Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House Bill No. 4740

Introduced by Honorable Sherwin T. Gatchalian

EXPLANATORY NOTE

‘The Internet has become the most popular source of information used by
the general public today. The world is literally at the tip of your fingertips when
you browse the internet. The Internet has allowed the dissemination of
information to be readily available to the public. As such, it has become a
valuable tool for research and study used by not only students of the
Philippines but also the general public as well.

Although the use of the internet in the Philippines is quite popular,
research shows that majority of households in the country do not have internet
access at home and in most cases do not even own a computer at home. For
this reason, the Philippines rank among the top countries in South East Asia
where internet cafes and computer shops are extremely popular. These
establishments have allowed those without internet access at home to be able
to use the internet and conduct work on a computer.

The proliferation of these establishments has become a double edged
sword because on one hand, they have allowed the masses to be able to obtain
and acquire information from the internet and conduct work on a computer
without having to invest in a computer or internet access at home. But on the
other hand, most if not all of them also provide entertainment to their
customers through computer games that are played online, offline or over a
local area network. These games are usually played by minors.

Being that minors have an impressionable mind, these games occupy so
much of their mind that it has become prevalent that minor students become
addicted to these games and their school work suffers from too much
preoccupation with video games. Instead of using the internet positively for
research or school work, most minors go to the computer shops to play games
instead. Alarmingly, these establishments are located near schools and are


regularly visited by minor students even during regular class hours and visits
often last late into the night, exposing them to danger during those hours.
Unscrupulous and irresponsible computer shop owners have allowed and
tolerated minors to avail of their services even during class hours and even
allow them to play into the late hours of night in exchange for a quick profit
without thought to the negative effects of excessive gaming to the welfare and
safety of the minors.

Internet cafes and computer shops have been inadequately regulated
especially with regard to the protection of minors who patronize these
establishments. Section 13, Article II of the 1987 Constitution provides that
“(t]he State recognizes the vital role of the youth in nation-building and shall
promote and protect their physical, moral, spiritual, intellectual, and social
well-being.” How will the youth realize their role in nation-building when the
excessive playing of video games in these establishments hinders their
development and education? The youth will not be able to realize their potential
when majority of their time is spent inside computer shops playing games
instead of studying.

This Bill aims to regulate and limit the access of minors to internet cafes
and computer shops in line with the constitutional mandate of the State and
its police power to protect and preserve the public good and welfare of the
people.

In view of the foregoing, the approval of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House Bill No. _4'740

Introduced by Honorable Sherwin T. Gatchalian

AN ACT
REGULATING THE OPERATION AND MAINTENANCE OF INTERNET CAFES,
OR COMPUTER RENTAL SHOPS, AND OTHER ESTABLISHMENTS
OFFERING COMPUTER SERVICES TO MINORS, PROVIDING PENALTIES
FOR VIOLATION THEREOF, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Short Title. —- This Act shall be known as the * Internet Café
Regulation Act.”

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the
State “to protect and promote the physical, moral, intellectual, and social well-
being of the youth.” Pursuant to this, the State shall regulate the access of
minors to internet cafes, computer rental shops, and other similar
establishments, in order to promote the education and welfare of the Filipino
youth, without compromising the interests of legitimate businesses.

SEC. 3. Purpose. - It is the main thrust of this Act to:

a. Prevent minors from loitering, playing offline or online video games,
and browsing the internet in computer rental shops during school
hours and school days;

b. Prevent minors from excessively playing online and offline video
games and access the internet in computer rental shops on non-
school days;


c. Protect the safety of minors by limiting the time period within which
they may be allowed access to computer rental shops.

SEC. 4. Definition of Terms. - As used in this Act, the following shall
mean:

a. “Cancelled Schooldays” refers to days when students are normally
required to attend regular classes but were cancelled as declared by
the President, the Commission on Higher Education, the Department
of Education, the Local Government Unit within their respective
jurisdictions, or other government and educational agencies
authorized by law to declare suspension of regular classes;

b. ‘Computer Rental Shops” refers to a business establishment with two
(2) or more computer units that offers internet services, typing,
printing services, online and offline video games or video games
played over a local area network;

c. “Holidays” refers to legal and special holidays as declared by law;
local special holidays as declared by Local Government Units within
their respective jurisdictions; religious holidays as declared by the
minors’ respective educational institutions;

d. “Internet” refers to the worldwide system of computer networks in
which a user at any one computer can directly obtain information
from any other computer in the network;

e. “Intemet Café” a place of business that has a number of networked
personal computers with access to the internet for browsing, chatting
e-mailing and research and available for use by customers for a fee. It
may or may not be serving coffee, similar refreshments and food. Also
included are cyber cafes, arcades and lounges;

f. “Minor” refers to a person below 18 years of age;

g. “Person” refers to an individual, partnership, corporation or any other
business or legal entity;

h. “School Days” refers to the days when students are required to attend
regular classes; Mondays to Fridays, excluding legal and special
holidays as declared by law;

i. “School Hours” refers to the time within a day where students are
required to attend school as determined by the Department of


Education, the Commission on Higher Education or the Local
Government Unit concerned;

j. “Vacation” refers to days between academic school years, when
students and instructors are off school for a period of eight (8) weeks
or more, as determined or otherwise authorized by the Commission on
Higher Education or the Department of Education;

k. “Weekends” refers to Saturdays and Sundays.
SEC. 5. Prohibited Acts. —

a. The owner, proprietor, manager or attendant of internet cafes,
computer rental shops, and other similar establishments providing
computer services shall be strictly prohibited from admitting or
allowing minors within school hours and during school days as
determined by the Department of Education, the Commission on
Higher Education or the Local Government Unit concerned to enter
and use the computer facilities in their establishments;

b. The owner, proprietor, manager or attendant of internet cafes,
computer rental shops, and other similar establishments providing
computer services shall be strictly prohibited from admitting or
allowing minors to be present or the use the computer facilities inside
their establishments during weekends, holidays, cancelled schooldays
and during vacation between the period of 7:00 pm to 7:00 am.

SEC. 6, Exceptions to this Act. - Authorized purposes or activities for
minors.

a. Any internet cafes, computer rental shops, and other similar
establishments that allows a minor to enter and use its computer
facilities during schooldays but after the designated school hours,
shall not be covered by this Act, provided that the minor presents an
identification card and a written permit or clearance signed by the
parent of the minor or either the school principal or teacher in charge
of a minor student permitting him or her to utilize the computer
facilities in their establishment. In no case however, shall the minor
under this paragraph be allowed to stay inside the establishment
beyond 7:00pm unless accompanied at all times by his/her parent or
legal guardian;

b. Any internet cafes, computer rental shops, and other similar
establishments that allows a minor to enter and use its computer


facilities during schooldays or within school hours, shall not be
covered by this Act, provided that the minor is accompanied at all
times by his/her parent or legal guardian;

c. Any internet cafes, computer rental shops, and other similar
establishments that allows a minor to enter and use its computer
facilities during weekends, holidays, cancelled schooldays and during
vacation between the times of 7:00 pm to 7:00 am shall not be
covered by this Act, provided that the minor be accompanied at all
times by his/her parent or legal guardian;

SEC. 7. Presumption of Admission. - Minors found within internet
cafes, computer rental shops, and other similar establishments are to be
considered as prima facie proof that the owner, proprietor, manager, partner or
attendant has consented or permitted to the entry of such minors. The owner,
proprietor, manager, partner or attendant shall not be excused from liability
when a minor is found under the circumstances enumerated under this Act
nor can he or she claim ignorance of the presence or the true age of the minor.

SEC. 8. Duties and Responsibilities of Owners, Proprietors,
Managers or Attendants of Internet Cafes or Computer Rental Shops. -

Owners, proprietors, managers or attendants of internet cafes or
computer rental shops are hereby required to perform and undertake the
following measures in the operation of their business:

a. To post in their establishments, in a conspicuous area, a clear and
readable sign that indicates that no minors are allowed within the
premises during school days and school hours as well as within the
time of 7:00 pm to 7:00 am during weekends, holidays, cancelled
schooldays and during vacation;

b. To be vigilant in the inspection of identification cards of their patrons
and ensure that no minor be allowed in their establishments during
the prohibited periods mentioned.

SEC. 9. Proof of Age Verification. - In case of doubt as to the age of the
client/customer, the owners, proprietors, managers or attendants of internet
cafes or computer rental shops shall verify, by means of any valid form of
identification containing the date of birth of the bearer otherwise, they must
refuse admission in order to ensure that no minor is allowed access to said
establishments.

SEC. 10. Regular Inspection of Internet Cafes or Computer Rental
Shops. - The Philippine National Police or the authorized persons of the Local
Government Unit concerned in the locality shall conduct regular inspection in


the abovementioned establishments during their business hours to ensure
compliance with this Act and shall make an annual written report to the
Department of Social Welfare and Development and the Chief Executive of the
Local Government Unit concerned of their findings.

SEC. 11. Penalties. - The following are the penalties for violation of any
provisions of this Act:

a. 1 offense — a fine of P50,000 for violation of any of the provisions of
this Act;

b. 24 offense — a fine of P100,000 for violation of any of the provisions of
this Act;

c. 3" and succeeding offense — a fine of P150,000 and/or the revocation
of business permit and license to operate, and closure of the
establishment or both at the discretion of the Courts.

If the establishment is owned by a partnership or a corporation, the
managing partner, or president of the corporation shall be jointly held liable
with the person allowing a minor inside the premises of the establishment or to
use of the computer facilities in such establishment during the periods
prohibited by this Act.

SEC. 12. Implementing Rules and Regulations. — The Department of
Social Welfare and Development in coordination with the Local Government
Units, the Philippine National Police and the National Youth Commission shall
formulate the necessary Implementing Rules and Regulations for the efficient
implementation of this Act.

SEC. 13. Separability Clause. - Should any section or provision of this
Act be declared as unconstitutional or invalid, other provisions which are not
affected thereby shall continue to be in full force and effect.

SEC. 14. Repealing Clause. - All laws, decrees, executive orders, rules
and regulations, or part thereof, inconsistent with the provisions of this Act are
hereby repealed.

SEC. 15. Effectivity Clause. — This Act shall take effect fifteen (15) days
after its publication in a newspaper of general circulation.

APPROVED.