Tourism Code August1, 2019

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Tourism Code template 1

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AN ORDINANCE ESTABLISHING THE __________ TOURISM CODE WHICH


PROVIDES FOR THE RULES AND REGULATIONS GOVERNING THE
TOURISM INDUSTRY IN THE CITY/MUNICIPALITY, ITS PROMOTION,
SUSTAINABLE DEVELOPMENT AND PRESCRIBING PENALTIES FOR
VIOLATIONS THEREOF.

PART ONE: ADMINISTRATION

Article I. General provisions

Section 1. Short title – This ordinance shall be referred to as the Tourism


Code of the City/Municipality of _____________.

Section 2. Scope – This Tourism Code shall be applicable within the territorial
jurisdiction of the City/Municipality of _____________ and its municipal waters.

Section 3. Objectives – It is the goal of this Tourism Code to develop the


tourism industry of the City/Municipality while applying sustainable
development principles to ensure that destinations will continue to provide
social, economic and environmental benefits for many generations. (best
practices)

Specifically, the Tourism Code aims to achieve the following:


a. Provide economic opportunities and incentives to the local populace
and investors by way of job creation and income generation through
enterprise development.
b. Promote principles of wealth generation through financial literacy in
order to create stable and resilient communities.
c. Aim for the triple-bottom line, making sure that environmental, social
and economic goals are achieved by all tourism related projects and
businesses.
d. Strengthen the capability of all stakeholders in effectively managing
the local industry.
e. Establish development controls and safeguards to minimize negative
impacts of tourism to the environment and culture of the
City/Municipality.
f. Promote environmental awareness and encourage the active
participation of its people as stewards of the environment and natural
resources.
g. Promote inclusive growth by mobilizing all stakeholders of the
community, including the members of the marginalized sector.
h. Monitor the industry using selected social, economic and
environmental indicators in order to implement appropriate
interventions.
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Article II. Legal Authority

Section 4. Republic Act No. 7160 – The Local Government Code of 1991 –
The Local Government Code states in its General Provisions that the
City/Municipality administers all tourism facilities and other tourist
attractions including the acquisition of equipment, regulation and supervision
of business concessions, and security services for such facilities and is
responsible for sustainable tourism development and promotion of programs.

Article III. Declaration of policy and definitions

Section 5. Declaration of policy – It is the policy of the City/Municipality of


_______________ that sustainable development principles will be applied in the
development of its tourism industry to ensure that the industry benefits many
generations. Further, the following will be observed: (best practices)

a. Balanced development will be the ultimate goal, making sure that social,
environmental and economic goals are achieved.
b. Support will be given to all stakeholders who are interested in venturing
in tourism related businesses and are willing to apply principles of
sustainable development.
c. Special support will be given to the marginalized sector of the community
so that they can also engage in tourism related micro-enterprises and
achieve financial freedom.
d. The City/Municipality will apply inter-generational thinking in its
decision-making process, aim for long term goals and select development
options that will be beneficial to the majority.
e. The City/Municipality will apply the precautionary principle in assessing
risks related to any plans and/or developments sought to improve its
tourism products and/or resources.
f. The City/Municipal Government shall ensure that tourism development
will protect and promote the general welfare of local residents, especially
women and children, and that any act of exploitation of women and
children in tourism will not be tolerated.

Section 6. Definition of terms – As used in this Ordinance, the following


words will be defined as follows: (based on definition of terms in laws and
tourism plans)

a. Ancestral Land – lands occupied, possessed and utilized by individuals,


families and clans who are members of the ICCs/IPs by themselves or
through their predecessors-in-interest, under claims of individual or
traditional group ownership;
b. Buffer zone – identified areas outside the boundaries of and immediately
adjacent to designated protected areas designated by law that need
special development control in order to avoid or minimize harm to the
protected area;
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c. Carrying capacity – the capacity of natural and human environments to


accommodate and absorb change without experiencing conditions of
ecological instability and attendant degradation;
d. Critical watershed – refers to a drainage area of a river system, lake or
water reservoir supporting existing and proposed hydroelectric power,
domestic water supply, geothermal power and irrigation works, which
needs immediate rehabilitation and protection to minimize soil erosion,
improve water yield and prevent possible flooding. The term shall also
include areas which are traditional human settlements, land-uses, or
sea-uses which are representative of a culture (or cultures), or human
interaction with the environment especially when it has become
vulnerable under the impact of irreversible change;
e. Cultural property – shall refer to all products of human creativity by
which a people and a nation reveal their identity, including churches,
mosques and other places of religious worship, schools and natural
history specimens and sites, whether public or privately-owned, movable
or immovable and tangible or intangible;
f. Cultural sites – those that bear a unique or exceptional testimony to a
cultural tradition or to a civilization which is living or which has
disappeared or, directly or tangibly associated with events or living
traditions, with ideas, or with beliefs, with artistic and literary works of
outstanding universal significance;
g. Customary laws – body of written and/or unwritten rules, usages,
customs and practices traditionally recognized, accepted and observed by
respective ICCs/IPs and local communities;
h. Ecotourism – a form of sustainable tourism within a natural and cultural
heritage area where community participation, protection and
management of natural resources, culture and indigenous knowledge and
practices, environmental education and ethics, as well as
economic benefits are fostered and pursued for the enrichment of
host community and satisfaction of visitors,
i. Ecotourism product – a combination of assets that create an experience.
It is composed of things that one can smell, see, taste, hear and feel,
including those that are learned, enjoyed, appreciated, felt by the heart
and remembered.
j. Environmental Compliance Certificate – refers to authorization issued by
the DENR or the Governor, as the case may be, pursuant to law, in favor
of a proponent, the project of which have been reviewed, evaluated and
finally approved upon consideration that the project will not bring about
an unacceptable environmental impact and that the proponent has
complied with all the requirements of PD 1586 as well as Proclamation
2146; otherwise known as Environmental Impact Assessment System;
k. Environmentally critical areas (ECA) – refer to those socially, ecologically
and geologically sensitive areas declared or as may be provided by law or
valid proclamation as (i) areas for natural parks, watershed reserves,
wildlife preserves and sanctuaries, (ii) areas set aside as scenic/aesthetic
and potential tourist spots, (iii) areas which are the habitat of endangered
species, (iv) areas possessing unique historic, archaeological, or scientific
interests, (v) areas traditionally occupied by indigenous communities, (vi)
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areas with critical slopes, (vii) areas frequently visited by natural


calamities, (viii) prime agricultural lands, (ix) recharge areas of aquifers,
(x) water bodies, (xi) mangrove areas, (xiii) mossy and virgin forest, (xiv)
river banks, and (xv) swamplands and marshlands. Technically, it may
also validly refer to environmentally critical projects;
l. Free, prior and informed consent (FPIC) – the consensus of all members
of the ICCs/IPs to be determined in accordance with their respective
customary laws and practices, free from any external manipulation,
interference, coercion, and other analogous acts and obtained after fully
disclosing the intent and scope, including the positive and negative
impacts, of all the activities, in a language and process understandable
and acceptable to the community;
m. Hazard - a dangerous phenomenon, substance, human activity or
condition that may cause loss of life, injury or other health impacts,
property damage, loss of livelihood and services, social and economic
disruption, or environmental damage;
n. Heritage zone – shall refer to historical, anthropological, archaeological,
artistic geographical areas and settings that are culturally significant to
the country, as declared by the National Museum and/or the National
Historical Institute;
o. Inclusive growth – economic growth that deliberately includes
marginalized groups or sectors;
p. IPs/ICCs – refer to a group of people or homogenous societies identified
by self-ascription and ascription by others, who have continuously lived
as organized community on communally bounded and defined territory,
and who have, under claims of ownership since time immemorial,
occupied, possessed and utilized such territories, sharing common bonds
of language, customs, traditions and other distinctive cultural traits, or
who have, through resistance to political, social and cultural inroads of
colonization, non-indigenous religions and cultures, became historically
differentiated from the majority of Filipinos. ICCs/IPs shall likewise
include peoples who are regarded as indigenous on account of their
descent from the populations which inhabited the country, at the time of
conquest or colonization, or at the time of inroads of non-indigenous
religions and cultures, or the establishment of present state boundaries,
who retain some or all of their own social, economic, cultural and
political institutions, but who may have been displaced from their
traditional domains or who may have resettled outside their ancestral
domains. They are peoples who have a spiritual relationship with the
land;
q. Initial Environmental Examination (IEE) – refers to the document
required of proponents describing the environmental impact of, and
mitigation and enhancement measures for, projects or undertakings
located in an environmentally critical area, including areas outside the
coverage of the Philippine Environmental Impact Assessment System;
r. Key biodiversity areas – sites of global biodiversity conservation
significance, defined by standardized criteria and thresholds to guide
conservation interventions such as the establishment of protected areas;
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s. Municipal waters – include streams, lakes, subterranean and tidal waters


within the territorial jurisdiction of a municipality that are not subject to
private ownership and not included within national park, public forest,
timberlands, two (2) lines drawn perpendicular to the general coastline
from points where the boundary lines of the municipality touch the sea at
low tide and a third line parallel with the general coastline and fifteen (15)
kilometers from such coastline. Where two municipalities are so situated
that there is less than thirty (30) kilometers of marine waters between
them, the third line shall be drawn equidistant from the opposite shores
of the respective municipalities;
t. Precautionary principle - states that when human activities may lead to
threats of serious and irreversible damage to the environment that is
scientifically plausible but uncertain, actions shall be taken to avoid or
diminish that threat.
u. Protected areas – refers to identified portions of land and water set aside
by law by reason of their unique physical and biological significance,
managed to enhance biological diversity and protected against destructive
human exploitation, as

provided in RA 7586, the National Integrated Protected Areas System


(NIPAS) Act of 1992;
v. Sustainable development – as defined in Philippine Agenda 21 (1996) is
the harmonious integration of a sound and viable economy, responsible
governance, social cohesion and ecological integrity, to ensure that
development is a life-sustaining process. It also refers to development
that meets the needs of the present without compromising the ability of
future generations to meet their own needs. It contains within it two (2)
key concepts: (1) the concept of "needs", in particular, the essential needs
of the world's poor, to which overriding priority should be given; and (2)
the idea of limitations imposed by the state of technology and social
organizations on the environment's ability to meet present and future
needs. It is the harmonious integration of a sound and viable economy,
responsible governance, social cohesion and harmony, and ecological
integrity to ensure that human development now and through future
generations is a life-enhancing process;
w. Sustainable tourism development – the management of all resources that
meet the needs of tourists and host regions while protecting the
opportunities for the future, in such a way that economic, social and
aesthetic needs can be fulfilled while maintaining cultural integrity,
essential ecological processes, biological diversity and life support
systems;
x. Sustainable souvenirs – Souvenir items and food products made of
abundant indigenous materials and/or ingredients that are designed
and produced by local craftsmen, weavers, artists and producers, that
reflect the culture of the community.
y. Tourism-oriented establishment – any establishment which is registered
and licensed by the appropriate offices of the City/Municipal Government
which caters directly to the tourists, whether domestic or foreign;
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z. Tourism-related establishment – any establishment or enterprise that


may or may not be registered with the __________ Tourism Council but
which caters incidentally to both foreign and local travelers and tourists;
aa.Tourism resources – community resources that are not limited to heritage
sites, ecotourism areas, historical value, culture, community of people;
bb. Wealth generation – accumulation or the development of resources
necessary for the improvement of people’s lives;
cc. Wildlife – undomesticated forms and varieties of flora and fauna.

Article IV. Administrative and technical set-up

Section 7. Organization for implementation – For purposes of


implementation of the provisions of this Ordinance, technical and
administrative duties and functions shall be performed by the Office of the City
Administrator, the Business Permit and Licensing Office (BPLO), The
City/Municipal Council Committee on Tourism, the Tourism Office and the
City/Municipal Tourism Council. (RA 7160)

Section 8. The City/Municipal Tourism Council – There shall be a


City/Municipal Tourism Council to be organized with the following characters
and powers: (Corporation Code / best practice)

a. It shall be an independent incorporated foundation, non-stock, non-


political, non-sectarian, composed of unlimited members and Board of
Directors that shall not be more than fifteen (15) in accordance with the
Corporation Code and shall be more specified in its incorporation
charter.
b. The Council shall be self-perpetuating whereby its charter shall provide
how its members are admitted and its Board of Directors and Officers
are elected from year-to-year; provided, however, that the City/Municipal
Government and National Agencies involved in tourism shall always be
represented in the Board of Directors.
c. Only 40% of the council members should come from the City/Municipal
Government and National Agencies, while 60% should come from the
private sector, peoples / community organizations and civil society.
d. Its finances shall be raised from subsidies or grants from the
government, local and national, membership fees of members, income
share from the sale of tourism products and fund raising activities.
e. Its main purpose, functions and objectives is to be the sole entity tasked
for taking the lead for the promotion, development and maintenance of
tourism industry in the City/Municipality and its environs. It shall
conduct information dissemination, advertising and promotion of
tourism activities and products and monitoring activities of the industry
using economic, social and environmental indicators. It shall also take
the lead in lobbying for the implementation of the applicable provisions
of the City/Municipal Tourism Code. In partnership with concerned
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national agencies, it shall implement standards, codes of conduct and


protocols for tourism related businesses in the City/Municipality.
f. To be able to achieve the mandate of its creation, the City/Municipal
Tourism Council shall have the power to determine its organization,
administrative and operations structure as it goes on with its operation,
provided, however that the government shall always have sufficient
representation.
g. The City/Municipal Tourism council shall establish an office and raise
its own fund to be able to sustain its daily operation. Fund may also
come from an agreed source that will be developed for the
municipality/city.

Section 9. Capacity-building of the City/Municipal tourism council – The


City/Municipal Tourism Council will undergo trainings on sustainable tourism
concepts, cultural heritage preservation and environmental conservation, that
will give them basic understanding on tourism development, it’s impact and
how it may be managed sustainably. The council will also receive an
orientation on the provisions of this Ordinance so that they can actively
participate in its implementation. The council will also get an orientation on
the content of the tourism master plan and the standards and protocols that
will be required for all tourism related establishments and enterprises. (best
practice)

Section 10. Tourism programs, special events – The City/Municipality shall


facilitate or organize, in partnership with the City/Municipal tourism council
festivals and events that highlight the culture, aspirations and values of the
people.

Article V. Identification of tourism ventures and allied activities

Section 11. Major tourism ventures – For purposes of this Ordinance the
following shall be considered as major tourism ventures: (Tourism Act)

a. Tourism / ecotourism sites


b. Heritage and cultural sites
c. Resorts, hotels and other accommodations
d. Tour Operation, i.e. tour guiding, tour transport services

Section 12. Allied tourism ventures – Business or activities not primarily


designed for tourism purposes yet serve tourism needs shall be identified as
allied tourism venture, such as restaurants, malls, markets, etc.

PART TWO: REGULATORY PROVISIONS

Section 13. Prohibited and punishable act – Acts prohibited and punishable
under this Ordinance shall include, but not limited to the following: (best
practice; based on diff. guidelines)

a. For cultural/social sensitivity


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1. Drinking alcoholic beverages in the streets or public places other


than restaurants, bars or clearly designated areas is prohibited.
This is also applicable during festivals.
2. Smoking in public places, including tourism sites is prohibited.
3. Walking around the street and in public places without proper
clothes or a top is prohibited. Walking around in swim suits will
only be allowed in beach areas designated as tourism sites.
4. Spitting and urinating in public places, especially in tourism sites,
are prohibited.
5. Begging in the streets and in public places, especially in tourism
sites, is prohibited.
6. Street or beach parties will only be allowed on special occasions,
which require permit from the Office of the Mayor.
7. For beaches that had been established as nesting sites for turtles,
bright lights facing the sea, man-made obstacles, as well as loud
music will not be allowed, especially during nesting seasons.
8. Writing of graffiti in natural attractions such as trees, rock face,
caves, including man-made structures such as churches,
lighthouses, buildings, signages, boardwalks and infrastructure is
prohibited.
9. Gambling of any kind in the streets and in public places is
prohibited.
10. Videoke machines will only be allowed until 10PM, unless
special permits are acquired from the Office of the Mayor for
special occasions.
b. For environmental protection
1. Bonfires on the beach or in forested areas are not allowed.
2. Use of Styrofoam, plastics and other disposable packaging
materials and eating utensils are not allowed in business
establishments, restaurants, hotels, and resorts and in any of the
communities.
3. Improper dumping of wastes will not be tolerated.
4. Collection of wild plants and animals for souvenirs or for personal
collection is prohibited.
5. Collection of sand, stones and shells from the beaches or shore
areas is prohibited.
6. No cutting, destroying or injuring of planted and growing trees or
plants of scenic value along public roads, plazas, parks, and in
tourism development areas shall be permitted, unless when
cutting is necessary for public safety, or if pruning is required to
enhance its beauty.

Section 14. Safety and security – Local police force may be augmented in
order to give way to the establishment of local tourist police force that will
protect tourists and local residents against crimes. (RA 7160)

Article VI. Spatial development guidelines


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Section 15. City/Municipal Land Use Plan – All tourism development


should comply with the City/Municipal Land Use Plan. The development of
areas identified in the Tourism Master Plan shall comply with the zoning and
spatial planning of the City/Municipality. (RA 7160)

Provided further that the following criteria which may be expanded, will be
applied in identifying an tourism site: (DOT guidelines; best practice)

a. The area must be rich in natural and cultural attractions and conducive
to adventure, educational or cultural travel;
b. The area has unique features which may be very interesting and
educational for visitors;
c. The area is rich in terms of the number of flora and fauna and the
number of endemic species and endangered wildlife;
d. The areas is not seriously threatened by industries like logging and
mining which may destroy the attraction or potential attraction;
e. The historical and cultural attractions of the area are considered
outstanding and are very important part of the history and culture of the
country;
f. Tourism may help in the rehabilitation and preservation of the
biodiversity or environment of the area;
g. The native or tribal traditions of the people in the destinations are
preserved. Such place shall be open for tourism purposes only with the
consent of the ICCs/IPs;
h. For marine environment, the area must be diverse in marine life;
i. The site must be accessible by land, air and/or sea;
j. The site should be free from issues related peace and order, political
conflicts and war;
k. The site should not be vulnerable to landslides, flooding or any other
natural disastrous occurrences;

l. The members of the community are willing to venture into tourism as a


local industry;
m. To support micro-enterprises in the community, there has to be a
developed central business located at least 10 kms. away , with
commercial banks, courier, money exchange and other services relevant
to the operation of a tourism business.

Section 16. Infrastructure development – All infrastructure should comply


with the following laws: PD 1096 or the National Building Code, PD 1586 or
the Philippine Environmental Impact System, Batas Pambansa 344 or the
Accessibility Law, RA 7277 or the Magna Carta for Disabled Persons, and all
other applicable provisions of existing laws.

Section 17. Geohazard / hazard areas – No tourism related developments,


construction of physical structures or otherwise, will be allowed in identified
geohazard / hazard areas, however, a proposed project may be considered after
careful study by the City/Municipal Tourism Council, and when safeguards
are established. (best practice)
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Section 18. No go / no build zone – The City/Municipal Government,


through its Land Use Plan, will identify no build zones or areas that shall be
maintained for public use, thus, should be closed to any structural
developments. Foreshore lands and buffer zones are no build zones. (best
practice; land laws; NIPAS)

Section 19. Easement in water resources – No one shall be allowed to build


structures of any kind in easement zones of rivers, lakes, streams, and
seashores. The easement, however, may be used in the interest of recreation,
navigation, fishing or salvage. For rivers, streams and shoreline in urban
areas, easement is 3 meters. In agricultural areas it is 20 meters and for forest
areas it is 40 meters. (Civil Code, PD 1076 Water Code Art 51)

Section 20. Heritage zones – Identified and recognized heritage zones shall be
maintained by the City/Municipal Government, in accordance but not limited
to, the guidelines set by RA 10066 a.k.a. the National Cultural Heritage Act:
(National Cultural Heritage Act)

a. Implementation of adaptive reuse of cultural property;


b. Appearance of streets, parks, monuments, buildings, and natural bodies
of water, canals, paths and barangays within a locality shall be
maintained as close to their appearance at the time the area was of most
importance to Philippine history as determined by the National Historical
Institute; and
c. Local government units shall document and sustain all socio-cultural
practices such as, but not limited to, traditional celebrations, historical
battles, recreation of customs, and the reenactment of battles and other
local customs that are unique to a locality.

Section 21. Conservation of heritage and ecotourism sites – The


conservation of cultural heritage and ecotourism sites will be prioritized. In
order to do this, the City/Municipal Tourism Council, may from time to time,
determine if a cultural heritage or ecotourism site should be closed to
visitation, in order to give way to renovation, rehabilitation or reconstruction.
(best practice)

Section 22. Parks and gardens – The City/Municipal Tourism Council shall
provide measures, assistance and activities that will develop the
City/Municipal parks and gardens. Local communities will be encouraged to
develop organic/natural gardens around their homes for aesthetic purposes
and for food self-reliance. (best practice)

Section 23. Sensitive areas – The City/Municipal Tourism Council shall issue
advisories for the purpose of regulating visitor behavior in sites, mangrove
areas, ancient churches, ancestral houses and other sites, which are not
necessarily limited to those identified as heritage or ecotourism sites. (best
practice)
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Section 24. Parking – The City/Municipal Tourism Council shall identify and
construct adequate pay parking areas near tourism sites. (best practice)

Section 25. Tourism Information Centers – Tourism Information Centers


shall be established in the different parts of the City/Municipality. The
City/Municipal Tourism Council shall identify areas to provide measures,
assistance and activities that will put to use and improve the Tourism
Information Centers. (Tourism Act)

Section 26. Ecotourism planning and development of protected areas and


other sites– The ecotourism planning and destination management shall
comply with the guidelines prescribed by the Department of Environment and
Natural Resources (DENR) Administrative Order 2013-19. The City/Municipal
Government, the City/Municipal Tourism Council, and the concerned
Protected Area Management Board (PAMB) will undertake this. The following
activities shall be conducted: (NIPAS; (DENR) Administrative Order 2013-19)

a. Site assessment to determine whether or not ecotourism development is


the right strategy for the protected area.
b. Ecotourism planning where an Ecotourism Management Plan (EMP) is to
be prepared, under the leadership of the Protected Areas Superintendent
(PASU). This will also guide the formulation of business plans with the
LGU and private sector.
c. Implementation of the EMP.
d. Monitoring and Evaluation using identified key indicators for impact
monitoring. This will help the City/Municipal Tourism Council and the
PAMB in deciding if an ecotourism site should still be open to public, or
closed from visitation temporarily or permanently.

The EMP should be cognizant of the Protected Area Management Plan.

Provided further, that the following are done: (best practice)

a. Consultation with the affected communities and their acceptance of the


projects prior to any development;
b. Plans should conform to the principles of ecotourism, that the facilities
to be built blend with the local culture, and that the carrying capacity of
the destination is determined;

c. An environmental impact assessment (EIA) prior to physical or


infrastructure development, in order to identify positive and negative
factors of development and propose measures that would reduce
negative impact;
d. Creation of high value products that will match specific market
segments;
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e. Training of community guides that will facilitate hiking, snorkeling,


birding and paddling activities;
f. Establishment of micro-enterprises related to the provision of services
and supply to visitors such as a community kitchen, souvenir
production, island or mountain spa and village gardens;
g. Developing packages using inclusive costing for better marketing and
promotions;
h. Establishment of a visitor center that is managed as a social enterprise
and independent of the LGU, municipal/city tourism council or private
sector, that will serve as the source of passive income for the community
members. The visitor center will be tasked to accept and manage
bookings, coordinate with service providers, accept payments and
disburse salaries, wages and fees to service providers, and provide
orientations to visitors prior to the start of the tour; and
i. Regular product auditing of the destination to determine compliance
with sustainable practices.

Section 27. Community-based ecotourism – Development of ecotourism sites


will involve local communities. This will allow for gainful livelihood and
generation of City/Municipal revenues. The LGU and the city/Municipal
tourism council will solicit the support of national government agencies,
funding agencies and non-profit organizations to establish community-based
ecotourism projects to allow marginalized sectors to take an active role in
community development through tourism. (best practice; co-management
principles as in forest management laws)

Section 28. Contracting inside community-based forest management for


tourism purposes – People’s organizations that are holders of CBFM contracts
may enter into an agreement with a third party contractor to develop tourism
sites or ecotourism activities; provided that the DENR through the CENRO and
the City/Municipal Government will assist the people’s organization in the
negotiations for the contract. (DENR MC no. 8, s. 2008)

Section 29. Standard design and specification of signs, building, facilities


and other infrastructure that may be installed and/or constructed within
protected areas – The City/Municipal Government, the City/Municipal
Tourism Council will comply with DENR Administrative Order 2009-09 in
putting up necessary signs, building, facilities and other infrastructure, as
follows: (DENR Administrative Order 2009-09)

a. Administrative signs include the following:


1. Protected area information board
2. Boundary markers
3. Directional signs
4. Interpretive signs
5. Restrictive signs
b. Basic facilities within protected areas include the following: (a) Visitor
Center; (b) view deck; (c) boardwalk; (d) lodging facility/cottage; (e)
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parking area; (f) trails; (g) restrooms, (h) community kitchen; and (j)
camping area.

c. The design of any infrastructure in protected areas should follow energy


conservation measures.
1. Low energy consumption technologies for lighting should be used.
2. Fossil fuel-powered generators should be considered as back up
only.
3. Solar energy and/or biogas should be considered as source of
energy.
4. The potential for passive ventilation and natural lighting should be
maximized to avoid the need for air conditioning and excessive
artificial lighting.

Section 30 Climate change adaptation - All infrastructure should integrate


climate change adaptation measures and should make use of sustainable
designs and technologies, such as but not limited to use of solar , wind or any
form of clean energy, bio-remediation for waste water treatment, solid waste
management, passive cooling designs, earthquake proofing, water
catchment, dry or ecological toilets, roof gardens and earth houses.

VII. Social development guidelines

Section 31. Consultation and informed consent – Proponents of ecotourism


activities or projects should conduct consultations in communities that will be
affected by their
planned activities. Said developers should acquire the consent of communities
affected through a barangay Resolution. (best practice)

Section 32. Free, prior and informed consent (FPIC) – No tourism related
activity shall be conducted within the ancestral domains or land of Indigenous
cultural communities (ICCs)/Indigenous Peoples (IPs) without their FPIC.
(IPRA)

Section 33. Protection of children and/or minors and women from sexual
exploitation in tourism – The City/Municipal Government shall ensure that
children and women are protected from dangers of sexual abuse and
exploitation as an effect of tourism. Tourism related or oriented establishments
that encourage sex tourism or prostitution shall not be tolerated.

Further, no child shall be allowed to work or be employed without the consent


of her/his parents and a permit from the DOLE. (RA 7610, protection of
women/VAWC, best practice)

Section 34. Information and education – The City/Municipal Government,


through the City/Municipal Tourism Council shall implement awareness-
raising programs related to the City/Municipal Tourism Development Plan. The
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following activities are to be conducted: (best practice; Tourism Act;


Environmental Awareness Act)

a. Development of information, education and communication (IEC)


materials and communication strategy to educate the general public on
basic concepts of sustainable tourism development and environmental
awareness, with emphasis on the conservation and preservation of the
City/Municipal natural resources.

b. Publish and disseminate IEC materials to target audience in the


community to create higher awareness on developing a sustainable
tourism industry.
c. Solicit the support of the academe for city-wide/municipal-wide
campaign for sustainable tourism awareness.
d. Publish IEC materials about the history, cultures and people of the
City/Municipality.
e. Create a program that will recognize local champions who passionately
support the principles of sustainable tourism development, and who may
provide inspiration to others and become icons for the community.
f. Engage academic institutions and civic organizations in programs and
activities designed to promote awareness on sustainable tourism
development.

Section 35. Capacity-building – The City/Municipal Government and the


City/Municipal tourism council shall solicit the support of government
agencies, NGOs. civic organizations and private groups to capacitate the
community stakeholders in various skills required to provide quality service
and life enhancing experiences to visitors. Training programs should match
the needs of the target audience.

Section 36. Dialogues and forums – The City/Municipal tourism council will
facilitate regular meetings and gathering by industry practitioners, including
entrepreneurs from the private sector and organized communities to discuss
milestones, as well as issues and concerns, and find pragmatic solutions and
interventions.

Section 37. Destination management – In order to ensure that tourism sites


last for many generations, a management scheme will be implemented. The
City/Municipal Government and in partnership with the City/Municipal
Tourism Council will implement the following: (best practice)

a. Establish visitor centers that will be managed by a cooperative or a social


enterprise whose members include residents of the City/Municipality
and stakeholders who are directly engaged in micro enterprises designed
to provide services to visitors.
b. Capacitate the tourism office to monitor tourism related enterprises’
compliance to business requirements, document visitor arrivals and
profiles, and determine product preferences.
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c. Establish a Monitoring and Evaluation (M and E) Committee under the


City/Municipal Tourism Council that will be tasked to conduct product
audits and determine level of compliance of communities to standards of
service and operations. A DOT representative may be invited to join in
the monitoring and evaluation activities. The City/Municipal Tourism
Council may tap the said Committee from time to time, in lieu of a
Composite Inspection Team., which may be difficult to convene.
d. Develop and use a M and E tool that will be used to rate the level of
compliance of the communities engaged in the provision of services to
visitors.
e. Determine carrying capacity of each tourism site and make sure that
maximum capacity is not exceeded.
f. Establish a feedback mechanism to solicit comments and suggestions
from visitors, and use this to improve products and services.

g. The City/Municipal Tourism Council will send a letter of response to


complainants and address the area of complaint with assistance from
the City/Municipal Government within a period of fifteen (15) working
days.

Section 38. Research and development fund – A research and development


fund shall be set aside by the City/Municipality Tourism Council to be used for
research and development of heritage and ecotourism sites. The fund shall also
be available for market studies and other research to be carried out in order to
improve sustainability of the local tourism industry. (best practice)

Section 39. Formal and informal training programs related to skills


development for the tourism industry - Academic institutions in the
City/Municipality will be encouraged to develop courses related to tourism and
hospitality or short courses on skills development related to management and
operation of tourism related businesses.

Section 40. Tenure for social enterprises in private and public land – The
City/Municipal Tourism Council and the City/Municipal Government will
assist the social enterprises in securing tenurial instruments in the form of
lease contracts, donations or instruments of DENR such as Community-based
forest management (CBFM), Forest Land Agreement for Tourism (FLAGT),
Protected Area Community Based Resource Management Agreement
(PACBRMA) and similar instruments.

VIII. Economic development guidelines

Section 41. Ecotourism activities for registration with the City/Municipal


tourism council – The following tourism related activities may be conducted in
areas where ecotourism planning has been completed , and in compliance
with different environmental laws and other safety protocols: (best practice;
DOT guidelines)
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a. Land-based activities
1. Hiking and trekking on developed and well maintained trails.
2. Camping in designated and developed campsites.
3. Rock climbing and rappelling in areas that had been determined to
be safe and appropriate for such activities. Sites of geological,
cultural and scientific interests are avoided.
4. Wildlife observation such as birding, whale and dolphin watching,
wherein species are not threatened or disturbed.
b. Water-based activities
1. Snorkeling in designated snorkeling areas and facilitated by reef
rangers or trained snorkeling guides.
2. Scuba diving with a dive master or SCUBA diving instructor and
only in designated dive sites.
3. Marine wildlife observation such as dolphin or whale watching,
wherein species are not threatened or disturbed.
4. Paddling or river tours facilitated by trained paddling guides.

c. Subterranean activities
1. Caving / spelunking only in caves that had been rated by DENR,
and where experts have found it safe to be opened to public.

Provided further that visitors undergo the following prior to the start of the
tour:

a. Registration at the visitor center;


b. Orientation on environment, culture and indigenous knowledge and
practices, including protocols and regulations; and
c. Signing of waiver by visitors who will engage in snorkeling, rappelling,
caving, paddling or hiking activities.

Section 42. Kinds of resorts – Resorts may be categorized as beach resort


(located along the seashore), inland resort (located within the town proper or
city), island resort, lakeside or riverside resort. (DOT guidelines)

Section 43. Classification of resorts – For purposes of registration by the


City/Municipal Tourism Council and licensing by DOT, resorts shall be
classified as follows: (DOT guidelines)

a. Class “AAA”, with the minimum requirements:


1. Location and environment – The resort shall be located in a
suitable location free of noise and atmospheric and marine
pollution.

2. Parking – An adequate parking space with parking security shall


be provided free to guests.
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3. Facilities and room accommodation – The resort shall have its


room, facilities and amenities equivalent to those of a First Class
Hotel.
4. Public washrooms – There shall be a first class and adequate
public toilet and bathroom for male and female, provided with
sufficient hot and cold running water, toilet paper, soap, hand
towel and/or hand drier.
5. Sports and recreational facilities – The resort shall have at least
four (4) recreational facilities.

6. Conference/convention facilities – Conference/convention facilities


with attached toilets shall be provided.
7. Employees’ facilities – The management of the resort shall provide
uniforms of employee. Adequate and well – maintained locker
rooms and bathrooms for male and female employees, including
cafeteria, shall be provided.
b. Class “AA”, with the minimum requirements:
1. Parking – An adequate parking space with parking security shall
be provided free to guests.
2. Facilities and room accommodation. – The resort shall have its
rooms, facilities and amenities equivalent to those of an Economy
Hotel.
3. Public washrooms – There shall be a clean and adequate public
toilet and bathroom for male and female, provided with sufficient
running water, toilet paper and soap.

4. Sports and recreational facilities. – The resort shall offer at least


two (2) sports and recreational facilities.
5. Food and Beverages Outlet – The resort shall have two (2) food and
beverage outlet.
c. Class “A” or Special Interest Resort, with the minimum requirements:
1. Location – The camp and ground sites shall be well drained and is
not subject to flooding. It shall be distant from any source of
nuisance and shall not endanger sources of any water supply and
other natural resources.
2. Lounge and reception counter – There shall be a reception counter
and a reasonably furnished lounged commensurate with the size
of the resort. Room Accommodation. -- There shall be at least five
(5) lettable bedrooms for permanent site operations. The bedroom
shall be reasonably spacious and is provided with comfortable
bed(s) as well as sufficient and fresh supply of clean linen and
mirror. For movable operation, a minimum of sixteen (16) guests
plus the staff shall be accommodated in tents, leantos and the
like. Where permanent tents are used, flooring shall be at least
four (4) inches above the ground. Tents shall be provided with
adequate bedding suitable for tropical use. Theme parks may be
exempted from these requirements.
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3. Toilet and bedrooms –There shall be separate clean toilet and


bathroom facilities for male and female guests, which shall be
provided with sufficient supply of running water and situated in
appropriate and accessible areas. The same shall be supplied with
soap and toilet paper.

4. Lighting, furnishing and ventilation. – Lighting arrangements and


furnishing in all rooms shall be good standard, in areas where
there is no electrical power, each room shall be provided with non-
hazardous portable light. Adequate means of ventilation shall be
provided.
5. Staff and service. – Adequate number of trained, experienced,
courteous, and efficient staff shall be employed. They shall wear
clean uniforms.and IDs while on duty.

Section 44. Classification of hotels – For purposes of registration by the


City/Municipal tourism council and licensing by the DOT, hotels shall be
classified as follows: (DOT guidelines)

a. De luxe class, with the minimum requirements:


1. Location - The locality and environs including approaches should
be suitable for a luxury hotel of international standard. The
facade, architectural features and general construction of the
building shall have the distinctive qualities of a luxury hotel.
2. Bedroom facilities and furnishings:
i. Size – All single and double rooms shall have a floor area of
not less than twenty-five (25) square meters, inclusive of
bathrooms.
ii. Suite – There shall be one (1) suite per thirty (30) guest
rooms.
iii. Bathrooms – All rooms shall have bathrooms, which shall be
equipped with fittings of the highest quality befitting a
luxury hotel, with 24-hour service of hot and cold running
water. Bathrooms shall

be provided with bathtubs and showers. Floors and walls


shall be covered with impervious material of elegant design
and high quality workmanship.
iv. Telephones – There shall be a telephone in each guest room
and an extension line in each guest room.
v. Radio/television – There shall be a radio, a television and
relayed or piped-in music in each guest room.
vi. Cold Drinking Water – There shall be cold drinking water
and glasses in each bedroom.
vii. Refrigerator/mini bar – There shall be a small refrigerator
and a well stocked bar in each guest room.
viii. Room Service – There shall be a 24-hour room service
(including provision for snacks and light refreshments).
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ix. Furnishing and lighting – All guest rooms shall have


adequate furniture of the highest standard and elegant
design; floors shall have superior quality wall-to-wall
carpeting; walls shall be well-tailored draperies of rich
materials. Lighting arrangements and fixtures in the rooms
and bathrooms shall be so aesthetic as well as function
excellence.
x. Information Materials – Room tariffs shall be prominently
displayed in each bedroom plus prominent notices for
services offered by the hotel, fire exit guidelines, house rules
for guests, including food and beverage outlets and hours of
operation.
3. Front office/reception – There shall be a reception, information
counter and guest relations office providing a 24-hour porter
service and attended by highly qualified, trained and experienced
staff.
i. Lounge – There shall be a well-appointed lounge with seating
facilities the size of which is commensurate with the size of
the hotel.
ii. Foreign exchange counter – There shall be a licensed and
authorized foreign exchange counter.
iii. Mailing facilities – Mailing Facilities including sale of stamps
and envelopes shall be available in the establishment.
iv. Telex facilities – There shall be telex transceiver facilities in
the establishment.
4. Housekeeping shall be of the highest possible standard
i. Linen – There shall be plentiful supply of all
linen/blanket/towels, etc. which shall be of the highest
quality available and shall be spotlessly clean. There should
be option to have bed linen and towels to be changed
everyday.
ii. Laundry/dry cleaning – Laundry and dry cleaning services
shall be available in the establishment.
iii. Carpeting – All public and private rooms shall have superior
quality carpeting which shall be well kept at all times.
5. Food and beverage
i. Dining Room – There shall be a coffee shop and at least one
specialty dining room, which is well equipped, well furnished
and well maintained serving high quality cuisine and
providing entertainment.

ii. Bar – Whenever permissible by law, there shall be an elegant


and well-stocked bar with an atmosphere of comfort and
luxury.
iii. Kitchen – The kitchen, pantry and cold storage shall be
professionally designed to ensure efficiency of operation and
shall be well equipped, well maintained, clean and hygienic.
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The kitchen shall have an adequate floor area with non-slip


flooring and tiled walls and adequate light and ventilation.
iv. Crockery – the crockery shall be of elegant designed and
superior quality. There shall be ample supply of it. No piece
of crockery in use shall be chipped, cracked or grazed. The
silverware shall be kept well plated and polished at all times.
6. Recreational facilities
i. Swimming pool – There shall be a well-designed and
properly equipped swimming pool.
ii. Tennis/golf/squash/gym facilities – There shall be at least
one recreational facility to tie- up with one within the vicinity
of the hotel.
7. Entertainment – Live entertainment shall be provided.
8. Engineering and maintenance
i. Maintenance – Maintenance of all sections of the hotel (i.e.,
building furniture, fixture, etc.) shall be of superior
standard.
ii. Ventilation – There shall be technologically advanced,
efficient and adequate ventilation in all areas of the hotel.
iii. Lighting – There shall be adequate lighting in all public and
private rooms.
iv. Emergency Power – There shall be a high-powered generator
capable of providing sufficient lighting for all guest rooms,
hallways, public areas/rooms, operating elevators, food
refrigeration and water services.
v. Fire prevention facilities – the fire prevention facilities shall
comply with the requirements of the Fire Code of the
Philippines.
9. General facilities
i. Outdoor Area – The hotel premises shall have a common
outdoor area for guests (examples: a roof garden or a
spacious common garden terrace).
ii. Parking/valet – There shall be an adequate parking space
and valet service.
iii. Function/conference facilities – There shall be one or more
of each of the following: conference room, banquet halls
(with a capacity of not less than 200 people seated) and
private dining rooms.
iv. Shops – There shall be a barbershop, recognized travel
agency/tour counter, beauty parlor and sundries shop.
v. Security – Adequate security on a 24-hour basis shall be
provided in all entrances and exits of the hotel premises.
vi. Medical Service – A medical clinic to service guests and
employees shall have a registered nurse on a 24-hour basis
and a doctor on call.
10. Services and staff – Professionally qualified, highly trained,
experienced, efficient and courteous staff shall be employed.
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11. Special facilities – Business Center, limousine service and


airport transfers shall be provided.
12. Insurance coverage – There shall be an adequate insurance
against accident for all guests.
b. First class, with the minimum requirements:
1. Location - The locality and environs including approaches should
be suitable for a luxury hotel of international standard. The
facade, architectural features and general construction of the
building shall have the distinctive qualities of a first class hotel.
2. Bedroom facilities and furnishings:
i. Size – All single and double rooms shall have a floor area of
not less than twenty-five (25) square meters, inclusive of
bathrooms.
ii. Suite – There shall be one (1) suite per forty (40) guest
rooms.
iii. Bathrooms – All rooms shall have bathrooms, which shall be
equipped with fittings of the highest quality befitting a first
class hotel service, with 24-hour service of hot and cold
running water.
Bathrooms shall be provided with bathtubs and showers.
Floors and walls shall be covered with impervious material
of aesthetic design and high quality workmanship.
iv. Telephones – There shall be a telephone in each guest room.
v. Radio/television – There shall be a radio, a television and
relayed or piped-in music in each guest room.
vi. Cold Drinking Water – There shall be cold drinking water
and glasses in each bedroom.
vii. Room Service – There shall be a 24-hour room service
(including provision for snacks and light refreshments).
viii. Furnishing and lighting – All guest rooms shall have
adequate furniture of very high standard and very good
design; floors shall
have superior quality wall-to-wall carpeting; or if the flooring
is of high quality (marble, mosaic, etc) carpet shall be
provided and shall be of size proportionate to the size of the
rooms; walls shall be well-furnished with well tailored
draperies of a very high quality material.
ix. Information Materials – Room tariffs shall be prominently
displayed in each bedroom plus prominent notices for
services offered by the hotel, fire exit guidelines, house rules
for guests, including food and beverage outlets and hours of
operation.
3. Front office/reception – There shall be a reception, information
counter providing a 24-hour service and staffed by trained and
experienced personnel.
i. Lounge – There shall be a well-appointed lounge with seating
facilities the size of which is commensurate with the size of
the hotel.
ii. Porter service – There shall be a 24-hour porter service.
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copyright 2014 Blue Water Consultancy, Training and Services

iii. Foreign exchange counter – There shall be a licensed and


authorized foreign exchange counter.
iv. Mailing facilities – Mailing Facilities including sale of stamps
and envelopes shall be available in the establishment.
4. Housekeeping shall be of the highest possible standard

i. Linen – There shall be plentiful supply of all


linen/blanket/towels, etc. which shall be of the highest
quality available and shall be spotlessly clean. There should
be option to have bed linen and towels to be changed
everyday.
ii. Laundry/dry cleaning – Laundry and dry cleaning services
shall be available in the establishment.
iii. Carpeting – All public and private rooms shall have high
quality carpeting which shall be well kept at all times.
5. Food and beverage
i. Dining Room – There shall be a coffee shop and at least one
specialty dining room, which is well equipped, well furnished
and well maintained serving good quality cuisine and
providing entertainment.
ii. Bar – Whenever permissible by law, there shall be an elegant
and well-stocked bar with an atmosphere of comfort and
luxury.
iii. Kitchen – The kitchen, pantry and cold storage shall be
professionally designed to ensure efficiency of operation and
shall be well equipped, well maintained, clean and hygienic.
iv. Crockery – There shall be adequate supply of it. No piece of
crockery in use shall be chipped, cracked or grazed. The
silverware shall be kept well plated and polished at all times.
6. Recreational facilities
i. Swimming pool – There shall be a well-designed and
properly equipped swimming pool.
7. Entertainment – Live entertainment shall be provided.
8. Engineering and maintenance
i. Maintenance – Maintenance of all sections of the hotel (i.e.,
building furniture, fixture, etc.) shall be of very high quality.
ii. Ventilation – There shall be technologically advanced,
efficient and adequate ventilation in all areas of the hotel.
iii. Lighting – There shall be adequate lighting in all public and
private rooms.
iv. Emergency Power – There shall be a high-powered generator
capable of providing sufficient lighting for all guest rooms,
hallways, public areas/rooms, operating elevators, food
refrigeration and water services.
v. Fire prevention facilities – The fire prevention facilities shall
comply with the requirements of the Fire Code of the
Philippines.
9. General facilities
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i. Parking/valet – There shall be an adequate parking space


and valet service.
ii. Function/conference facilities – There shall be special rooms
for conference/banquet purposes.
iii. Shops – There shall be a barbershop, recognized travel
agency/tour counter, beauty parlor and sundries shop.
iv. Security – Adequate security on a 24-hour basis shall be
provided in all entrances and exits of the hotel premises.
v. Medical Service – A medical clinic to service guests and
employees shall have a registered nurse on a 24-hour basis
and a doctor on call.

10. Services and staff – Highly qualified, trained, experienced,


efficient and courteous staff shall be employed. They shall be in a
smart and clean uniform.
11. Special facilities – Facilities for airport transfers shall be
provided.
12. Insurance coverage – There shall be an adequate insurance
against accident for all guests.
c. Standard class, with the minimum requirements:
1. Location - The locality and environs including approaches should
be suitable for a very good hotel. The architectural features and
general construction of the building shall be of very good standard.
2. Bedroom facilities and furnishings:
i. Size – All single and double rooms shall have a floor area of
not less than eighteen (18) square meters, inclusive of
bathrooms.
ii. Bathrooms – All rooms shall have bathrooms, which shall be
equipped with fittings of good standard with cold running
water on a 24-hour basis and hot running water at selected
hours.
iii. Telephones – There shall be a telephone in each guest room.
iv. Room Service – There shall be room service at selected
hours.
v. Furnishing and lighting – All guest rooms shall have
adequate furniture of very good standard and design; floors
shall have a quality carpet; walls shall be well furnished and
drapes shall be well tailored and of good material. Lighting
arrangement and fixtures in the rooms and bathrooms shall
be well designed.
vi. Information Materials – Room tariffs shall be prominently
displayed in each bedroom plus prominent notices for
services offered by the hotel, fire exit guidelines, house rules
for guests, including food and beverage outlets and hours of
operation.
3. Front office/reception – There shall be a reception, information
counter providing a 24-hour service and staffed by trained and
experienced personnel.
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i. Lounge – There shall be a well-appointed lounge, which shall


be commensurate with the size of the hotel.
ii. Porter service – Porter service shall be available upon
request.
iii. Foreign exchange counter – There shall be a licensed and
authorized foreign exchange counter.
iv. Mailing facilities – Mailing Facilities including sale of stamps
and envelopes shall be available in the establishment.
v. Long distance/overseas calls – Long distance/overseas call
shall be made available upon request.
vi. Reception amenities – There shall be left-luggage rooms and
safety deposit boxes available.
vii. Telex facilities – Telex facilities shall be optional.
4. Housekeeping shall be of good standard
i. Linen – There shall be plentiful supply of all
linen/blanket/towels, etc. which shall be of good quality
which shall be kept clean. There should be option to have
bed linen and towels to be changed everyday.

ii. Laundry/dry cleaning – Laundry and dry cleaning services


shall be available by arrangement
iii. Carpeting – There shall be carpets in all bedrooms and floor
of public rooms shall be properly covered unless the flooring
is of very high standard.
5. Food and beverage
i. Dining Room – There shall be at least one dining room,
which is well equipped and well maintained serving good
quality cuisine and providing entertainment.
ii. Bar – Whenever permissible by law, there shall be a bar.

iii. Kitchen – The kitchen, pantry and cold storage shall be


professionally designed to ensure efficiency of operation and
shall be well equipped, well maintained, clean and hygienic.
6. Engineering and maintenance
i. Maintenance – Maintenance of all sections of the hotel (i.e.,
building furniture, fixture, etc.) shall be of good standard.
ii. Ventilation – There shall be efficient and adequate
ventilation in all rooms.
iii. Lighting – There shall be adequate lighting in all public and
private rooms.
iv. Emergency Power – There shall be a spare generator
available to provide light and power in emergency cases.
v. Fire prevention facilities – The fire prevention facilities shall
comply with the requirements of the Fire Code of the
Philippines.
7. General facilities
i. Shops – There shall be a sundry shop counter.
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ii. Security – Adequate security on a 24-hour basis shall be


provided in all entrances and exits of the hotel premises.
iii. Medical Service – The service of a doctor shall be available
when needed.
8. Services and staff – The staff shall be well trained, experienced,
courteous and efficient.
9. Special facilities – Airport transfer shall be provided upon request.
10. Insurance coverage – There shall be an adequate insurance
against accident for all guests.
d. Economy class, with very minimum requirements, like that of
aapartment hotels and/or tourist inns.
1. Basic requirements for apartment hotels (apartels)
i. Number of units – The apartel shall have at least a minimum
of twenty-five (25) lettable apartments. Each apartment shall
be provided with a living and a dining area, kitchen and
bedroom with attached toiled and bath.
ii. Living area – The living area shall be provided with essential
and reasonably comfortable furniture.
iii. Kitchen – The kitchen shall be spacious, clean, hygienic and
adequately equipped with cooking utensils. It shall also be
provided

with facilities for storage and refrigeration of foods, for


disposal of garbage and for cleaning of dishes and cooking
utensils.
iv. Dining area – Shall be spacious and provided with dining
table and chairs, including all essential dining facilities such
as, but not limited to plates, spoons, forks and drinking
glasses.
v. Toilet and bathrooms – Shall always be clean and adequate
running water.
vi. Bedroom – Shall be spacious and provided with comfortable
bed. There shall also be a closed at mirror.
vii. Linen – The apartel shall have sufficient number of good and
clean linen.
viii. Ventilation – The apartment shall be sufficiently ventilated.
ix. Lighting – Lighting arrangements and fixtures in all rooms
shall be adequate.
x. Staff and services – Shall be trained, experienced, courteous
and efficient. They shall be provided with clean uniforms.
xi. Medical facilities – A first aid clinic stocked with appropriate
medicine to service employees and guests shall be provided.
xii. Fire-fighting facilities – Shall comply with the requirements
of the Fire Code of the Philippines.
xiii. Lounge and reception center – There shall be a reasonably
furnished lounge commensurate with the size of the apartel
with 24-hour reception staff.
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xiv. Security – Adequate security on a 240hour basis on all


entrances and exits of the apartel premises.
2. Basic requirements for tourist inns
i. Location – The tourist inn, except those already existing and
licensed, shall be located along the principal roads and
highways or transportation routes and open to business on
a 24-hour basis.
ii. Bedroom facilities and furnishing – All bedrooms shall have
attached toilet and bath equipped with 24-hour service of
running water; shall be furnished with comfortable beds and
quality furniture (mirror, writing table, chair, closet dresser
per room). Wall shall be painted, wall papered, or
architecturally designed, clean and appropriate draperies.
Floors shall be of good flooring materials. All single
bedrooms shall have a floor area of not less than nine (9)
square meters and all twin rooms or double rooms shall
have a floor area of not less than 16 square meters. There
shall be vacuum jugs or thermoplast with drinking water
with glasses in each bedroom.
iii. Lighting and ventilation – They shall have adequate natural
as well as artificial light and ventilation and
iv. Linen – There shall be adequate supply of good clean linen,
blankets and towels that shall be changed regularly in each
occupied room.
v. Parking – There shall be adequate parking spaces
proportionate to the number of lettable rooms and other
public facilities of the inn.
vi. Reception – There shall be a reception and information
counter attended by qualified trained and experienced staff.
There shall be a lobby and well-appointed lounge.

vii. Long distance/overseas calls – There shall be adequate


telephone facilities. Services for long distance or overseas
telephone calls shall be made available to guests.
viii. Television/radio – There shall be provisions for radio and/or
television for the use of guests upon request.
ix. Restaurant – There shall be well equipped, well furnished
and well maintained restaurant for its guests as well as the
public in general.
x. Kitchen –A kitchen, pantry and cold storage shall be
designed and organized to ensure, efficiency of operation
and shall be well maintained, clean and hygienic. Washing
of cooking utensils, crockery, cutlery, glassware, etc. shall
be hygienically done.
xi. Security – Adequate security shall be provided to all guests
and their belongings. Inns with more than 50 lettable rooms
shall have emergency exits in case of power failure.
xii. Fire fighting facilities – Adequate fire-fighting facilities shall
be available as required by the Fire Code of the Philippines.
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Section 45. General rules on the operations and management of resorts


and hotels (DOT guidelines; best practice)

a. Maintenance and housekeeping – Maintenance of all sections of the


resort or hotel shall be of acceptable standard, shall be on continuing
basis, taking into consideration the quality of materials used as we as its
upkeep. A vermin control program and regular and hygienic garbage
disposal system shall be maintained.
b. Lifeguard and security – Resorts and hotels with swimming pools have
the services of well-trained lifeguards duly accredited by either the
Philippine National Red Cross or the Water Life Saving Association of the
Philippines or any recognized organization.
c. Medical services – All resorts and hotels have access to trained medical
people trained by the Philippine National Red Cross or any organization.
Adequate first aid medicine and necessary life-saving equipment shall be
provided within the premises.
d. Firefighting facilities – Firefighting facilities shall be provided in
accordance with RA 9514 or the Fire Code of the Philippines.
e. Signboards – Appropriate signboards shall be conspicuously displayed
outside the establishment showing clearly the name and the
qualification of the resort or hotel as determined by the DOT and
registered under the City/Municipal Tourism Council.

Section 46. Basic standard requirement for pension houses – For the
purpose of accreditation and licensing by DOT and registration by the
City/Municipal Tourism Council, the following are basic requirements for the
establishment, operation and maintenance of pension houses: (DOT guidelines)

a. Number of rooms – A pension house shall have at least five (5) lettable
rooms.
b. Bedrooms – The bedrooms shall be provided with sufficient number of
comfortable beds commensurate with the size of the rooms. Each room
shall have adequate natural as well as artificial light and ventilation. It
shall be provided with at least a

writing table, closet, a water jug with glasses proportionate to the


number of beds in the room. Room shall be clean and presentable and
reasonably furnished to depict the true atmosphere of the Filipino home.
c. Common toilet and bathroom – The establishment shall provide a toilet
and bathroom to be used in common by the guests. There shall be at
least one (1) bathroom/shower for every five occupants in all lettable
room.
d. Linen – There shall be adequate supply of clean linen and towels. Soap
and tissue paper shall be provided at all times.
e. Living room – There shall be a reasonable furnished lounge or living
room area commensurate to the size of the pension where guests may
receive visitors or watch television or read.
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f. Dining Room – The pension shall have a dining room, which shall be
available for use of its guests.

Section 47. Minimum requirement for travel agencies and tour operators
– The travel agency and tour operator shall comply with the following office
requirements: (DOT guidelines; best practice)

a. It shall be located in a commercial district and not in a residential area.


b. It shall be used exclusively for the travel agency business.
c. It shall be easily identifiable.

Section 48. Basic requirements for tourist land transportation vehicles –


For purpose of registration and licensing, the following are the basic
requirements for the operation and maintenance of a tourist transport,
including taxis: (DOT guidelines; best practice)

a. Registered carrying capacity – A tourist transport operator shall only be


allowed to apply for license for the number of units covered by its
franchise.
b. Road worthiness – To be registered, every tourist transport must be
found road worthy by the City/Municipal Tourism Council in
coordination with the LTO, and shall not, in the case of bus or coaster,
be more than ten years reckoned from the year of manufacture; nor more
than five years for a tourist car/taxi.
c. Left-hand drive – Every tourist transport shall be left-hand drive.
d. Ventilation – Every tourist transport shall be properly equipped with
adequate air conditioning units or ventilation.
e. Fire-fighting facilities – A tourist transport shall be provided or installed
with at least one portable fire extinguisher for the protection of its
passenger.
f. Imprint of company’s name and logo – The company’s name and logo
shall be imprinted at the rear and sides, respectively, of the tourist
transport.
g. Public address system – For tourist buses and coaster a public address
system must be installed.
h. Seats – Every transport shall be provided with lean and comfortable
seats.
i. Storage Space – A tourist transport operator shall have enough leg room
and storage space.
j. Garage – Every tourist transport operator shall provide an adequate
garage and repair shop for the maintenance of its equipment as well a
parking space sufficient to accommodate all its registered units.

Section 49. Basic requirements for tourist water transport vessels more
than 20 gross tonnage – For purposes registration and licensing, the following
are the basic requirements for the operation and maintenance of a tourist
water transport: (DOT guidelines)
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a. Restrooms – There shall be at least one restroom each with toilet and
washing facilities for male and female located at the passenger
accommodation area. In addition, there shall be a common toilet and
bath at the cabin area for long-haul trip. Tissue paper, soap and
hand/paper towel shall also be provided.
b. Reception – A receptionist shall be available to usher in guests.
c. Refreshment and dining area – There shall be a refreshment area, which
shall be well stocked at all times. In case of long-haul trips, a dining area
capable of
seating, at least, one-fourth (I/4) of the total passengers at one serving
shall be provided with appropriate and well-maintained furniture.
d. Promenade area – There shall be a promenade or airing space at the
upper deck for the exclusive use of passengers.
e. Baggage area – There shall be a baggage area provided with racks or
similar convenient and safe storage in the passenger accommodation
areas.
f. Service and staff – Adequate number of well trained, well groomed,
experienced, efficient and courteous staff shall be employed. They shall
wear clean uniforms at all times.
g. Lighting – Adequate lighting arrangement and fixtures shall be installed
in all levels of the vessel in accordance with the Philippine Merchant
Marine Rules and Regulations.
h. Life-saving equipment – Adequate life-saving device shall be provided in
accordance with the MARINA Regulations.
i. Communication Equipment – Adequate communication equipment shall
be provided in accordance with the MARINA Regulations.

Section 50. Basic requirement for motorized boats/banca 20 gross


tonnage and below engaged in providing water transport, including sight-
seeing and water-related tourism activities to foreign and domestic
tourists for a fee or any form of compensation.

a. Should be made of quality material and in accordance with MARINA


standards;
b. Should be clean and well-maintained;
c. Should have a non-skid gangplank measuring at least 2 feet width and
made of good quality material;
d. Should be equipped with adequate number of life vests or floatation
device that are in good condition;
e. Adequate and appropriate lighting, especially when travelling at night;
f. Should have fire fighting equipment;
g. Should have a waste bin;
h. Must have complete MARINA documents;
i. Operator and assistant must have undergone training in guest relations
and safety, and should be in uniform and wearing an ID during
operations.
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Section 51. Enterprises and investments – The City/ Municipal Government


and City/Municipal Tourism Council shall promote wealth generation for rural
communities in

tourism sites by implementing programs to raise-awareness and empower local


communities to engage in tourism related micro enterprises. They include, but
not limited to, the following: (Barangay micro business enterprises act; RA
7160; best practice)

a. Support the development of small businesses and micro-enterprises in


the barangay level to spur economic development by linking up the
community beneficiaries with organizations, institutions and agencies
that may provide grants or micro-finance to start-up their businesses.
b. Conduct trainings related to the establishment of various tourism
enterprises such as souvenir production, catering and food handling and
preparation,
guiding services, transport services, operation of community healing spa,
ecolodge or campsite.
c. Come up with incentives for locally owned small businesses and micro-
enterprises, in compliance with Republic Act No. 9178 a.k.a. Barangay
Micro Business Enterprises Act.
d. Implement a “buy local, support local” policy and pump up demand for
local fish, meat, vegetables and other produce.
e. Encourage communities to strengthen the local supply chain and buy
primarily within the barangay and/or city/municipality in order to
minimize economic leakages.
f. Encourage local ownership of businesses to prevent displacement of
local residents.

Section 52. Fair competition among tourism related or oriented


businesses or enterprises – To ensure fair competition, the City/Municipal
Government shall lead the establishment of unified fees and inclusive costing
for developing tourism products. (best practice)

Section 53. Priority employment for local residents – To ensure that local
economy will develop as a result of tourism development, tourism related and
oriented establishments and business shall give priority to hiring local
residents. Further, the ratio of local employees should be 70% while only 30%
of its staff roster could be non-locals or foreign nationals. Furthermore, there
should be equal opportunities for training and employment regardless of
gender and sexual orientation. (best practice)

Section 54. Employment of foreign nationals – Employment of foreign


nationals is limited to those with the required visa and permit to work issued
by the Bureau of Immigration and the Department of Labor and Employment.
(DOLE)

Section 55. Discount privilege for local residents – To encourage local


residents to travel within the City/Municipality, the City/Municipal
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Government shall create a privilege card that will be given to all local
taxpayers. The card entitles the holder to a discount of no more than 10 % of
the package cost. (best practice)

Section 56. Taxes and fees – Tourism related and oriented establishments
and businesses, otherwise exempt, shall pay all taxes as required by law
including, but not limited to: (a) Income tax; (b) value added tax; (c)
withholding tax; (d) documentary stamps tax; (e) capital gains tax; (f) local
business tax; (g) real property tax; (h) community tax; (i) occupation fees; (j)
registration, accreditation and permit fees; etc., (Regular tax)

Section 57. Destination management fee – A destination management fee


will be collected from all visitors as a fund recovery scheme for the
City/Municipal and Barangay government units and to raise funds for the
daily operations of the City/Municipal Tourism Council.

Section 58. Sharing scheme for destination management fee – The amount
collected for destination management in each of the tourism sites shall be
proportionately shared between the City/Municipality, the City/Municipal
tourism council and the barangay where the site is located at the ratio of fifty
percent (50%) for the LGU, and twenty-five percent (25%) each for the council
and the barangay. (best practice)

Section 59. Indigenous cultural communities’ royalty – In case a tourism


site is within ancestral domains, the sharing of income from collection of
destination management will be at the ratio of twenty percent (20%) to ICCs,
forty percent (40%) to the City/Municipality, and twenty percent (20%) each to
the barangay and City/Municipal Tourism Council. (IPRA; best practice)

Section 60. Tourism Promotion – The City/Municipal Government and the


City/Municipal Tourism Council, in partnership with the Department of
Tourism and provincial tourism office shall promote the concept of
product/market fit by creating high value and life enhancing tourism products
that match the preferences of different market segments. These products will
comply with specific standards in terms of quality and sustainability in order
to generate positive word of mouth advertising. (best practice; Tourism Act)

Section 61. Sustainable souvenirs - The City/Municipal Government and


the Cty/Municipal Tourism Council, in partnership with the Department of
Trade and Industry will develop local souvenir and food products from
abundant indigenous materials and ingredients that reflect the culture of the
place. (best practice)

IX. Health and sanitation (Sanitation Code; DENR)

Section 62. Health and sanitation – The City/Municipal Government shall


improve health and environmental sanitation not only for tourism purposes,
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but also primarily for the improvement of lives of the local community, in
compliance to Presidential Decree No. 856 a.k.a. Code on Sanitation.

Section 63. Safety and first aid – To promote safety in tourism sites the
following shall be implemented:

a. Tourism related establishments, such as but not limited to hotels,


resorts, tourist sites, must have first aid kits and shall make available
health officers who may employ first aid to a tourist or client who may
need assistance. Basic medicine should be made available. (best practice)
b. Guides should be qualified to provide basic life support and administer
first aid to visitors during emergencies.
c. For water activities such as snorkeling, boat transport, paddling or
kayaking, visitors are required to use a floatation device.
d. For hiking activities, visitors are required to stay within the established
and developed trail and to stay away from restricted areas.
e. No visitors will engage in snorkeling, paddling, hiking or caving activities
without a trained and qualified local guide.
f. Carrying of deadly weapons by visitors will be prohibited for all tourism
sites, except for individuals whose profession is related to law
enforcement. Deadly weapons, including guns, will de left with the
barangays captain for safekeeping while in the tourism site. (best
practice)

Section 64. Stray animals – Animals, fowls and pets shall be housed in
appropriate kennels, cages or private compounds. Stray animals will not be
allowed in public places, tourism areas, including birding sites. All dogs and
cats should have regular rabies shots.

Section 65. Water sampling – Regular water sampling should be done to


determine the sanitary quality of water used for different purposes. Drinking
water from any establishment should conform with the criteria set by the
National Drinking Water Standards.

To protect drinking water contamination, the following measures shall be


observed:
a. Washing clothes or bathing within a radius of 25 meters from any well or
other source of drinking water is prohibited.
b. No artesian, deep or shallow well shall be constructed within 25 meters
from any source of pollution.
c. No radioactive sources or materials shall be stored within a radius of 25
meters from any well or source of drinking water unless the radioactive
source is adequately and safely enclosed by proper shielding.
d. No person charged with the management of a public water supply
system shall permit any physical connection between its distribution
system and that of any other water supply, unless those in charge of the
public supply to which the connection is made and found to be safe and
potable.
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Section 66. Toilet and washing facilities – Adequate toilet facilities, for male
and female, shall be provided in tourist and public areas, including campsites,
parks, trails and viewing areas. Toilets, whenever possible, shall have good
water supply, illumination and ventilation. If water supply is limited, dry or
composting toilets may be used. Further, adequate hand-washing facilities
shall be provided within or adjacent to the toilet room.

Section 67. Food establishment – No person or entity shall operate a food


establishment for public patronage without securing a permit from the local
health office. Further, every sanitary permit shall be posted in a conspicuous
place in the establishment.

Section 68. Health certificates – No person shall be employed in any food


establishment without a Health Certificate issued by the local health office.
Likewise, all employees in tourism and allied tourism ventures, including
micro-enterprises in the
tourism sites, shall have a Health Certificate attesting her/his health condition
and ability to work effectively.

Further, food handlers and cooks shall at all times:


a. Wear clean appropriate working garments including a hairnet.
b. Observe good personal hygiene.
c. Have short nails and no manicure.
d. Wash their hands thoroughly with soap and water and dry them with a
clean or disposable towel immediately before working or after visiting the
toilet.
e. Wear hairnet while on duty.
f. Will refrain from duty or work when not feeling well or is ill.

Section 69. Quality and protection of food – As much as possible, food


ingredients shall be obtained from local sources approved by the local
authority. Further, establishments are advised to avail of locally produced
products.

Section 70. Structural requirements – Food establishments shall be


constructed in accordance with the following requirements:

a. No person shall use any room or place for or in connection with the
preparation, storage, handling or sale of any article of food –
1. Which is at anytime used or in direct communication with a
sleeping apartment or toilet;
2. In which any animal is kept; or
3. Which is or has been used for any purpose which would be likely
to contaminate the food or to affect injuriously its wholesomeness
or cleanliness; or
4. Which is not used exclusively for the purpose. Provided that in
department stores or multi-purpose business establishments, food
may be manufactured, prepared, cooked, stored, or sold only in
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the area set aside exclusively for said purpose and for which a
sanitary permit has been issued.
b. No sanitary permit shall be issued for any premises to be used for the
preparation, handling and sale of food unless it is constructed in
accordance with the following requirements:
1. The Floors shall be
i. Constructed of concrete or other impervious and easily
cleaned material that is resistant to wear and corrosion and
shall be adequately graded and drained; all angles between
the floors and walls shall be rounded off to a height of not
less than 3 inches (7.62 cm.) from the floor; or
ii. Constructed of wood with dovetailed or tongue and grooved
floor boards laid on a firm foundation and tightly clamped
together with all angles between the floor and walls rounded
off to a height of 3 inches (7.62 cm.); or
iii. Constructed in accordance with the requirements of sub-
clause (i) and (ii) of this clause and covered with linoleum,
smooth surfaced rubber or similar material fixed to the floor
with cement or suitable adhesive: Provided, That with the
approval in writing of the local authority, floors may be
covered with carpets or other floor covering in those parts of
the premises where such carpets or coverings can be
satisfactorily cleaned and maintained.

2. Walls
i. The internal surface of walls shall have a smooth, even, non-
absorbent surface capable of being readily cleaned without
damage to the surface and constructed of dust-proof
materials;
ii. The walls, where subject to wetting or splashing, shall be
constructed of impervious, non-absorbent materials to a
height of not less than 79 inches (2 meters) from the floor;
iii. The internal walls shall be painted in light colors or treated
with such other wall finish as the health authority may
prescribe
3. Ceilings
i. All ceilings or, if no ceiling is provided, the entire under-
surface of the roof shall be dust-proof and washable;
ii. The ceiling or undersurface of the roof of rooms in which
food is prepared or packed or in which utensils or hands are
washed shall be smooth, non-absorbent and light.
4. Lighting
i. The general standards of illumination provided shall permit
effective inspection and cleaning and shall be of sufficient
intensity appropriate to the purpose for which any room or
place is used;
ii. In rooms where food is prepared or packed or in which
utensils or hands are washed there shall be a minimum
illumination intensity of 20 foot-candles; in premises where
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food is consumed, there shall be a minimum illumination


intensity of 5 foot-candles. Intensities of illumination shall
be measured at a point 30 inches (76.20 cm.) above the
floor;
iii. All lighting shall be reasonably free from glare and
distributed so as to avoid shadows;
iv. At other areas or working surfaces, the illumination shall be
of such intensity as may be required by the health authority.
5. Ventilation
i. Ventilation shall be provided which shall be effective and
suitable to maintain comfortable condition;
ii. The ventilation shall be adequate to prevent the air from
becoming excessively heated, prevent condensation and the
formation of excess moisture on walls, ceilings and for the
removal of objectionable odors, fumes and impurities;
iii. In the absence of effective natural ventilation, mechanical
ventilation with airflow from a clean area, and discharging in
such a manner as not to create a nuisance, shall be
provided;
iv. Canopies, air ducts, fans or other appliances shall be
provided as required by the health authority in particular
circumstances;
v. Effective provision shall be made for securing and
maintaining a reasonable temperature.
6. Overcrowding – There shall be sufficient floor space to enable every
person working thereon to carry out his duties efficiently and to
permit
easy access for cleaning. Working spaces, aisles or passageways
and areas to which customers have access shall be unobstructed
and sufficient to permit

movement of employees and customers without contamination of


food by clothing or personal contact.
7. Change rooms – There shall be provided adequate and suitable
lockers or other facilities for the orderly storage of clothing and
personal belongings
of employees or persons engaged or employed in the premises.
Such facilities shall be so situated and arranged so that there is no
contamination of food by contact with clothing, and where the
number of persons engaged or employed is four or more of either
sex, there shall be provided separate changing rooms for each sex.
8. Wash-hand basins shall be installed in convenient places and as
near as practicable to where the person for whose use they are
provided are working while handling food for sale or in such
locations as may be otherwise prescribed in any particular case.
Provided, further, that the wash-hand basins are installed under
specifications of the National Plumbing Code of the Philippines.
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Section 71. Use of food service spaces.

a. Food-service spaces shall not be used as living or sleeping quarters.


b. Clothing or personal effects shall be kept in lockers or in designated
places away from food service spaces.
c. No animal or live fowls shall be allowed in such spaces.
d. Persons not directly connected with food preparation and serving shall
not be allowed to stay in food-serving spaces.
e. Foods in storage or in preparation must not be handled by anyone other
than the preparation and serving staff.

Section 72. Minimum requirement for the purchase and handling of


equipment and utensils as follows:

a. Equipment and utensils


1. They shall be so designed, fabricated and installed so that cleaning
is easy and they do not pose health hazards.
2. Lead-soldered containers and cadmium-lined piping and fixtures
shall not be used.
3. Surfaces that come into contact with food or drinks shall be
constructed of materials that are impervious, corrosion-resistant,
non-toxic, easily cleanable, durable and resistant to chipping.
4. Sliding doors on cabinets shall be easily cleanable and removable.
5. Runners shall be allotted at the ends to permit removal of dust
and debris. The bottom shelves of open-based fixtures shall be
removable to facilitate inspection, cleaning and maintenance.
b. Washing of utensils
1. They shall be scraped and pre-rinsed to remove food articles.
2. They shall be thoroughly cleansed in warm water at 120°F/49°C
with soap or detergent.
3. If running water is not used, the wash-water shall be change
frequently.

c. Bacterial treatment – Eating and drinking utensils and equipment, after


cleaning, shall be subjected to one of the following bacterial treatments:
1. Immersion for at least half a minute in clean hot water at a
temperature of at least 170°F/77°C;
2. Immersion for at least one minute in a lukewarm chlorine solution
50ppm;
3. Exposure in a steam cabinet at a temperature of at least
170°F/77°C for at least 15 minutes or at a temperature of
200°F/90°C for at least 5 minutes;
4. Exposure in an oven or hot-air cabinet at a temperature of at least
180°F/82°C for at least 20 minutes; or
5. Any other method approved by the local health authority.
d. Handling of washed utensils
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1. Washed utensils shall be allowed to drain dry in wire racks


without the use of drying cloths, or shall be stored in a self-
draining position to permit ready air-drying.
2. Drying cloth may also be used.
e. Storage of washed utensils
1. They shall be stored in a clean and dry place adequately protected
against vermin and other sources of contamination.
2. Cups, bowls, and glasses, shall be inverted for storage.
3. When not stored in closed cupboards or lockers, utensils and
containers shall be covered or inverted whenever practicable.
Utensils shall not be stored on the bottom shelves of open cabinets
below the working top level.
4. Racks, trays and shelves shall be made of materials that are
impervious, corrosion-resistant, non-toxic, smooth, durable and
resistant to chipping.
5. Drawers shall be made of the same materials and kept clean. Felt-
line drawers are not acceptable, but the use of clean and
removable towels for lining drawers is acceptable.

Section 73. Dry storage of non-perishable foods – Non-perishable foods


shall be stored in the following manner:

a. Designated spaces, lockers, cupboards, racks, shelves and containers


shall be used for storage.
b. All spaces, lockers and cupboard shall be constructed of materials of the
same quality as used for food-preparation and food-serving operations.
Containers shall be made of metal fitted with tight covers.
c. The recommended temperature range for dry stores is 50-60°F/10-15°C
except where dry foods for immediate use are stored in the preparation
and servicing spaces

Section 74. Refrigerated storage of perishable foods – Perishable foods shall


be stored in the following manner:

a. They shall be kept at or below 45°F/7°C except during preparation or


when held for immediate serving after preparation.
b. When such foods are to be stored for extended periods, a temperature of
40°F/4°C is recommended.

c. Fruits and vegetables shall be stored in cool rooms.


d. Recommended temperatures for perishable food storage are:
1. Frozen foods; not more than 10°F/2°C
2. Meat and fish: 32-38°F/0-3°C
3. Milk and milk products: 40-45°F/5-7°C
4. Fruits and vegetables: 44-50°F/7-10°C
e. All refrigerating compartments and refrigerators must be kept clean, in
good repair and free from odors. They shall be provided with
thermometers with scale divisions not larger than 2°F. Sufficient
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shelving shall be provided to prevent stocking and to permit adequate


ventilation and cleaning.

Section 75. Food servicing operations – These operations should be in


accordance with the following requirements:

a. Hand contacts with food or drink shall be avoided; fingers shall not be
used to serve butter, ice, or similar items of food. Sugar shall be served
in covered dispensers or containers, or in packages wrapped for single
service.
b. The surfaces of containers and utensils, including glasses and table
wares, which come in contact with food and drink shall not be handled.
c. Clean cloths, napkins, spoons, towels, and other cloth equipment shall
be stored in clean places designated specifically for them. Soiled linens,
including towels, aprons and uniforms, shall be stored in a closed bin or
locker, suitably marked.
d. Spoons, spatulas, dippers and scoops used intermittently for dispensing
frozen desserts shall be kept in running water or in water maintained at
170°F/77°C and frequently changed, or they may be washed and stored
in a dry place after each use. Constant-temperature bottles and other
containers used for potable water and other beverages shall be kept
clean and given effective bactericidal treatment before and after
subsequent use.

Section 76. Vermin control – Diseases caused by vermin / different kinds of


pests should be abated.

a. Spaces where food and drinks are stored, prepared and served shall be
so constructed and maintained as to exclude vermin.
b. Establishment owners, operators, or administrators shall maintain a
vermin abatement program. Failure to maintain a vermin abatement
program is a violation and will be penalized.

c. During disinfecting operations, all foodstuffs, utensils, food preparation


and cleaning equipment shall be covered to protect them from toxic
chemical substances.
d. Vermin control in public places shall be the responsibility of the
City/Municipal Government. The procedure and frequency of vermin
abatement program shall be determined and approved by the local
health authority.

Section 77. On other establishments

a. Groceries or sari-sari store


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1. No grocery or sari-sari store shall be established within a distance


of 25 meters from any source of contamination.
2. All foods that require no further cooking before they are eaten
shall be protected from contamination.
b. Bakeries – Delivery trucks and carts of bakery products shall always be
kept clean and sanitary.
c. Dairies
1. No dairy shall keep unhealthy or infected cows, carabaos or goats
for the production of milk, or feed them unwholesome food, which
produces impure or unwholesome milk.
2. No animals used for the production of milk shall be allowed to
graze on land, which has been contaminated by radioactivity.
3. No dairy shall sell unwholesome milk that has not been previously
pasteurized or otherwise sterilized.
d. Ice plants
1. Only potable water shall be used in the manufacture of ice.
2. In storing and transporting ice intended for public consumption,
precautionary measures shall be taken to protect the ice from
sources of contamination.
e. Ambulant food vendors
1. Ambulant vendor shall sell only bottled food drinks, biscuits and
confectionaries.
2. It is prohibited for food vendors to sell food that requires the use of
utensils.
f. Fish marketing areas
1. Only fresh and wholesome fish products shall be sold.
2. Fish caught in radioactive zones as well as in areas contaminated
by toxic substances or high in mercury count as determined by the
health authorities shall be condemned and not allowed for public
consumption.
3. The selling, distribution and buying of fish caught through the use
of explosive and chemicals are prohibited.

Section 78. Public swimming or bathing places – No public swimming or


bathing places shall be operated for public use without sanitary permit.

Section 79. Rest areas, bus terminals, bus stops and service stations -
Rest areas, bus terminals, bus stops and service station areas with one or
more permanent sheds, buildings and service facilities for motor vehicles shall
be provided with sanitary facilities for the convenience and personally
necessities of the travelling public.

Section 80. Camps and picnic grounds – No camps and picnic grounds shall
be open for public patronage without a sanitary permit.
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Further,
a. Camps and picnic ground sites shall not be subject to flooding, must be
well drained, distant from any source of nuisance and will not endanger
sources of any public supply of water.
b. Camp and picnic houses shall be provided with adequate lighting and
ventilation.
c. Adequate and safe drinking water shall be available at all times.
d. Adequate number of sanitary facilities shall be provided.
e. Camps and picnic grounds shall at all times be maintained clean, free
from litter and accumulated rubbish.
f. Vermin control program must be done, as necessary.

Section 81. Resorts, hotels, motels, apartments,


lodging/boarding/pension houses shall not be allowed to operate without
a sanitary permit.

Section 82. Port, airport, vessel and aircraft sanitation – The following
sanitary requirements shall be applied for port and airport sanitation:

a. Every port and airport shall be provided with potable drinking water and
wholesome food supplied from approved sources.
b. The drinking water and food shall be stored and handled in a manner to
ensure their protection against contamination. The local health authority
shall conduct periodic inspections of equipment, installations and
premises, and collect regularly samples of water and food for laboratory
examination to determine if they are fit for human consumption.
c. The local health authority for each port and airport shall take all
practicable measures to keep port and airport installation free of
rodents.
d. Every port of entry and the area within the perimeter of an airport of
entry shall be kept free from mosquito vectors of yellow fever, malaria
and other diseases of epidemiological significance.

Further, on vessel sanitation, Article II, Section 5 of RA 123 shall be applied


and enforced, and on aircraft sanitation, the requirement in the World Health
Organization Guide to Hygiene and Sanitation in Aviation shall be adopted and
enforced.

X. Environmental conservation and protection guidelines

Section 83. Environmental conservation and protection – All tourism


related development in the municipality shall adhere to the environmental
conservation and protection guidelines set, but not limited to, in the different
environmental laws and
policies, and those stipulated in this Ordinance; and ensure the use of
ecologically sound and environment friendly technologies in the said
development. (Tourism Act; RA 7160; envi laws; best practice)
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Section 84. Environmental impact assessment – All tourism related


development in environmentally critical areas and those involving projects that
pose potential significant impact to the environment shall be required to secure
an environmental compliance certificate. (EIS Law)

Section 85. Carrying capacity – All tourism destinations shall have


undergone a carrying capacity assessment, which shall be the basis for
regulating visitation by tourists, public, researcher/scientists, etc.
(environment laws; best practice)

Section 86. Polluter’s pay principle – Polluters shall pay for the damage they
cause to the environment. The amount of damages shall be determined by the
City/Municipal Tourism Council, the Composite Inspection Team and
independent consultants. (Clean air act; best practice)

Section 87. Priority use of water – All existing use of water resources in the
areas shall be covered by a water permit or registration. If in ancestral domain
or lands of ICCs/IPs, the applicant shall get the FPIC of the community. In all
instances, priority shall be given to use of water for domestic, municipal, and
agricultural purposes. If potential negative impact on other water users is
identified, the water permit shall not be granted. (Water Code; best practice)

Section 88. Application for water permit for recreation activities –


Compliance with the IRR of PD 1067 a.k.a. the Water Code shall be necessary
in seeking permit for the utilization of water for recreational purposes such as
but not limited to, swimming pools, bath houses, developing a stream or man-
made lake, boating, rafting, golf courses, and other similar activities, as
follows: (Water Code)

a. Proof of land ownership of, legal title to, or right to use, the property on
which the water source is situated;
b. Certificate of Registration from relevant agencies
c. Vicinity Map/Location Plan with scale 1:10,000 or 1:50,000 showing the
exact location of the point of diversion;
d. Brief description of the project stating among others, how water will be
used, amount of water needed, etc.;
e. Well Drilling Data (in case of existing groundwater source);
f. Certificate of Potability (including Physical and Chemical Analysis of
water); (if applicable);
g. ECC (for projects considered as Environmentally Critical Projects or
projects located in Environmentally Critical Areas) or Certificate of Non-
Coverage from DENR-Regional Office;
h. Such other documents that may be required by the National Water
Resources Board.

Section 89. Fishery reserves, refuge and sanctuaries – Diving, snorkeling,


and other water activities shall be allowed, provided, however that
establishments that bring visitors are registered with the City/Municipal
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Tourism Council; provided, further, that there will be no taking or harvesting


of corals and threatened or endangered species. (Fisheries Code; best practice)

Section 90. Water pollution – Efforts shall be made by the City/Municipal


government to prevent the pollution of the different water resources. Further,
no tourism related establishment shall be allowed to discharge untreated toxic
waste water to the domestic sewerage system. (Water Code; Water Pollution
Control law; etc)

Section 91. Dumping of waste – Dumping of waste in any body of water shall
be strictly prohibited. (general envi laws; best practice)

Section 92. Recycling of water resources – Establishments shall make effort


to recycle or reuse water to maximize its use; provided, however, that recycling
methods will not be detrimental to health and/or sanitation. Further, water
conservation must at all times be observed. (Water Code; best practice)

Section 93. Waste management – Proper waste management will be


implemented in all barangays, in compliance with RA 9003 a.k.a. the
Ecological Solid Waste Management Act, especially important guidelines as
follows: (Ecowaste Act; best practice)

a. Reduce, reuse, recycle must be encouraged.


b. Waste segregation shall be strictly implemented in all homes and
establishments.
c. Solid waste containers or receptacles with cover should be placed where
people pass through:
1. There shall be a separate container for each type of waste from all
sources. For bulky waste, it will suffice that the same be collected
and placed in a separate container and in designated areas; and
2. The solid waste container depending on its use shall be properly
marked or identified or on-site collection as "compostable,"
"recyclable" or "special waste," or any other classification as may
be determined by the National Solid Waste Management
Commission.
d. No scavenging or unauthorized collection in designated segregation
containers or areas shall be allowed.
e. Materials recovery facilities shall be established in every barangay or
cluster of barangay depending on the volume of waste generated. It
should be designed to receive, sort, process and store compostable and
recyclable materials efficiently and in an environmentally sound manner.
It should be fenced and have
compartments for compostable, recyclable, special waste, and other
waste
materials.
f. Compost pit should be fenced and provided with cover.
g. Liquid waste – Grease trap must be put in all kitchens to avoid oil,
animal fats and greasy water from entering the sanitary sewer line.
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h. Special wastes such as paints, thinners, household batteries, lead-acid


batteries, spray canisters, shall be handled separately.

Section 94. Ban on incineration – Burning of solid waste is illegal and shall
be strictly prohibited. (Ecowaste Act; Pollution Control)

Section 95. Ambient air quality – To ensure good air quality, regular air
quality tests shall be done; provided, however, that no tourism related
establishment or activity that emits toxic and hazardous air pollutants that
may affect public health or welfare shall be tolerated. (DENR guidelines; best
practice)

Section 96. Noise and acoustical level – Noise level shall always be at an
acceptable level, in accordance with DENR standards for noise in general
areas. Further, no person shall

emit or cause to emit noise greater in volume intensity or quality than


acceptable levels for tolerable noise without securing clearance from the Office
of the Mayor.

Further, noise level shall be monitored from time to time, and as deemed
necessary. (DENR guidelines; best practice)

Section 97. Forest lands for tourism purposes – Forestlands may be used
for tourism ventures, such as but not limited to, bathing establishment,
campsite, hotel suite/resort, ecotourism venture, upon receiving authorization
from the DENR, and based on the following guidelines: (DENR AO 16, s. 2009)

a. CENROs must lead the identification of Forest Land Use Agreements


(FLagT) sites in their respective areas.
b. FLagT sites shall not exceed twenty-four (24) hectares for campsites and
hotel sites, five (5) hectares for ecotourism sites, and ten (10) hectares for
other tourism purposes, subject to the approval of DENR Regional
Executive Director.
c. Upon receiving the agreement, the holder must submit a Comprehensive
Development and Management Plan (CDMP) for the FLagT area, which
includes activities that will benefit the host community.
d. The FLagT holder shall strictly follow the conditions of the agreement,
specifically in the protection and conservation of environmental
resources.

Section 98. Caves as ecotourism site – Caves that are not identified under
RA 8371 or NIPAS and not managed by a PAMB shall be open to ecotourism,
provided that a Cave Management, Protection and Conservation Program is
done in compliance with the DENR AO 29, s.2003 or IRR of RA 9072 (the
National Caves and Cave Resources Management and Protection Act). (National
Caves and Cave Resources Management and Protection Act)
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Section 99. Botanical gardens and zoological parks as tourism site –


Botanical gardens, zoological parks, wildlife sanctuary and other similar
establishments may be identified as a tourism site or may be open to public,
provided, however that ecotourism activities will not threaten rare species of
flora and fauna. (Wildlife Act)

XI. Food security guidelines

Section 100. Backyard organic gardens – To ensure that families will


always have available fresh food, backyard organic gardens will be established.
Whatever available

vacant lots will be planted with vegetables to supply the needs of the local
population and the visitors. (best practice)

Section 101. Improve fishery - Fishery reserves and sanctuaries will be


established to improve fishery and increase food supply from marine products.
(RA 8550).

Section 102. Local supply chain - Tourism establishments will be


encouraged to prioritize local supply chain to spur economic activities and to
prevent economic leakages. Information campaigns regarding the concept of
economic leakages will be

conducted in order to promote the concept of buying more local produce


than imported products. (EO 217)

Section 103. Farm produce - Farmers, fisher folks and farm producers will
be encouraged to increase food production using sustainable technologies in
order to assure the food supply of the community, especially with the influx of
tourists. (best practice)

Section 104. Food processing - Orchard and farm owners will be


encouraged to add value to their products through food processing in order to
prolong shelf life, increase the number of products that may be sold to tourists
and increase income. (best practice)

PART THREE: REGISTRATION AND LICENSING OF TOURISM


ORIENTED/RELATED ESTABLISHMENTS (RA 7160; DOT guidelines)

Section 105. Registration and licensing of tourism oriented


establishments is mandatory – No person, natural or juridical, shall keep,
manage, or operate any tourism oriented or related business without having
first secured from the City/Municipal Tourism Council a certificate of
registration of the establishment, and valid license from the BPLO to operate
the same. (RA 7160; DOT, best practice)
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Section 106. Application for registration and license – Any person,


partnership, corporation, or other entity desiring to establish, maintain and/or
operate a tourism oriented establishment shall apply for their license and
permit from the BPLO
prescribed for such purposes. The BPLO shall provide the list of tourism
establishment to the City/Municipal Tourism Council for accreditation and
classification:

a. Tour guides – Following are the minimum requirements for tour guides:
1. Only Filipino citizens may qualify as tour guides.
2. Should have undergone appropriate training from either a
government agency or a private group.
3. Shall have adequate knowledge about the area and the
environment that he/she shall be working at
4. Should have an updated medical clearance.
b. Travel and tours agency – In the case of an agency with business in
_____________, the following may apply for registration and license:
1. A Filipino citizen;
2. Partnership organized under the laws of the Philippines, at least
60% of capital of which is owned by the Filipino citizens;
3. Corporation organized under the laws of the Philippines, at least
60% of capital of which is owned by the Filipino citizens;
4. Such other establishments not covered by the preceding
paragraphs of this section may apply for the same privileges;
Provided that, they first comply with all the requirements of the
rules and regulations provided in this Ordinance and existing
laws.
c. Other establishments – Only Filipino citizens are qualified to apply for
registration or accreditation and license, and who are capable of
complying with all requirements and rules and regulations provided.

Section 107. Who are authorized to sign the application – In the filing of
the application for registration and license, the following are the authorized
signatories:

a. In the case of sole proprietorship, the owner thereof or her/his duly


authorized representative;
b. In the case of partnership, one of the partners designated on a sworn
certification by all the partners to sign the application; or
c. In the case of corporation, the person named in the board resolution as
authorized to sign the application or persons so designated in its by-
laws.

Section 108. Documents required to support application for registration


of license – Other than copies of pertinent licenses from the City/Municipal
Government, applicant should submit four (4) copies of the following
documents:

a. For tour guides (individuals):


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1. Proof of formal training on basic environment and tourism


principles;
2. Proof of good moral character, may be given by barangay officials
or Clearance from the National Bureau of Investigation; and
3. Health certificate dated within 6 months from the time of the
application.
b. Tourism-related establishments
1. In the case of corporation or partnership, a certified true copy of
the Articles of Incorporation, its By-Laws or Articles of Partnership
and
amendments thereof, duly registered with the Securities and
Exchange Commission, and Business Name Certificate; in case of
single proprietorship, Business Name Certificate and amendments
thereof, if any;
2. List of names of all officials and employees and their addresses; for
alien personnel – valid visa from Bureau of Immigration and the
proper permit from the Department of Labor and Employment; and
3. Such other requirements as may be requested and/or deemed
necessary, such as:
i. Certificate of accreditation from the Philippine Commission
on Sport Scuba Diving for dive shops;
ii. List of training programs approved by DOT for tourism
training centers;
iii. Memorandum of Agreement with the Protected Area
Management Bureau for ecotourism facilities; etc.
c. Resort
1. In the case of corporation or partnership, a certified true copy of
the Articles of Incorporation, its by-laws, or Articles of Partnership
and Amendments thereof duly registered with the Securities and
Exchange Commission, and the Business Name Certificate. In the
case of single
proprietorship, Business Name Certificate and amendments
thereof, if any;
2. A list of the names of all officials and employees and their
respective designation, nationality, home address, for alien
personnel, valid visa from Bureau of Immigration and the proper
permit from the Department of Labor and Employment shall be
submitted;
3. Annual General Liability Insurance for guests in the amount of not
less than the following:

i. Class “AAA” Php 100,000


ii. Class “AA” Php 50,000
iii. Class “A” / Special Interest Resort Php 20,000
4. Schedule of current room rates;
5. List of proprietors, principal owners, major partners, major
stockholders, controlling members, their nationalities, capital
contributions, stock or participation; in the case of a corporation,
such list must indicate the quantity, par value and type (whether
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voting or non-voting) of the stock with an indication of the


absolute total value of the outstanding voting stocks and its ratio
to the total value of the outstanding non- voting stock; and in all
cases, the list shall be accomplished by proof of their financial
capacity such as sworn statements of assets and liabilities, and
income tax returns;
6. Sworn Certificate or list containing the names of the hotel
keeper/manager, assistant hotel keeper/manager and other
members of the hotel staff and their respective designations,
nationalities, home address, and accompanied by a passport size
photo of each them; and
7. Joint venture and/or technological assistance agreements, if any,
existing or proposed and about to be entered into with foreign
nationals.
d. Hotel
1. In the case of corporation, partnership, single proprietorship, or
other entity, a certified copy of its articles of incorporation and by-
laws, articles of partnership or association; or Registration of
Business Name and amendments thereof, duly registered with the
Securities and Exchange Commission or other registering
government agency, as the case may be;
2. Resolution of the Board of Directors of the corporation. Association
or other entity authorizing the filing of the application and
designating its representative authorized to act for and its behalf;
3. In the case of the corporation, association or other entity, list of
directors and other principal officers and their respective
nationalities. If any director or officer is a naturalized Filipino
Citizen, such fact should be
stated, accompanied by a copy of his certificate of naturalization or
citizenship;
4. List of proprietorship, principal owners, major partners, major
stockholders, or controlling members, their nationalities, capital
contribution, stock or participation; in case of a corporation, such
list must indicate the quantity, par value and type (whether voting
or non-voting) of the stock with an indication of the absolute total
value of the outstanding total value of the non-voting stocks, and
in all cases, the list
shall be accompanied by proof of their financial capacity such as
sworn statements of assets and liabilities, and income tax returns;
5. Sworn Certificate of list containing the names of the hotel
keeper/manager, assistant keeper/manager and other members of
the hotel staff and their respective designations, nationalities,
home address and accompanied by a passport size photo to each
of them;
6. Joint venture and/or technological assistance agreements, if any,
existing or proposed and about to be entered into with foreign
nationals;
7. Schedule of current room rates and prices of menu for hotels;
8. Comprehensive General Liability Insurance for guests.
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i. De Luxe class Php 100,000


ii. First class Php 100,000
iii. Standard class Php 50,000
iv. Economy class Php 50,000; and
9. Such other papers or documents as may be required by pertinent
laws, rules and regulations.
e. Tourist inn/apartel
1. In the case of corporation or partnership, a certified true copy of
the Articles of Incorporation, its by-laws or Articles of Partnership
and amendments thereof, duly registered with the Securities and
Exchange Commission and Business Name Certificate;
2. A list of the names of all officials and employees and their
respective designations, nationalities and their home address; and
for alien personnel, valid visa from the Department of Labor and
Employment; and
3. Annual General Liability Insurance for guests in the amount of not
more than Php 10,000.

f. Travel agency
1. A Copy of the Certificate of Registration with the Securities and
Exchange Commission;
2. A copy of the registration of the Business Name, if sole
proprietorship;
3. Two-years project financial statements to reflect, among other
things, a minimum working capital of Five Hundred Thousand
Pesos (Php 500,000);
4. Surety bond in the amount of Five Hundred Thousand Pesos (Php
500,000) issued by a duly accredited bonding company of good
standing in favor of the City/Municipal Government and
conditioned to answer for any all liabilities resulting from or
incurred in the course of travel and tour operator, which shall be
valid for a period of one (1) year from the date of issuance of the
license;
5. Complete list of personnel together with one (1) 1x1 photo of each
and notarized certification of the general manager that they are
without criminal record;
6. In the case of the manager, proof that s/he has at least three (3)
years of experience on operations or has earned a degree of
Bachelor Science in Tourism or has successfully completed a
Travel Agency Management Course. Proof that at least two (2)
years experience in tour operations;
7. Proof that at least two (2) of the permanent staff have completed
ticketing and reservation course and at least one (1) year work
experience;
8. List of the names and addresses of Tour Guides and Travel
Representatives;
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9. For alien personnel, valid visa from the Bureau of Immigration and
the proper working permit from the Department of Labor and
Employment;
10. Contract of lease or Contract to Lease the office space
intended for the use of the agency and in the case the owner of the
agency is also the owner of the building or the premises
concerned, proof of ownership must be submitted;
11. A Board resolution designating the person authorized to
assign and transact the business;
12. Such other documents required pursuant to existing laws,
ordinances and other legal issuances; and

13. Additional Requirements for Travel and Agency Using a


Motor Vehicle – No travel agency shall use any motor vehicle while
conducting tours or transporting tourists.
g. Land tourist transport operators
1. Documents required supporting application for license to operate:
i. Mayor’s Permit and/or City/Municipal License;
ii. Business name certificate and all amendments thereto, any,
in the case of corporation or partnership, certified true copy
of the Articles of Incorporation, its By-Laws or Articles of
Partnership and amendments, thereto, if any, duly
registered with the Securities and Exchange Commission;
iii. Proof of ownership or lease over an area adequate to serve as
maintenance depot and garage for all its units;
iv. A list of names of all officials and employees and their
respective designation, nationalities, home address, certified
correct under oath by the Secretary of the firm of the
proprietor himself;
v. Surety Bond in the amount of Ten Thousand Pesos
(P10,000) issued by a duly licensed insurance or bonding
company of good standing in favor of the City/Municipal
Government and conditioned to answer for any and all
liabilities resulting from or incurred in the course of tourist
transport; and
vi. Such other papers and documents as may be required from
time to time pursuant to existing laws, ordinances and other
legal issuances.
2. Documents required to support application for registration of
vehicle for tourist transport:
i. Certificate of inspection by the City/Municipal Tourism
Council for the LTO registration of the Tourist
Transport/taxis;
ii. A copy of the LTFRB (formerly Board of Transportation)
Certificate of Public Conveyance franchise or authorization;
iii. A copy of the transportation rates as approved by the
LTFRB;
iv. A compulsory motor vehicle liability insurance in the
amount of not less than the following:
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1. Third Party Liability – P20,000/unit


2. Passenger Accident – P12,000/unit
v. Pictures of the vehicle showing the side, back and front
views thereof, with the company’s name and logo imprinted
at its rear and sides, respectively; and
vi. Such other papers and documents as may be required from
time to time pursuant to existing laws, ordinances and other
legal issuances.
h. Water tourist transport operators
1. A copy of the Certificate of Public Convenience and Necessity
issued by Maritime Industry Authority;
2. A copy of the transportation rates as approved by the Maritime
Industry Authority;
3. Pictures of the vessel showing the side, back and front view thereof
with the company's name and/or logo imprinted at its sides;
4. A copy of routes to be served and schedules; and

5. Such other papers or documents as may be required from time to


time pursuant to existing laws, ordinances and other legal
issuances.

Section 109. Registration fees – All tourism related establishment/activities


accredited by the Department of Tourism in accordance with the above stated
rules and regulations shall be registered with the Office of the City/Municipal
Treasurer. An annual registration fee shall be paid in accordance with the
following schedule:

Fee/
annum
De luxe class hotel Php
2,220
First class hotel 1,980
Standard class hotel 1,650
Economy class hotel 1,100
Tourist 800
inn/apartel/ecolodge
Pension house 500
Resort 1,000
Tourism-related
transportation:
Tourist bus / coaster 200/unit
Mini van 150/unit
Car / Taxi 150/unit
Vessel 500/unit
*suggested rate for first class municipality
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Section 110. Issuance of certificate of registration and license, and


sticker – After all requirements in the preceding sections are completed, the
BPLO and the Office of the City Mayor shall issue the corresponding Certificate
of Registration and License. Further, the City/Municipal Tourism Council shall
devise and issue stickers for the purpose of classification of different tourism
establishments.

Section 111. Objection to application for registration and license – Any


person may file a written objection to the City/Municipal Tourism Council for
the issuance of
renewal of Certificate of Registration/License and/or sticker to the applicant.
The objection shall state the facts upon which it is based and shall be sworn to
before a person authorized to administer oath. Upon receipt of such objection,
the City/Municipal Tourism Council shall within three (3) days furnish the
applicant with a copy of the objection and require them to answer within five
(5) working days from receipt thereof. Within seven (7) days from receipt of the
answer of the applicant, the City/Municipal Tourism Council shall then
conduct a hearing with both parties duly notified and present. The
City/Municipal Tourism Council shall render a decision on the objection
within seven (7) days from the start of the hearing.

Section 112. Validity of certificate of registration – The Certificate of


Registration of tourism-oriented and tourism-related establishments shall be
valid, while the license shall be renewable on an annual basis. If the tourism-
oriented and/or tourism-related

establishment concerned has ceased operation for at least six (6) months, it
shall re-apply for registration.

Section 113. Documents to be submitted for the renewal of license –


Application of renewal of license shall be supported by the following
documents:

a. A copy of the amended Articles of Incorporation or Article of Partnership


and By-Laws, if any;
b. List and information sheets of additional personnel, if any, or any
change in the manpower complement;
c. Latest Income Tax Return and Audited Financial Statements covering
the preceding year’s operation; Provided, that if this requirement is not
available at the time of renewal, the same shall be submitted not later
than 30 April of the current year;
d. A resolution of the Board of Directors authorizing the continuation of the
business;
e. Proof of renewal of General Liability Insurance (additional requirements
for resort and tourist inn/apartel);
f. Renewal of Surety Bond referred of additional requirements for tourist
transport operation;
g. Barangay Clearance; and
h. Certificate of Registration issued by the City/Municipal Tourism Council.
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Section 114. Ground for the closure of tourism establishment, imposition


of fine, forfeiture of bond, suspension, cancellation of and/or non-renewal
of license:

a. Making any false declaration or statement or making use of any such


declaration or statement or any document containing the same of
committing fraud or any at of misrepresentation for the purpose of
obtaining the issuance, grant or renewal of any certificate of
registration/accreditation/reaccreditation or license;
b. Failure to comply with or contravene any of the conditions set forth in
license;
c. Failure to meet the standards and requirements for the operation of
tourism establishments, as prescribed in these rules;
d. Serious physical injury or lost of life of any guest due to the fault or
negligence of its official or employee (for resort/hotel/tourist
inn/apartel/and other tourism-related establishments);
e. Allowing or permitting the tourism establishment, including any of its
facilities, to be used for illegal, immoral, illicit activities, such as:
gambling, prostitution, etc. (for resort/hotel/tourist inn/apartel/or other
tourism-related establishment); (Managers and/or operators shall exerts
all possible efforts not to permit a person whom they know to be drunk
and/or have reason to believe to be either a prostitute, a pedophile or a
bad character to occupy any room or to frequent the premises. To
accomplish this end, they shall immediately report the nearest police
station the presence in the premises of any such person.)
f. Violation of any of the conditions of the LTFRB franchise (for tourist
transport operation);
g. Tolerance of gross misconduct, discourtesy, dishonesty, or
misrepresentation and/or fraudulent solicitation of business committed
by any of the officers or employees against their clients to the detriment
of the tourism industry;

h. Willful violation of agreements and/or contracts entered into by the


tourism establishment and its clients;
i. Failure to replace or renew the Surety Bond within fifteen (15) days from
the date when said bond is ordered forfeited or confiscated in accordance
with these rules or canceled and/or revoked whatever cause (in case of
travel agency);
j. Failure to pay fine, as well as fees, dues and contribution imposed under
existing rules;
k. Failure to submit a notice of any change in its personnel within fifteen
(15) working days of such change;
l. Employment/hiring of employees such as tour guides, who are not
holders of license issued by the BPLO or non-Filipino employees,
whether contractual or permanent, without valid working visa and work
permit;
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m. Opening of any branch without prior registration with the


City/Municipality Tourism Council;
n. Any other acts/omissions that worked against the interest of the local
tourism industry.

In case of Tour Guides, the following are grounds for cancellation and
suspension of license:

a. Cancellation of License
1. Conviction of a crime involving moral turpitude; and
2. Conviction of more than one of any of the acts enumerated in the
next item.
b. Suspension of license
1. Any overt act of dishonesty, misrepresentation or misconduct
committed against a member of his/her tour group or against
his/her employer or co-employer;
2. Soliciting tips or contributions from tourist;
3. Failure to comply with the requirements as to the compulsory
wearing of identification cards; and
4. Violation of any of the provisions of this Ordinance.

Section 115. Transfer of certificate of registration and license – The


certificate of registration and license is a matter of privilege and may be issued
only to qualified applicants. Accordingly, no owner and/or operator shall
transfer in any manner said certificate and license.

Section 116. Display of certificate of registration and license sticker – The


certificate of registration and license shall be displayed in a conspicuous area
in the place of business. Stickers shall be posted in entrances, doors, gates
and other surfaces for easy identification purposes.

Section 117. Filing of schedule of charges – Tourism establishments shall


file with the City/Municipal Tourism Council a printed form of schedule of
charges on all services and related fees, seven (7) days from the effectivity of
such charges.

XI. Registration of guests

Section 118. Registry – Resort/Hotel/Apartel/Tourist Inn/Pension


Houses/Ecolodge shall keep a registry or record book. All guests/visitors
seeking accommodations shall
be required to register the following particulars in the registry and/or record
book: (reference Sipalay and Looc/Lubang tourism code)

a. Her/His full name;


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b. Particulars of any identity card, passport or other travel documents


issued to her/him;
c. The place of her/his origin and her/his permanent, regular or known
address;
d. The probable duration of her/his stay and her/his intended destination;
e. The occupation and place of employment;
f. Her/His nationality; and
g. The hour and date of her/his arrival.

Further, tourists/visitors should be required to register when entering


ecotourism sites, with the following particulars: (best practice)

a. Her/His full name, birthdate/age;


b. The place of her/his origin and her/his permanent, regular or known
address;
c. Her/His nationality; and
d. The occupation and place of employment.

Section 119. Visitor invited by guest should register – Any visitor invited by
a guest to stay in her/his room shall register in a separate book for visitors, in
which shall be entered the name, address, and other particulars of the visitor.
(reference Alaminos tourism Code)

Section 120. Registry of property left by guests – There shall be a book


where particular of any property left in an establishment shall be entered.
(reference Alaminos tourism Code)

Section 121. Guests suffering from dangerous, contagious and/or


infectious disease – The manager/operator of an accommodation facility shall
immediately report to the City/Municipal Tourism Council any guest, tenant or
member of any tourism establishment concerned who is found to be suffering
from a dangerous, contagious, and/or infectious disease. The City/Municipal
Tourism Council shall immediately refer the case to the City Health Officer,
who shall issue the necessary directions/instructions to prevent the spread of
the disease or to require the transfer of the patient to a hospital. (best practice;
reference Alaminos tourism Code; Sanitation)

Section 122. Death in a tourism establishment – The manager/operator


shall immediately report to the nearest police station the death of any person
or one dying in a certain tourism establishment. A copy of the report shall also
be submitted to the City/Municipal Tourism Council. (Civil law; reference
Alaminos tourism Code)

XII. Periodic inspection of tourism establishment and its immediate


premises (DOT guidelines; best practice)
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Section 123. Creation of a composite inspection team – The Composite


Inspection Team is to be headed by a team leader designated by the Office of
the Mayor. The other
members of the team shall be composed of a representative from each of the
following offices or departments:

a. The Business Permits and Licensing Office;


b. The Office of the City Engineer;
c. The Health Department;
d. The City/Municipal Police;
e. The Office of the City/Municipal Treasurer;
f. The Committee on Tourism;
g. The City/Municipal Tourism Council;
h. The Department of Tourism;

i. The Department of Trade and Industry; and


j. The Department of Labor and Employment.

Section 124. Function of the Composite Inspection Team – For all


establishments already in corporation, the Composite Inspection Teams shall
have exclusive authority to conduct inspection for purposes of classification.
For new establishments, the normal process of requiring the clearances and
recommendations of the different technical departments is required.

Section 125. Frequency and time of regular inspection – Inspection shall


be made once every six (6) months during office hours. All inspection shall be
covered by mission orders stating therein the scope of authority and such
other matters necessary for the purpose.

Section 126. Access of the inspection team to records and premises – The
inspection team shall have access to the registry book or card of the tourism
establishment and all part and facilities thereof, and the right to interview any
employee and investigate any fact, condition, or matter which may be
necessary to determine any violation or aid in arriving at a just and correct
conclusion.

Section 127. Defects and deficiencies found during inspection – Where


certain defects or deficiencies have been found in the course of inspection, the
Office of the Mayor shall give directions to the manager/operator of the
tourism establishment concerned to rectify/remedy the defects or deficiencies
within a period of one (1) week from notice thereof.

Section 128. Extension of the period to remedy – The Office of the Mayor
may, for good cause extend the period within which to remedy the defects or
deficiencies noted, but in no case shall the period of extension granted exceed
two (2) months.
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Section 129. Penalty for failure to remedy the defect – If the management
of any tourism-related establishment fails to remedy the defects or deficiencies
noted, the Office of Mayor shall impose the following:

a. Resort – Fine P50.00 for every day of delay in complying with directions,
but in no case shall the fine shall exceed the sum of Php 5,000;
b. Hotel – Fine of P75.00 for every day of delay but not exceeding Php
1,500;
c. Apartel/Tourist Inn – Fine of P50.00 for every day of delay but not
exceeding Php 1,000; and
d. Others – Fine of P50.00 for every day of delay but not exceeding Php
1,000.

Provided, that where the maximum time imposable under this section has
been reached and the tourism establishment concerned has continuously
granted to certify the defects completed the deficiencies noted, the
City/Municipal Tourism Council may revoke or suspend the certification and
Registration and the BPLO may confiscate and suspend the license for such
period as may be justified under the circumstances.

Section 130. Special inspection – When public interest so requires, the


recommendation of the City/Municipal Tourism Council may serve as basis for
an authorization for the Composite Inspection Teams or any member or
members thereof, to conduct a special inspection.

Section 131. Report of the Composite Inspection Team – Within five (5)
days from the date of inspection, the team leader shall submit a report of its
findings and/or recommendations to the Office of the Mayor.

PART FOUR: PENAL PROVISIONS (reference other tourism Codes)

Section 132. Penalties – Violations to any provisions of this Code without any
specific penalty provided in this code shall be punished of not less than One
Thousand Pesos (P1, 000.00) but not more than Two Thousand Five Hundred
Pesos (2,500.00) or imprisonment of one (1) month or both at the discretion of
the Court.

Section 133. Administrative Sanction – Should an administrative


investigation be made prior to the filing of the complaint in court, and in such
administrative proceeding the offender admits breach or is found to have
breached any of the provisions of this Code, the monetary penalty that maybe
imposed by the court had the case be filed and there was a guilty verdict, shall
be collected. The filing of the administrative complaint shall not preclude the
filing of the complaint in court.

Should the party in the administrative proceeding opt to a compromise, such


compromise is tantamount to waiver on the part of the LGU to file a complaint
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in court. Moreover, the additional sanctions pertaining to rehabilitation,


restoration, and/or forfeiture shall likewise be imposed.

Violations shall be meted with the following administrative penalties:

First Offense: P 1,000 and community service of 8 hours;


Second Offense: P 1,500 and community service of 16 hours;
Third Offense: P 2,500 and community service of 24 hours.

Should the offender be a business establishment, its operations shall be


suspended for one (1) month for the first violation; six (6) months for the
second violation. Revocation of the permit/closure of the establishment shall
be imposed for the third violation.

PART FIVE: MISCELLANEOUS PROVISIONS

Section 134. Incentives for registration of tourism oriented and tourism


related establishments – Tourism oriented and tourism related
establishments that are duly registered and licensed by the City/Municipal
Government shall be entitled to the following incentives: (reference Alaminos
tourism Code)

i. One-stop shop processing of registration and license, which should be


completed within a period of not exceeding fifteen (15) days.
j. Inspection of the Composite Inspection Team of the City/Municipal
Government to be made only once every six (6) months, except in several
cases as public
interest may require whenever authorized by the City/Municipal
Administration, upon recommendation of the City/Municipal Tourism
Council.
k. The tourism and enforcement group shall be formed in coordination with
the City/Municipal Tourism Council.

Section 135. Enlistment of aid, assistance and support of other


government agencies – In the implementation of the provisions of the
Ordinance, the City/Municipal Tourism Council may enlist the aid, assistance
and support of any and all government agencies, whether local or national. (RA
7160; based on other policies)

Section 136. Registration and license form – As the case may be, the
City/Municipal Tourism Council shall make available applications for
registration and/or license forms,
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which shall be accomplished by applicant and all other forms that may be
deemed necessary in the implementation of this Ordinance. (RA7160; DOT
guidelines)

Section 137. Implementing rules and regulations – The City/Municipal


Mayor, from time to time, may issue rules and regulations, as s/he may deem
fit and necessary for the effective implementation of this Ordinance.

Section 138. Provision of Funds – The funds necessary for the


implementation of this Ordinance shall be taken from the devolved funds for
tourism regulation, promotion and development. Succeeding funding
requirement shall be provided for in the Annual Budget of the City/Municipal
Government.

Section 139. Transitory Provisions – All existing structures built prior to the
implementation of this Ordinance and intended for tourism ventures but do
not comply with provisions of this Ordinance will be given consideration.
However, concerned enterprises will given from six (6) months to one (1) year to
repair, renovate, and remodel these structures to comply with the provisions of
this Ordinance.

Section 140. Repealing Clause – Any Ordinance, Executive Order, Local


Issuances and Rules and Regulations, or parts thereof, which are inconsistent
with this Ordinance are hereby repealed and/or modified accordingly.

Section 141. Separability Clause – The provisions of this Ordinance are


separable, and in any event that any or more of such provisions are declared
invalid, the validity of all the other provisions shall not be affected and shall
remain in full force and effect.

Section 142. Effectivity – This Ordinance shall take effect after compliance
with the posting and publication requirements pursuant to Section 50 of the
Local Government Code.

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