Republic Act Essay

SECTION II: 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 shall institute a balance policy whereby the use of technology such as internet cafà ©Ã¢â‚¬â„¢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 business and stakeholder are not adversely compromised. SECTION III: PURPOSE It is the main thrust of this Act to: A. Prevent minors especially the student from hanging out at some Internet cafà ©s and videogame shop/centers and other related establishments thereby promoting the sphere of education; B. Prevent the youth from excessively playing videogames thereby shielding them from becoming video game addict which cause the commission of crime by reason of desperation for money to feed their habit; C. Protect the minor for being the object of sexual exploration by paedophiles, foreign or local; SECTION IV: DEFINITION OF TERMS As used in this Act, the following shall mean: A.PERSON- refers to an individual, partnership, corporation 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 any computer can directly get information from any other computer in the network. D.INTERNET CAFÉ- a place of business that has a number of networked personal computers with access to the internet for surfing, chatting, e-mailing and research this is available for use by customers for fee by the hour of fraction of an hour. The business establishment may or may not be serving coffee, and/or similar beverages. Also included are cyber cafà ©, arcades, and lounges. E.COMPUTER RENTAL SHOP- refers to a business establishment with two (2) or more computer units that offers internet service, typing, printing services and gaming shop center. F.COMPUTER GAMING SHOP OR CENTER- refers to a establishment with two or more computers connected on a local area network that exclusively offers either online games (connected to the internet) or LAN games (not connected to the internet). G.SCHOOL DAYS- refers to the regular working days of the week, Monday to Friday exclusive legal and special holidays. SECTION V: PHOHIBITED ACTS The owner/proprietor/manager/attendant of internet cafà ©Ã¢â‚¬â„¢s or computer rental shops/computer gaming shop or center shall be strictly prohibited from admitting or allowing minors, during school hours and school days to: a) Enter into such establishment, b) Use the computer facilities in such establishments. It shall not be a defence for the owner, proprietor, manage, partner and attendant that he/she did not know or was not aware of the real of the minor. Neither shall it be a defence that he/she did not know nor any reason to believe that the minor is the one using the computer is an instance accompanied by an adult. If said establishment is owned by partnership or 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 VI: AUTHORIZED RESEARCH/ACTIVITY FOR EDUCATIONAL PURPOSES A. Any establishment mentioned above allowing minor to enter said establishment during school days for purposes of research shall not be covered by this Act, provide that the minor shall carry a school identification and clearance or permit signed by the principal or teacher in charge concerned to be presented to said establishment otherwise admission refusal is a must. B. For minors belongs to the out-of school youth or those who does not have school identification, they may enter and use the computer facilities provide it is not within or during school hours and with the written approval from from their parents. SECTION VII: PRESUMPTION OF ADMISSION Unless proven otherwise, minors found inside such establishments is prima facie proof that the owner, management, partner, attendant has consented or permitted entry thereof. SECTION VIII: DUTIES AND RESPONSIBILITIES OF OWNERSHIP, PROPRIETOR, MANAGEMENT OF INTERNET CAFES OR COMPUTER RENTAL SHOP/COMPUTER GAMING SHOP CENTER Owners, proprietor/management and attendants of internet cafes or computer rental shop/computer gaming shop are required to perform and undertake the following measure 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 IX: POOF OF AGE VERIFICATION In case of doubt as to the age of the client/costumer, the owner, manager 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 establishment. SECTION X: REGULAR INSPECTION and POLICE VISIBILITY Philippine National Police in the locality shall conduct regular inspection and police visibility in the above mention establishment 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 XI: PENALTIES The following are the penalties for the violation of any provision of this Act: a) For 1st offense- a fine of P50,000 for violation of any of the provision of this Act; b) For 2nd offense- fine of P100,000 and/or revocation of business permit and licence to operate, and closure of the establishment or both at the discretion of the court. SECTION XII: IMPLEMENTING RULES AND REGULATION 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 XII: 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.