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Internet Cafe For Minors

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Republic of the Philippines

Province of Bukidnon
City of Valencia
BARANGAY SAN CARLOS

OFFICE OF THE PUNONG BARANGAY


EXCERPTS FROM THE MINUTES OF THE 24 th REGULAR SESSION OF THE
SANGGUNIANG BARANGAY OF BARANGAY SAN CARLOS VALENCIA CITY,
BUKIDNON LAST DECEMBER 16, 2019 AT BARANGAY ADMINISTRATION
BUILDING, VALENCIA CITY, BUKIDNON.

Present:

Hon. Mariza T. Labe --------------------- Punong Brgy. /Presiding Officer


Hon. Junnie P. Gabucan --------------------- SB Member
Hon. Virgilio A. Labitad Jr. --------------------- SB Member
Hon. Jacqueline O. Caňete -------------------- SB Member
Hon. Lanel Jane E. Quintanes -------------------- SB Member
Hon. Willard O. Devila -------------------- SB Member
Hon. Geralyn C. Baliling -------------------- SB Member
Hon. Kennith Bert Q. Erazo --------------------- SB Member
Hon. Barry C. Denuyo -------------------- SK Chairman
Bae Marites M. Baclay --------------------- IPMR

Absent:
N-O-N-E

ORDINANCE NO. 08-S-2019

AN ORDINANCE REGULATING THE OPERATION OF INTERNET CAFES AND


PESO NET IN BARANGAY SAN CARLOS, VALENCIA CITY PROVIDING
SAFEKEEPING GUIDELINES FOR MINORS, AND PENALTIES
THEREFOR, AND FOR OTHER PURPOSES

Proponent: HON. GERALYN C. BALILING

EXPLANATORY NOTE

Whereas: computer education and information technology is the wave


sweeping every corner of the globe;

Whereas: the operations of this establishment have unsatisfactorily regulated


giving rise to internet pornography;

Whereas: entry of minors to internet cafes or computer rental shops/computer


gaming shops must likewise be regulated to prevent them from excessive playing of
computer games especially during school hours that can adversely affect their
performance in school.
NOW THEREFORE, on motion of Hon. Hon. Geralyn C. Baliling duly seconded by all
Sangguniang Barangay members present;

BE IT RESOLVED AS IT IS HEREBY RESOLVED, to pass the herein ordinance, thus,

BE IT ORDAINED by the Sangguniang Barangay of San Carlos in regular session


assembled, that;

ORDINANCE NO. 08-S-2019 Page No. 1


SECTION 1. Statement of Policy

It is hereby declared the policy of the Barangay Government of Barangay San Carlos to
regulate the operation of all internet cafés and Peso Net in Barangay San Carlos, in order to
protect the over-all welfare of minors who are regular patrons of internet cafés, and to
safeguard them against the harmful effects of excessive exposure to cyberspace which brings
the risk of “internet addiction”, which may further lead to decline of study habits and academic
grades, exposure to sexually-explicit materials, cyber-bullying, online gambling, and such other
cybercrimes detrimental to their educational, moral, physical and social well-being;

SECTION 2. Definition of Terms


As used in this ordinance, the following terms shall mean:

a. Internet Café — any place that has computers available for a fee to go online via the
Internet. For the definite purpose of this Ordinance, term “Internet café” shall be used to
mean all other business establishments offering Internet service for a fee, to include
computer gaming shops, computer rentals with internet, and the so called “Piso Net.”
b. Internet — a worldwide system of computer network linking smaller computer networks,
may it be commercial, educational and governmental. It is a limitless place to locate
information and entertainment from billions of web pages created by people and
companies from around the world.
c. Minor — refers to any person or individual under the age of eighteen (18) years old below.
d. Cyberspace — the interconnection of human beings through computers and
telecommunications, without regard to physical geography.
e. Pisonet/hulog-piso— a kind of internet café business which allows the user to rent a
computer in a per-minute basis, instead of the usual per hour rate, e.g., P1.00 per 4-6
minutes. This kind of Internet is mostly put up in front of residential houses.
f. Internet addiction — a term originated by British e-learning professor Nicholas Rushby
which refers to a compulsive behavior that interferes with normal living and causes severe
stress to family, friends, love ones and one’s environment. As such, “Internet addicts”
make the Internet a priority more than study, school activities, and even family and friends.
g. Cybercrime —refers to a crime in which a computer connected to the Internet is used as a
tool to commit an offense, e.g., child pornography, cyber bullying and online harassment.

SECTION 3. Coverage.
This Ordinance shall cover all business establishments operating within the territorial
jurisdiction of Barangay San Carlos, Valencia City, classified as internet café; to include any
enterprise with computer rentals offering access to internet, and all computer gaming shops,
“pisonets”, computer rental with Internet, and such other businesses which offer the
combination of both food and Internet.
SECTION 4. Safekeeping Guidelines for Minors
Owners/operators of Internet cafés and peso nets in Barangay San Carlos, Valencia City are
hereby mandated and given the responsibility to comply the following:

a. As basis for allowing or disallowing any minor to enter internet café, and use the
internet, they shall require valid IDs and class schedule;
b.  Prohibit minors from entering and using Internet café and/or peso nets during class
hours, Monday to Friday, starting from 7:00 o’clock in the morning to 5:00 o’clock in the
afternoon, unless accompanied by a parent or guardian, or other adult person having
the parental care and custody of the minor;
c.  Prohibit minors from entering and using Internet café and peso nets beyond 10:00
o’clock in the evening, at any given day of the week, unless accompanied by a parent
or guardian, or other adult person having the parental care and custody of the minor.
As such, owners, operators and managers of Internet cafes and peso nets are hereby
obligated to promptly
notify the barangay official, police station or social worker of the presence of minors in
the establishment during the prohibited hours or subject minors refuse to leave the said
establishment.
d.) Prohibit minors from entering, loitering or staying inside or within the premises of
internet café and/or peso net during class hours, Monday to Friday, and beyond 10:00
o’clock in the evening at any day of the week;

ORDINANCE NO. 08-S-2019 Page No. 2


d. They shall not abet any minor from entering, using and allowing him/her within their
premises on days and times herein deemed as prohibited.
e.  Post a clear copy of this Ordinance with a corresponding warning to the general public
as regards the implementation of this Ordinance; and
f.  Ensure that all of the above provisions are strictly complied.

SECTION 5. Responsibilities of Schools

a. Conduct information dissemination and announce during PTA meetings regarding the
implementation of this Ordinance;
b. Post a clear copy of this Ordinance to conspicuous places within the school’s premises,
for the information and reference of all concerned, especially the pupils and parents;
c. Monitor and initiate random checking of internet cafés and/or peso nets especially
those that are nearby or adjacent to the school’s location for any presence of minors
who are cutting classes and using Internet during class hours, Monday to Friday, from
7:00 o’clock in the morning to 5:00 o’clock in the afternoon;
d. Apply appropriate disciplinary action and counseling to minors enrolled in their
respective school found to have violated this Ordinance; and
e. Report/collaborate with authorized barangay officials, and concerned city officials with
regard to the effective implementation of this Ordinance.

SECTION 6. Empowerment of the Barangay as Lead Implementer.


The Barangay, under the leadership of the Punong Barangay, shall have the following powers
and functions:

a. Create and develop a Barangay Task Force intended for the effective implementation
and monitoring of this Ordinance.
b. Penalize owner/operator or manager of internet café found violating the provisions of
this Ordinance, as mentioned in Section 4 hereof, and issue a corresponding citation
ticket bearing the name of the owner of internet café, business name, address, the
specific violation committed, and the corresponding penalty. Any proceeds resulting
from such issuance of citation ticket shall accrue entirely to the Barangay Fund;
c. Cooperate with the concerned City Government Offices, officials, law enforcers and
schools for the effective implementation of this Ordinance;

SECTION 7. PENALTIES

a. Owners/operators and managers of internet cafés and/or peso nets found violating the
provisions of this Ordinance shall be meted with a penalty of Five Hundred Pesos (Php
500.00) for every minor found in their premises. Non-payment hereof will subject the
revocation of Business Permit and License to Operate and the closure of the
establishment.
b. A minor who is found violating this Ordinance shall be turned over to the Barangay
Social Worker for profiling, counseling and other appropriate actions thereof, the minor
shall be tendered over to his/her parents/guardians or adult person having parental
custody and care, or for the time being, to the Barangay Safekeeping Office for Minors.
In addition, a corresponding report shall be furnished to the minor’s teacher/principal
for appropriate disciplinary action and counseling.
c. Parental Liability. — Parents, guardians, or any adult having the care and custody of
the minor(s) found to be in violation of this Ordinance shall be proceeded against in
accordance with Article 59 and 60 of Presidential Decree No. 603 or the Child and
Youth Welfare Code.

SECTION 8. Repealing Clause.


All previous ordinances, rules and regulations inconsistent with this Ordinance shall be
deemed repealed or modified accordingly.
SECTION 9. Reparability Clause.

If for any reason any part or provision of this Ordinance shall be held unconstitutional or
invalid, other parts of provisions hereof which are not affected thereby shall continue to be in
full force and effect

ORDINANCE NO. 08-S-2019 Page No. 3


SECTION 10 EFFECTIVITY Clause

This Ordinance shall take effect thirty (30) days After its approved by the Sangguniang
Panglungsod.

ENACTED.

APPROVED.

I HEREBY CERTIFY that the foregoing Ordinance is true and accurate copy of the
Ordinance which was duly approved by the Sangguniang Barangay during the 24 th Regular
Session held on December 16, 2019.

Prepared by:

RONEL R. MALUNES
Barangay Secretary

Concurred by:

JUNNIE P. GABUCAN VIRGILIO A. LABITAD JR.


Sangguniang Barangay Member Sangguniang Barangay Member

JACQUELINE O. CAÑETE LANEL JANE E. QUINTANES


Sangguniang Barangay Member Sangguniang Barangay Member

WILLARD O. DEVILA GERALYN C. BALILING


Sangguniang Barangay Member Sangguniang Barangay Member

KENNITH BERT Q. ERAZO BARRY C. DENUYO


Sangguniang Barangay Member SK-Chairman

MARITES M. BACLAY
IPMR

ATTESTED BY:

MARIZA T. LABE
Punong Barangay

ORDINANCE NO. 08-S-2019 Page No. 4

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