on a computer, information
produced by a computer, or a word that was introduced or whose meaning has changed
with the advent of computers. Because of the significance of computers in todays
world, it is important to be computer literate. Being computer literate means you have
knowledge and understanding of computers and their uses. But engaging too much to
these types of gadgets has limitations. Addiction to these networks will surely bring a
negative impact to someone, thats why many ordinances are being implemented to
many cities and towns.

Computer is evolving and it is attracting more people specially the youth. It brings
negative result towards them in so many ways. Computer shop owners cant handle the
being said results for some reason such as high demand will bring more profit to them
and Ignorance of the law. Therefore, this business research about the ordinance of the
computer shops in Mandaluyong city is recommended, specifically to those who are in
the City and to those who are planning to put up a business, computer shop, inside the
city.
THEORETICAL/CONCEPT FRAMEWORK

This study used the schematic diagram which showed the interconnections between
input,process and output. The input showed the ordinances for computer shops
implemented in Mandaluyong City based on the subject of the research-survey. Next is
the process which illustrated that there is a survey to be conducted by using
questionnaire which served as the primary instrument to gather relevant data regarding
the compliance on ordinances among computer shops that are being implemented
which will be used to see the convenience of the ordinances by analyzing and
interpreting the gathered data which will distinguish the significance and the compliance
of the computer shops to the ordinances among computer shops that are being
implemented. After that is the output which showed the primary cause of the research-
survey and that is the level of the compliance on Mandaluyong City ordinances among
computer shops. An arrow used to shows the continuous cycle that includes feedback
of the whole research which serves as a guide that after the output, another line drawn
looking upward. This will be the indication to another process of research which is
connected and significant in this study to pursue and support another research in the
same academic endeavor.
RESEARCH PARADIGM
INPUT

ORDINANCES FOR COMPUTER SHOP

Computer Shops in the Mandaluyong City

PROCESS
Acquisition through survey, analysis and
interpretation of data

OUTPUT
The Level of Compliance on Mandaluyong
City ordinances among Computer Shops
STATEMENT OF THE PROBLEM

This study aimed to find out the level of compliance on Mandaluyong City ordinances
among computer shops. Specifically, the researchers sought to answer the following
questions:
1. What are the ordinances implemented in Mandaluyong City for computer shops?
2. What is the level of compliance of computer shop owners toward the ordinances
implemented for computer shops in Mandaluyong City?
3. What are the factors or common causes for non compliance of the respondents?
4. How to implement these ordinances effectively to achieve the level of compliance
being targeted?
5. In what way does this ordinance become effective and efficient?

Computer plays a significant role in the society. It helps people to do work efficiently,
and to communicate even in a long distance. Now a days people dont think much
before clicking or posting unnecessary things that could lead them to what we called
cyber crime or cyber bullying. Governments are implementing many ordinances or
laws to lessen or avoid many unnecessary things and also for the youth to focus on
their priority as a student.
SIGNIFICANCE OF THE STUDY
Computer renters may help to have additional knowledge on the rules and
rights in renting in computer shop.
Computer shop owners will help them to be informed regarding on the
ordinance of the city where their business is. And also to be able to not violate it.
Government the study may propose a systematic process on how to sustain,
develop and improve the ordinances implemented for computer shops.
Future researchers they may use the result of this study as a source in
conducting studies about computer shop ordinances.
Students students may find this study helpful for them to understand and to be
more educated regarding the different ordinances imposed for computer shop
SCOPE AND DELIMITATION
This study focuses only on ordinances for computer shops in Mandaluyong City. The
data gathered in this study is within 2011-2017. The delimitation at the study is within
ordinances implemented in Mandaluyong City.
DEFINITION OF TERMS

Computer
-is an electronic device used to access an internet.
-is a device that can be instructed to carry out arbitrary sequence of arithmetic or logical
operations automatically.
-
Ordinance
-law, rules and regulations set by towns or cities
- A piece of legislation enacted by a municipal authority.
- An authoritative order; a decree.
Internet Caf
-a place where electronic communications where communication networks connects
- Another term for cyber cafe
-Is a place which provides Internet access to the public usually for a free? These
businesses usually provide snacks and drinks, hence the caf in the name.
Compliance
-the act of doing what is being asked to you
- The action or fact of complying with a wish or command.
Implementation
-to begin something to do
- The process of putting a decision or plan into effect; execution.
Application (Software Application)
-these are the icons or apps found inside the computer
-A computer program that is designed for a particular purposed
E-mail
-Another way of sending a message to other person, not personally.
- Messages distributed by electronic means from one computer user to one or more
recipients via a network.
Surfing
- Another term for browsing or searching using internet
-The activity of spending time visiting different websites on internet
Cyber Crime
-crimes committed which was related to the use of computers
- Criminal activities carried out by means of computers or the Internet.
Systematic
-work was done according to a system or method
- Done or acting according to a fixed plan or system; methodical.
CHAPTER II
REVIEW OF RELATED LITERATURE

This chapter presents reviews of different literatures from which empirical

evidences significant to this research are drawn. The reviews are presented to fully
understand and strengthen the foundation of this study.

According to the article made by Tuklasin Natin(2012), students in Quezon City,

both in the elementary and high school levels, are now banned from entering any
computer shops during class hours. This ordinance regulates the operation of internet
cafes or computer rental shops in QC. Students who will be doing research and school
work will only be allowed entry to these establishments between 4 o'clock in the
afternoon and 11 o'clock in the evening. As provided under this ordinance, computer
shop owners are also required to check the IDs and class schedule of the students to
ensure strict compliance with its provisions. The ordinance, signed into law by Mayor
Herbert Bautista on August 29, is principally authored by District IV Councilor Racquel
Malangen. "Entry of minors to internet cafes or computer rental shops must be
regulated to prevent excessive playing of computer games especially during school
hours, which, according to recent studies, has an adverse effect on the student's
performance in school," Malangen said. Under this ordinance, it also prohibits internet
pornography and on-line gambling in all internet cafes or computer rental shops
operating in the city. The city requires computer shop owners to install filtering software
and provide adequate standard lighting of the interior premises to allow a clearer
outside view of the individual computer monitors. The city government will be imposing
penalties on erring establishment owners ranging from P2, 000 to P5, 000 and possible
suspension or revocation of business permits and license. Any person performing any
lewd or pornographic act in violation of Section 4 (a) of the ordinance shall be penalized
by a fine of P3, 000 without prejudice to the filing of appropriate action in court.
Meanwhile, erring students shall be subjected to proper disciplinary action with the
report of the violation to be furnished to the office of the school principal. When there is
probable cause to believe that the parents or guardian induced the minor to engage in
internet pornography, the city's social services development department shall
temporarily assume parental custody and authority. The QC Police District, department
of public order and safety and barangay governments, in coordination with the city's
business permits and licensing office, engineering department, social services
development department and the division of city schools, shall oversee the
implementation of the ordinance. The implementing rules and regulations necessary to
implement the ordinance shall be formulated by the office of the city mayor.

Calleja, (2012) Marikina City government asked the computer shops owners to
implement ban on students during their school hours and they are also banned from
entering these establishments after curfew (between 11pm and 4am) unless
accompanied by a parent ir guardian. Mayor Del de Guzman also conducted to the city
government for the inspections on computer rental shops for the ordinance that
implemented. The ordinance also requires students who enter Internet cafs or
computer rental shops to present identification card and their class schedule (Ordinance
No. 44, series of 2006).

The Makati City government (2016) is sustaining its tight and strict regulation and
monitoring of gaming and computer shops which are frequented by young clients and
school children. The said ordinance prohibits the operation of network gaming and other
similar establishments within 100 meters of any education or religious institution. I call
on parents and officials of our schools and barangays to be vigilant. We need to ensure
that Internet-related facilities in their neighborhoods are strictly observing the ban on
elementary and high school students inside their premises during school hours, Makati
City Mayor Marilen Abigail Abby Binay said. She encouraged residents to report
violations to her office or through Makatis Face book page MyMakati.

Jonathan Hicap (2017), Elementary and high school students, and youth can
only spend a very limited time in computer shops in Muntinlupa. The Muntinlupa City
Council has passed Ordinance 17-044 that restricts the use of computer shops by these
students and requires owners including those non-commercial establishments such as
homes that rent out computer units, to regulate the scope of operation. Under the local
law, elementary students can only stay for one hour while high school students can
spend up to three hours in computer shops in the city. College students are allowed to
rent computers without any time restriction. The ordinance also prohibits computer
shops from operating for 24 hours daily. They are only allowed to be open from 7 AM to
2 AM. Minors will be allowed in computer shops until 9 PM unless they are
accompanied by parent under whom they can extend their stay up to 2 AM. Computer
shop owners are ordered to implement an age bracket limit to allow only high school
students and above to access war and violent games.

Owners or Operators caught violating the ordinance will be fined P1, 500 and
their computer units will be confiscated for the first offense. A P3, 000 fines and
confiscation of units will be imposed for the second offense, and P5, 000 fine and
revocation of License and Permit to operate will be done for third offense. Mayor Jaime
Fresnedi said that the ordinance aims to promote the well-being of the youth.

MATINA Crossing barangay chair Angela Librado Trinidad (2016) called a

meeting after the barangay council received information from school officials around the
area that there were Internet shops who allow students to visit pornographic sites.
Barangay councilor Reynaldo Cabionas told that the operators may be aware of the
ordinance, the shopkeepers may not be. The ordinance imposes a curfew for minors
starting 10pm to early morning and prohibits the access of minors to the establishment
during school hours unless accompanied by a guardian and it also requires the operator
of computer shops to install programs that would block access to the porno sites
through filters and cybernanny applications. Quillos, who authored the amendment, said
piso-net units have been mushrooming all around the city, which make it difficult for law
enforcers to monitor. She also added that the barangay councils will also be mandated
to monitor computer shops within their jurisdictions to see if there are minors using
computers during class hours or from 10pm to 8am. Violators will risk their accreditation
papers from the Internet Cafe Accreditation Board (ICAB). Internet cafes will also have
at least one bathroom each. The first ordinance first passed in 2004, fines violators with
a maximum of P5, 000 or revocation of business permits.
SYNTHESIS

This study reveals the computer shops ordinance that has been implemented in
Mandaluyong City and other cities. People who are benefited by this City ordinance
about computer shops are students, users, and computer shop owners. Prohibiting the
minor students to enter these establishments during their school hours. Except In their
vacant or free time to make any research or school works. Therefore, minor students
are requiring to present their ID (Identification card) and class schedule to the owners or
managers of Internet cafs, computer shop rentals and computer gaming centers,
student who violates will have to show their parents or guardians. Minors are also
prohibited to enter the premises during curfew time (11PM-4AM) unless they are
accompanied by their parents or guardians but if they violate, the parents or guardians
should pay Php 1000 or else the parent or guardian should render 4hours community
service.
CHAPTER III
RESEARCH METHODOLOGY

This study conducted exploratory and descriptive research on the creation of a

specific information to gain understanding about the compliance of computer shops to
city ordinances.
Sources of Data and Data Collection Activities
This section discusses the sources of data, the techniques to collect the data,
and the data collected.
The study used two techniques to collect data:
First is documentary evidence like journals, published newspaper and and even the
law regarding to the city ordinance of Mandaluyong in computer shops.
Second is the guided questionnaire with participants who are managing computer
shops in Mandaluyong.
To give an indication of the mass of data produced in the course of the study, the
following summarizes the data collection events and the resulting data.
Documentary Evidence: Nearly 15 articles about City Ordinance are used to
this study with approximately 5 articles coming from journals. Most of these were
summarized and analyzed.

Guided Questionnaire: Four categories are included in the questionnaire

involving 30 individuals who answer in the interview.

Most of the data collection focused on answering the compliance of computer

shops to the mandaluyong ordinance. If they have the necessary papers to build up
their business and the disadvantage and advantage of ordinance to their business
 RESEARCH DESIGN

LITERATURE
QUESTIONAIRE
REVIEW

OBSERVATION

Data Data
Synthesis Collection

QUESTIONAIRE DOCUMENTARY
EVIDENCE

Final Report
Data collection, data reduction, and data analysis- The researcher collected data
sufficient to address the studys three research questions by using multiple methods of
data collection and multiple sources of evidence.

Final report- The researcher compiled the results of all study activities into this
Document
Draft Ordinance no. 785: AN ORDINANCE REGULATING THE ESTABLISHMENT
AND OPERATION OF INTERNET CAFES, COMPUTER RENTAL SHOPS OR CO
May 16, 2011 at 1:13pm
Republic of the Philippines
City of Mandaluyong

Draft Ordinance no. 785

AN ORDINANCE REGULATING THE ESTABLISHMENT AND OPERATION OF

INTERNET CAFES, COMPUTER RENTAL SHOPS OR COMPUTER GAMING
CENTERS IN MANDALUYONG AND PROVIDING PENALTIES FOR VIOLATION
THEREOF
_________________________________________________________

Principal Author: HON. AYLA ALIM

Co Sponsors: Couns: S. Servillon, J. Garcia, P. Gahol, M. Ocampo
_________________________________________________________

Be it ordained by the Mandaluyong City Council, THAT:

Section 1 The establishment and operation of internet cafes, computer rental shops
or computer gaming centers in Mandaluyong City is hereby regulated by the City
Government and provides penalties for violation thereof.

Section 2 Definition of Terms:

a.) INTERNET - a vast computer network linking smaller computer networks

worldwide. It includes commercial, educational, governmental, and other networks, all of
which use the same set of communications protocols.

b.) LAN (Local Area Connection) refers to a group of computers with association
devices that share a common communication line and typically share resources and
data within a small geographic area.

c.) SURFING refers to the act of exploring a sequence of web sites in a random or
unplanned manner.

Section 3 Coverage. This ordinance shall cover the following:

a.) Any business with more than one (1) computer unit, offering for a fee, services
including but not limited to electronic mail, games, chatting, surfing, research and other
services which requires the use of computers and access to the internet. These
establishments are classified as internet cafes, computer rental shops or computer
gaming centers.

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 the internet such as cyber cafes, arcades lounges and other
similar establishment.

Section 4 CLASSIFICATION OF COMPUTER SHOPS. Computer shops are hereby

classified as follows:

a.) INTERNET CAFES - is a place where one can use a computer with Internet
access, most for a fee, usually per hour or minute; sometimes one can have unmetered
access with a pass for a day or month, etc. It may serve as a regular caf as well,
with food and drinks being served.

b.) COMPUTER RENTAL SHOP refers to a business establishment with two

(2) or more computer units that offers internet services, typing, printing, services and
gaming shop or centers.

c.) COMPUTER GAMING SHOP OR CENTERS refers to an establishment

with two (2) or more computers connected on a local area network that exclusively
offers wither online games or LAN games.

Section 5 REQUIREMENTS. In securing a business license any person who shall

establish and operate an internet caf, computer rental shop or computer gaming center
are required to submit the following documents to the Bureau of Permits:

a.) Barangay Clearance

b.) Residence Certificate
c.) Sanitary Permit from the City Health Office
d.) Fire Safety Clearance from the Bureau of Fire Department
e.) Contract of Lease, business permit of lessor (if leased)
f.) Other documents as may be required by the bureau

Section 6 BUILDING SPECIFICATIONS. Internet cafes, compter rental shops or

gaming centers must comply with the following business spefications:

a.) Proper ventilation (as may be specified by the City Engineer Office).
b.) The front wall panel must be transparent and must be free from any obstruction to
allow a clear view of the interior of the establishment.
c.) Adequate lighting both inside and outside of the establishment.
d.) No enlosed cubicles.

Section 7 PROHIBITED ACTIVITIES. The following acts are hereby prohibited

among customers of any of the classification of computer shops mentioned in Section 4
hereof.

a.) Perform any sexually-related acts in front of the computer video camera, camera
equipped-mobile phones, webcam and other similar devices either for free or for
consideration, promise or reward.

b.) Surf the internet in websites containing pornographic and lewd materials and other
sites that promote prostitution is likewise prohibited.

c.) Produce, distribute and transmit images or visual representation depicting the
above-cited prohibited acts in (a).

d.) Use, consume or trade prohibited drugs, intoxicating beverages, cigarettes within
the premises.

e.) Gamble on-line or bet among customers inside the premises.

f.) In the case of students of minor age, the following acts are likewise prohibited:

f.1) Enter the establishment wearing school uniform except those who will
be doing research/school works in internet cafes or computer rentals shops during
vacant/ free school hours.

f.2) Enter the premises during school hours except students who will be
doing research/school works in internet cafes or computer rental shops during vacant
period. Computer gaming shops are strictly prohibited from allowing the entry of
student during school hours.

f.3) Enter the premises without identification cards (ID) and class schedule
duly issued by the Registrars Offices.
g.) For both students and out-of-school of minor age, entering the premises from
11:00PM to 4:00AM is likewise prohibited except when accompanied by a parent or
guardian.

Section 8 DUTIES AND RESPONSIBILITIES OR OWNERS OR MANAGERS OF

INTERNET CAFES, COMPUTER RENTAL SHOPS OR COMPUTER GAMING
CENTERS. Owners or managers of internet cafes, or computer rental shops or
computer gaming centers are mandated to undertake the following measures in their
operations:

a) Ensure strictly that customers comply with Section 7 hereof. The IDs and
class schedules of students (minors) must be checked as basis for
allowing/disallowing to enter the premises.

b.) Display necessary warning against access to pornographic and on-line

gambling sites, INTERNET PORNOGRAPHY AND ON-LINE GAMBLING ARE
PROHIBITED.

c.) Install filtering software to remove access to all pornographic and on-line
gambling sites.

Section 9 - REGULAR INSPECTION. The inspection team composed of

representatives from the Bureau of Permits and the Mandaluyong Police District shall
conduct regular inspection of the above-mentioned establishments during their business
hours to ensure compliance with the ordinance. The inspection team shall recommend
appropriate measures to be applied to the violation.

In case of complaints received from any concerned citizen against the business
establishments mentioned, the inspection team shall act within seven (7) days and
submit a report to the local chief executive not later than fifteen (15) days from their
inspection.

Section 10 PENALTIES. The following are the penalties /for the violation of this
Ordinance.

a) Owners or managers of internet cafes, computer rental shops or

computer gaming centers shall be penalized by a fine of P5,000 for violation of
any of the provisions of this Ordinance. Revocation of business permit and
license to operate and closure of the establishment shall be meted to violators for the
third offense. Renewal will only be granted upon compliance with all the provisions
of this Ordinance.
.
b) Any person who shall perform any of the following acts under Section 7,
(a) shall be peanlized by a fine of P5,000.00 without prejudice to the filling of
appropriate action in court. Provided that, in case the performer of the act is a
minor, he/she shall be considered as a youthful offender pursuant to Presidential
Decree 603 otherwise known as The Child and Welfare Code of the
Philippines and shall be placed under protective custody as provided in the said law.
c) Minors who shall violate Section 7 (f) shall be turned over to their
parents/guardians.
d) Minors who shall violate Section 7 (g) shall be penalized by a fine
of P1, 000.00 to be paid by the parents or guardian pursuant to Article 2180, paragraph
1 of the Civil Code of the Philippines. In case of incapacity to pay the fine, the
parents or guardian shall render four (4) hours of community service.

Section 11 IMPLEMENTING RULES AND REGULATIONS. The Office of the Mayor

shall formulate the necessary Implementing Rules and Regulations for the efficient
implementation of this Ordinance.

Section 12 SEPARABILITY CLAUSE. If any of the herein section or part of the

Ordinance be declared as unconstitutional or invalid, other provisions which are not
affected thereby shall be continue to be in force and in effect.

Section 13 REPEALING CLAUSE. All other existing resolutions, ordinances or rules

which are inconsistent with the provisions of this Ordinance are hereby repealed or
modified.

Section 14 EFFECTIVITY. This ordinance shall take effect upon its approval and with
the dissemination of this ordinance to all concerned agencies including all private and
public schools in Mandaluyong City.