FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES. )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES,
House Billno.__ 2473

Introduced by Representative Peter M. Unabia

EXPLANATORY NOTE

A minor is one of the most important assets of the nation. Every effort should
be exerted to promote his welfare and enhance his opportunities for a useful and
happy life. A minor is not a mere creature of the State, hence, his individual traits
and aptitudes should be cultivated to the utmost in so far as. they do not conflict with
the general weltare.

Today, one of the biggest issues confronting the youth is the negative
consequences of internet and computer addiction among the students. The youth, as
young as seven years old, would spend eight hours a day at cyber-cafes playing
online and off-line games instead of using the internet to do their homework.

It has been observed that minors, most of them in school uniforms, are seen
in the internet cafes during class hours, instead of attending classes in school. In
fact, teachers have also complained that school attendance of some students in
some classes is very poor

In fact, minors would come to use the internet cafes, often unlicensed, for
gaming purposes. Upon spending their money, the minors would become indebted
to the café operator and offered the chance to clear the debt by performing indecent,
sexual acts, with largely foreign clients. Photographs and videos of the incidents
would then be uploaded onto the internet and the minor would either pay the debt
and leave or continue working to earn more money to fund their gaming

The operations of these establishments have been inadequately regulated
especially those in close proximity to educational institutions, contributing to the rise
of internet child pornography.

Likewise, the entry of minors/students to internet cafes or computer rental
shops/computer gaming shops or centers 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;

For it is the youth who will eventually be called upon to discharge the
responsibility of leadership in shaping the nation’s future; nevertheless, the time that
the minors spend at the cafes and video game shops provides negative impact on
their education

\t is for these reasons that the immediate approval of this Bill is earnestly
sought.

PE NABIA
Representaive? 1 District
Misarhis Oriental


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

House Bill no. _ 24? 3

Introduced by Representative Peter M. Unabia

AN ACT PROHIBITING THE ENTRY OF MINORS IN INTERNET CAFES OR
COMPUTER RENTAL SHOPS/COMPUTER GAMING SHOPS OR CENTERS,
PROVIDING PENALTIES FOR VIOLATION THEREOF AND FOR OTHER
PURPOSES.

SECTION 1. SHORT TITLE. This act shall also be known as the INTERNET AND
VIDEO - GAMING BAN FOR MINORS OF 2010.

SECTION 2. POLICY. It is the policy of the State, consistent with the Constitution to
promote the general welfare, to safeguard the interest of the in and out of school
youth and the entire young populace. For this purpose, the government shail institute
a balanced policy whereby the use of technology such as internet café’s, videogame
shops and the likes, be regulated in order to promote education and preserve the
culture of Filipinos and at the same time ensure that the interest of businesses and
stakeholders are not adversely compromised

SECTION 3, PURPOSE. - It is the main thrust of this Act to:

a. Prevent minors especially the students from hanging out at some
Internet cafés and videogame shops/centers and other related
establishments thereby promoting the sphere of education;

b. Prevent the youth form excessively playing videogames thereby
shielding them from becoming a video game addict which causes
the commission of a crime by reason of desperation for money to
feed their habit

©. Protect the minor from being the object of sexual exploitation by
pedophiles, foreign or local:

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

AY
S


a) PERSON - refers to an individual, partnership, corporation or or any other
business or legal entity;

b) MINOR - refers to a person below 18 years old

c) INTERNET ~ refers to the worldwide system of computer networks in
which a
User at anyone computer can directly get information from any other
computer in the network

d) INTERNET CAFE - a place of business that has a number of networked
personal computers with access to the internet for surfing, chatting, e-
mailing and research and available for use by customers for a fee by the
hour or fraction of an hour. The business establishment may or may not be
serving coffee, and/or similar beverages. Also included are cyber cafe,
arcades, lounges

@) COMPUTER RENTAL SHOP - refers to a business establishment with two
(2) or more computer units that offers internet services, typing, printing
services and gaming shop or center.

f) COMPUTER GAMING SHOP OR CENTER - refers to a establishment
with’ two or more computers connected on a loca! area network that
exclusively offers either online games (connected to the internet) or LAN
games (not connected to the internet)

g) SCHOOL DAYS — Refer to the regular working days of the week, Monday
to Friday excluding legal and special holidays.

SECTION 5. PROHIBITED ACTS. —

The owner/proprietor/manager/attendant of internet café’s or computer rental
shops/ computer gaming shops or centers shall be strictly prohibited from admitting
‘or allowing minors, during schoo! hours and school days to: (a) Enter into such
establishments, (b) Use the computer facilities in such establishments.

It shall not be a defense for the owner, proprietor, manager, partner and
attendant that he/she did not know or was not aware of the real age of the minor.
Neither shall it be a defense that he/she did not know nor had any reason to believe
that the minor is the one using the computer in an instance accompanied by an
adult

If said establishment is owned by a partnership or a corporation, the
managing partner, or the president of the corporation shall be jointly held criminally
liable as conspirator with the person admitting or allowing such a minor.

SECTION 6. AUTHORIZED RESEARCH/ACTIVITY FOR EDUCATIONAL
PURPOSES.

a). Any establishment mentioned above allowing minors io enter said
establishment during school days for purposes of research shall not be covered by
this Act, provided that the minor shall carry a school identification and clearance or


permit signed by the principal or the teacher-in charge concerned to be presented to
said establishment otherwise admission refusal is a must

b) For minors belonging to the out-of school youth or those who does not
have a School Identification , they may enter and use the computer facilities
provided it is not within or during schools hours and with the written approval from
their parents.

SECTION 7, PRESUMPTION OF ADMISSION. ~ Unless proven otherwise, Minors
found inside such establishments is prima facie proof that the owner, manager,
partner, attendant has consented or permitted entry thereof.

SECTION 8. DUTIES AND RESPONSIBILITIES OF OWNERS/PROPRIETORS/
MANAGERS OF INTERNET CAFES OR COMPUTER RENTAL
SHOPS/COMPUTER GAMING SHOPS OR CENTERS.

Owners, proprietorsimanagers and attendants of internet cafes or computer
rental shops/computer gaming shops or centers are required to perform and
undertake the following measures in their operation:

a) Ensure strictly that no person below majority age enters the said
establishment during school days and school hours:

b) Ensure strictly that no person below majority age uses a computer in the said
establishment during school days and school hours;

c) Permanently post a signage outside and inside the establishment showing the
following statement in a clear and conspicuous manner: OFF-LIMITS TO
MINORS

SECTION 9. Proof of Age Verification.- In case of doubt as to the age of the
clienticustomer, the owners, managers or attendants shall verify, by means of any
valid form of photographic identification containing the date of birth of the bearer
otherwise refuse admission so as to ensure that no person below the age of majority
enters the said establishments,

SECTION 10. REGULAR INSPECTIONS and POLICE VISIBILITY. - The Philippine
National Police in the locality shall conduct regular inspection and police visibility in
the abovementioned establishments during their business hours to ensure
compliance with this Act and make a semi - annual written report to the DSWD and
NYC in the area.

SECTION 11. PENALTIES. The following are the penalties for the violation of any
provisions of this Act


a) For 1™ offense - a fine of P50,000 for violation of any of the
provisions of this Act,

b) For 2" and 3" offenses - Fine of 100,000 and/or revocation of
business permit and license to operate, and closure of the
establishment or both at the discretion of the court

SECTION 12. IMPLEMENTING RULES AND REGULATIONS. - The DSWD in
coordination with the National Youth Commission shall formulate the necessary
Implementing Rules and Regulations for the efficient implementation of this Act.

SECTION 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

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

SECTION 15.. EFECTIVITY CLAUSE.- This Act sivail take effect fifteen (15) days
after its publication in a newspaper of general circulation.

APPROVED,