Title 23 – Public Moral


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Chapter I

Display of Obscene Pictures or Showing of Pornographic Materials in Movie Houses, Magazine Stands, Hotels and Other Public Establishments

Section 1. All movie houses, magazine stands, hotels and other public establishments in the City of General Santos are prohibited/banned to display obscene-nude pictures, or showing of pornographic materials in their business establishments.

Section 2. Violation of this ordinance by the owner, operator or manager of movie houses, magazine stands, hotels and other public establishments shall be punished by a fine of Two Thousand Pesos (P2,000.00) for the first offense, Three Thousand Pesos (P3,000.00) for the second offense, and Five Thousand Pesos (P5,000.00) and imprisonment of one (1) year without prejudice to the cancellation of business permit on the third offense.

 

Chapter II

Publication of Immoral Doctrines and Pornographic Materials

Section 1. The publication and circulation of immoral doctrines and pornographic materials within the City of General Santos are hereby prohibited. This ordinance shall be known as “Anti-Immoral Doctrines or Pornographic Materials Ordinance of 1991”.

A) Immoral, lewd, obscene, doctrines and publications or pornographic materials are defined as those which publicly expound or proclaim doctrines openly contrary to public morals like but not limited to obscene-nude pictures and caricatures showing sex organs, sex acts, bed scenes, bold stories and literatures.

B) Mere nudity in pictures or paintings are not violative of this ordinance if these are acquired by persons with unquestioned morality and exhibit them freely in their houses as works of art. As regards to pictures, the proper test is whether the motive of the picture as indicated by it, is pure or impure, or whether it is naturally calculated to excite impure imaginations. (People vs. Serrano, CA-GR. No. 5566-R, Nov. 24, 1950)

C) It is true that photographs portraying naked primitive forms reminiscent of those displayed by the first inhabitants of Eden may serenely depict humanity in all its natural and structural manifestations of beauty which may not be offensive to the public mind because they are not coupled with evident intention to demoralize and challenge the sensitivities of human nature. But when it appears that such publication is designed to stir the imagination and suggest a mental picture not to promote but rather to debase such sensitivities, the publication ceased to be decent and therefore, the law must intervene.

Section 2. Those who shall distribute, circulate, publish, sell and/or peddle, or owner of establishment where such indecent, immoral, lewd and obscene doctrines and other pornographic materials are distributed, circulated, published, or sold shall be penalized as follows:

A fine of Two Thousand Pesos (P2,000.00) for the first offense, Three Thousand Pesos (P3,000.00) for the second offense, and Five Thousand Pesos (P5,000.00) and imprisonment of one (1) year without prejudice to the cancellation business permit on the third offense.

2.B. – The pornographic materials shall, upon conviction of the offender, be forfeited in favor of the city government and thereafter be destroyed.

 

Chapter III

Visibility of User of Internet

Section 1. For purposes of this Ordinance, the phrase “commercial establishments with internet connections” shall be understood to mean any business enterprise such as cafés, 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 Administrator’s Office shall strictly oversee the full enforcement of the foregoing provisions to ensure compliance of all concerned.

 

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