Republic of the Philippines Province of Misamis Oriental SANGGUNIANG PANLALAWIGAN Provincial Capitol Compound, A. Veer St, Cagayan de Oro City 9000 Tol/fax No. (08822) 714545, Tel No, (08822) 721254 May 18, 2022 HONORABLE REY AMELITO K. TAN Vice Mayor Salay, Misamis Oriental Dear Vice Mayor Tan: This pertains to Ordinance No. 55-2021, entitled “AN ORDINANCE REGULATING THE OPERATION OF ALL BUSINESS ESTABLISHMENTS OFFERING RETAIL INTERNET SERVICE CONNECTION IN THE MUNICIPALITY OF SALAY AND FOR OTHER PURPOSES?” which was submitted to this office for review. Please be informed that the Sangguniang Panlalawigan of Misamis Oriental has declared your Ordinance through SP Resolution No. 1783-2022 dated April 11, 2022 valid. Attached is a copy of the Sangguniang Panlalawigan Resolution for your reference. Thank you and God Bless! Very truly yours,Republic of the Philippines Province of Misamis Oriental SANGGUNIANG PANLALAWIGAN Provincial Capitol Compound, A. Velez t., Cagayan de Oro City 9000 ‘Tel/Fax No. (08822) 714545, Tel No, (08822) 721254 EXCERPTS FROM THE JOURNAL/MINUTES OF THE 1220 REGULAR SESSION OF THE 18% SANGGUNIANG PANLALAWIGAN OF MISAMIS ORIENTAL HELD ON APRIL 11, 2022, MONDAY, AT THE SANGGUNIANG PANLALAWIGAN SESSION HALL, THIRD FLOOR, ANNEX BUILDING, PROVINCIAL CAPITOL COMPOUND, VELEZ ST., CAGAYAN DE ORO CITY. Present: HON. GERARDO P. SABAL, Ill Provincial Board Member Temporary Presiding Officer HON. VINCENT K. PELAEZ Provincial Board Member HON, SYREMAE N. EMANO- Provincial Board Member HON. NANCY S. MADJOS| Provincial Board Member HON. KERWIN JESS N. SOLDEVILLA, SK Provincial Board Member HON. MICHELE N. ANAYRON, PCL Provincial Board Member HON. DEXTER B. YASAY Provincial Board Member HON. LEONARD M. WINSTANLEY, LNB Provincial Board Member HON. ALLAN M. MANDOKITA, IPMR Provincial Board Member Official Business: HON. JEREMY JONAHMAR G. PELAEZ Vice Governor HON. JERRY V. KHU Provincial Board Member HON. WAYNE T. MILITANTE Provincial Board Member HON. FREDRICK Y. KHU Provincial Board Member HON. JESSA JOSEPHINE B. MUGOT Provincial Board Member HON. VIRGELIA F. DUMADAG Provincial Board Member RESOLUTION NO. 1783-2022 RECOMMENDED BY: Committee on Rules, Laws and Ordinances, Legal Matters and Privileges RESOLUTION DECLARING AS VALID MUNICIPAL ORDINANCE NO. 55 SERIES OF 2021 OF THE MUNICIPALITY OF SALAY, MISAMIS ORIENTAL ENTITLED “AN ORDINANCE REGULATING THE OPERATION OF ALL BUSINESS ESTABLISHMENTS OFFERING RETAIL INTERNET SERVICE CONNECTION IN THE MUNICIPALITY OF SALAY AND FOR OTHER PURPOSES.” WHEREAS, the Municipality of Salay, Misamis Oriental has submitted Ordinance No. 55 Series of 2021 to the Sangguniang Panlalawigan for review; WHEREAS, Ordinance No. 55 Series of 2021 regulates the operation of all business establishments offering retail intemet service connection in the Municipality of Salay and for other purposes; WHEREAS, all the necessary documents required under the Local Government Code of 1991 and other existing laws have been complied with and submitted to the Sangguniang Panlalawigan for ready reference; WHEREAS, the Ordinance was referred to the Commitiee on Rules, Laws and Ordinances, Legal Matters and Privileges for its appropriate action; WHEREAS, Section 447 (a}(1) of the Code empowers the Sangguniang Bayan, as the legislative body of the Municipalily, to enact Ordinances, approve Resolutions and appropriate funds for the general welfare of the Municipality and its inhabitants pursuant to Section 16; WHEREAS, Section 468 (a) (1) of the Code mandates the Sangguniang Panlalawigan, as the legislative body of the Province, to review all Ordinances approved by the Sanggunians ofPage 2 of Resolution No. 1783-2022 component Cities and Municipalities and Executive Orders issued by the Mayors of said component units fo determine whether these are within the scope of the prescribed powers of the Sanggunian and of the Mayor; WHEREAS, the Committee on Rules, Laws and Ordinances, Legal Matters and Privileges has reviewed Ordinance No. 55 Series of 2021 and found it to be within the scope of the prescribed powers of the Sangguniang Bayan of Salay; WHEREAS, the Sangguniang Panialawigan of Misamis Oriental concurs with the findings and recommendations of the Committee; NOW, THEREFORE, on motion of Provincial Board Member Michele N. Anayron, duly seconded, be it: RESOLVED to declare as valid, as the Sangguniang Panlalawigan hereby declares as valid, Ordinance No. 55 Series of 2021 of the Municipality of Salay, Misamis Oriental entitled “AN ORDINANCE REGULATING THE OPERATION OF ALL BUSINESS ESTABLISHMENTS OFFERING RETAIL INTERNET SERVICE CONNECTION IN THE MUNICIPALITY OF SALAY AND FOR OTHER PURPOSES.” | HEREBY CERTIFY to the correctness of the foregoing Resolution. ie AC. PIOQUINTO ard Secretary RECOMMENDED: ATTESTED: GERARDO Provincial BRepublic of the Philippines Province of Misamis Oriental swak aay! MUNICIPALITY OF SALAY OFFICE OF THE SANGGUNIANG BAYAN Excerpts from the Minutes of the 121® Regular Session of the Sangguniang Bayan of Salay, Misamis Oriental, held at the SB Session Hall on 15 November 2021 Present: Hon. Rey Amelito K. Tan = Municipal Vice-Mayor Presiding Officer Hon. Roy M. Rostata - SB Member Hon. Dianne Jane L.Galamiton - | SB Member Hon. Glenn D. Zambrano, Sr. - SBMember Hon. Imelda C. Deang - SB Member Hon. Lorimer U. Mangay - SB Member Hon. Ronald S. Cervantes - SB Member Hon. Canesio G, Tagarda - SB Member Hon, Jacqueline C. Abejuela - SB Member Hon. Jean Paul N. Redondo - ABC President Hon. Tomas F. Cape, Jr. - SK Municipal Federation President Absent: Jere UL 1c VOC UB VLAN, None MISOMIS ORIENTAL ORDINANCE NO. 55 SERIES OF 2021 SPONSOR: HON. GLENN D. ZAMBRANO, SR° a “AN ORDINANCE REGULATING THE OPERATION OF ALL ESTABLISHMENTS OFFERING RETAIL INTERNET SERVICE CONNECTION IN THE MUNICIPALITY OF SALAY AND FOR OTHER PURPOSES" SECTION |. TITLE. An Ordinance regulating the operation of all business establishments offering retail internet service connection in the Municipality of Salay and for other purposes. SECTION Il. SCOPE AND COVERAGE. This Ordinance shall cover the operation of all business establishments offering retail internet service connection in all 18 Barangays of the Municipality of Salay. SECTION Ill. DEFINITION OF TERMS/PHRASES, as used in this Ordinance. a. Local Government Unit or LGU — refers to the Local Government Unit of Salay. b. Business Establishments offering Retail Internet Service Connection - refers to internet shops or cafés, wifi vendos or their variants and other forms of internet vending machines not explicitly defined in the definition of terms, pisonets, and their variants, and all other business establishments which’ offer one or a combination of access to retail internet service connection for a fee. Intermet Shop — also called an internet café, is a business establishment that offers internet access through their desktop or laptop computers for an hourly fee. 9d.Pisonet and its variants- also known as “hulog-piso" are a mini-type internet or gaming vending machine. It is a "slot machine-like InteVAMD- based PC" built using a "clone or assembled desktop PC" with an LCD monitor, boxed in an enclosed-type cubicle, and mostly run under Windows Operating System. It is powered by a "coin selector/acceptor" component that users must first insert "one-peso coin", other variants accept five-peso coin" for it to operate. e. Wifi Vendo — or wifi vending machines or retail wifi internet access-allows the user to connect to the internet via wifi, cellphone, laptop, or similar gadgets. To connect to the wifi, the user inserts a coin, and the vending machine generates a unique username and password, which the user then uses to log in to its portal f. School-age children — refers to children aged five (5) up to 17 years old. g. Persons-in-Authority — is the term used to refer to the Composite Business Tax Mapping and Verification Team, Philippine National Police Personnel, Barangay Captain, Barangay Officer(s), or their duly authorized representative(s) h. Composite Business Tax Mapping and Verification Team — The composite team was created by Executive Order No. 34B s, 2018, issued on 02 January 2018. The team is mandated to conduct an actual inspection of all kinds of businesses to properly determine the imposition of taxes and verification of business permits and licenses, including weights, measures, and assessment of sanitary conditions of the business establishment and proper identification of the property where the business is located. It is also tasked to determine the compliance of business establishments to existing ordinances. The team comprises [the] Municipal Treasurer, License Inspector, Sanitary Inspector, Municipal Planning and Development Coordinator or representative, Local Revenue Collector, Municipal Engineer or representative, Municipal Assessor or representative, and Bureau of Fire Protection representative. i. Repeatedly found to violate — refers to a business establishment which has been meted with penalties under this ordinance four times or more, and is subject to possible suspension or revocation of its business permit and license to operate by the Mayor. SECTION IV. REGULATORY PROVISIONS. a. Operation of PISONETS or their variants, as covered and defined under this Ordinance, are strictly prohibited in the Municipality of Salay. b. All operators of internet shops are prohibited from installing all types/kinds of offline games; c. Internet shops and wifi vendo operators must block access to all pornography sites; d. Where viable, the internet shop should be constructed separate from the house of the operator. However, if this is not possible, the operator must install walls or separators to delineate the working area of the internet shop from his/her home space e. The layout and arrangement of the computer stations/cubicles inside the computer shop must allow easy acess and provide a clear view to persons- in-authority during inspection. f. The slot of the Wifi vendo or similar machines must be covered or closed during the curfew hour period.g. Unless falling under the exemptions provided under Section IX, internet shops or similar establishments should not accept school-age children during school hours or not earlier than four o'clock in the afternoon up to thirty (30) minutes before the start of the curfew period from Mondays to Fridays. On weekends or during holidays, internet shops and similar establishments may allow school-age children from nine o'clock in the morning up to thirty (30) minutes before the curfew period g.1. Wifi vendo operators must not allow their premises to be used by school-age children during school hours or not earlier than four o'clock in the afternoon up to thirty (30) minutes before the start of the curfew period from Mondays to Fridays. On weekends or during holidays, wifi vendo operators may allow school-age children from nine o'clock in the morning up to thirty (30) minutes before the start of the curfew period. h. The Composite Business Tax Mapping and Verification Team shall conduct regular monitoring to ensure compliance of all business establishments to the minimum requirements set forth by this Ordinance. h.1. The Barangay Council concerned and the other authorized persons-in- authority is directed to assist the Composite Business Tax Mapping and Verification Team in monitoring the compliance of all business establishments in their respective areas of concern. SECTION V. ADMINISTRATIVE PROVISIONS. To secure a valid business permit, any person or group of persons who intend to engage, establish and operate a retail internet service connection in the Municipality of Salay must first comply with the following minimum requirements, to wit a. Application/ Registration Form b. Proof of ownership/iease contract of the internet café building c. Barangay clearance duly issued by the barangay under the internet shop or wifi vendo address. d. Proposed Rate of fees and charges imposed to users/clients/costumers/ by the establishment. e. Police clearance f. Fire clearance g. Health Certificate h. Sanitary Inspection Permit SECTION VI. FEES AND OTHER CHARGES. The Fees and Charges for establishments offering retail internet service connections shall be based on the existing Municipal Revenue Code. SECTION VII. HEALTH PROVISIONS. All internet establishments must fully comply with the provisions set forth under Ordinance No. 28 series of 2020 or An Ordinance establishing the minimum public health standards in the Municipality of Salay as prescribed under DOH Administrative Order No. 2020-0016, providing the necessary mechanisms for their implementation thereof and for other purposes and its Implementing Rules and Regulations (IRR). SECTION Vill. SPECIAL PROVISION. Provisions found under /V.g. and 1V.g.1. are suspended until the full resumption of face-to-face classes. The internet shop and wifi-vendo operator(s) may allow the use of their premises for school-age children from nine o'clock in the morning up to thirty (30) minutes before the curfew period: provided that all users strictly observe the prescribed minimum public health standards. However, IATF issuances on the use of outdoors by children shall be the prevailing guideline.SECTION IX. PENAL PROVISIONS. Any violation of the relevant provisions found under this Ordinance shall be penalized in the following order—- First Offense - P1,000.00; Second Offense = 1,500.00; Third Offense a 2,000.00; Fourth & succeeding offenses - 2,500.00; SECTION X. EXEMPTIONS. Business establishments offering retail internet service connections for online distance learning are exempted from the prohibitions under Section IV.g. and Section IV.g.1, provided that they have a special arrangement with the Department of Education (DepEd) or with the Local Government Unit of Salay SECTION XI. SUSPENSION AND REVOCATION OF BUSINESS PERMIT. Invoking Section 444 (b) (3) (iv) of the Local Government Code of 1991, the Mayor is hereby authorized to suspend or revoke the business permit and license to operate of a business establishment covered hereto, which is repeatedly found to violate the provisions under this ordinance. SECTION Xil. SEPARABILITY CLAUSE -— If, for any reason, any section or provision of this Ordinance is declared unconstitutional or invalid, all other sections or provisions hereof which are not affected by such declaration shall continue to be in full force and in effect. SECTION XII. REPEALING CLAUSE. All previous Ordinances, rules, and regulations or parts thereof, in conflict with or inconsistent with any provisions of this Ordinance, are hereby repealed and modified accordingly. EFFECTIVITY. This Ordinance shall take effect upon its approval. ENACTED: 15 November 2021 | HEREBY CERTIFY to the correctness of the foregoing Ordinance which was duly enacted by the Sangguniang Bayan during its 121% Regular Session on 15 November 2021 But MARK R: TAGARDA Secretary to the Sanggunian ATTESTED AND CERTIFIED Municipal Vice-Mayor Presiding Officer Municipal Date Approved: __2\21 2021