OTHER than shouting curses and invectives at each other, everything seems normal for a group of five young people playing the famous computer game, Ragnarok, in one of the computer shops on V. Concepcion Street. Until one of them, wearing a UST High School uniform, shouted, “Lunch break na!” Apparently, they had not attended their morning classes that day.
In August 2001, The Varsitarian published a special report on the alleged rampant violation of the zoning ordinance passed by the Manila city council. In the report, among the alleged violators are computer rental shop owners who misrepresent the nature of their business as educational computer shops that offer only word processing and internet services. They also provide, however, gaming services, which violate an ordinance prohibiting such service because of their proximity to schools.
In the report, Wilma Marca, assistant director of the Business Promotions and Development Office (BPDO), explained that the city government was hampered by the lack of city inspectors to enforce the ordinance. She said the city government would stamp “NOT TO OPERATE AS VIDEO GAME RENTAL” on the rental permits.
Three and a half years after the report, computer gaming shops seem to be winning the battle, sprouting in almost every nook and cranny of the University Belt.
Around UST alone, the number of computer-game rental shops has increased. But unlike before, computer shop owners are now more daring. Conspicuous posters of computer games are strategically placed outside the shops to attract people. Some computer rental shops offer only computer games and no word processing service.
The BPDO has yet to release the number of licensed computer rental shops in the University Belt and around UST since it has just upgraded its computer system.
With or without the official count, the University Belt would show that many computer shops have mushroomed.
Gaming services have increased programs, and online and network role-playing games are flooding rental shops.
Computer centers have also given students reason to frequent the shops by providing gaming competitions around the country.
No zoning ordinance
Computer shops are not included in Sections 643(b) and 679(g) of the Compilation of Ordinances of the City of Manila, since the ordinances were passed before 1955. The ordinances provided a shorter distance requirement of 100 meters for night clubs, and 200 meters for liquor-dispensing establishments from the center of the school.
Subsequently, Republic Act 1224 was enacted empowering municipal and city councils to regulate by ordinance the establishment and operation of amusement places in their territories. The law also specifies that no night clubs, cabarets, and other similar places shall be established within 200 meters of any public buildings, schools, hospitals and churches. Dancing schools, pavilions, cockpits, bars, saloons, bowling alleys, billiard pools, and other similar places of amusement should at least be 50 meters from any public buildings, schools, hospitals, and churches. Like the ordinances, it failed to specifically include computer shops because it took effect only in 1955.
According to a legal opinion issued by Augusto Casibang, city legal officer, dated March 29, 1989, the subsequent enactment of the law, in effect, repealed the two ordinances. As there is no subsequent legal opinion yet, the opinion of Casibang is still being applied by the city hall officials.
“We have no ordinance that regulates the distance of computer shops from schools,” said Conrado Tenorio, assistant director of BPDO.
Tenorio, nevertheless, pointed out that computer shops could be considered as places of amusement.
The law, however, provides for a radial measurement of the required distance. This means that the point of reference to determine the required distance is the center of the public building, school, hospitals and churches.
This renders the application of RA 1224 ineffective to schools with big areas like the UST.
“Because of the size of UST, the 50-meter requirement is practically useless,” said Tenorio. “In fact, if UST would allow it, there could be computer gaming shops within the campus as long as outside the 50-meter radial distance.”
To remedy this, Tenorio said BPDO imposes conditions on computer shop owners before granting business permits.
In applying for a business permit, computer shop owners are required to specify if their shop is for educational or gaming services. Educational services include word processing, Internet services and other computer programs used in schools only. Gaming services includes online or network gaming services.
According to Tenorio, computer shops permitted to provide gaming services must not allow minors to play during school hours even if they are not in school uniforms. Their permits also require them to post a sign in front of their shops reading: “No minors allowed during school hours.”
He said the BPDO conducts regular but unannounced field inspections to ensure compliance with the permit’s terms and conditions aside from inspections conducted on account of a complaint.
Tenorio claimed that the BPDO has closed some computer shops found to have violated the terms and conditions of their permits, but he failed to give the exact number of the apprehended violators, or where. Computer shops may be closed for failure to comply with the conditions for the issuance of their business permits aside from incurring criminal and/or civil liability.
Students playing
These conditions, however, are often for application purposes only and are not followed by computer shop owners.
According to Eden Tolentino, UST High School assistant principal, around 15 students were caught last year playing computer games instead of attending their classes.
Tolentino recalled an incident where the parents of a senior high school student thought that their son was in class, but later found out that he “studied” at computer shops instead. The student did not graduate since he flunked a majority of his subjects. He later on dropped out of school.
“Playing computer games instead of attending classes affects the studies of the students negatively,” Tolentino said. “It also affects their punctuality because some students go to computer shops first before going to class or even taking their exams.”
The Varsitarian checked every computer shop around the University for business permits. Most of the computer shops registered their business for educational purposes only. They, nonetheless, provide gaming services contrary to the conditions in their permits.
The Varsitarian went undercover and discovered that aside from misrepresenting the nature of their business, computer shops even allow minors wearing school uniforms to play. A few posted the required sign, but nevertheless allowed high school students to play network games during school hours.
While the law provides that the regulation of these kinds of establishments should be by ordinance, Republic Act 409, which created the City of Manila, empowers the city mayor to revoke licenses and business permits for violation of the conditions of their business permits or for any good reason of general interest.
According to Tolentino, she has filed a complaint with the Office of the Mayor nearly four years ago but it has not been acted upon. Meanwhile, the number of computer shops around the University has increased.
The demand for computers nowadays because of the convenience and amusement they provide is great. At the office, in school or at home, computers play important roles. Even on the part of the government, the revenue brought in by computer shops (taxes and fees) is undeniable.
But the arrival of computers is not without ill effects. Computer gaming, which is supposed to be a pastime, has become an opium of sorts for the young generation.
The University is strengthening the academic foundation of its students, especially in the secondary level. Outside its walls, however, it could only hope that students will prioritize their studies. It is, now, up to the local government to enforce regulations against places of amusement that downgrades the aims of education. Angelo C. de Alban
