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Case Study: Iloilo City R.O. No.

2011-222 Anti-Pornographic Website Ordinance

In Partial Fulfillment of the


Requirements in
PA 325

Kirstie Marie Saldo


AB Political Science and Public Administration- 4
Central Philippine University

Prof. Ernesto Saquibal, Jr.

March 2016
INTRODUCTION

A. Objectives of the Case Study


This case study specifically aims to:
1.
2.
3.
4.
5.
6.

Provide general information on R.O. No. 2011-222


Elaborate how R.O. No. 2011-222 was formulated
Highlight the significance of R.O. No. 2011-222
Describe the Policy Formulation Process
Describe the Policy Implementation Process
Provide conclusion and recommendations

B. Methodology
This case study was undertaken through the use of internet research, interview, and general
observation of the author.

C. Significance of the Study


This topic was chosen by the author because it has been around since 2011 and is widely known
to be implemented in the city; yet, there are observed loop holes in the implementation of the
ordinance. The city does not tolerate immorality. R.O. No. 2011-222 has great significance and
impact in the protection of the dignity of human body, especially of female body. The ordinance
also protects minors from harmful media that is detrimental to their psychological and
sociological development. It also discourages malicious acts such as sexual harassment and rape
through this ordinance.

D. Scope and Limitations


The case study is only limited to R.O. No. 2011-222 and does not cover any other related
ordinances. The ordinance will only be discussed in the context of Iloilo city, Philippines.
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General observations are held by the author herself, only, and interviews were only held in
different areas within Iloilo city.

THE CASE STUDY: DISCUSSIONS AND ANALYSIS

A. Background
R.O. No. 2011-222 (Anti-Pornographic Website Ordinance) drafted by Hon. Nielex Tupas, is an
ordinance An ordinance regulating & requiring all commercial establishments offering internet
services to provide an appropriate computer program, software, filters & such other implements,
gadgets or measures to prevent customers access to pornographic websites & providing penalties
for violation thereof.
R.O. No. 2011-222: An ordinance regulating & requiring all commercial establishments offering
internet services to provide an appropriate computer program, software, filters & such other
implements, gadgets or measures to prevent customers access to pornographic websites &
providing penalties for violation thereof.
The local government, Iloilo City, unit under the general welfare clause of RA 7160 may
prescribe reasonable regulations to protect lives, health and property of their constituents and
maintain peace and order within their respective territorial jurisdiction. Therefore, in observance
of Section 13, Article II of the 1987 Philippine Constitution provides that "the 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...", R.O. No. 2011-222 was passed.
Easy access to immoral and obscene websites in the internet has brought many disturbing
influences and poses danger to the morals of the public, especially to children.
Public availability of internet pornography must be limited by the city government. Through
R.O. No. 2011-222, it is illegal to download explicit pictures and stories, exchange sexually
suggestive E-mails, view sexually arousing videos/pictures that opens up and plays on computer
screens (pre-recorded or live), stream sexually or even suggestively on web cam, participate in
general or private mature chat rooms that often leads to cybersex, phone sex, or actual meetings
in the flesh.
These varied forms of pornography are viewed to corrupt the mind of Ilonggos, especially
minors.
Important information and provisions in the ordinance include:

Art. 1. Section 3. That this ordinance is enforceable and applicable within the entire territorial
jurisdiction of Iloilo City
Art. 1. Section 5. Prohibited Acts include:
a. Failure by establishment owners to provide or install proper filters, software, or program
to block or deprive customers to access to pornographic sites; and
b. Allowing customers or clients to open any website containing pornographic materials on
the internet.
c. Allowing minor customers of an internet service during class hours from 8:00-11:30 AM
and from 1:00-4:00 PM, except on Saturday, Sunday, Legal Holidays, as well as Summer
and Christian Vacation or upon a written permit or any other form of authorization issued
by the school principal.
d. Downloading, opening, and viewing of any website containing pornographic materials by
anyone while within the establishment offering internet service.

Art. 1. Section 6. Duty of the Establishments Offering Internet Services include:


a. All establishments offering internet services are required to install proper filters, software
or program to block or to deprive customers access to pornographic sites.
b. A written notice of prohibited acts under this ordinance must be posted in a conspicuous
place within the vicinity of the establishment and on each unit of computer, which can
readily be seen and read by their customers.
c. After the effectivity of this Ordinance, owners and/or operators of internet establishments
are prohibited to construct closed and/or covered cubicles for their computer units.

Art. 1. Section 7. Issues certification wherein all establishments that offer internet services are
required to obtain certification fron the Office of the Zoning Board that their establishment is
located outside the 200-meter radius from school premises.

Art. 1. Section 9. Provides that violations will result to penalties:


First Offense- P1,000.00 fine and closure of business establishment for two (2) days.
Second Offense- P3,000.00 fine and closure of business for one (1) week.
Third and subsequent Offenses- P5,000.00 fine and cancellation or revocation of business
permit/license and/or imprisonment not exceeding one (1) year or both fine and imprisonment at
the discretion of the court for those person/s responsible for the recurring violations.

B. The Policy Formulation Process


1. Initiation/Agenda Setting
33rd Sangguniang Panlungsod of the City of Iloilo, Philippines spearheaded by
Hon. Nielex Tupas, initiated, created, and passed the R.O. No. 2011-222 (AntiPornographic Website Ordinance) approved by City Mayor Jed Patrick Mabilog. It was
enacted March 08, 2011.
The interests of the minors and the general public dominated the agenda setting
stage as the ordinance was drafted with the constituents preservation of morality in mind,
especially of minors.
The policy was initiated formally following the parliamentary procedures of the
City government.
General public participated in the initiation and agenda setting, educators and
parents were most especially, consulted regarding the ordinance.

2. Policy Formulation/Adoption
The ordinance was formally approved and adopted. There were formal committee
hearings, public consultations, debates, and advice from experts. Participation was
widespread and included owners and operators of business establishments offering
internet service. Educators and school employees are required to observe and help uphold
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the ordinance. Parents and minors were required to observe strict schedule as to when
they can be inside internet stations.

C. The Policy Implementation Process

City Internet Regulatory Board (CIRB) was created where City Mayor is Chairman and City
Planning and Development Officer is Vice Chairman. Members the constitute the CIRB are
the Chairman of Committee on IT and Computerization, Permits and Licensing Officer,
Chairman of Iloilo Task Force on Anti-Piracy, Anti-Pornography, Internet and Gaming
Centers, City Computerization Officer, Representative from Internet Service Providers,
Representative from an establishment offering internet services, Representative from the
Academe, Representative from religious sector. The CIRB may grow in number as deemed
necessary by the Chairman.
Powers and duties of CIRB include coordinating with appropriate authorities/officers of City
Government regarding the campaign against pornography. CIRB can monitor, direct, and
cause immediate investigation of cases, inspect internet establishments, and prepare and
implement fast tract plans of action fast tract plans of action fast tract plans of action tract
plans of action.
The R.O. No. 2011-222 is widely implemented successfully in the city because you can see
Anti-Pornography notices and signage in most internet shops, especially the big and famous
ones situated along the main roads.
There are internet shops that closed because they did not meet the 200-meter radius
requirement of the ordinance. The author has personal knowledge and can testify to internet
shops near Central Philippine University that was forced to close because of being too near
the school. The author has also observed whether minors are allowed during class hours and
could testify that there is strict implementation in most internet shops, especially the ones
situated along main roads.

However, the author could also testify that there are internet shops hidden in private
residences that are open to business. Some homes have a space where they provide internet
service to customers. These internet shops could be running with or without business permits.
The author could not be sure because there is no display of business permit and there are no
necessary anti-pornographic notices as required in the ordinance. The CIRB fails to raid all
internet shops because some are not situated along main roads and are small enough to be
hidden in personal residences.
The provisions of the ordinance require business establishments providing internet services
to obtain and submit a certification, however, some business owners do not obtain a business
permit in the first place and operate without the knowledge of CIRB. The general public also
contributes in the protection of these business establishments that are operating illegally
because they are not exercising vigilance and citizen action. Not a lot of people are reporting
these internet stations because they, themselves, flock in these establishments. It is also
common knowledge (however they cannot be caught red-handed by CIRB or officials of the
city government) that a lot of these small-time internet shops, especially the piso-net shops,
accept minors at any time of the day for the sake of profit.

FINDINGS, CONCLUSIONS AND RECOMMENDATIONS

The program, generally, is successful but not quite because there is wide observance of the
ordinance especially to the internet shops that are along main roads and are in plain view.
At the start of its implementation, it was reported that more than 200 internet stations were
penalized. Until today, there are reported cases of violators that are sanctioned. It is good
news, however, that most internet shops today are in steady observance of the ordinance and
so are the general public. However, inside barangays, there are still many internet shops

operating illegally, some are even jumpers. It is difficult to find them because only locals
know of these establishments and no one is reporting it to the CIRB or the city government.
The ordinance could be implemented more effectively if the task force exerts more effort in
raiding barangays for internet shops that operate without a license. Informants and
undercover agents and intelligence in each barangay would help solve the problem.

REFERENCES

205 internet stations are illegal. (2014). Retrieved March 22, 2016, from
http://www.iloilometropolitantimes.com/205-internet-stations-are-illegal/

53 nabbed for anti-curfew, 2 for anti-porn in Iloilo City - PHILIPPINES PLUS. (2011).
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Retrieved March 22, 2016, from http://www.philippinesplus.com/2011/03/23/53-nabbed-foranti-curfew-2-for-anti-porn-in-iloilo-city/

Hon. Nielex Tupas. (n.d.). Retrieved March 22, 2016, from


http://lextupas.wix.com/nielex#!regulation-ordinance-no-2011-222/c1pl

Iloilo City Council. (n.d.). Retrieved March 22, 2016, from


http://www.iloilocitycouncil.org/index.php/component/k2/item/37-summary-ofregulation-ordinances-july-2010-june-2013