2005 Ord No. 78

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON OCTOBER 26, 2005, AT THE CITY HALL.

PRESENT:

Hon. Noel Y. Atienza - - - - - - - - - - - - - - -Temporary Vice Mayor & Presiding Officer
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - City Councilor
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President

ABSENT:

Hon. Rolen C. Paulino - - - - - - - - - - - - - - - - City Vice Mayor
(On Official Travel Abroad)
Hon. Brian Patrick H. Gordon - - - - - - - - - - - City Councilor
Hon. Napoleon F. Capistrano- - - - - - - - - - - - President, Liga ng mga Barangay



In the interest of public service and on motion of Councilor Edwin J. Piano, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:

ORDINANCE NO. 78
(Series of 2005)

AN ORDINANCE AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 14, SERIES OF 2001, OTHERWISE KNOWN AS “AN ORDINANCE SETTING FORTH RULES AND REGULATIONS TO GOVERN THE OPERATION, LICENSING AND SUPERVISION OF ALL COMPUTER RELATED ESTABLISHMENT/INTERNET STATIONS AND FOR OTHER PURPOSES”

BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

SECTION 1. Section 2 of City Ordinance No. 14, Series of 2001 shall read as follows:

2.1 Shop-Keepers/Operators/Managers/Owners shall not allow minors (17 years old and below) during school hours to enter their facilities except in the following conditions:

v When parents, legal guardian or school officials accompany the minor;



Con’t. of Ordinance No. 78, Series of 2005.
- 2 -


v When the minor presents a valid permit duly authenticated by school principal or truant officers. The permit (in the format prescribed herein) must be properly filled up using ball pen or other non-erasable writing instrument, presented, verified, and notes specifying time of entry clearly written on the permit for inspection purposes. Failure of the Shop-keepers, Operators, Managers/Owners to write the minor's time of entry will be ground for Imposition of Fines, Suspension, Cancellation and or Non-Renewal of License as the case maybe.

2.2 Recommended maximum allowable playing time (per day) for MINORS:
v During School days two (2) hours;
v Weekends / Holidays four (4) hours;
v Students conducting research or writing reports/thesis must have such activity written in the permit in order to get exemption from time limits.
v College students needs only a signature of their parents or guardians and a valid school ID

2.3 Operators/Managers/Owners must not allow gambling, cybersex or other form of prostitution, consumption of intoxicating substances and other illegal activities in their establishment.

2.4 Minors must be released by Shop-Keepers/Operators/Manager/Owner thirty (30) minutes before curfew hours, except if parents or legal guardian accompanies the minor.

2.5 Provisions of Ordinance 46, Series of 1995 and Ordinance No.65, series of 2001 which prohibit the sale of liquors to minors and the sale of cigar and cigarettes shall be strictly enforced.

SECTION 2. Section 10 of City Ordinance No. 14, Series of 2001 shall read as follows:

10.1 Managers/Proprietors/Operators of Computer related establishment/Internet Stations are hereby required to execute an “Affidavit of Undertaking” to ensure that they will comply with the provisions, specifically Section 1 of Ordinance No. 78, Series of 2005 which pertains to minors and limitations of business activities set forth during the public hearing held on October 25, 2005 at FMA’s Hall, Olongapo City.

10.2 A modified sample of the Affidavit of Undertaking is hereto attached as an integral part of this Ordinance.

SECTION 3. Section 15 of City Ordinance No. 14, Series of 2001 shall include the following items and shall read as follows:

15.3 Officially designated inspectors from business permit office who fails to submit report after inspection and file appropriate charges to violators will be charged with dereliction of duty.

15.4 Entry of designated inspectors to Internet cafes must be recorded and web-casted by web camera for the Truant and Telecom Board officers to witness the on-going activity.
Con’t. of Ordinance No. 78, Series of 2005.

- 3 -

15.5 A section especially for minors shall be designated in each shop for effective monitoring of the same.

15.6 Under no circumstances shall customers of computer shops be allowed access to private office or secret space within the business establishment. Private rooms and cubicles without provision of glass see-through doors where both the customers and computer monitor is visible will not be tolerated and will subject the business to immediate closure.

15.7 The Office of the City Mayor, DSWD, Business Permit, Truant and/or Telecom Board officers shall have access to view individual internet cafe's web cam immediately upon receiving a report of suspicious or illegal activity. Shop-Keepers/Operators/Manager/Owner who refuses access will subject the business to penalties stipulated in this ordinance. Applicable provisions of Ordinance 33 series of 2002 also known as Truancy Ordinance shall be strictly enforced.

SECTION 4. Section 19 of City Ordinance No. 14, series of 2001 shall read as follows:

The City shall impose fines for violations of this Ordinance in accordance with the following schedules:

a) First offense - P5,000.00
b) Second offence - 1 week suspension of business permit
c) Third offense - 1 month suspension of business permit
d) 4th offense - cancellation of permit and 1-year closure

SECTION 5. Fraudulent or Tampered Permits

Faking and tampering of minor’s permit such as falsifying signature to gain access to internet shops will be penalized in accordance existing laws.

SECTION 6. Creation of Computer and Internet related Grievance and Investigation Committee

A committee composed of representatives from Mayor’s Office, Legal Office, Business Permit, CSWD, Telecom and IT Board, ABC, OCCSA and PTCA shall be created to conduct investigations and give necessary recommendations to the Mayor’s Office and City Council on Computer and Internet related offenses.

SECTION 7. All existing provisions of Ordinance No. 14, Series of 2001 which are not inconsistent with this Ordinance are still deemed valid.


Con’t. of Ordinance No. 78, Series of 2005.

- 4 -


APPROVED UNANIMOUSLY, October 26, 2005.


ROLEN C. PAULINO
City Vice Mayor
(On Official Travel Abroad)


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
Temporary Vice Mayor & Presiding Officer City Councilor


BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor
(Absent)


ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay
(Absent)


ROBINE ROSE C. BUENAFE
SK Federation President

ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ______________________.


JAMES GORDON, JR.
City Mayor
ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor







Republic of the Philippines . .)CITY OF OLONGAPO . . . . ) S.S.


AFFIDAVIT OF UNDERTAKING

I, ___________________________________ of legal age, Filipino, with residence and postal address at No._______________________________________________________, Olongapo City, Philippines, after having been duty sworn to in accordance with law, hereby depose and state:

1. That I am the operator/owner of _______________________________________ located at ____________________________________________________________________ and that I am an accredited member of Olongapo City Computer Services Association (OCCSA);

2. That I am applying for a Mayor's Permit for the operation of the above-mentioned business;

3. That said business will engage in computer tutorials, scanning/printing services, digital recording, CD burning, programming, research and system development, internet access, IT Consultancy, connectivity and networking, web development, computer games, play stations, game arcades, web mail, VOIP connectivity, trouble shooting, repair and upgrades of computers beyond warranty;

4. That I will not be engaged in other business activities not mentioned in item no.3;

5. That I am allowed to engage in the above-mentioned business provided that I will fully comply with provisions of Ord. 78, S. 2005, Ord. 79, S. 2005, Ord. 14, S. 2001 as amended, Ord. 65, S. 2001, Ord. 93, S. 2002 and other related ordinances;

6. That I am aware of the sanctions that will be imposed by the City of Olongapo in case of violation of this Undertaking pursuant to provisions of Ord. 78, S. 2005, Ord. 79, S. 2005, Ord. 14, S. 2001 as amended, Ord. 65, S. 2001, Ord. 93, S. 2002, other related ordinances and existing laws;

7. That I execute this affidavit to attest to the truth of the foregoing facts and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand on this ______day of __________________, at Olongapo City, Philippines.

____________________
Affiant Signature

SUBSCRIBED AND SWORN to before me this ____ day of ____________ at Olongapo City, affiant exhibiting to me her/his Residence Certificate No.____________________ issued on_____________ at _________________________.


City Legal Officer
Authorized to Administer Oath

This form is pursuant to City Ordinance No. 78, Series of 2005 Downloadable at

http://www.subicbay.ph/intergapo