AN ORDINANCE REGULATING OPERATION OF INTERNET

CAFES OR COMPUTER RENTAL SHOPS/COMPUTER GAMING

SHOPS/PISONET IN THE MUNICIPALITY OF TINAMBAC AND
PROVIDING PENALTIES FOR VIOLATION THEREOF.

WHEREAS, Section 16 in relation to Section 447 (4)

(iv) of the Local Government Code of 1991 provides that,
"Every local government unit shall exercise the powers
expressly granted those necessarily implied therefrom,
as well as powers necessary, x x x”
"The Sanggunian bayan, as the legislative body of the
municipality shall enact ordinances x x x for the general
welfare of the municipality and its inhabitants x x x, and shall.
x x x'

(iv) Regulate the establishment, operation and

maintenance of cafes, restaurants, beerhouses, hotels,
motets, inns, pension houses, lodging houses, and
other similar establishments x x x;"
WHEREAS, computer education and information
technology is the wave sweeping every corner of the globe;
WHEREAS, the globalization trend manifests
worldwide advances in information technology evident by the
abundance of internet establishments throughout the country;
WHEREAS, the operations of these establishments have
been unsatisfactorily regulated giving rise to internet
pornography;
WHEREAS, entry of minors to internet cafes or computer
rental shops/ computer gaming shops/ Pisonet must likewise be
regulated to pæven.t them from excessive playing of computer
games especially during school hours that can adversely affect
their performance in school.
NOW THEREFORE, BE IT ORDAINED, AS IT IS HEREBY ORDAINED
by the Sangguniang Bayan of Tinambac, Camarines Sur in its regular
session duly assembled that:
 SECTION 1. Municipal Government of Tinambac hereby
regulates the establishment and cpemtion of injernet cafes or
computer rental shops/ computer gaming shops in Quezon Qty
and pmvides penalty for violation thereof
SECTION 2. As used in this Ordinance, the following
terms shall mean as follows:
a. COMPUTER RENTAL SHOP refers to any
establishment engaged in the business of
renting out more than one computer, whether or
not with connection. to the internet.

b. CLASS HOURS — refers to the required time

period for classes in any given school day that
has to be attended by the student as prescribed
by the school
c. — refers to any natural or juridical
entity.
d MINOR- refers to a person below eighteen (18)
years whether or not enrolled fir schooling.
e. INTERNET — refers to the worldwide system of
computer networks in which a user at any one
computer can directly get information from any
other computer in the network.
f. INTERNET PORNOGRAPHY refers to the
visual representation or images showing
prohibited acts mentioned in Section 4 (a)
hereof if through any of the electronic devices
or means, with the end in view of satisfying the
lust or sexual desire of another, æwtM.iess of
geographic location, inüd.ing but not limited to
the Niøu.'ing: digital camera, camera equipped
nubile phones, webcam or similar Widgets.
g. WEBCAM — refers to a video or digital
camera, usually attached directly to a computer,
designed to take phot.cwuphs or images and
transmit them oær the intemet.
h. LAN (Local Area Connection) — mfers to a group
of mmputers with assodated devices that share a
annmon communication line and typically share
resources and data within a small gewmphic aæa.
i. mRNOGRAPHIC SITE to a website with display
or emtic behavior intended to cause sexual
excitement.
 j. SATANIC SITE — refers to the
sinister, devilish, wicked, evil and
fiendish web site on the intemet.
k VIOLENT SITE — reft'* to a web site on the
internet which downloads bmtal, fin-ious,
vicious, and fir-ceftl materials.

l. SURFING — to the act of a of

web sites in a mndnm or unplanned manner.

SECTION 3. The Ordinance shall the follm»ing.•

a. Any business estabEshment with more than one

(1) computer unit, offering for a fee, services
including but not timited to e-mail, garne, chatting,
surfing, research and other services which æquiæs
the use of computers and acæss to the internet.
These business establishments are dassified as the
intemet ca#s or mynputer rental shops/con-puter
gaming shops.

b. Other business establishments whic*e offer a

mmbination of serviæs as food and internet,
æcreation and other similar business fiasions
requiring the use of computers and access to the
internet, such as cyber café, arcades lounges
and other similar estabfishments.

SECTION 4. The following acts are hereby pmhibited

among customers inside the internet cafes or mmputer rental
shops/ wmput.er gaming shops.
a. or exhibit in fmnt of a digital aunem, computer
video carnem, azmem equipped-mobile phones,
webcam and the tike, anv ofthe following acts,
 either for free or fir consideration, promise or
teward:

a. 1 Adual or sinudated sexual intercourse,

induding genital-genital, orat-wnital,
anal-genital, or omZ-annZ, whether
between same or opposite sex.

a. 2 Bestiality (eexual relations with an

animal) a, 9 Masturbation
a. 4 Sadistic or masochistic abuse
a. 5 Use of vibmtor or any instrument w
%ææ the genitals, breast or pubic area
of any person is exiübited.

a. 6 Watching somebody perfonning

adivities fmm (a. 1) to (a. 5)

a. 7 Other activities which are of similar nature.

b. Surf the in.temet at websites which confain
ponuvmphic or lewd materials, satanic/ violent
materials or those that adæÆse or promote
pmstitution is likewise prohiEited; and

c. Proüæ, distribute, and transmit images or visual

repæeentation depicting the above-cited
pm*übited ads in (a)
d. Use, consume or trade pmmbited drugs,
intoxicnting liquor/ beverages agaættes within
the premises.

e. Gamble on-line and/or bet arnong customers

inside the premises
56th Regular
Ord. No. SP- ,s-2012
102011-182
f. In the case of "*dents or minor age, the following
ads aæ likewise pmhimed.•
f 1 No student belonging to the elementary
and i•ügh school levels shall be allmued to
enter the premises of any mmputer rental
shop during class hours fim Monday to
fridav;
f.2 Minors and/or students who wilt be doing
research work/ school work in internet or
computer rental shops shall be allowed only
between the houm of 4:00 0'clock in the
aftemoon and 11 :OO "'dock in the evening.
SECTION 5. Owners/prptietors/manawrs of intemet mfes
or c•omputer rental shops/ cornputer gaming shops am mquiæd
to perform and undertake the following measures in the
operation:
a. Ensuve stridly that a.zstomers mmply with Section
4 of the OMinance. The I.Ds. and class schedule of
students (minor) must be checked as basis for
anou.'ing/disaiiowing them to enter the premises.

It shall not be a defense the ozoner, proprietor,

manager, partner and attendant that he/she did
not know or was not aware of the real age of the
minor. Neither shaU it be a defense that he/she
did not nor had any mason to betieve that the
minor is the one using the computer in an
instance amornpanied by an adult.
b. =Post a signaæ at the entrance of their premises
with the oriented words "ELEMENTARY AND
HIGH SCHOOL SIVDEM'S ARE NOT
ALWWED DURING CLASS HOURS'
No,
 c Display necessary waming against aayss to
pornographic and online gambling sites,
"IM'ERNET R)RNOGRAPHY AND ON-LINE
GAMBLING ARE PROHBITED"
Install fiåering softwaæ to remove acæss to all
pornzwmphic and on-line gambling sites.

e. Provide trunspaæncy on the frontage of such

establishments, as welt as adequate standard
lighting of the interior premises to allow
unimpeded outside view of the indviduat
æmputer monitors.
SECTION 6. The inspedion team, composed of
æpresentative from the Business Permits and Licensing ODice
(BPLO) and the P*ütippine National R)äce-Quezon City
(PNPQuezon City), shall conduct regular inspedion of abozæ
mentioned establishments during their business hours to ensure
cnmplian.ce with t}üs Ordinaru:p. The inspection team shall
remmmend appropriate measures to be appåed on the
establishment for the violation of the Ordinance.
In case of cnrnpZaints ææiæd from. any mneemed
citizen against an intemet (üfes or computer rental shops/
mmputer shops, the inspedion team shall ad wit%ün
(5) days and submit a repo" to the local not later than ten (10)
days fmm the first
SECTION 7. following are thw penalties for the violation.
of this Ordinance:
a. First Offense — Oumers/pmprietors/ma.narrs of
intemet azfes or computer rental shops/ computer
gaming shops or centers shall penalized by a fine
of 'Ibo Thousand (P2, 000) for violation of any of
the provisions of this Otdiruznce, without
prejudice to the filing of appropriate action
56th Regular
Ord. No. SP- ,s-2012
102011-182
in court for violation oft}üs Ordinanæ and other

laws.
56th Regular
Ord. No. SP-
'02011-182

9012

b. Offense- Owners/proprietors/ managers of internet

cafes or computer rental shops/computer gaming
shops or centers shall be penalized by a fine of 'IT-
wee mousand Pesos IP3,ooo.00) for violation of any
of the provisions of this Ordinance, and suspension
of the business permit of the erring establishment for
a period not exæeding one (1) month, wit*wui
prejudice to the filing of appropriate adion in court
violation of this Ordinnnce and other laws.

c. Third Offense- Owners/pmprietors/managers of

infernet cafes or corn.puter rental shq»s/computer
gaming shops or cen%ers shall be penaåzed by a

fine ofAve 'Thousand (X, 000.00) for violation of any

of the provisions of this Ordinnnæ, without prejudiæ
to the fifing of appr:priate adion in court for
violation of this Orånaruy and another laws. In
addition, revoætion of business permit and license to
operate, and closuæ of the establishment shan be
meted to violators.

d. Any æ•gon who shall perform. any of the following

ads under Section 4 (a) shall be penalized by a fine
of Three Thousand Pesos (P3,000.OO) u,ähout
prejudice to the filing ofappropriate action in court.
56th Regular
Ord. No.
e. Minors who shall violate 4 (f) shall be turned-oær to
their parent/guarüzns. A report of the violation shall
be fumished to the school principal for erring
students (minors) for proper msciptinary action.

Ssyivx sp- L ,S-

2012
Page-9- R)2011-182

SECTION 8, When there is probable cause to betiezæ that

the mother, fi:zther, or guardian induæd the minor to in internet
pornngmphy, the of Welfaæ and Development-
Quezon City (DSWD-Quezon City) shall temporarily assurne
the æstody and parental authority over the minor.
SECTION 9. Any material containing the lewd exhibition
shall be destroyed by the members of PNP-Quezon City in the
presence of represenfatizæ _from the City Mayor's Offce. The
equipmenl used in the prod.wtion,/shnwing/printing of obscene
and pornogmphic material shall be confiscated and used as
evidence in court. Disfx»sition of materials or equipmen.t shall
be determined by the court.
SECTION 10. 'I'he Phiäwne National mice Quezon City
(PNP-Quezon City), Department of Public Order and Safety, and
Barangay Governjnems, in coordination with the Business
Permit and Licensing Offæ (BPLO), the Engineering
Department, the DSW'D-Quezon City and the Department of
EducationQuezon City (DepEd-Quezon City), shall implement
this Ordinance.
SECPION 11. Ofice of the City Mayor shatt
formulate the necessary Implemenflng Rules and
Regulations for the encient implementation of this
56th Regular
Ord. No.
SECTION 12. Any ormnance or provision thereof; rules
ann regulations and other issuances not consistent with this
(Hinance is heæby modified, amended and/ or repealed
awordingly.

SECTION 13. Iffor any reason or reasons, any pan of this

Ordinanrz shall be held unconstitutional or invaEd, other parts
or pmvisions thereof not affected shall continue to be in force
and effed.

zlS
• Swigrx
SP- I O ö ,S-2012
}02011-182

SECTION 14. Thd8 Ordinanæ

shatt (30) days after the appmz.ul mneerned,
and issemina n inauding all private
and public school in zon

ENACTED: May 14, 9012.

LUDOVICA
RANUL Barangay
President, Li and Ex-Officio
Member
Acting Preüiing Officer
56th Regular
Ord. No.
A TIESTED:

Atty.
City

by the
ms is to certify thnt this Ordinanæwas
aty Council on Second Reading on May 14, 2012 and ums
PASSED on n•ürd/FinaZ Reading on May 21, 2012.

Atty. JOHN THOMAS ALFEROS 111

City Govt. Asst. Dept. Head S•