EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
Senate
of :i)r jp .'frtfta rp
S. B. No.
SENATE
728
•19 JUL 24 All :36
REC.. 
^ i:v
Introduced by SEN. 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.
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 ranks 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 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 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 earne^ly sought.
SHERWIN T. GATCHALIAN


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
]
]
]
S. B. No.
SENATE
728
c( il)f » p fr r t« r p
•19 JUL 24 All 36
... 
(t._
Introduced by SEN. 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 o f Representatives o f the 
Philippines in Congress assembled:
1 
SEC. 1. Short Title. - This Act shall be known as the "Internet Cafe
2 
Regulation A c t"
3 
SEC. 2. Declaration o f Policy. - It is hereby declared the policy of
4 
the State "to protect and promote the physical, moral, intellectual, and social
5 
well-being of the youth." Pursuant to this, the State shall regulate the access
6 
of minors to internet cafes, computer rental shops, and other similar
7 
establishments, in order to promote the education and welfare of the Filipino
8 
youth, without compromising the interests of legitimate businesses.
9 
SEC. 3. Purpose. - It is the main thrust of this Act to:
10 
a) Prevent minors from loitering, playing offline or online video games.
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mean:
a)
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 o f Terms - As used in this Act, the following shall
"Cancelled Schooldays" refer 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" refer 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" refer to legal and special holidays as declared by law, 
local special holidays as declared by Local Government Units within 
their respective jurisdictions, and 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) "Internet Cafe" refers to 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 serve coffee, similar refreshments, 
and food. Also included are cyber cafes, arcades, and lounges;
f) 
"Minor" refers to a person below 18 years of age;


1 
g) Te/50/7" refers to an individual, partnership, corporation, or any other
2 
business or iegai entity;
3 
h) "School Days" refer to the days when students are required to attend
4 
regular classes normally Mondays to Fridays, excluding legal and
5 
special holidays as declared by law;
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i) 
"School Hours" refer to the time within a day where students are
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required to attend 
schooi as determined by the Department of
8 
Education, the Commission on Higher Education, or the Local
9 
Government Unit concerned;
10 
j) 
"Vacation" refers to days between academic schooi years, when
11 
students and instructors are off school for a period of eight (8) weeks
12 
or more, as determined or otherwise authorized by the Commission on
13 
Higher Education or the Department of Education;
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k) "Weekends" roHex to Saturdays and Sundays.
15 
SEC. 5. Prohibited Acts. -
16 
a) The owner, proprietor, manager, or attendant of internet cafes,
17 
computer rental shops, and other similar establishments providing
18 
computer services 
shall be strictly prohibited from admitting or
19 
allowing minors within school hours and during school days as
20 
determined by the 
Department of Education, the Commission on
21 
Higher Education or the Local Government Unit concerned to enter
22 
and use the computer facilities in their establishments;
23 
b) The owner, proprietor, manager or attendant of Internet cafes,
24 
computer rental shops, and other similar establishments providing
25 
computer services shall be strictly prohibited from admitting or
26 
allowing minors to be present or to use the computer facilities inside
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their establishments during weekends, holidays, cancelled schooldays
28 
and during vacation between the period of 7 :0 0  pm to 7:00 am.
29 
SEC. 6. Exceptions to this Act. - Authorized purposes or activities
30 
for minors:
31 
a) Any 
internet 
cafe, 
computer 
rental 
shop, 
and 
other 
similar
32 
establishments that allow a minor to enter and use its computer


1 
facilities during schooldays but after the designated school hours,
2 
shall not be covered by this Act: Provided, That the minor presents an
3 
identification card and a written permit or clearance signed by the
4 
parent of the minor or either the school principal or teacher in charge
5 
of a minor student permitting him or her to utilize the computer
6 
facilities in their establishment: Provided, further, That in no case
7 
however, shall the minor be allowed to stay inside the establishment
8 
beyond 7:00pm  unless accompanied at all times by his/her parent or
9 
legal guardian;
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b) Any internet 
cafe, 
computer 
rental 
shop, 
and 
other 
similar
11 
establishments that allow a minor to enter and use its computer
12 
facilities during schooldays or within school hours, shall not be
13 
covered by this Act, Provided, That the minor is accompanied at all
14 
times by his/her parent or legal guardian;
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c) Any Internet cafes, 
computer rental 
shops, 
and other 
similar
16 
establishments that allows a minor to enter and use its computer
17 
facilities during weekends, holidays, cancelled schooldays and during
18 
vacation between the times of 7:0 0 pm to 7:0 0 am shall not be
19 
covered by this Act, Provided, That the minor be accompanied at all
20 
times by his/her parent or legal guardian;
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SEC. 7. Presumption o f Admission. - Minors found within internet
22 
cafes, computer rental shops, and other similar establishments are to be
23 
considered as prima facie proof that the owner, proprietor, manager, partner,
24 
or attendant has consented or permitted to the entry of such minors. The
25 
owner, proprietor, manager, partner, or attendant shall not be excused from
26 
liability when a minor is found under the circumstances enumerated under
27 
this Act nor can he or she claim ignorance of the presence or the true age of
28 
the minor.
29 
SEC. 8. Duties and Responsibilities o f Owners, Proprietors,
30 
Managers o r Attendants o f In tern et Cafes or Computer Rental
31 
Shops. - Owners, proprietors, managers, or attendants of internet cares or
32 
computer rental shops are hereby required to perform and undertake the


1 
following measures in the operation of their business:
2 
a) To post in their establishments, in a conspicuous area, a clear and
3 
readable sign that indicates that no minors 
are allowed within the
4 
premises during school days and school hours as well 
as within the
5 
time of 7:0 0 pm to 7:0 0 am during weekends, holidays, cancelled
6 
schooldays, and during vacation;
7 
b) To be vigilant in the inspection of identification cards of their patrons
8 
and ensure that no minor be allowed in their establishments during
9 
the prohibited periods mentioned.
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SEC. 9. Proof o f Age Verification - In case of doubt as to the age of
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the client/customer, the owners, proprietors, managers or attendants of
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Internet cafes or computer rental shops shall verify, by means of any valid
13 
form of identification containing the date of birth of the bearer otherwise,
14 
they must refuse admission in order to ensure that no minor is allowed
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access to said establishments.
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SEC. 10. Regular Inspection o f Intern et Cafes or Computer
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Rental Shops. - The Philippine National Police or the authorized persons of
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the Local Government Unit concerned in the locality shall conduct regular
19 
inspection in abovementioned establishments during their business hours to
20 
ensure compliance with this Act and shall make an annual written report to
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the Department of Social Welfare and Development and the Chief Executive
22 
of the Local Government Unit concerned of their findings.
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SEC. 11. Penalties. - The following are the penalties for violation of
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any provisions of this Act:
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a) 1st offense - a fine of P50,000 for violation of any of the
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provisions of this Act;
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b) 2nd offense - a fine of P100,000 for violation of any of the
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provisions of this Act;
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c) 3rd and succeeding offense - a fine of P150,000 and/or the
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revocation of business permit 
and license 
to operate, 
and
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closure of the establishment or both at 
the discretion of the
32 
Courts.


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If the establishment is owned by a partnership or a corporation, the
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managing partner, or president of the corporation shall be jointly held liable
3 
with the person allowing a minor inside the premises of the establishment or
4 
to use of the computer facilities in such establishment during the periods
5 
prohibited by this Act.
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SEC. 12. Im plem enting Rules and Regulations. - The Department
7 
of Social Welfare and 
Development, 
in coordination with the Local
8 
Government Units, the Philippine National Police and the National Youth
9 
Commission, 
shall formulate 
the 
necessary 
Implementing 
Rules and
10 
Regulations for the efficient implementation of this Act.
11 
SEC. 13. Separability Clause. - Should any Section or provision of
12 
this Act be declared as unconstitutional or invalid, other provisions which are
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not affected thereby shall continue to be in full force and effect.
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SEC. 14. Repealing Clause. - All laws, decrees, executive orders,
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rules and regulations, or part thereof, inconsistent with the provisions of this
16 
Act are hereby repealed.
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SEC. 15. Effectivity Clause. - This Act shall take effect fifteen (15)
18 
days after its publication in the Official Gazette and/or in at least two (2)
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national newspapers of general circulation.
Approved,