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Republic of the Philippines

Department of Tourism

Developing a Tourism Code


A Toolkit for Local Government Units

Series of 2020

Developing a Tourism Code: A Toolkit for Local Government Units 3


4 Department of Tourism
Table of Contents

Acknowledgement 7

Abbreviations and Acronyms 8

Glossary of Technical Terms Used in the Manual 9

Introduction 10

Purpose of this toolkit 10

How to use this toolkit 10

I. What is a tourism code? 11

II. What are the benefits of codifying tourism ordinances? 12

III. What are the parts and contents of a tourism code? 13

IV. What are the steps in developing a tourism code? 18

4.1 Preparing to Codify 19

4.1.1 Form the Codification Team 19

4.1.2 Develop a Work Plan 21

4.2 Formulating the Code 22

4.2.1 STEP 1: Gather and organize 22

4.2.2 STEP 2: Inventory tourism-related ordinances and rules 23

4.2.3 STEP 3: Classify and group ordinances 25

4.2.4 STEP 4: Write the draft code 26

4.2.5 STEP 5: Review and Revise 26

4.2.6 STEP 6: Supplement 28

Developing a Tourism Code: A Toolkit for Local Government Units 5


Table of Contents

4.3. Enacting the Code 29

4.3.1 First Reading, Committee Meetings and Reporting 29

4.3.2 Second Reading 30

4.3.3 Third and Final Reading 30

4.3.4 LCE Approval 30

4.4 Post Enactment 30

4.4.1 Transmittal and Review of Higher Sanggunian 30

4.4.2 Publication of Approved Code 31

4.4.3 Effectivity 31

4.4.4 Popularization and Dissemination 31

V. What are the characteristics of a good tourism code? 31

References 32

Annex A: Templates and Forms 33

Template 1: Executive Order Creating the Tourism Codification Team 33

Form 1: Work Plan Form 34

Form 2: Inventory of Tourism-related Issuances and Ordinances 35

Form 3: Classification of Tourism Ordinances 35

Documentation (Pictures) 36

6 Department of Tourism
Acknowledgement

The Department of Tourism (DOT) would like to acknowledge the participation and invaluable
contribution of every representatives from the national government agencies, local government units,
private sector associations, academe, and other relevant organizations in the fruitful conduct of interviews,
focus group discussions, pilot testing activities and consultations.

The DOT would like to extend its sincerest gratitude and appreciation to the members of the DOT operating
units and its regional offices who are instrumental in developing and crafting this “Development of a
Tourism Code: A Toolkit for Local Government Units”, particularly the Office of the Tourism Development
Planning, Research and Information Management (OTDPRIM) through the Policy Formulation and
International Cooperation Division (PFICD).

Project Management Team


Head: Mr. Warner M. Andrada, OIC-Director, OTDPRIM
Co-Head: Mr. Alex M. Macatuno, Chief, PFICD

Project Officers:
Ms. Mylene D. Talana, PFICD
Mr. Kim Benedict B. Vito, PFICD

Contributors and Facilitators:


Ms. Jem Micaiah M. Turla, PFICD
Mr. Jaime Victor V. Bayhonan, PFICD
Ms. Rochelle Ann C. Eneria, PFICD
Ms. Alexandra B. Tobias, PFICD

Writers/Consultants
Ms. Julie Catherine D. Paran, M.D.
Mr. Roberto Cereno
Ms. Khristine Hope Pujanes

Developing a Tourism Code: A Toolkit for Local Government Units 7


Abbreviations and Acronyms

ASEAN Association of Southeast Asian Nations


BCE Before Common Era
BFP Bureau of Fire Protection
CDRRMC City Disaster Risk Reduction and Management Council
DOT Department of Tourism
DRR Disaster Risk Reduction
EO Executive Order
IP Indigenous People
LCE Local Chief Executive
LEIPO Local Economic and Investment Promotion Office
LGPMS Local Governance Performance Management System
LGU Local Government Unit
LO Legal Officer
LPDC Local Planning and Development Coordinator
MICE Meetings, Incentives, Conventions and Exhibitions
NGA National Government Agency
NGO Non-government Organization
OTDPRIM Office of the Tourism Development Planning, Research and
Information Management
PFICD Policy Formulation and International Cooperation Division
PHP Philippine Peso
PNP Philippine National Police
RA Republic Act
RIA Regulatory Impact Assessment
Ser Series
SP Sangguniang Panlalawigan/Panglunsod/Pambayan
TC Tourism Council
TO Tourism Officer
TODA Tricycle Operators and Drivers’ Association
TWG Technical Working Group
UNWTO World Tourism Organization

8 Department of Tourism
Definition of Terms

Code A collection of laws, rules or regulations that are systematically


arranged
Codification A joint effort of the executive and legislative branches of the
Local Government Unit in the systematic process of collecting,
inventorying and classifying legislation by subject of law of practice,
revising, supplementing and consolidating provisions to efficiently
and effectively inform the public through an enactment of its end
product – a code
Digest A compilation
General Ordinance An ordinance enacted by a Sanggunian in the exercise of its police
power whose primary purpose is the general welfare of the people
by prescribing regulatory measures
Obsolete Ordinance which have lost their efficacy
Ordinance A law or rule made by a local government unit such as a province,
city, municipality or barangay that prescribes rules of conduct
Penal Punishments and penalties given by the ordinance
Regulatory Assessment of the impacts of a regulation with proper
methodology, including cost-benefit analysis and stakeholder
consultation to ensure that the regulation is effective and efficient
in achieving policy objectives while minimizing negative effects on
stakeholders affected
Series Sequence
Supplementation The addition of an extra element
Systematic Orderly
Toolkit A set of tools designed to be used together or for a particular
purpose
Tourism Comprises the activities of persons traveling to and staying in places
outside their usual environment for not more than one consecutive
year for leisure, business and other purposes
Tourism Code A systematic collection of rules, regulations and ordinances on
tourism of a local government unit that are arranged in an orderly
manner
Veto Right to reject a decision or proposal made by the Sanggunian
Viewsheds Areas of particular scenic or historic value that are considered
worthy of preservation against development or other change
Vista A view from a high position

Developing a Tourism Code: A Toolkit for Local Government Units 9


Introduction

Purpose of this toolkit


This toolkit provides local government
units (LGU) with the simplest, fastest and least
expensive way to develop their tourism codes.
This toolkit has been prepared primarily as an
instructional and reference guide for LGUs in
preparing, drafting, adopting and updating the development and application of rules
a tourism code that is legally defensible and regulations; and 2) removal or revision
and easily understood by local government of unnecessary and excessive rules and
elected officials, employees and the general regulations (DOT, 2014).
public.
How to use this toolkit
The toolkit provides comprehensive
This toolkit is a basic guide – the local
instructions, timelines, templates and a set of
government unit (LGU) can modify the
tools that can help LGUs develop a tourism
process to suit their local circumstances and
code that is reflective of the needs and
requirements. To help the LGU, the following
circumstances of tourism in their localities and
are provided:
contribute to creating a business – friendly
1. A Glossary of Technical Terms Used in the
environment.
Toolkit which contains an alphabetized
In view of recent developments, this toolkit list of specialized terms with their
starts from the perspective of how the tourism definitions;
code can be made more business – and
2. Short discussions on key concepts to
stakeholder – friendly, where ordinances, rules
help users understand and appreciate
and regulations are transparent, consistent,
what they are doing and why they are
accurate and unnecessary and outdated rules
doing the code;
are removed. Presently, the emphasis is being
placed on business-friendly, citizen-centric, 3. Templates and tools for each of the steps
transparent and corruption-free governance. in the process. The LGU can opt to revise
Therefore, it has become prudent to introduce and refine them to suit their needs;
a toolkit that will help LGUs formulate and
amend tourism codes that are attuned to 4. Boxed examples and tips to help you
best practice and help review, streamline and understand the concepts being discussed;
revise existing regulations, tourism-related 5. Actual experiences are also included
processes and requirements. to show how different LGUs have done
The Department of Tourism (DOT) their local tourism codes; and
introduced the Regulatory Impact Assessment Links to websites that provide new
(RIA) to promote the development of developments and best practices on
regulations that follow best practice principles tourism (e.g. http://tourism4sdgs.org/).
that shape better regulations for people and
businesses. RIA results in the improvement Throughout this toolkit, we refer to
of the quality of new regulations to promote the word document. This refers to the
1) transparency, rigor, and consistency in tourism code that is being developed.

10 Department of Tourism
The Code of
Hammurabi

The Hammurabi code is a collection of


282 rules, which established standards
for commercial interactions and set
fines and punishments to meet the
requirements of justice.

I. What is a tourism code? for relevance, repetitious and unnecessary


provisions are removed, new provisions are
Codes existed as early as the 1700 BCE. added, and provisions restated to effectively
One of the earliest known codes was the Code and efficiently inform the public of acceptable
of Hammurabi, proclaimed by the Babylonian and unacceptable behavior. Once adopted by
King Hammurabi, who reigned from 1792 to the Sanggunian, the tourism code, will contain
1750 BCE. The Hammurabi code is a collection a complete list of all ordinances of the local
of 282 rules, which established standards government for proper enforcement.
for commercial interactions and set fines
and punishments to meet the requirements A tourism code is an ordinance that
of justice.1 Hammurabi recognized that, to exhaustively covers a complete system of
achieve results, he needed a unified set of laws laws on the subject. An ordinance regulates
for all of the diverse peoples he conquered. the way in which things are done or should
Therefore, he sent legal experts throughout be done by tourists and other tourism
his kingdom to gather existing laws. These stakeholders in order to attain their tourism
laws were reviewed, and some were changed goals and objectives and maintain order.5 A
or eliminated before they were compiled into tourism code can also be called consolidated
the final list of 282 laws.2 laws on tourism.

A tourism code has been defined as a A tourism code is an ordinance that


systematic collection of rules, regulations and contributes to the achievement of the tourism
ordinances of a local government unit (LGU) goals and objectives of the LGU. LGUs must
that are arranged in an orderly manner.3 focus their attention on sustainability and
These include executive orders, ordinances be mindful of the three key components
and standards on tourism. Tourism codes are of the sustainability: people, profit, and
more than a digest or compilation of rules planet. Tourism needs to benefit the host
and regulations into a compact form.4 communities of tourism attractions and help
create local jobs and empower businesses.
Rather, it covers a coherent system of rules Codes may address a wide variety of tourism
and regulations where ordinances are reviewed issues in the locality.

References: 3
Adapted from GTZ, 2009; USLegal, 1997-2016
1
History.com editors, 2018 4
Gahan, 1922
2
ushistory.org, 2019
5
Laws.Africa

Developing a Tourism Code: A Toolkit for Local Government Units 11


To wit: 1. Allows LGUs to keep up with the ever-
• Unbridled development in tourism changing trends. Situations change
attractions; through the years, making some ordinances
obsolete. Codification can shape better
• Host communities are not benefitting and more responsive ordinances. It can
from tourism; make the tourism ordinance up to date
• Limited jobs due to tourism activity; and relevant;

• Loss of biodiversity and degraded 2. Makes legislation more compact.


ecosystems; and Voluminous legislation can discourage
users and tourism codes can make
• Limited LGU tax revenue from tourism. life easier for everyone. Removal of
redundant provisions and revision of
For cities like Iloilo city, the tourism code unnecessary and excessive rules and
included ordinances and allied subjects regulations; Coherence and consistency is
for ease of access and dissemination of improved and duplication, conflicting and
information on tourist related matters. contradictory provisions are eliminated;

3. Improves accessibility to enforcers


II. What are the benefits of codifying and the public. Ordinances should be
easily accessible for the law enforcer,
tourism ordinances?
stakeholders and the general population.
Local governments accumulate ordinances Ordinances should be available to its users
and rules through the years. With so many when needed. Consolidating all related
regulations, both local governments and rules and regulations into one document
stakeholders can’t keep up. Many of these from various offices makes it convenient
ordinances become obsolete, unmodified for users;
and unsystematic. Others are duplicative and
4. Lessens confusion and misinterpretation.
conflicting with one another. Additionally,
Codification can make the ordinance’s
some are difficult to comply with. And
language simpler and easier for the
because these ordinances and rules are found
general public to understand and follow.
in different offices, they become inaccessible
to the public even with current computer
technologies. “If you have 10,000 regulations,
you destroy all respect for the
Tourism codes can promote good and law.”
transparent governance. The process of Winston Churchill
formulating the code has the potential
to improve the overall quality of the
tourism ordinance. Codification provides Codification provides an opportunity to
an opportunity for the LGU and other revise and improve the language of the
stakeholders to review, revise and supplement ordinance to make it understandable
existing ordinances and rules to make them and layman friendly. Ordinances that are
more relevant and responsive to stakeholders. difficult to understand may be hard for
If done properly, the code can provide people to follow. Makes interpretation
important benefits. There are various reasons more consistent;
why it is important to codify. A tourism code
can fulfill the following objectives:

12 Department of Tourism
5. Harmonizes local and national laws and activities in the (Province/City/
standards. Codification can help align Municipality), and for other purposes
laws and standards, and executive and
B. Enacting or Ordaining Clause
legislative initiatives in tourism; and
The ordaining or enacting clause indicates
6. Fosters meaningful and stronger
the authority or source of the ordinance.6 It
partnerships. Involvement of the private
contains an opening statement or explanatory
sector and non-government organizations
note containing the justification for the
in the formulation of the code improves
approval of the code. Some LGUs, such as
relationships.
the Municipality of San Felipe in Zambales,
and the Island Garden City of Samal, just
III. What are the parts and contents
include a short phrase to introduce the main
of a tourism code?
provisions of the code. Other LGUs, however,
The contents of tourism codes can vary provide a more elaborate foreword that
from LGU to LGU. The following are the basic presents the sources from which the code
parts of the document: draws its authority. These are introduced with
“Whereas.” The “Whereas” section, is finalized
1. Title; with an ordaining statement that can take the
2. Ordaining or enacting clause; following form:
3. General provisions;
4. Miscellaneous provisions; and Now therefore, be it ordained by the
5. Final provisions Sangguniang Bayan in session duly assembled
that: ….. or by any of the following forms:
These are discussed in more detail below:
1. Be it enacted by the Sangguniang
A. Title (Panlalawigan/Panglungsod/Bayan) of
The code, like any ordinance, should have the Province/City/Municipality that:
a title. The title contains a concise caption 2. Be it ordained by the Sangguniang
of the code with an assigned number. Titles (Panlalawigan/Panglungsod/Bayan) of
of tourism codes can differ – it can be short the Province/City/Municipality that:
or long depending on the preferred style of
the LGU. The following are some examples of C. General or Body of Provisions
titles that your LGU can adopt:
The body of provisions carry out the
1. An Ordinance Codifying the (Province/ code’s primary objective. It contains
City/Municipality) Tourism Code of (Year general or introductory provisions such
of Enactment) as the title, declaration of policy, scope,
objectives purpose, definitions, structural
2. An Ordinance Enacting the Tourism or administrative and reporting provisions.7
Code of (Province/City/Municipality) A simplified guide in crafting the body of
3. An Ordinance Adopting the (Province/ provisions is found in Box.
City/Municipality) Tourism Code of (Year The document can contain the following
of Enactment), for the development, provisions concerning overall tourism
promotion and regulation of tourism

6
Villaluz, 2004.
7
Ibid.

Developing a Tourism Code: A Toolkit for Local Government Units 13


Examples of Opening Statements
of an Enacting Clause

The City of Vigan Tourism Code includes the following:

“WHEREAS, to ensure efficient and effective operation and maintenance of all tourism-
oriented and tourism-related establishments, it is imperative to provide such rules and
regulations as may be necessary for their governance;”

While the Municipality of Baler, Aurora’s Tourism Code contains the following:

“WHEREAS, the tourism industry in Baler once fully harnessed and developed can greatly
enhance the economic activity of business establishments in the town, provide more jobs
for populace and increase the financial resources not only of the Municipal Government
of Baler.”

operations, activities, roles and commitments for licensing of accommodation


of regulators and stakeholders: establishments, travel and tours
agencies, tourist transport operators,
1. Tourism Governance and Institutional Meetings, Incentives, Conventions and
Arrangements Exhibitions (MICE) organizers, facility
This section defines the functions, roles or venue and, tour guides and other
and responsibilities of the Municipal tourism-related establishments.
Tourism Office, Sangguniang Bayan 4. Registration and Licensing Procedures
Committee on Tourism, Municipal
Tourism Council, tourism related This section enumerates registration
associations or civil society organizations and licensing procedures with the local
and other tourism stakeholders that government unit and other government
share some roles and responsibilities agencies particularly the DOT as to their
in the coordination, implementation, Progressive Accreditation System.
management of tourism operations in
5. Regulatory measures including
the locality.
violations, penalties and incentives
2. Tourism Product Development,
This section specifies requirements
Promotion and Awareness Advocacy
pertaining to mandatory registration of
This section provides guidelines on guests or tenants, submission of visitor
product research and development, arrival data and occupancy report,
market segmentation, marketing and compliance with zoning requirements,
promotions, setting up of tourism compliance with labor standards and
information and ‘pasalubong’ center, regulations, safety and health regulations.
and implementation of tourism-related
6. Code of Ethics for Tourists
events.
This section defines the rules and
3. Licensing Guidelines
regulations for tourists and penalties for
This section enumerates the guidelines violation.

14 Department of Tourism
7. Environmental protection, climate and 9. Gender and development and
disaster resilience vulnerable sectors

This section spells out climate change This section addresses gender and
adaptation plan of action of the LGU and development issues and the needs of
tourism related enterprises, disaster and vulnerable sectors.
risk preparedness, emergency rescue
10. Ease of doing business and good
operations.
regulatory practices
8. Tourist Safety and Security
This section itemizes steps to promote
This section provides for the organization ease of doing business and good
and training of tourism-oriented police. regulatory practices.

Guide in Crafting the Body of Provisions

The following can be used to guide the codification team in identifying what to
include in the body of provisions:
1. Tenets of Sustainable Tourism or the 5Es include visitor enjoyment, economic
benefit, stakeholder engagement, environmental protection, and conservation
education. Visitor’s enjoyment refers to the satisfaction of tourists on the overall
experience in the tourism destination, including the quality of services and
products, destination’s scenery, safety and security, and cleanliness, among others.
Economic benefit pertains to the economic returns of tourism enterprises, business
organizations, local community members, local government, and all other players.
Stakeholder engagement is the involvement of the different sectors in the locale as
they have shared benefits and responsibilities in tourism management and operations.
Environmental protection refers to strict implementation of regulations to preserve
biodiversity and ecological systems in order tom perpetuate nature and the natural
attractions. Lastly, conservation education includes the conduct of site interpretation,
information campaigns, advocacy and public awareness, and documentation and
dissemination of site studies and best practices to make tourists as advocates for
sustainable tourism.

2. Assessment of the factors in tourism development or the 5As include:


Attractions, Activities, Accommodation, Amenities, and Access. Attractions
pertain to the natural and cultural features of the place. These include the flora and
fauna species, natural and geological features, historical sites, festivals, and products
of the locale. Activities may include the visitors’ interests, undertakings, goings-on
(e.g. trekking, birding, snorkeling, rafting, etc.). including visitor decorum and ethics.
Accommodations include the hotels, resorts, inns, campsites, and other enterprises
that offer facilities and services to meet visitor needs. Amenities refer to services
offered to raise public awareness, understanding, and appreciation through tour
guides and information materials as well as services to make visitation safe and
comfortable. Lastly, access includes convenient forms of travel to and from the
destination, transportation and communication support.

Developing a Tourism Code: A Toolkit for Local Government Units 15


Example: Example of Penalty Clause

Miscellaneous Provision of San Carlos SECTION 96. CRIMINAL SANCTIONS


City’s Tourism Code
(a) Violation of a non-holder of
SECTION 18.05. Monitoring and
Authority
Evaluation System - The San Carlos City
Tourism Office, in coordination with the Any person who violates any of the
San Carlos City Tourism Council, shall provisions of this Ordinance shall,
establish a monitoring and evaluation upon conviction by a competent court,
system, in order to evaluate the suffer the penalty of imprisonment not
economic, social and environmental exceeding one (1) year or a fine of not
impact of the tourism activities. This less than Four Thousand Pesos (Php
should cover all elements that are 4,000.00) nor more than Five Thousand
crucial to sustainability of the tourism Pesos (Php 5,000.00), or both at the
resource, in compliance with the discretion of the court.
provisions of this Code. Monitoring and
evaluation indicators should include (b) Penalty imposed upon officers of
service quality and participation of local juridical persons
communities. If the offender of the provisions in
the next preceding paragraph hereof
is a corporation, partnership, firm
or association, the penalty provided
D. Miscellaneous provisions therefore shall be imposed upon the
officer or officers responsible for the
This section enumerates provisions for violation; and if such officer is an alien,
funding, monitoring and evaluation systems. he shall, in addition be subject to
deportation.
E. Final Provisions
Source: City of San Fernando, Pampanga
Penalty Clause Tourism Code, 2009
This section provides penalties for the
violation of the code. This can be titled as
Penal Provisions (i.e. San Fernando; San
Carlos) or Penalties.

Repealing Clause Effectivity Clause

Also known as the severability or This section specifies exactly when and
separability clause, this section declares that how the ordinance will be in effect.
if any part of the ordinance is found to be
unconstitutional, the rest of the ordinance will
not be affected.8

8
Ibid.

16 Department of Tourism
Tool: Sample Format of a Tourism Code

Republic of the Philippines


Province/City/Municipality of _______________
Office of the Sangguniang Panlalawigan/Panglungsod/Bayan

AN ORDINANCE ADOPTING THE (LGU NAME) TOURISM


CODE OF (YEAR), FOR THE DEVELOPMENT, PROMOTION
Title
AND REGULATION OF TOURISM ACTIVITIES IN THE (LGU
Name)

Be it enacted by the Sangguniang Panlalawigan/Panglungsod/


Enacting Clause
Bayan of the (LGU), in regular session assembled that:

Section 1. Coverage - This code shall govern and regulate all


tourism-related matters within the territorial jurisdiction of
Body the (LGU Name) and its political subdivisions.

Section 2. XXX

Section 20. Any violation of any provisions contained in this


Penalty Clause Code, shall be meted with the following fines and penalties,
in accordance with existing Revised Revenue Code.

Section 30. Repealing Clause - Any ordinance, Executive


Order, local issuances or Rules and Regulations, or parts
Repealing Clause
thereof, which are inconsistent with this Ordinance are hereby
repealed and/or modified accordingly.

Section 31. This Ordinance shall take effect 30 days after


satisfaction of the required publication of three consecutive
Effectivity Clause weeks in a newspaper of general circulation in the (LGU)
and the posting of the same in the barangays and other
conspicuous places in the (LGU).

Developing a Tourism Code: A Toolkit for Local Government Units 17


ENACTED: (Date)

I hereby certify to the correctness of the foregoing


ordinance which was duly enacted by the Sangguniang
Panlalawigan/Panlungsod/Bayan during its regular
session held on (Date).

___________________________
Secretary to the Sangguniang
Panlalawigan/Panlungsod/Bayan

Attested:

__________________
Presiding Officer
APPROVED ON ________(Date)________
 

__________________________________
Governor/Mayor

Adapted from Villaluz, 2004, Local Legislator’s Toolkit.

IV. What are the steps in developing


a tourism code?9
There is no one way to develop a Stakeholder participation is a highly desirable
tourism code. The process of developing process in policy making.
codes is changing in response to the
Tourism codification involves a four-step
recent developments and the challenges
process: preparing to codify, formulating the
of a constantly changing environment.
code, enacting the code, and post enactment
The following process of codification is
(see Figure 1 ). These are discussed in detail in
recommended to assist the LGUs to come up
the following sections.
with a code in a highly participatory manner.
Figure 1: Steps in Preparing a Tourism Code

Prepare to Formulate Enacting Post


Codify the Code the Code Enactment

9
Note: Adapted from “Codification of Ordinances” by E. Gapuz, 2013. PowerPoint Presentation. Retrieved
from https://www.slideshare.net/edzmhar0186/codification.

18 Department of Tourism
Prepare to
codify

Prepare to • Gather Prepare to


codify codify
• Inventory
• Classify Prepare to
• Form the • Review of
codify
team • Write higher LGU
consultation
• Develop • Review
Work Pan • First reading/ • Publication of
• Supplement Consultations approve code
• Second • Effectivity
reading
• Popularization/
• Third and final Dissemination
reading
• LCE Approval

4.1 Preparing to Codify 4.1.1 Form the Codification Team

One cannot be successful in building a Tourism has many facets and is a multi-
house without construction workers and sectoral undertaking. It should follow
a set of blueprints. Similarly, one cannot that formulating a tourism code should
successfully formulate a code without having be a collaboration of private and public
a team and a work plan. Local government organizations at various levels. Stakeholder
personnel perform multiple duties and tasks engagement is important in developing a
simultaneously, and without a plan to guide document that is socially acceptable and
them, they may not be able to prioritize the legitimate. The LGU should lead the process,
formulation of the code, which can result in with the executive and the legislative
delays or non-completion of the document. branches working together, and promoting
Before even starting to codify, the LGU needs local participation in the various phases of the
to prepare by: process.

• Forming a codification team (i.e.


Codification Committee and/or Technical
Working) Group

• Work Planning

Developing a Tourism Code: A Toolkit for Local Government Units 19


In order create impetus for the team and • Private Sector (i.e. Chamber of Commerce;
ensure that the outputs are done within Hotel and Restaurant Association)
schedule, the LCE can issue an Executive Order
• Other members depending on the
creating the codification team (see Annex B
characteristic of the LGU (e.g. IP
for Template on Executive Order Creating the
representative; fisherfolk)
Tourism Codification Team).

The LGU should identify partners that can be


helpful in formulating the code. The following The Legal Officer has an important role in
are the recommended members of the the formulation of the tourism code. The
tourism code codification team: LO can prepare the draft tourism code, as
prescribed in Section 481b3ii of the LGC.
• Local Chief Executive (LCE)

• Vice-LCE

• Legal team can comprise the Legal Officer Examples: Composition of Tourism
(LO) and staff. Legal support can also be Codification Team
requested from the next higher LGU or The tourism codification team’s
from the private sector; The LO, can draft composition may vary depending on
the initial manuscript. If a draft document the nature of tourism of the LGU.
has been prepared by another person or
office, the LO can review the draft and For the Municipality of Moalboal, Cebu
provide comments and recommendations the members included:
to improve the draft.
1) LCE
• Sanggunian 2) All SB members
3) SB Secretary
»» Secretary 4) Tourism Council
»» Chair of the Committee on Tourism 5) Department heads
»» Chair of the Committee on Environ 6) President of the Moalboal
ment/Climate Change Business Tourism Organization
»» Chair of the Committee on Agriculture 7) Tourism Officer
»» Chair on the Committee on 8) Civil Society Organization
Indigenous People (IP) Representative
• Tourism Officer For the Island Garden City of Samal,
• Tourism Council representative the Tourism Codification Team
included:
• Department heads
1) Sangguniang Panglungsod
»» Local planning and development 2) SP Secretary,
coordinator (LPDC) 3) IP Representative
4) Liga ng mga Barangay
• National Government Agencies (NGAs)
representative
and their regional offices
5) Tourism Office
»» Department of Tourism 6) Legal Office
»» Department of Agriculture (DA)

• Academic institutions that have tourism-


related courses

20 Department of Tourism
Other members can be added depending on the characteristics and thrust of the LGU. For
instance, if the LGU has unique cultural heritage with the presence of indigenous people, an IP
representative can be included in the codification team. Similarly, if farm tourism has a strong
potential in the locality, the DA can be included as part of the team.

4.1.2 Develop a Work Plan

Before plunging deeply into work, it is advisable to develop a work plan to agree on the
activities, outputs, responsibilities, resource requirements and the timetable to move work forward
and get results. The duration for developing the tourism code can vary, but it is recommended
that you finish the work from six months to a year. A sample work plan is shown below. A Work
Plan Worksheet is found in Annex 1.

Example of Filled Out Form 1: Work Plan

Activities Expected Persons Resource Timeframe/


Output Responsible Requirements Duration

Gather tourism Compilation of Tourism officer Jul. 1- 31


related tourism-related Sanggunian
ordinances and executive orders, Secretary
executive orders, resolutions and
and national laws ordinances

Prepare Filled out Tourism officer Meeting Room Aug. 1-15


inventory Form 1 Sanggunian Meals
Secretary

Classify Filled out Tourism officer Meeting room Aug. 16-30


Form 2 Sanggunian Snacks
Secretary
Tourism Council

Write Draft Tourism Tourism Officer Sep. 1 – Oct. 30


Code Tourism Council
Sanggunian
Secretary

Revise Revised Tourism Tourism Officer Meeting Room Nov. 1-30


Code Legal Officer Meals
Sanggunian LCD projector
Secretary
Committee on
Tourism Chair

Developing a Tourism Code: A Toolkit for Local Government Units 21


Supplement Revised Tourism Tourism Officer Meeting Room Dec. 1-15
with additional Local Chief Meals
provisions Executive LCD projector
Sangguniang
Panlalawigan/
Panglunsod/
Pambayan

4.2 Formulating the Code ordinances, rules (i.e. executive order creating
the tourism council) and regulations, by
After the codification team has been subject matter into a code. This involves
appointed and a workplan has been prepared, revising and adding provisions to efficiently
the LGU can now enter the second phase in and effectively inform the public. There
the codification process: the formulation of is no one way to develop the document.
the code. The following are the sub-steps that can be
Developing a tourism code involves undertaken to formulate the code
collecting, recording, classifying, organizing, (see Figure 2):
supplementing and consolidating tourism

Figure 2: Steps in Formulating a Tourism Code

Gather Inventory Classify Write Revise Supplement

4.2.1 STEP 1: Gather and organize

Gather and organize all existing tourism A tourism code is not a static document
– related ordinances and rules of your LGU. – it can be amended, as needed. For
Your sources can include the following offices: example, the Tourism Code of Iloilo
• Sanggunian Secretary City, which was enacted in 2013, was
• Local Chief Executive amended in 2015. Amendments can
• Sangguniang Panlalawigan include, inter alia, the following:

After the ordinances and rules are a) adding articles;


gathered, these should be arranged by their b) inserting new sections;
year of enactment, from newest to oldest. c) putting in additional wordings; and
d) inserting paragraphs.

22 Department of Tourism
In addition, the LGUs should also look tourism businesses in your localities. The
at existing national laws and international LGU can also gather examples of tourism
guidelines that have a bearing on tourism in codes and ordinances from other LGUs that
the LGU. These include, among others, the can serve as benchmarks in developing their
following: codes.

• Republic Act (RA) 9593 (Tourism Act 4.2.2 STEP 2: Inventory tourism-related
of 2009) http://www.tourism.gov.ph/ ordinances and rules
Downloadable%20Files/RA%209593.pdf
• RA 10066 (National Cultural Heritage Act From the ordinances gathered, prepare an
of 2009) https://www.wipo.int/edocs/ inventory of tourism-related ordinances and
lexdocs/laws/en/ph/ph141en.pdf rules by arranging them chronologically from
• RA 10816 (Farm Tourism Act of the most current to the oldest. Although there
2016) http://www.tourism.gov.ph/ are no hard and fast rules on what to include,
Downloadable%20Files/RA%209593.pdf the inventory can cover ordinances and rules
• RA 11292 (The Seal of Good Local enacted in the last 25 years (GTZ, 2009). An
Governance Act of 2019) https:// ordinance remains effective and enforceable
w w w. of f i c i a l g a z e t t e . g o v. p h / as long as it is not obsolete, amended or
downloads/2019/04apr/20190412-RA- repealed. The inventory should distinguish
11292-RRD.pdf what ordinances are:
• Association of Southeast Asian Nations a) missing
(ASEAN) Standards10 https://asean.org/ b) amended
wp-content/up-loads/2012/05/19037_ c) repealed
ATF2018_Directory_610118.pdf d) Obsolete

It is also worth looking at the ASEAN The following example shows an


Tourism Standards11 to improve the overall inventory of tourism-related issuances and
quality of tourism products and services and ordinances. The template for step 2 can be
promote responsible management among found in Annex B.

Example of Filled Out Form 2: Inventory of Tourism-related Issuances and Ordinances

Ordinance Date of Source Subject Status*


number Enactment/
Series

Ord. No. 004 May 26, 2019, Sanggunian Cultural Amendment to


Series of 2019 Secretary Heritage Sites Ordinance 035,
Series 2001

E.O. No. 014 Mar. 20, 2018, Office of the Rules and Original
Series of 2018 LCE Regulations
Governing
Tourism
Establishments

10
ASEAN has created seven tourism standards: Green Hotel Standard; Spa Services Standard; Clean
Tourist City Standard; Community Based Tourism Standard; Homestay Standard; Public Toilet Standard;
and MICE Venue Standard.

Developing a Tourism Code: A Toolkit for Local Government Units 23


Ord. No. 009 2015 LEIPO Cultural Amendment to
Heritage Sites Ordinance 035,
Series 2001

Ord. No. 002 Apr. 20, 2012, ENRO Environmental Original


Series of 2012 Code

Res. No. 026 2010 Tourism Office Arts and Culture Original

E.O. No. 007 Feb. 25, 2010, Office of the Tourism Council Original
Series of 2010 LCE

Ord. No. 001 2009 LPDO Zoning Original


Ordinance

Ord. No. 004 May 26, 2019, Sanggunian Cultural Amendment to


Series of 2019 Secretary Heritage Sites Ordinance 017,
Series 2001

E.O. No. 014 Mar. 20, 2018, Office of the Rules and Original
Series of 2018 LCE Regulations
Governing
Tourism
Establishments

Ord. No. 009 2015 LEIPO Investment and Amendment to


Incentive Code Ordinance 017,
Series 2005

Ord. No. 002 Apr. 20, 2012, ENRO Environmental Original


Series of 2012 Code

Res. No. 026 2010 Tourism Office Arts and Culture Original

E.O. No. 007 Feb. 25, 2010, Office of the Tourism Council Original
Series of 2010 LCE

Ord. No. 001 2009 LPDO Zoning Original


Ordinance

*Specify if original; amendment (specify ordinance number and series that has been
amended); repeals what ordinance

24 Department of Tourism
4.2.3 STEP 3: Classify and group ordinances

Classify tourism ordinances by topic or Establish the possible groupings that can
subject matter, grouping similar ordinances be used by the codifier after having completed
together. Group ordinances under the same the inventory of ordinances. An example of a
or similar subjects together for eventual chronological classification is shown in below.
assignment to specific chapters of the code. The template for step 3 is found in Annex B.

Example of Filled Out Form 3: Classification of Tourism Ordinances

Ordinance Date of Subject Classification Remarks


number Enactment/
Series

Ord. No. 023 Jan. 30, 2019 Registration and Development


Accreditation control
Guidelines

Res. No. 014 Nov. 13, 2018, Medical Tourism


Series of 2018 Facilities in Governance
Tourism Areas

E.O. No. 014 Mar. 20, 2018, Rules and Tourism


Series of 2018 Regulations Governance
Governing
Tourism
Establishments

Ord. No. 021 Dec. 05, 2017, Height of Development


Series 2017 Buildings in control
Beach Areas

Ord. No. 010 Series 2017 Regulate the Environment Repeals Ord.
use of plastics 064, Series of
and plastic by- 2016
products

Ord. No. 064 Jan. 27, 2016, Tourism Council Tourism


Series of 2016 Governance

Ord. No. 064 2016 Plastic Environment Repealed


Regulation
Ordinance

Ord. No. 26 October Transportation Development Amendment to


Series of 2015 Code control Ord 15, S 2014

Res. No. 011 Series of 2013 Local heritage Cultural


and historical Heritage
structures

Developing a Tourism Code: A Toolkit for Local Government Units 25


Res. No. 011 Series of 2013 Heritage Cultural
Mapping Heritage

Ord. No. 037 2012 Incentive Code Tourism


Governance

Ord. No. 033 Jul. 31, 2012, Solid Waste Environment


Series of 2012 Management in
host barangays
of tourism
attractions

Res. No. 033 Jul. 31, 2012, Incentives for Environment


Series of 2012 Environmentally
Compliant
Tourism-Related
Enterprises

Ord. No. Feb. 10, 2012, Prescribing Tourism Obsolete


Series of 2012 Fees for Tourist Governance
Guides

Ord. No. 26 October 2007 Transportation Development Amendment to


Code control Ord 15

4.2.4 STEP 4: Write the draft code 4.2.5 STEP 5: Review and Revise12

There are two sub-steps to do here: Ordinances affect us all. Yet, many
ordinances are intimidating and difficult
• Prepare the outline: It is important to to understand. Ordinances should not be
have a coherent document, so that necessarily complex. Tourism rules and
the stakeholders will be able to easily ordinances have been developed by the LGU
follow. Chapters and sections11 should be over several years. With this, a great deal of the
presented in logical order. Using Form language used is antiquated and sometimes
2 as your guide, prepare the outline of quite difficult for the laymen to understand.
the draft code using the classifications Local chief executives and law enforcers
identified in step 3. can have difficulty in enforcing ordinances
• Populate with the relevant provisions to with lack of coherence and consistency, and
form a coherent document. Rename the access to ordinances. Through the years,
headings as you see fit. For instance, the the accumulation of ordinances and rules
classification shown in Form 2 above on could lead to duplication, redundancies and
development control can be renamed as inconsistencies that can result in difficulties in
Physical Development Guidelines.
11
Other LGUs use the term article in place of section.
12
Adapted from Gapuz, E., 2013; GTZ, 2009

26 Department of Tourism
enforcement and compliance. At times, laws misleading, while simple and clear
and rules become outdated and unsuitable for language are less susceptible to different
the times. Laws can also be extremely complex interpretations
and difficult to follow. The codification team
• gender-neutral/non-sexist (e.g. use of
should meet to review and revise14 provisions
chairperson instead of chairman; police
of ordinances in the draft code and check if
officer in place of policeman; worker in
they are:
place of manpower)
• responsive to the present needs and issues.
Weed out obsolete or inactive provisions Benchmarking
in the existing ordinance
The team should not be carried away in
• consistent with other provisions and laws revising the document, keeping in mind that
not in conflict with existing national laws the codal provisions should be implementable.
or local ordinances It is a good idea at this point to benchmark
with other LGUs.
• easily understood; poorly worded and
unclear ordinances are ineffective and

Tips in Revising Ordinances Example: Language Improvement


1. Universal symbols are used in the Article A
revision of provisions Height of Buildings to Beach Areas
2. Brackets ( ) or [ ] is used to indicate
SECTION 9. Height of Buildings in
deletion or omission.
Beach Areas – Building construction for
3. Additions or insertions are indicated beach resorts and those located along
by CAPITALIZING all the WORDS or the beach areas, either for residential
PHRASES ADDED or INSERTED. or commercial purposes, shall not go
Each provision is numbered higher than the height of a full-grown
consecutively at the left margin for coconut tree.
easy reference.

The language of the section can be improved to make the document simpler, direct and
less susceptible to different interpretations. Coconut trees can grow from 6 meters to 30
meters depending on their variety. The recommended changes are as follows:

Article A
Height of Buildings (to) ALONG Beach Areas

SECTION 9. Height of Buildings (in) ALONG Beach Areas – Buildings and structures
constructed (ion) (for beach resorts and those located) along the beach areas, (either for
residential or commercial purposes), shall not go higher than (the height of a full-grown
coconut tree) 30 meters.

Note: This content is adapted from Tourism Code: San Carlos City, Ordinance No. 18-03,
Series of 2018, and is provided for illustrative purposes only.

Developing a Tourism Code: A Toolkit for Local Government Units 27


4.2.6 STEP 6: Supplement13 B. Add chapters or provisions that deal
with new development concerns such as
Supplementation is a very important climate change or disaster risk reduction
step in the codification process, because (see Box)
it looks at the inadequacies and gaps of
present ordinances. Add, amend, and modify C. Amend sections to make it consistent with
provisions of existing ordinances by looking national laws and standards.
at the following:
Careful attention should be given to
• Gaps of existing ordinances
identify what the problem is and what
• LGU’s goals and vision (or tourism vision if
ordinances or provisions to include to respond
your LGU has one)
to the problem. The following questions can
• New developments and good practice
be asked in identifying new provisions:
such as business friendly LGUs; climate
»» Is there legislation that protect your
change; disaster risk reduction (DRR);
tourism assets?
Green Hotel; Sustainable Development
»» Is there legislation that protect the
Goals (SDGs)14
environment?
• National laws and standards
»» Is there legislation that advance the
• International tourism standards and plans
welfare of host communities?
• Possible enforcement problems
»» Is there legislation that improve business
The following sub steps can be undertaken competitiveness?
during step 6: »» Is there legislation that protect
A. Add new chapters if existing provisions
are inadequate to attain tourism goals of
the LGU (see example in Box below)

In supplementing: Example:
Adding a New Chapter on Disaster Risk
A new chapter may be placed where Reduction
it belongs appropriately. A new
section may be added or inserted in Chapter 5:
the proper Chapter (Tourism Code of Disaster Risk Reduction Management
San Carlos, 2018) to supplement the Compliance
ordinance to attain a goal.

Section 204.
Lifesaving Equipment Facilities. – Every resort and other tourism-related establishment
must be equipped with lifesaving and rescue equipment facilities in cases of natural and
human induced disasters.

Section 205.
Trained Personnel. – Every resort must have their employees undergo periodic disaster
preparedness and response trainings duly accredited by the City Disaster Risk Reduction
and Management Council (CDRRMC).

Source: Tourism Code of the Island Garden City of Samal

13
GTZ, 2009
14
The World Tourism Organization has launched a platform to make tourism a driver for realizing the SDGs
at http://tourism4sdgs.org/.

28 Department of Tourism
Example: Adding a new chapter

Additional provisions or chapters can be added, if existing provisions are inadequate to


reach the goals set in the tourism or LGU plans. Supplemental provisions should contribute
to turning vision and goals into reality.

In identifying additional provisions, you must be mindful of the strengths, weaknesses,


opportunities and threats (SWOT) or issues and concerns of tourism in your LGU. For
instance, if an LGU has beautiful view corridors as a strength, there should be provisions to
protect these view corridors from being destroyed. Similarly, if an LGU’s heritage sites are
being destroyed and damaged, then the LGU has to identify possible strategies on how to
protect these sites from damage.

Tourism Goals/ Required Action in


Issue/Problem Gap
Objectives Tourism Code
View corridors View corridors and There is no LGU Include chapter on
and vistas are vistas are being ordinance on the the protection of
protected for destroyed by unbridled protection of view view corridors and
public enjoyment development corridors and vistas vistas

Cultural and Heritage sites and There is no Include a chapter


heritage sites and structures are being ordinance on the on the protection
structures are damaged and protection of cultural and preservation
protected destroyed and heritage sites of cultural and
heritage sites

4.3. Enacting the Code

4.3.1 First Reading, Committee Meetings


and Reporting Good Practice: Consulting Stakeholders
The draft tourism code is filed by a council The Municipality of San Felipe,
member or members with the Secretary. Zambales intended to make prescribed
During the First Reading, the secretary of fees, fines and taxes acceptable to
the Sanggunian reads the title and assigned stakeholders. To achieve this, the LGU
number of the proposed code and the name held meetings and consultations with
of its author or authors or name of the council various groups including to determine
member introducing them. An explanatory what rates are acceptable to those
speech by the principal author may be allowed. affected:
The proposed code shall be referred by the
• Barangay officials • Tricycle Operators
presiding officer to the Tourism Committee for
• Resort owners and Drivers
study, comment and recommendation. Public
• Affected NGOs Association (TODA)
hearings and consultations shall be conducted
• Women • Philippine National
to solicit inputs from various tourism
• Senior citizens Police (PNP)
stakeholders. Afterwards, the Committee shall
• IPs • Bureau of Fire
report and recommend the proposed Code
• Market vendors Protection (BFP)
for plenary deliberations with or without
• Farmers and Fisherfolk
amendments. The proposed code shall then
be calendared for second reading.

Developing a Tourism Code: A Toolkit for Local Government Units 29


4.3.2 Second Reading presiding officer and entered in the record by
the secretary. Once approved, the enacted
During the second reading the author or code shall be transmitted to the LCE for
sponsor of the proposed measure delivers his approval.
sponsorship speech and makes the necessary
motion. 4.3.4 LCE Approval

After the motion has been duly seconded The enacted code, like any ordinance, has
the presiding officer shall restate the motion to be presented to the LCE for approval. The
and open the period for debate or discussion. LCE may take the following courses of action:
Motion to close the debate require 2/3 vote
A. The LCE approves and signs the code as
of the members present provided that there
transmitted. The LCE shall sign on each
is a quorum.
and every page of the code;
Committee deliberations can be attended
B. The LCE does not act on the Code. However,
by members of government agencies and
a 10-day period without the action of the
non-government organizations (NGOs).15
LCE shall automatically mean the approval
Once the period of discussion or debate of the Code
has closed, the presiding officer announces
C. The LCE vetoes the Code if he finds the
the period for amendments. After the
Code “ultra vires” or beyond the power
period for amendments has been closed the
of its office or the Code is prejudicial to
Sanggunian shall take final action on the
the public welfare. The veto must be done
proposed measure.
in writing, specifying the grounds and
reasons for the veto. The Sanggunian may
Involving the Sanggunian early in the either override the veto by a 2/3 vote of
process of tourism code formulation can all members or accept the veto and revise
facilitate the enactment of ordinances. the Code or some of the provisions that
In the Province of Pampanga, the active are not acceptable to the LCE or shelve the
participation of the Sanggunian from Code entirely.
the start of the codification process 4.4 Post Enactment
expedited enactment of the code,
eliminating discussion and debate 4.4.1 Transmittal and Review of Higher
during the second reading. Sanggunian

The LCE-approved code shall be


transmitted to the higher-level Sangguniang
4.3.3 Third and Final Reading
Panlalawigan (provincial legislative body)
During the Third and Final Reading, for review and approval. The Sangguniang
the Secretary of the Sanggunian reads Panlalawigan shall approve the code within
the proposed code by its number, title 30 days or the code shall automatically “lapse
and the name of the sponsor or sponsors. into law” without the action of the higher-
Immediately thereafter, the presiding officer level council.
puts the proposed code to a vote. The result
of the vote is immediately announced by the

15
Villaluz, 2004.

30 Department of Tourism
4.4.2 Publication of Approved Code and profits for business, higher prices for
consumers, unintended consequence, and
Once the tourism code is approved, it greater administration costs for government”
needs to be posted in the bulletin board (RIA Manual).
located at the entrance of the city/municipal
hall or the provincial capitol and in at least two
other conspicuous places within the premises
of the LGU not later than five days after its Characteristics of a good tourism
approval. If the code has penal provisions, it code
needs to be posted for a minimum ofthree
consecutive weeks and published in a • Legally defensible or can
newspaper of general circulation within the withstand legal scrutiny
territorial jurisdiction of the LGU. • Readily accessible to enforcers
and the general public
4.4.3 Effectivity
• Uses language that is clear,
Unless specified, the approved tourism simple, direct, precise, and
code shall take effect after 10 days from date easily understood by local
of posting and/or publication. government officials, staff and
the general public, so as not
4.4.4 Popularization and Dissemination
to be susceptible to different
Once the code is approved, the LGU interpretations
should popularize and disseminate it to all • Easy to follow
stakeholders. The LGU should ensure that
• Gender-neutral/Non-sexist
the tourism code is widely disseminated. It is
recommended that the LGU allocate funds for • Implementable and enforceable
the reproduction of the approved tourism code • Provisions are consistent,
and provide copies of the ordinance to major and not duplicative of other
groups of stakeholders: the LCE, Sanggunian, provisions
barangays with tourist attractions, and local
• Formulated in a participative
Chambers of Commerce. To help the LGU
manner
save on printing costs, the LGU can post the
tourism code in its website. • Contributes to the achievement
of the Vision and goals of
V. What are the characteristics of a tourism in the LGU
good tourism code? • Consistent with national laws,
standards and plans
Codification of ordinances provides an
opportunity for the LGU to review and revise
existing ordinances and rules to improve the
quality of legislation. Regulations that are
“unnecessary or poorly designed can impose
significant costs on business, community, and
government because of inefficiencies caused
by time taken to understand, comply with,
and enforce these regulations. These may
have the perverse results of lower efficiency

Developing a Tourism Code: A Toolkit for Local Government Units 31


References:
Cambridge University Press (2019). Cambridge Dictionary online. Retrieved from https://
dictionary.cambridge.org/us/dictionary/english/ordinance/ on July 3, 2019

Chisholm, Hugh, ed. (1911). Code. Encyclopedia Britannica. 6 (11th ed.). Cambridge University
Press. (p 632–634).

European Parliament (2018). Gender-Neutral Language in the European Parliament. Retrieved


from https://www.europarl.europa.eu/cmsdata/151780/GNL_Guidelines_EN.pdf on September
27, 2019.

Gahan, F. (1922). The Codification of Law. Transactions of the Grotius Society, 8, 107-116. Retrieved
from http://www.jstor.org/stable/742715.

Gapuz, E. (2013). Codification of Ordinances [PowerPoint slides]. Retrieved from https://www.


slideshare.net/edzmhar0186/codification.

GTZ (2009). Simplified Manual on Codification: A Guidebook on Harmonization of Local Laws.


Makati: German Technical Cooperation (GTZ) Decentralization Program, (page).

History.com Editors (2018). Code of Hammurabi, 2018 ed, A&E Television Networks. Retrieved
from https://www.history.com/topics/ancient-history/hammurabi. Accessed June 27 on June 27,
2019

Laws.Africa (2015-2019). Introduction to the Terminology of Law. Retrieved from https://indigo.


readthedocs.io/en/latest/guide/law-intro.html on July 3, 2019

Law Drafting Manual in Albania (2006). No Title. Retrieved from https://www.legislationline.org

McKenna, B. (n.d.). Codified Law: Definition and History [Video file]. Retrieved from
https://study.com/academy/lesson/codified-law-definition-lesson.html#lesson on 28 May, 2019

Series. (n.d.) Burton’s Legal Thesaurus, 4E. (2007). Retrieved July 16 2019 from https://legal-
dictionary.thefreedictionary.com/series.

San Carlos City Negros Occidental (2018). Tourism Code: San Carlos City Negros Occidental.
Ordinance No. 18-03, Series of 2018.

State of Alaska Department of Commerce, Community and Economic Development (2014).


Codification of Ordinances. Retrieved from https://www.commerce.alaska.gov/web/dcra/
LocalGovernmentOnline/Ordinances/CodificationofOrdinances.aspx

Ushistory.org (2019). Hammurabi’s Code: An Eye for An Eye. Ancient Civilizations Online Textbook.
Retrieved from http://www.ushistory.org/civ/4c.asp on June 27, 2019.

USLegal (1997-2016). Code Law and Legal Definition. US Legal, Inc. Retrieved from https://
definitions.uslegal.com/c/code/.

32 Department of Tourism
Annex A: Templates and Forms

Template 1: Executive Order Creating the Tourism Codification Team

Republic of the Philippines


Office of the Governor/Mayor
Province/City/Municipality of ________

Executive Order No. ____


Creating the Tourism Codification Team

WHEREAS, local governments are mandated by the Local Government Code of 1991 otherwise known
as R.A. 7160 to develop and promote tourism and the general welfare in their respective jurisdictions;

WHEREAS, DILG Memorandum Circular (MC) No. 95-162 and DILG Memorandum Circular No. 2002-81
mandates all Local Chief Executives to organize a local tourism, culture and the arts councils;

WHEREAS, DILG Memorandum Circular 2019-44 included Tourism, Culture and the Arts as one of the
Assessment Criteria in the Seal of Good Local Governance;

WHEREAS, in its primordial concern to make the province/city/municipality a prime destination for both
local and foreign tourists, set of rules and regulations must be in place starting with the creation of the
tourism codification team.

NOW THEREFORE, I, (Name of Governor/Mayor) of the Province/City/Municipality of _______, by the


virtue of the power vested in me by law, do hereby order the creation of the Tourism Codification Team.

Section 1. Creation and Mandate. There is hereby created a Tourism Codification Team under the Office
of the Governor/Mayor in the Province/City/Municipality of ___________ which shall study, gather, and
compile the relevant laws, rules and regulations, as well as the executive orders, departmental issuances,
and other government mandates, involving the regulation of tourism in order to produce a Tourism
Code which shall be used as the basis in the promotion of tourism in the Province/City/Municipality of
___________.

Section 2. Composition. The Tourism Codification Team shall be composed of the following members:
1. Provincial/City/Municipal Tourism Office
2. Provincial/City/Municipal Legal Office
3. Sanggunian Panlalawigan/Panglungsod/Pambarangay
4. Sangguanian Secretary
5. Tourism Council
6. Department Heads
7. Academe
8. Civil Society
9. Indigenous Peoples

The Local Chief Executive (LCE)/Vice-LCE shall be the Ex-Officio Chairperson of the Team. The ________
shall be the executive secretary. The Team may establish other positions as they may deem necessary.

Developing a Tourism Code: A Toolkit for Local Government Units 33


Section 3. Functions.
1. Prepare a workplan for the preparation of the tourism code
2. Gather tourism related ordinances, executive orders, national laws and international commitments
on tourism
3. Prepare an inventory tourism-related ordinances and rules
4. Classify and group tourism-related ordinances
5. Review and revise ordinances and rules
6. Supplement considering the gaps of existing ordinances
7. Formulate the tourism code.

Section 4. Internal Rules and Regulations. The team shall formulate and adopt its own rules and regulations
in conducting their duties and responsibilities within thirty (30) days from the date it is convened for the
first time.

Section 5. Compensation. Every Member of the Team shall be entitled to a reasonable honorarium/per
diems, except as prohibited by the rules on double compensation.

Section 6. Completion. The Team shall endeavor to complete its work on or before the lapse of
___________ from the date it is convened. After the production of the Tourism Code, the team shall
wind up its affairs.

Section 7. Separability. If any provision of this Executive Order is declared invalid, the other provisions
not affected thereby shall remain valid and subsisting.

Section 8. Effectivity. This Executive Order takes effect immediately.

WITNESS MY HAND AND SEAL, this ______ in the Province/City/Municipality of _______________.

By:

(Signature)

(Name)

Governor/Mayor

Form 1: Work Plan Form

Expected Persons Resource Timeframe/


Activities
Output Responsible Requirements Duration

34 Department of Tourism
Form 2: Inventory of Tourism-related Issuances and Ordinances

Date of
Ordinance
Enactment/ Source Subject Status*
number
Series

*Specify if original; amendment (specify ordinance number and series that has been amended);
repeals what ordinance
Source: Adapted from Gapuz 2013

Form 3: Inventory of Tourism-related Issuances and Ordinances

Date of
Ordinance
Enactment/ Source Subject Status*
number
Series

Source: Adapted from Gapuz 2013

Developing a Tourism Code: A Toolkit for Local Government Units 35


Documentation

36 Department of Tourism
Documentation

Developing a Tourism Code: A Toolkit for Local Government Units 37

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