Module Title: LAWS REGULATING ACCOMMODATION ESTABLISHMENTS

Course Title: LEGAL ASPECTS IN TOURISM AND HOSPITALITY

Course Number: THC 8

Course Description: Philippine tourism industry has been a concern by may Filipinos. It
is a key source of foreign exchange heavily on the country’s balance
of payments and the purchasing power of peso. It is a main source of
employment to millions of Filipinos working in various hotels and
resorts, restaurants and bars, travel agencies, tour companies,
entertainment outlets, parks, museums, galleries, theaters, casinos, et
al and around the country and abroad (Cabulay & Carpio, 2011) just
like any dynamic industry, the forces of the market create various
business and personal experiences that cause challenging situations
to arise. This course will provide a serious look at the different laws
affecting the Philippine tourism industry.

Total Learning Time: 3 hours/week

Pre-requisites: NONE
 MODULE 8

LAWS REGULATING ACCOMMODATION ESTABLISHMENTS

Discussion:
Business entities engaged in the operation of the tourist accommodation establishments may be
organized as a single proprietorship, a partnership or a corporation.

1. Hotel - a building, edifice or premises or a completely independent part thereof, which is used
for the regular reception, accommodation or lodging of travelers and tourists and the provision
of services incidental thereto for a fee.
2. Resort - any place with pleasant environment and atmosphere conducive to comfort, healthful
relaxation and rest, offering food, sleeping accommodation and recreational facilities to the
public for a fee or remuneration.
3. Tourist Inn - a lodging establishment catering transients which does not meet the minimum
requirement of an economy hotel.
4. Apartel - any building or edifice containing several independent or furnished or semi-furnished
apartments, regularly leased to tourists and travelers for dwelling on a more or less long term
basis and offering basic services to its tenants similar to hotels. This type of accommodation is
sometimes called serviced apartments.
5. Pension House - a private or family operated tourist boarding houses, tourist guest house or
tourist lodging house employing non-professional domestic helpers regularly catering to
tourists and travelers, containing several independent lettable rooms, providing common
facilities such as toilets, bath rooms/showers, living/dining rooms and or kitchen and where a
combination of board and lodging may be provided.
6. Motorist Hotel or Motel - any structure with several separate units, primarily located along the
highway with the individual or common parking space at which motorists may obtain lodging
and in some instances, meals.

Hotel Classification:
1. De Luxe Class (previously known as 5-star category)
2. Standard (previously known as 4-star category)
3. Standard Class (previously known as 3-star category)
4. Economy Class (previously known as 2-star category)

Resort Classification:
1. Class AAA (Triple A)
2. Class AA (Double A)
3. Class A (Single A)
4. Special Interest Resort

Rules on the Operation and Management of Resorts:

1. Sanitation Measures shall be adopted in accordance with the standards prescribed under P.D.
856 Code on Sanitation of the Philippines.
2. All resorts shall provide the services of a sufficient number of well-trained life guards duly
accredited by either the Philippine National Red Cross, the Water Life Saving Association of the
Philippines or any recognized organization training or promoting safety objectives, and adequate
security whenever there are guests.
3. All resorts shall provide the services of a physician, either on-call or on full-time basis,
depending on their volume of operation and accessibility to hospital or medical centers. In
 addition, resorts shall employ adequate first aiders who have completed a course in first aid
certified by the National Red Cross or any accredited by the same. Adequate first aid medicines
and necessary life-saving equipment shall be provided within the premises.
4. There shall be placed on a beach or lakeside resort an adequate number of buoys which shall be
spread within the area to be determined by the resort owner or keeper as safe for swimming
purposes, and in compliance with existing government regulations and/or local ordinances on
the placing of such boys.
5. Precautionary Measures:
i. In no case shall the resort management allow swimming at the beach front beyond
10:00pm and appropriate notice shall be posted to inform the resort guests of this
regulation.
ii. Night swimming at the pool shall be allowed only if there are adequate lifeguards on
duty and when the pool premises are sufficiently lighted.
iii. Management shall post sufficient and visible signs in strategic areas in the resort or at the
beach to warn guests/customers of the presence of artificial or natural hazards, danger or
occurrences thereto.
6. Prohibited acts and practices
i. No pets or animals shall be allowed to bathe/swim along beaches. Likewise, pukot fishing
and washing of fish nets shall be strictly prohibited in beach resorts.
ii. Resort owners shall prohibit ambulant vendors from peddling their wares within the resort
premises in order to provide their guests a certain degress of privacy to enable them to
relax and enjoy their stay thereat.
iii. Littering in resort shall be strictly prohibited. Resort owners shall keep their premises
clean and shall adopt their own anti-littering measures.
iv. Without prejudice to existing ones, no resort shall be established or constructed within a
radius of five (5) kilometers from any pollution-causing factory or plant.

Accreditation of Accommodation Establishments by the Department of Tourism

Accreditation by the DOT, although not mandatory in nature, increases the marketability of an
accommodation establishment. Any person, partnership, corporation or other entity desiring to secure
an accreditation from the DOT shall accomplish in duplicate and file with the Department, the
application prescribed for such purpose.

Validity of Certificate of Accreditation

The Certificate of Accreditation shall be valid for a period of one (1) year from the date of issue,
unless sooner revoked by the Department.

Grounds for Cancellation of Accreditation

1. Making any false declaration or statement or making use of any such declaration or statement
or any document containing the same or committing fraud or any act of misinterpretation for
the purpose of obtaining the issuance of accreditation.
2. Failure to comply with or contravene any of the conditions set forth in the certificate of
accreditation.
3. Failure to meet the standards and requirements for the operation of the establishment.
4. Allowing or permitting the establishment of its facilities to be used for illegal, immoral or
illicit activities.
 5. Violation of or non-compliance with any of the provisions of the rules, promulgated orders,
decisions and circulars issued by the Department and other concerned agencies.

National Building Code of the Philippines

The National Building Code of the Philippines (P.D. 1906, February 19, 1977) was adopted in
view of the country’s accelerating economic and physical development coupled with urbanization and
population growth. The National Building Code of the Philippines (NBCP) contains up to date and
modern technical knowledge on building design, construction, use, occupancy and maintenance.

Section 104. General Building Requirements

1. All buildings or structures as well as accessory facilities thereto shall conform in all respects to
the principles of safe construction and must be suited to the purpose for which they are
designed.
2. Buildings or structure intended to be used for the manufacture and/or production of any kind of
article or product shall observe environmental safeguards.
3. Buildings or structures and all parts thereof as well as all facilities found therein shall be
maintained in safe, sanitary and good working condition.

Section 105. Site Requirements

The land or site upon which will be constructed any building or structure, or any ancillary or
auxiliary facility thereto, shall be sanitary, hygienic or safe. In the case of sites or buildings intended
for use as human habitation or abode, the same shall be at a safe distance as determined by competent
authorities, from streams or bodies of water and/or sources of air considered to be polluted; from a
volcano or volcanic site and/or any other building considered to be a potential source of fire explosion.

Laws, Rules and Regulations under National Building Code of the Philippines:

1. Code of Sanitation of the Philippines (P.D. 856). The law provides that no establishment shall
be operated and opened for public patronage without sanitary permit issued by the Secretary of
Health or his duly authorized representative. Under the said law, such establishments must
provide adequate water supply, toilet and bath facilities, shall be kept clean at all times and with
periodic insect and vermin control measures to eradicate vectors of diseases.

i. Additional standards are provided as follows: (1) animals, fowls and pets shall
be housed in appropriate kennels or cages separate from living quarters; (2)
employment from such establishments must first secure a health certificate from
local health authority; (3) Customers shall be provided with clean linen such as
bed sheets, pillow cases, towels and napkins at all times; (4) when rooms or
cabin are vacated, their toilets or baths shall be sanitized and clean and fresh
linen shall be provided before the room or cabin is rented for occupancy.

2. Ecological Solid Waste Management Act of 2000 (R.A. 9003). The law provides for the
minimum standards for solid waste management, as well as penalties for violation thereof.

3. Fire Code of the Philippines (P.D. 1185). The law requires owners, administrators or occupants
of buildings, structures and their premises of facilities and other responsible persons to comply
with the following, as may be appropriate:
 a. A fire safety shall be conducted as prerequisite to the grants of permits and or licenses
by local governments and other government agencies concerned, for the: (1) use or
occupancy of buildings, structures, facilities or their premises including the installation
of fire protection and fire safety equipment and electrical system in any building
structure or facility; (2) storage, handling and or use of explosive or of combustible,
flammable, toxic and other hazardous materials;
b. Fire safety measures shall be required for the manufacture, storage, handling and or use
of hazardous materials.
c. Owners, occupants or administrator of buildings, structures and their premises or
facilities shall incorporate and provide therein fire safety construction, protective and
warning system and fire safety programs.

4. Philippine Environmental Code (P.D. 1152). The law provides the minimum standards for air
quality management, water quality management, land use management, natural resources
management and conservation and waste management.

5. Environmental Impact System (P.D. 1586) and its Implementing Rules and Regulations (AO
2003-30) by the DENR. Under the law, no person, partnership or corporation shall undertake or
operate any such declared environmentally critical project or area without first securing an
Environmental Compliance Certificate issued by the President of the Philippines though the
DENR.

6. Rules and Regulations to Govern the Accreditation of Hotels, Tourist Inns, Apartels, Resorts,
Pension Houses and other Accommodation Establishments by the DOT. This involves the
minimum requirements for the operation, establishment and maintenance of accommodation
establishment in order to be accredited by the DOT. Accreditation by the DOT, although not
mandatory in nature, increases the marketability of a tourism establishment.

7. The Law to enhanced Mobility of Disabled persons (B.P. 344) and its implementing Rules and
Regulations. Under the law, no license or permit for the construction, repair, or renovation of
public and private buildings for public use shall be granted or issued unless the owner or
operator thereof shall install and incorporate in such building or establishment such as
architectural facilities or structural features as shall reasonably enhance the mobility of disabled
persons such as sidewalks, ramps, railing and the like. In case of the parking place of such
buildings or establishments, the owner or operator shall reserve sufficient and suitable space for
the use of disabled persons.

Registration of Guests and Occupants

The Civil Code of the Philippines gives provisions for necessary deposits made by the travelers
in hotels or inns. This implies the need for the registration of guest and or occupants in accommodation
establishments. Accordingly, keepers of hotels or inns shall be responsible for the deposits given by the
travelers or guests provided notice was given with respect to the effects brought by these guests and
that the keepers of hotels and inns have taken the necessary precautions prescribed regarding their
safekeeping.

The liability of hotelkeepers extends not only to the effects lost or damaged in the hotel rooms
but also those lost or damaged in hotel annexes such as garage. In this kind of deposit, the hotelkeeper
 cannot escape liability by posting notices to the effect that he is not liable for the articles brought by the
guest. Any stipulation limiting the liability of the hotelkeeper shall be void.

Waste Management

Under Presidential Decree No. 1152, also known as the Environment Code of the Philippines
(June 6, 1977), the dumping or disposal of solid wastes into sea and any body of water in the
Philippines, including shorelines and river banks, where these wastes are likely to be washed into the
water is prohibited, and might be a ground for the non-renewal of license to operate within the local
government unit concerned.

In this regard, the preparation and implementation of waste management programs shall be
required of all provinces, cities and municipalities. The DILG shall promulgate the guidelines for the
formulation and establishment of waste management programs.

Accordingly, every waste management program shall include the following:

1. An orderly system of operation consistent with the needs of the are concerned;
2. A provision that the operation will not create pollution;
3. A system for a safe and sanitary disposal of waste;
4. A provision that existing plans affecting the development, use and protection of air, water or
natural resources shall be considered;
5. Schedules and methods of implementing the development, construction and operation of the
plan together with the estimated costs.