2005 Ord No. 79

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


WHEREAS, the issue on pornography is extremely complex, and so is the public policy governing it;

WHEREAS, in this intricacy, one issue stands out as particularly pressing and needs immediate action: the claim that pornography, or certain forms of pornography can lead to serious sex crimes, forcible rape in particular;

WHEREAS, the rampant production and publication of pornographic materials cause moral outrage and encourage sexual perversions;

WHEREAS, the number of computer cafés in the City of Olongapo is enormously increasing, making our community prone to pornography;
NOW, THEREFORE, on motion of Councilor Gina Gulanes- Perez with the unanimous accord 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. 79
(Series of 2005)

AN ORDINANCE TO DEFINE AND PENALIZE ON-LINE PORNOGRAPHY
IN OLONGAPO CITY

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

Con’t. of Ordinance No. 79, Series of 2005.

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SECTION 1. Definition of terms.

(a) Pornography – pertains to anything that depicts erotic, sexual behavior, portraying lewdness. It can be of different media, written or spoken, such as photos, sculptures, drawings, moving images and even animation sounds;
(b) On – line – is being connected to some larger network or system. Any on-line information may be accessible through the internet;
(c) On – line pornography – refers to pornography that is accessible through internet;
(d) Computer Café - is a public place where one can use computer with or without internet access for fee, usually per hour or minute. Sometimes one can have unmetered access with pass for a day or month;
(e) Minor- pertains to a person who has not reached full legal age, or is below 18 years old;
(f) Cyber sex- is a virtual sex encounter by which two or more persons connected remotely via computer network send one another sexually explicit messages describing a sexual experience. It also refers to a role-play in which participants pretend they are having sexual intercourse; and
(g) Telecommunication – is any device associated with the larger system on-line. If it is under the direct control of the system, this covers the use of cell phones as telecommunication equipment with high-tech features.

SECTION 2. Objectives.

(a) To protect children from sexual exploitation;
(b) To strictly forbid all computer cafes from publication of pornographic websites;
(c) To secure children and women from on-line prostitution;
(d) To lessen, if not totally eradicate, the number of reported cases on sex crimes; and
(e) To fully realize and uphold the goal of the City of Olongapo to be a “Child Friendly City”.

SECTION 3. Prohibition. This ordinance prohibits all computer cafés from encouraging and/or tolerating their customers, especially minors, to browse pornographic websites and to use web cam for the purpose of cyber sex. It forbids the use of telecommunication equipment and devices like high-powered cell phones with add-in features such as bluetooth, camera, video-audio, infrared, MMS, etc., for pornographic purposes. Further, this ordinance forbids all computer cafés from putting up enclosed computer cubicles. However, cubicles made of transparent glass, wherein both the user and the computer monitors are visibly seen from the outside, hence, discouraging cybersex and other acts involving on-line pornography, are exempted from the prohibition.

SECTION 4. Pornography Banning Signages. All computer cafés in Olongapo City are required to post at least one (1) legible and visible signage, English or Filipino, inside their café.






Con’t. of Ordinance No. 79, Series of 2005.

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SECTION 5. Penalties. Computer cafés that will be caught violating Sections 3 and 4 of this ordinance will be penalized according to the classifications stipulated below:

Frequency Fine

1st Offense- - - - - - - - - - - - - - - - - - PhP5, 000.00
2nd Offense- - - - - - - - - - - - - - - - - -One-week suspension
3rd Offense - - - - - - - - - - - - - - - - - -One-month suspension
4th Offense - - - - - - - - - - - - - - - - - -Closure and cancellation of
Permit for 1 year

*In cases where minors are involved, the fine shall automatically be equated to third offense and/or at least one year of imprisonment of the proprietor upon the discretion of the court.

Con’t. of Ordinance No. 79, Series of 2005.

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SECTION 6. All Computer Cafes shall be encouraged to install software that will totally block the pornographic and obscene websites.

SECTION 7. Administration and Authority to Institute Action. The City’s Department of the Interior Local Government and PNP are primarily tasked to inspect all computer cafés in Olongapo City. Moreover, everyone is encouraged to be vigilant and to report violators to the authority. The Local Chief Executive, upon the recommendation of the aforementioned government agencies, is authorized to institute criminal proceedings against the violators of this ordinance.

SECTION 8. Repealing Clause. All existing ordinances, which are inconsistent with this Ordinance, are hereby overturned.

SECTION 9. Separability Clause. If any of the provision or part of this ordinance is declared unconstitutional or invalid, the other provisions or parts hereof not exaggerated thereof, shall continue to be in full force and effect.

SECTION 10. Effectivity. This Ordinance shall take effect thirty- (30) days upon its approval, provided that massive information dissemination thru media announcement is conducted.

SECTION 11. That copies of this Ordinance shall be furnished the City Social Welfare & Development Office (CSWDO), Department of the Interior and Local Government (DILG), Philippine National Police (PNP) and PREDA.

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

Con’t. of Ordinance No. 79, Series of 2005.

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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