ORDINANCE 12 series of 2005

EXCERPT FROM THE MINUTES OF THE 71ST REGULAR SESSION OF THE 14TH
SANGGUNIANG PANLUNGSOD, CITY OF GENERAL SANTOS, HELD AT THE
SANGGUNIANG PANLUNGSOD SESSION HALL, ON THURSDAY, NOVEMBER 17,
2005.
PRESENT:

Hon. Florentina L. Congson

City Vice Mayor and Presiding Officer

Hon. Shirlyn L. Baas-Nograles

City Councilor (President Pro-Tempore)

Hon. Jose Orlando R. Acharon

City Councilor (Floor Leader)

Hon. Minda L. Atendido

Leader)
Hon. Minardo A. Avila, Jr.

City Councilor (2nd Assistant Floor

City Councilor

Hon. Jose Mari C. Natividad

City Councilor

Hon. Dominador A. Lagare

City Councilor

Hon. Ramon R. Melliza

City Councilor

Hon. Zoilo C. Abing, Sr.

City Councilor

Hon. Eduardo D. Leyson III

Hon. Orlando A. Oco
Hon. Jose Mariano Constantino G. Gonzalez
Hon. Brian G. Estrellan
President)

City Councilor
City Councilor
City Councilor
City Councilor (SK Federation

ABSENT:
Hon. Lourdes F. Casabuena

City Councilor (1st Assistant Floor Leader) (O.B.)

Hon. Delia G. Rabanes

Barangay) (O.B.)

City Councilor (President, Liga ng mga

WHEREAS, Sub-Paragraph (v) Paragraph (1) m(a), Section 458 of Republic Act 7160,
otherwise known as the Local Government Code of 1991 empowers the Sanggunian to enact
ordinances intended to prevent, suppress and impose appropriate penalties for the printing,
distribution or exhibition of obscene pornographic materials or publications, and such other
activities inimical to the welfare and morals of the citys inhabitants;

WHEREAS, in relation to the foregoing, Sub-Paragraph (iv), Paragraph (4)(a), Section 458 also
of the same Local Government Code of 1991, also empowers this Sanggunian to regulate the
establishment, operation and maintenance of cafes, restaurants, beerhouses, hotels, motels, inns,
pension houses, lodging houses, and other similar establishments, including tourist guides and
transports in order to promote the general welfare;

WHEREAS, there is now a growing concern among the residents of this city, especially the
parents and the religious sector, over the alleged publication and display of exhibits of obscene
pornographic materials as well as the commission of lewd sexual acts commonly known as
cyber sex via the internet inside commercial establishments with internet connections;

WHEREAS, this problems call for this Sanggunian to immediately devise a policy aimed at
promoting the morals of the citys inhabitants while at the same time preventing the minors who
would make use of commercial internet services from gaining access to obscene pornographic
materials electronically published or engaged in cyber sex through the internet;

NOW THEREFORE, on motion of City Councilor Jose Mari C. Natividad, duly seconded by
City Councilors Minda L. Atendido, Minardo A. Avila, Jr., and Brian G. Estrellan, be it -

RESOLVED, as it is hereby resolved, to enact the following Ordinance:

ORDINANCE NO. 12
Series of 2005
AN ORDINANCE REQUIRING ALL OPERATORS/OWNERS OF COMMERCIAL
ESTABLISHMENTS WITH INTERNET CONNECTIONS FOR RENT, OPERATING WITHIN
GENERAL SANTOS CITY, TO INSTALL THEIR FACILITIES IN SUCH A WAY THAT
USERS OF THEIR COMPUTER UNITS ARE VISIBLE WITHIN THEIR ESTABLISHMENTS
AND FOR OTHER PURPOSES
-----------------------------
----Hon. Jose Mari C. Natividad, Hon. Ramon R. Melliza and Hon. Jose Mariano Constantino G.
Gonzalez Sponsors
---------------------------------

Be it ordained by the Sangguniang Panlungsod of General Santos that:

Section 1. For purposes of this Ordinance, the phrase commercial establishments with internet
connections shall be understood to mean any business enterprise such as cafs, lounges, bars,
billiard halls, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses, and
other similar establishments, including tourist guides and transports operating within General
Santos City that also offer to the public for a certain fee such internet-generated services as
electronic mailing, electronic chatting, electronic researching or surfing and all other forms of
electronic data servicing that the internet server may provide.

Section 2. All commercial establishments with internet connections for lease to the public,
operating within General Santos City are required to install their facilities in such a way that the
user of their computer units are visible within their establishments. If dividers are installed, the
same shall be transparent so that the users can see each other. In case cubicles are installed, the

same shall be done in such a way that the person or persons inside the cubicles can be seen from
the outside;

Section 3. If several computer units of the commercial establishments with internet connections
for rent are arranged in rows, it is a must that the distance between the rows must be at least one
(1) meter so as to have enough space for passage.

Section 4. Immediately after this ordinance takes effect, all commercial establishments with
computer connections for rent shall designate computer units only for the exclusive use of
minors, and thereby assign personnel to readily assist the minors with their internet activities.
Such assigned personnel must see to it that no minor shall gain access to obscene pornographic
materials through the internet;

Section 5. Starting from the date this Ordinance takes effect, all existing commercial
establishments with internet connections for rent in the city shall have until six (6) months to
comply with the requirements provided for under Sections 2 and 3 hereof;

Section 6. Violation of this Ordinance shall subject the offender to the following penalties:

(a) First Offense

Fine of Two Thousand Pesos (P2, 000.00)

(b) Second Offense

Fine of Three Thousand Pesos (P3, 000.00)

(c) Third Offense

Fine of Five Thousand Pesos (P5, 000.00) and permanent

closure of the establishment.

Section 7. The City Administrators Office shall strictly oversee the full enforcement of the
foregoing provisions to ensure compliance of all concerned.

Section 8. The provisions of previous local enactments, resolutions, memoranda, circulars and
other issuances inconsistent with this Ordinance are hereby repealed or modified accordingly.

Section 9. In the event that a provision of this Ordinance is found or declared invalid or
unconstitutional, all other provisions hereof not affected by such pronouncement or decree shall
remain to be in full force and effect.

Section 10. This Ordinance shall take effect after fifteen (15) days following the completion of
its full publication in any newspaper of general circulation within General Santos City.

Enacted by the Sangguniang Panlungsod, City of General Santos, on its 71st Regular Session held
on November 17, 2005.

CERTIFIED CORRECT:

(SGD) ATTY. ROSENDO A. ROQUE

Secretary to the Sanggunian

ATTESTED BY:

(SGD)FLORENTINA L.
CONGSON
City Vice Mayor and Presiding Officer

Approved by His Honor, the City Mayor on November 24, 2005

(SGD)PEDRO B. ACHARON, JR.
City Mayor