SB ORDINANCE NO. 002-2017 AN ORDINANCE REGULATING THE OPERATION OF COMPUTER GAMING STATIONS, INTERNET CAFES, PISONET, PROVIDING FEES AND PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES. WHEREAS, internet or the computer based communication and information technology is undeniably the dynamic pillar of the merging information highway intertwining 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 access to internet pornography, and rampant rise to internet gambling and e xcessive 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 pornography and the likes, especially during school hours as this can adversely affect their e ducational 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 granted, 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 xxx xxx.”
NOW THEREFORE, upon motion of Hon. Nimrod V. Baladad jointly seconded by Hon. Urcesio C. Tobias, Hon. Rosilo V. Cuenca, Hon. Inocencio T. Amora and Hon. Sofronio R. Salas: Be it ordained by the Sangguniang S angguniang Barangay of Libertad in session assembled and by authority of the same, that:
SECTION 1. Title. – This Ordinance shall be known as Pisonet, Internet/Computer Gaming Stations Regulatory Ordinance.
SECTION 2. Purpose. – This Ordinance is intended for the following purpose, to wit: a. To regulate the establishment and operations of internet cafes, Pisonet computer gaming stations within the territorial jurisdiction of Barangay Libertad. b. To provide corresponding penalties for any violations hereof and prescribe procedures and guidelines for the implementation of this ordinance. c. To provide fees for the application of barangay clearance.
SECTION 3. Definition of Terms. – For the purpose of this Ordinance, the following terms are defined, thus: a. Pisonet – also known as “hulog -piso” is an arcade -style computer unit used as an internet or gaming vending machine. It is the contemporary with the earlier style of internet café.
b. Internet – a global computer network providing a variety of information and communication facilities, consisting of interconnected networks using standardized communication protocols. c. Computer Gaming Stations – refers to an establishment where you play on a computer or on a small portable piece of electronic equipment with two (2) or more computers connected on a local area network that exclusively offers whether online games or LAN games. d. Student – refers to children officially enrolled in any school or e ducational institutions.
COMMENT: The definition of terms provided is scarce. It is best to include definitions for LAN, surfing, internet cafes, and internet service provider (ISP).
SECTION 4. Regulations. – It is unlawful for Internet, Computer Gaming Stations, Pisonet Operators to violate the following rules:
COMMENT: The above provision is worded in passive sentence. When formulating provisions, it must be worded in an active sentence. For example, “All Internet Cafes, Computer Gaming Stations, Pisonet Operators or combinations of any of the said establishments shall abide by the following regulations” or “No Internet Café, Computer Gaming Station, Pisonet Operator or a combination of any of the said establishments shall violate the following regulations” or “Internet
Cafés, Computer Gaming Stations, Pisonet Operators or a combination of any of the said establishments are prohibited from violating the following regulations.” a. Minors are prohibited to enter the establishment from 8:00 a.m. to 5:00 p.m. Mondays to Fridays, except on Saturdays and Sundays, publicly declared holidays, summer vacation or with written consent of school authorities for research or accompanied with their guardians; b. The proprietor shall strictly implement SB Ordinance No. 04 -2008 imposing curfew for minors; c. No gambling inside the establishment; d. No person under the influence of liquor will be permitted to play;
COMMENT: Paragraph (d) seems to limit the prohibition only in individuals who will “play” in such establishments. One must not discount the possibility that persons under the influence of alcohol may still cause trouble even if they only meant to use the computer for internet surfing or non-gaming purposes. The said provision must be reworded in such a way that the prohibition will also cover those who were merely surfing the internet or using the computer for nongaming purposes, thus: “No person under the influence of liquor will be allowed to enter the aforesaid premises.” e. No person carrying of any deadly weapon inside the establishment shall be allowed; f. Shouting or applauding is prohibited; g. Proprietor must seek permit to the Office of the Punong Barangay for online tournament;
COMMENT: The reviewer is at a loss as to the purpose and legal basis of the above measure. It is best to determine from the author/s the purpose of this measure especially that the Local Government Code does not explicitly require business operators to seek permit from the Punong Barangay in the event of online to urnaments. h. Establishment to operate from 8:00 a.m. to 12:00 midnight except for compelling reason but not beyond 2:00 a.m. of the following day; i. Opening pornographic sites is strictly prohibited;
COMMENT: This regulation is a bit soft on anti-pornography measures. In fact, the proprietor would not have extra time to inspect each user ensuring that they do not open these porn sites considering the incredible amount of internet/computer users per day. I suggest imposing a measure that will require internet/computer gaming/Pisonet operators to install appropriate programs and software that prohibit access to pornographic website. There are several programs and software that block access to these websites and they can be easily downloaded in the internet. Furthermore, it should be the duty of the proprietor to impose these measures among their users. j. The proprietor shall post billboards, tarpaulins of their business name outside the establishment; k. No selling of liquor or any intoxicating beverages and cigarettes inside the establishment; l. Establishment should have proper ventilations; m. Must have CCTV camera; n. Establishment should implement proper w aste disposal; o. The proprietor should not allow any person to use dangerous drugs inside the establishment; p. The establishment should provide fire extinguisher.
COMMENT: There are Ordinances originating from other cities, municipalities and barangay that also prohibit internet café/computer gaming users from performing 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. It would be most recommended to include it as one of the proposed regulations especially to those internet cafes who install separating cubicles per computer unit which is a frequent medium for such prohibited activity.
SECTION 5. Exemption. – Any educational institutions, private homes, corporate entity using internet through an internet service provider (ISP) for purposes other than the aforementioned business offered to the public shall not be covered by this Ordinance.
COMMENT: This Section shall not be taken to mean as an exemption, but rather a Section pertaining to “ Coverage”. If this Section shall be taken to mean as an exempting provision, then it implies that “any educational institution, private home, corporate entity using internet” shall be exempted in all proposed regulations mentioned under Section 4. For
example, to construe herein Section as an exempting provision would mean that the aforementioned entities are exempted from using dangerous drugs inside the aforesaid e stablishments, as Section 4 (o) would seem to provide.
SECTION 6. Fees. – The Proprietor shall pay the amount of Php 250.00 for barangay clearance for the first five (5) units and additional Php 50.00 per unit thereafter.
SECTION 7. Penalties. a. First Offense – Five Hundred Pesos (Php 500.00) b. Second Offense – Seven Hundred Fifty Pesos (Php 750 .00); and c. Third Offense – One Thousand Pesos (Php 1,000.00) and revocation of barangay clearance and closure of the establishment.
COMMENT: The prescribed amounts in the graduated scale of penalties provided in Section 7 is VALID pursuant to Article 101 (a) (14) of the Local Government Code which provides that “prescribe fines in violation of barangay
ordinances shall not exceed One Thousand Pesos (Php 1,000.00).” Furthermore, it is within the power of the barangay to revoke said barangay clearance in view o f such violation.
SECTION 8. Enforcers/Implementors. – The Barangay Officials, PNP, Barangay Tanods, Peacekeeping Officers and School Principal shall implement this Ordinance.
COMMENT: It is recommended to include a provision that mandates regular inspection in these establishments if only to ensure that these regulations are religiously followed.
SECTION 9. Separability Clause. – If any provision of this Ordinance is declared invalid, the remaining provisions hereof not affected by such declarations shall rem ain in full force and effect.
SECTION 10. Repealing Clause. – All Ordinances, resolutions and other issuances or parts thereof inconsistent with the provisions of this Ordinance are hereby re pealed, amended or modified accordingly.
SECTION 11. Effectivity. – This Ordinance shall take effect upon review by the Hon. Sangguniang Panlungsod of Butuan and after three (3) consecutive weeks that a copy of it is posted in the Bulletin Board of the Barangay Hall and in two (2) other conspicuous places in Libertad.
Reviewed by: Clark Lim
