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Republika ng Pilipinns
LUNGSODNGDABAW
Tanggapan ng Sangguniang Panlungsod
PRESENT:
Councilor Emmanuel D. Galicia, Sr. – Acting Presiding Officer
Councilor Nilo G. Abellera
Councilor Ma. Belen S. Acosta
Councilor Victorio S. Advincula
Councilor Wilberto E. Al-ag
Councilor Leonardo R. Avila, III
Councilor Gerald B. Bango
Councilor Danilo C. Dayanghirang
Councilor April Marie C. Dayap
Councilor Shane L. Dolor
Councilor Jimmy G. Dureza
Councilor Frances Mabel A. Laman
Councilor Peter T. Lavina
Councilor Angela A. Librado
Councilor Liborio V. Lumain
Councilor Diosdado A. Mahipus
Councilor Amilbangsa T. Manding
Councilor Teresita M. Maranon
Councilor Bonifacio E. Militar
Councilor Beethoven L. Orcullo
Councilor Mynia G. L’Dalodo-Ortiz
ON OFFICIAL BUSINESS:
“*
Vice Mayor Luis C. Bonguyan – Acting City Mayor
ABSENT:
Councilor Salvador V. Caingles – On Sick Leave
Councilor Clemencia D. Cataluna – On Sick Leave
Councilor Tomas I. Monteverde, IV
Councilor Susan Isabel C. Reta – On Forced Leave
Councilor Isidro T. Ungab – On Vacation Leave
ORDINANCE NO.0227-04
SERIES OF 2004
AN ORDINANCE PRESCRIBING GUIDELINES AND REGULATIONS ON THE OPERATION AND SERVICES OF INTERNET CAFE IN DAVAO CITY AND FOR OTHER PURPOSES, AS AMENDED.
Be it ordained by the Sangguniang Panlungsod of Davao City in session assembled, that:
Page 2 of 8 OrdvNo. 0227-04
SECTION 1. TITLE OF THE ORDINANCE – This Ordinance shall be called the “Internet Cafe Ordinance of Davao City, as Amended’”;
SECTION 2. DEFINITION OF TERMS

For purposes of this Ordinance, the following terms shall be defined as follows:
1. Internet – refers to the interactive communication and information technology sourced through computers. .
2. Internet Cafe – means a business establishment using the worldwide web or Internet system that enable users to view and interact with a variety of information accessed through a computer connected to a Local Area Network
(LAN).
3. Internet Service Provider (ISP) – refers to local or national network provider
of Internet services.
4. Internet User – refers to an individual, a corporation or institution utilizing or accessing data information through the Internet for entertainment, games, advertisement, business, news and educational purposes.
5. Accreditation – refers to the recognition accorded to an establishment or institution that meets the standard or criteria established by a body legally constituted for the purpose.
6. Student- refers to minors, individual and/or person who are officially enrolled in-the elementary grade or secondary level in any public or private educational institution in the city.
7. Minors – any individual/person 17 years of age and below.
8. Class Hours – Prescribed school hours.
9. Board – refers to the Internet Cafe Accrediting Board.
SECTION 3. NATURE OF INTERNET CAFE ESTABLISHMENT

This section hereby explains the nature and scope of Internet Cafe establishment
as follows:

3.1 Any establishment which includes residential units with more than one
computer unit principally offering Internet services, including, but not limited
to, e-mail, fax, online and network games, chatting, surfing and other such
services covered by the internet technology which are accessed for a fee.

Page 3 of 8
Ord. No. 0227-04
3.2 Other business establishments that offer a combination of services such as food and Internet, bar and Internet recreation, and others of similar nature. Internet and other combinations are still included as Internet Cafe and shall be covered by this Ordinance.
3.3 Educational institutions, private homes and corporate entities using the Internet through an Internet Service Provider (ISP) for purposes other than business shall not fall under the category of Internet Cafe establishment.
3.4 Internet Cafe establishment expanding to other lines of services such as offering short term courses which may run between one to six months and which may fall .under computer programming, computer technology and other such similar courses shall apply for a permit to offer such courses from the Technical Education and Skills Development Authority (TESDA).
SECTION 4. OPERATION OF INTERNET CAFE ESTABLISHMENTS
Internet Cafe establishments shall follow the following guidelines for its operation:
4.1 Internet cafe establishments are required to secure a Business Permit and other licenses required by the local government to operate;
4.2 Internet cafe establishments which offer a combination of other services as defined in Section 3.2 of this Ordinance are also required to declare in their business permits other lines of business other than internet services.
-’
4.3 Internet Cafe establishments should not allow students to stay in the premises of the establishment during their class hours unless for specific educational or study purposes such as data research or statistical gathering.
4.4 Internet Cafe establishments shall not offer online and network gaming services during class hours to students and/or minors.
4.5 Prohibited drugs, intoxicating drinks, selling of cigarettes, and smoking are prohibited inside Internet Cafe Establishments;
4.6 Selling of food and meals are allowed only when Internet Cafe establishments have declared in their original permits or the permit of other
businesses.
4.7 Internet cafe establishments shall not allow computer hackers or cause
computer hacking to be practiced in their premises.

4.8 Internet Cafe Establishments must post in a conspicuous and visible area within the establishment a warning sign against accessing pornography and playing games by students during prescribed class hours on school days.
4.9 Internet Cafe Establishments must be well lighted.

Page 4 of 8
Ord. No. 0227-04
4.10 Internet Cafe Establishments offering a combination of services such as research and games shall either provide headphones for every unit being used for gaming or reduce the volume of the gaming unit so as to prevent excessive sound that could disturb other users. Internet Cafe Establishments may play music at a moderate volume.
4.11 Internet Cafe Establishments must provide for a means of downloading/saving information from the internet by the user, to be determined by the Board;
4.12 Internet Cafe Establishments must not use fully enclosed cubicle for every computer. Only half-closed cubicle shall be allowed, the specifications of which will be provided by the Board;
4.13 Internet Cafe Establishments offering the use of web cameras or web cams must not allow its users to use it for obscenity and lewd designs.
4.14 Internet Cafe Establishments shall be maintained under good sanitary condition;
4.15 Internet Cafe establishments should not tolerate or promote indecent, lewd and immoral behavior inside the establishment.
Section 5. GUIDELINES FOR SERVICES OFFERED
5.1 The following services of Internet cafe establishments are covered by this ordinance, specially viewing, sourcing and interacting with:
1) Magazine archives
2) Public and university resources
3) Current world and business news
4) Advertisements and shopping
5) Sports and recreational services
6) Entertainment and games
7) Chatting and E-mail

E-commerce and various printing and documentation needs

9) Other similar matters and/or services not falling under Section 5.2
5.2 Internet gambling, nudity, vulgar language, depiction of graphic sex and all other forms of lewd pictorial representation are prohibited from being sourced, accessed or provided by internet Cafe establishments and by all internet users, regardless of age. Corresponding penalty will be meted to establishments that allow violation of this section. ,
Page 5 of 8
Ord. No. 0227-04
5.3 Chatting bv minor which will load to sexual exploitation and experimentation with pedophiles and other sexual perverts shall be terminated hv the establishment or its management at a lime when it is deemed injurious to minors.
5.4 A floor rate for Internet use to he followed by all accredited Internet cafes may be set by the Board for compliance after proper consultation with owners and/or authorized organizationof Internet cafe owners.
SECTION 6. CONSORTIUM, L 1NKAGES AND NETWORKING W ITH OTHER SECTORS OR AGENCIES
The following are the guidelines for consortium, linkages and networking of Internet Cates with other sectors or agencies:
6.1 Internet Cafe establishments may enter into consortium with private educational institutions for the purpose of providing computer technology information to students without prejudice to its permit or license.
6.2 Linkages or networking with government agencies for business purposes shall be regulated by existing applicable laws or regulations.
SECTION 7. ACCREDITATION OF INTERNET CAFE
ESTABLISHMENTS.

Accreditation of Internet Cafe establishments in the City shall take the following forms and processes;

B. The Board shall be composed of the following:
The CITY MAYOR - CHAIRPERSON
The CITY ADMINISTRATOR – CO-CHAIRPERSON
The CHIEF of the Business Bureau – VICE-CHAIRPERSON
-MEMBERS-
1. CHA1RPERSON,
Information Technology Committee of the City Council;
2. CHAIRPERSON
Education, Science and Technology Committee of the City Council;

Page 6 of 8
Ord.No. 0227-04
3. CHAIPERSON
Council for the Welfare of Children (CWC) or any designated
representative;
4. REPRESENTATIVE, PRESIDENT, OR DULY ACCREDITED
MEMBER.
Association of internet cafe operators/owners in Davao to be appointed by the Cily Mayor;
5. REPRESENTATIVE,
Technical Education and Skills Development Authority (TESDA);
6. THE CITY LEGAL OFFICER of Davao City or his duly DESIGNATED REPRESENTATIVE,
7. REPRESENTATIVE,
Non-government Organization (NGO) identified with information technology-related advocacy to be appointed by the City Mayor upon recommendation by the body.
C. All Internet Cafe establishments must be accredited as such by the Board.
D. Accreditation shall be a requirement for the issuance of business
permit or license to operate.
E. SECRETARIAT. The personnel who will act as Secretariat of the accrediting body will be composed of four (4) employees from the Business Bureau and one (1) Legal 0fficer from the City Legal 0ffice. The Secretariat shall be appointed by the accrediting board upon recommendation by the Chief of the Business Bureau and City Legal Officer, respectively.
SECTION 8. FUNCTIONS OF THE ACCREDITING BODY
The following are the functions of the accrediting body.
1. Formulate policies and criteria to serve as guidelines for accreditation of Internet Cafes in the city;
2 . To accredit Internet Cafes after complying with all the necessary requirement; provided by the Board;
3. To conduct monitoring activities and ocular inspections, on its own or in coordination with the school administrators and Barangay Officials, in pursuance of its functions in accrediting internet cafes in Davao City and in order to determine if the duly accredited internet cafes have been following provisions of Ordinance 106, Series of 2000;

Page 7 of 8 Ord.No. 0227-04
4. To recommend to the City Mayor through the Business Bureau the closure of any accredited internet cafe found violating Ordinance No. 106, Series of
2000;
SECTION 9. PUNISHABLE ACTS
Under this Ordinance, the following acts committed by Internet Cafe Establishments shall be deemed punishable and subject to the penalties set forth under Section 10 hereof.
1. Operating an Internet Cafe without business permit or license;
2. Operating other business in combination with internet services without the necessary business permit or license;
3. Allowing students to surf or source data/information other than those needed for study or educational purposes during prescribed class hours;
4. Selling or allowing the use or consumption of prohibited drugs and intoxicating drinks within the Internet Cafe premises;
5. Smoking and selling of cigarettes within its premises, especially to children and minors;
6. Allowing the use of internet facilities for fraud and deceit whether of sexual or business nature, promotion of indecent and immoral behavior, the sourcing or accessing of depictions of nudity, graphic sex and all other forms of lewd pictorial presentations, injurious materials and confidential websites that are protected by the government, gambling, and other criminal activities.
SECTION 10. PENALTY
Violators of this Ordinance shall be subjected to the following penalties:
1. A fine of PI,000.00 for the first offense and/or 5-day suspension of business operation;
2. A. fine of P3,000.00 for the second offense and/or two weeks suspension of business operation;
3. A fine of 5,000.00 and/or revocation of business permit by the Mayor for the third offense
SECTION 11. SEPARABILITY CLAUSE. If for any reason any Section of the Ordinance is declared unconstitutional or invalid, the other Sections or provisions hereof which are not affected thereby shall continue to be in full force and effect.

Page 8 of 8
Ord. No. 0227-04

SECTION 12. FUNDING. Any amount needed in the implementation of this Ordinance shall be derived from the Office of the City Mayor or from any source of funds that may be made available for the purpose.
SECTION 13. REPEALING CLAUSE. Any ordinance, local issuances or rules inconsistent with (he provisions of this Ordinance are hereby repealed or modified
accordingly.
SECTION 14. EFFECTIVITY. This Ordinance shall take effect upon approval and publication in a newspaper of general circulation.
ENACTED, June 1, 2004 by a majority vote of all the Members of the Sangguniang Panlungsod.
CERTIFIED CORRECT:
LOLITA C. GARCIA
Secretary to the Sangguniang Panlungsod (City Government Department Head II)
ATTESTED:

EMMANUEL D. GALICIA, SR,
Speaken Pro Tempore
Acting Presiding Officer
/Ivl
APPROVED Jul 08 2004 ,2004

RODRIGO R. DUTERTE
City Mayor

ATTESTED:

ATTY. WENDEL E. AVISADO
CITY ADMINISTRATOR

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Many people lose their homes, cars and the hardest of all, their loved ones.  It was a tragic event that we can imagine.

 However, it is good those even non-organizations are giving out help especially relief goods. Ordinary Filipinos pool their money and donate their clothes to help the victims.

 The Internet Café Association of Davao (ICAD), Inc. shared the same zeal to help our Kababayan. By pooling out donations from the members, we distributed our share through a local TV Network on October 2, 2009.

 The ICAD President Adolfo C. Solanor, Sr. has expressed his deep appreciation to all the members who gave their full support for a cause and asked their continuing cooperation for the success of the association.

  The 2010 Mindanao Internet Cafe Association Summit will be held on February 18 and 19, 2010 at SM City Davao , Davao City . Lead organization will be the Internet Cafe Association of Davao .

“Asserting Leadership in the Community ICT Access for Peace and Development in Mindanao”

The internet café industry has been around for more than two decades now if we take into consideration the establishments of LAN gaming centers in the late 1990’s but it is sad to say that it has never really asserted its leadership in the field of community ICT access in the country. In a recent study by Yahoo Philippines and Nielsen entitled “Internet Habits Study for the Philippines” it was found out that the Philippines has one of the smallest computer penetration rate in South East Asia which stands at 14 percent of the total population having computers at home. Despite of this, Filipinos are one of the most active users of the internet in which 28 percent of the Filipinos living in urban centers have accessed the internet in a particular month or on an average of 5 percent of our total population uses the internet on a particular day.

In a correlated study that was submitted to the World Bank, Commission on Information Communication Technology and the National Telecommunications Commission entitled “Policy Options to Stimulate ICT Universal Service” it showed that broadband subscriber penetration is at 2.45 percent with only 15 percent of the country covered by broadband internet infrastructure. Despite of this they found out that 26 percent of the total population of the Philippines goes online on a given time frame. Both studies found out that 70 percent of all internet access made in urban centers in the Philippines actually comes from the internet cafes. In the same study that was submitted to the World Bank, CICT and NTC part of the recommendations there was to develop government policies that would make internet cafes as effective access points for ICT at the community level.

It talks about recognizing the vital role of the internet cafes plays in providing ICT access to the community that they serve. It aims for the development of the industry from the traditional gaming business model to a more dynamic one that could offer a full line of ICT related services to the community. It strives for developing the internet café in the following field:

1. The Internet Cafes as Centers for Education and Excellence – internet cafes could serve as access centers for ICT for students and teachers to further enhance their learning experience. It also makes it possible for those living in remote places to have access to updated learning materials that they could use in their day to day activities in school. CICT projects like the eSkwela makes it possible for out of school youths to earn their high school diploma thus providing greater opportunities for them to have a better future.

2. The Internet Cafes as Centers for Community Access to Vital Government Services – growth and stability of a particular area largely depends on the strong presence of the government providing it with vital services that it needs. The internet cafes could serve as access points of the community to vital government services even in the remote areas. One does not need to go to a far away government center and line up for long hours just to get the their vital documents. The government’s eSerbisyo website makes it possible for one to get their birth certificates online and to apply for a passport that they might need in their job application in other countries.

3. The Internet Cafes as Centers for the Further Development of eCommerce in the Philippines – developments in the field of ICT made it possible to break down boundaries in the field of economic development. From operating in a round world which basically connotes separation of states, the world of today is flat meaning that economic opportunities are now available for people in all parts of the world not only to the developed countries. One must not have a physical store today to trade goods and services. ICT made it possible for people to earn a living online. Further engagement in ICT has shown that it provides to stimulate economic activities in a particular area. From a remote beach resort destination in the past, Boracay has been transformed to the number one tourist destination in the Philippines primarily from blog post shared by people who experienced its beauty. There are a lot of interesting places in the Philippines that could be developed as tourist destinations that the internet cafes could play a vital role in disseminating information about these places so that people would be aware of it.

4. The Internet Cafes as Centers for Collaboration and Community Building – achieving peace and stability in an area involves the participation of people at the community level. It primarily involves keeping the people informed of the latest issues affecting their community. The internet cafes could serve as a vital link to people in the community as they share each other experiences online and somehow come up with a consensus on issues affecting them. The recent experience of the Philippines with regards to typhoon Ondoy had shown the active engagement of people to be of service to those who needs it based on the information provided by those in the affected areas. It has provided the people and government of a clear situation on the ground so that adequate help could be provided to those who are in need.

Thus internet café operators must play a vital role in community building. It is hoped that they would actively get involved in the building of a community of people that are empowered through ICT to seek changes in their community. Through the resources that they have available in their respective internet cafes one could start building bridges to address the basic issues separating their respective communities. It provides the opportunity for economic and social development at the community level through the advances in ICT.

1.   Updates, what’s up – information

2.  Affiliations private and public (e.g. davao chamber, ict davao, local government units, ICAB)

3.  Voice for the industry (only recognized i-café organization), recognized regional and national stakeholders.

4.  Network (e.g. gaming companies, isps, other private companies), partnerships

5.  Conduits to different parties

6.  Access to trainings and seminars

7.  Opportunities for additional business/income

8.  Conduct of events for the membership
          e.g. Internet Summit, Mindanao Internet Café Associations Summit, Tournaments etc.

9.  Technical Knowledge sharing and discussions

10.  Tips on Best Pratices on Internet Cafe operations.

11.   Fee website!    yourcafename.icad.ph