WEEK 13 • Other aspects of the carrier/shipper
Laws Regulating Tourist Transportation relationship are made a part of the contract
Business
What is transportation?
• Transport or transportation is the movement
of people and goods from one location to
another
• Transportation is the movement of products
from one mode in the distribution channel to
another.
What are the different modes of transportation?
• Land Transport – Rail and Road transport
• Water Transport – ship, boat
• Air Transport – plane, helicopter
• Intermodal Transportation – combination of 2
or more kinds of transport
What are the roles of Transportation in
Logistics?
• Transportation is the physical link connecting
the firm to its suppliers and customers.
• In a nodes and links scenario, transportation
is the link between fixed facilities (nodes).
• Transportation also adds value to the product
by providing time and place utility for the firm’s
goods.
Legal Classification of Carriers
1. Common Carrier
• For-hire carrier that serves the general public
at reasonable rates and without discrimination.
• Carrier is liable for damages to products
carried.
• Exceptions to liability include acts of God, acts
of the public enemy, acts of the shipper and
defects inherent in the goods.
• Backbone of the transportation industry.
2. Regulated Carrier
• Regulated carriers are found in motor and
water carriage.
• Regulations including entry controls,
reasonable rates, and nondiscrimination
provisions.
• Must provide safe and adequate service
3. Contract Carriers
• For-hire carrier that does not have to serve
the general public.
• May serve one or a few shippers exclusively.
• May offer specialized equipment.
between the two parties.
• Rates usually lower than common or
regulated carriers.
4. Private Carriers
• Private carriage is the firm’s own
transportation.
• Not for-hire and not subject to Federal
regulations.
• May not be the firm’s primary business but
can charge an intracompany fee for
transportation services.
• Almost exclusively motor, but some rail, air
and water also exist
• Firms gain ultimate control over shipments
and achieve maximum flexibility in moving
goods.
• Backhauls are usually empty or return
materials to the firm’s plants and/or
warehouses.
• Requires a large capital investment.
• Requires management time and expertise
Laws on Common Carrier
What is a common carrier?
Operators of public utility vehicles are
considered as common carriers. A common
carrier is defined under the Philippine Civil
Code as “persons, corporations, firms or
associations engaged in the business of carrying
or transporting passengers or goods or both, by
land, water, or air, for compensation, offering
their services to the public”.
What are the Elements of a Common Carrier?
1. Business of transportation.
2. For compensation.
3. For public use – the holding out of the service
is made to all persons
in general without going through any selection
process
Difference of a Common Carrier from a Private
Carrier
Common Carrier
1. Holds himself out in common that is to all
persons who choose to employ him as ready to
carry for hire.
2. Bound to carry for all who offer such goods
as it is accustomed to carry and tender
reasonable.
3. It is for public service and subject to
regulation.
4. Required to exercise extraordinary diligence.
Private Carrier
1. Agrees in some special cases with some
private individual to carry for hire.
2. It is not bound to carry for any reasons,
unless it enters a special agreement to do so.
3. Not for public and not subject to regulation.
4. Not required to render extraordinary
diligence.
What are the 4 Characteristics of Common
Carrier?
1. The common carrier is regarded to some
extent as a public service since he holds himself
out as ready to engage in the transportation of
goods for hire as a public employment and not
as a casual occupation. He is bound to serve all
who apply and is liable for refusal, without
sufficient reason to do so.
2. The common carrier cannot lawfully decline
to accept a particular class of goods for carriage
to the prejudice of the traffic in those goods.
However, the common carrier can do so where
for some sufficient reasons, the discrimination
in such goods is reasonable and necessary
under all the circumstances of the case.
3. No monopoly is favored. The Public Service
Commission has the power to say the
reasonable rules for the convenience of the
traveling public and to enforce them.
4. It is also for public convenience.
What is a Charter?
It means that there is a contract between the
passenger and the carrier wherein the latter
undertakes to transport the former to his
destination safely. Is charter a common or
private carrier? Under transportation laws, a
common carrier engaged in the carrying of
passengers, from the nature of its business and
for reasons of public policy, is bound to observe
extraordinary diligence to ensure the safety of
the passengers transported by them. The law
further provides that a common carrier is
bound to carry the passengers safely as far as
human care and foresight can provide, using
the utmost diligence of very cautious persons,
with a due regard for all the circumstances.
Ordinary diligence is not good enough. It has to
be extraordinary diligence.
Nature of Responsibility of Common Carriers
1.The public must of necessity rely on the care
and skill of common carriers in the vigilance
over the goods and safety of the passengers.
2.Extraordinary diligence in the vigilance over
the goods and for the safety of the passengers
transported by them, according to all
circumstances of each case.
3. In case of death of, or injuries to, passengers,
common carriers are
presumed to have been at fault or to have
acted negligently, unless they prove that they
observed extraordinary diligence.
4.The obligation of a common carrier arises
from contract known as “contract of carriage”.
5.Common carriers are likewise responsible for
injuries suffered by passenger on account of
the willful acts or negligence of other
passengers or strangers, if the common carriers’
employees could have prevented or stop the
act or omission.
This duty of common carriers to exercise the
highest degree of diligence commences from
the moment the person who purchases the
ticket from the carrier presents himself at the
proper place and in a proper manner to be
transported. Once created, the relation of
carrier and passenger will not ordinarily
terminate until the passenger has, after
reaching his destination, safely alighted from
the carrier’s conveyance or had a reasonable
opportunity to leave the carrier’s premises.
Case Scenario: In relation to this, in the
landmark case of Dangwa Transportation Co. v.
Court of Appeals (G.R. No. 95582, 07 October
1991) A passenger attempted to ride the bus
and was able to step on its platform but was
run over by the rear right tires of the vehicle
and eventually died because the driver’s
sudden acceleration of the bus. Are the bus
company and the driver liable for the death of
the passenger even though no ticket was issued
yet?
Period Wherein the Degree of Extraordinary
Diligence Should End:
1. The extraordinary responsibility of the
common carrier lasts from the time the goods
are unconditionally placed in the possession of,
and received by the carrier for transportation
until the same are delivered, actually or
constructively, by the carrier to the consignee,
or to the person who has a right to receive
them, without prejudice.
2. The common carrier’s duty to observe
extraordinary diligence over the goods remains
in full force and effect even when they are
temporarily unloaded or stored in transit,
unless the shipper or owner has made use of
the right of stoppage in transit.
3. The extraordinary liability of the common
carrier continues to be operative even during
the time the goods are stored in a warehouse
of the carrier at the place of destination, until
the consignee has been advised of the arrival of
the goods and has had reasonable opportunity
thereafter to remove them or otherwise
dispose of them.
Case Scenario: (La Mallorca v. Court of Appeals,
et al., G.R. No. L-20761, 27 July 1966).
Another case held by the Supreme Court is
instructive on when the said duty of common
carrier ends. In that case, a family rode the bus
and alighted therefrom. The father led his
family to a shaded spot on the left pedestrian
side of the road about four or five meters away
from the vehicle and returned to the bus to get
one of his baggage which was not unloaded.
Unknown to him, his four-year old daughter
followed him. However, although the father
was still on the running board of the bus
waiting for the conductor to hand him the bag,
the bus started to run, so that even the father
had to jump down from the moving vehicle. It
was at this instance that the child, who must be
near the bus, was sideswiped and killed.
Is the bus liable even though the passengers
already alighted from the bus?
Common Carriers are Absolved from Liability
when:
1. Flood, storm, earthquake, lightning, or other
natural disaster or calamity;
2. Act of the public enemy in war, whether
international or civil;
3. Act or omission of the shipper or owner of
the goods;
4. The character of the goods or defects in the
packing or in the containers;
5. Order or act of competent public authority.
What is a Contract of Carriage?
A contract of carriage is a contract between a
carrier of goods or passengers and the
consignor, consignee or passenger. Contracts of
carriage typically define the rights, duties and
liabilities of parties to the contract, addressing
topics such as acts of God and including clauses
such as force majeure. Among common carriers,
they are usually evidenced by standard terms
and conditions printed on the reverse of a
ticket or carriage document.
Air waybill (AWB) - is a non-negotiable
document issued by a carrier when goods are
transported by air. An air waybill acts as
delivery instructions, a contract of carriage, and
a cargo receipt for air freight.
Bill of lading (BOL or B/L) - is issued to a shipper
detailing the method and path of a shipment. It
is a contract for the movement of the goods,
and serves as a receipt for the cargo and can
act as proof of ownership of the goods being
transported. Ocean shipments use bill of lading.
What are the liabilities of International Air
Carriers according to Warsaw Convention?
Enforcing Warsaw Convention
• Suits can only be brought in countries that are
signatories o Where ticket was purchased, final
destination or where carrier has principal place
of business
• Suits for death or injury in passenger’s
principal residence If carrier operates there
(Montreal Convention)
• Time Limits
o Must file notice for cargo or baggage damage
– notify within 7 days of receipt of checked
luggage; 14 days for receipt of cargo
o Delay of baggage or cargo – notify in writing
no later than 21 days from date of actual
delivery
o Must file suits against air carrier within two
years
What is Carriage of Goods by Sea (COGSA)?
What are the liabilities under COGSA?
Ways of Enforcing the Liability of Common
Carriers When a common carrier fails to comply
with the standard of care required of it by law,
it may be sued on the ground of either:
1. Breach of contract
2. Tort or quasi-delict
**A person suing a common carrier cannot
maintain an action under both grounds.
Damages Recoverable from Common Carriers
1. Actual or Compensatory damages – are
adequate compensation for pecuniary loss
suffered by a person as he has proven (e.g. –
medicine, hospitalization expenses).
2.Moral damages – include physical suffering,
mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings,
moral shock, social humiliation, and similar
injury.
3. Nominal damages – are adjudicated in order
that a right of a person, which has been
violated or invaded by the CC, may be
vindicated or recognized, and not for the
purpose of indemnifying such person for any
loss suffered by him.
4. Temperate or Moderate damages – which
are more than nominal but less than
compensatory damages, may be recovered
when the court finds that some pecuniary loss
has been suffered but its amount cannot from
the nature of the case, be proven with certainty.
5. Liquidated damages – are those agreed upon
by the parties to a contract, to be paid in case
of breach thereof.
6. Exemplary or Corrective damages – are
imposed, by way of example or correction for
the public good, in addition to actual or
compensatory, moral, temperate or liquidated
damages. Ex. Recklessness - the court will
decide whether or not they should be granted.
Regulations of Air Transportation Business
• The airline industry is primarily regulated by
the Civil Aeronautics Board (CAB) and Air
Transportation Office (ATO), now the Civil
Aviation Authority of the Philippines (CAAP).
• The governing law is R.A. No. 776 a.k.a. Civil
Aeronautics Act of the Philippines.
Week 15 – Laws Regulating Travel and Tour
Services
National Accreditation Standards
REVISED RULES AND REGULATION OF TRAVEL
AND TOUR AGENCIES
Definition of Terms
Tour Operator
Any person or entity engaged in the business of:
• Inbound and/or Local Tour Operation such as
organizing and /or conducting tours as well as
making online reservations, arranging and
booking for transportation and accommodation
for a fee, commission, or any form of
remuneration.
Travel Agency
Any person or entity engaged in the business of:
• Providing travel-related services such as
transportation or accommodation
reservations/bookings, documentation of travel
papers, sale and/or issuance of tickets and
selling of outbound tours for a fee, commission,
or any form of remuneration.
Travel and Tour Agency
A primary tourism enterprise regularly engaged
in both Tour Operator and Travel Agency
services.
Online Travel and Tour Agency
Any person or entity whose operations are
solely conducted through websites and other
online platform dedicated to travel and tour
operations.
Inbound Tour
A tour of groups/individuals to the Philippines
or any place within the country and any part
thereof
Local Tour
A tour of residents of the Philippines within the
country
Outbound Tour
Tour of individuals/groups outside the
Philippines
Branch Office
An office or outlet/tour desk which is located
other than the travel and tour agency main
office location that sells, offers or conducts
tours
Commercial Building
A building other than a residential building,
developed for commercial use
Dormant Application
An application that has not been acted upon by
the applicant for forty five (45) days
Requirements for Application
Who May Apply?
a) Resident Filipino citizen registered as – Single
or Sole Proprietorship
b) Partnership organized under Philippine Laws
o At least 60% of its capital is owned by a
Filipino citizen
c) Corporations organized under Philippine
Laws
o At least 60% of the subscribed common or
voting shares of stock of which is owned by
Filipino citizens and the composition of its
Board of Directors being at least 60%
Filipinos. – In case of more than 40% foreign-
owned Corporations, they shall have at
least US $200,000.00 paid-in capital.
d) Cooperative duly organized under Philippine
Laws.
Mandatory Documentary Requirements
For New Application:
a) Valid Mayor’s/Business Permit
b) Proof of working capital of ₱500,000.00
o For Corporation/Partnership ₱500,000.00
Paid-up/partners capital
o For Single Proprietorship Original copy of
bank certification with cheque writer.
*Under the name of the Company
c) For General Manager
o Documents to prove a minimum of three (3)
years managerial experience in travel and tour
agency operations or proof of passing a Travel
and Tour Agency Management Course or its
equivalent
d) Notarized List of Names of all Officials and
Employees (with office designation and
Nationality)
For Renewal:
a) Valid Mayor’s/Business Permit
b) Audited Financial Statements reflecting a
minimum of ₱500,000.00 working capital.
Additional Documentary Requirements for
Renewal and New Application
a) Affidavit executed by the General Manager
declaring/acknowledging the existence of their
branch offices.
b) For foreign nationals, valid working permit
(Alien Employment Permit) from the
Department of Labor and Employment and
valid visa from Bureau of Immigration and
Deportation.
c) For Airport Representatives, valid NBI
Clearance and Certificate of Regular
Employment.
Minimum Office Requirements
o Commercial Area and/or building
o Easily identifiable and shall be used
exclusively for the travel and tour operation
business
o Furnished with basic furniture and equipment
o Minimum office floor area = 18 square
meters (except for Branch Office – Chapter 1,
Section 1)
Minimum of three (3) employees = General
Manager Reservation Officer
Tour/Product Development Officer
o Maintain a temperature between 20-25
degree year round except in areas where
elevation is 2000 ft. above sea level
Accreditation Fees and Other Charges
Surcharge
o Additional amount equivalent to 50% of the
accreditation fee for renewals made after June 30
and another 100% shall be collected for every
succeeding year thereafter.
o Renewal Period is from April 1 to June 30
Supervision of Travel and Tour Agencies
o Main Office Accreditation Should be accredited
prior to the accreditation of the branch office.
o Validity Of Accreditation Certificate of
Accreditation VALID FOR 2 YEARS Provided
that the required Mayor’s/Business permit and
other pertinent documents shall be renewed upon
expiration and shall be submitted to the Department.
o Surrender Of DOT Sticker Upon renewal of
accreditation
o Access of Department Representatives to Agency’s
Office and Records The DOT shall have access to
an enterprise’s office and records during business
hours for verification of compliance with the
standards and requirements.
o Surrender of DOT ID – the enterprise shall notify
the Department of Its officers and employees who
have ceased to be employed from their company
and shall surrender the officers’ / employees’ ID
cards within 7 days upon termination of
employment
o Display of Accreditation Seal - the DOT
Accreditation Sticker shall at all times be displayed
in a conspicuous place of the establishment.
Same shall be surrendered to DOT once the validity
of accreditation expires.
o Online Travel and Tour Agency All online Travel
and Tour Agencies applying for accreditation shall
comply with all the basic requirements of a regular
travel and tour agency as provided in Chapter II of
this Rules.
o Website Information - all Tour Operators, Travel
Agencies and Travel and Tour Agencies with website
shall comply with the following requirements. a)
Shall display the DOT Tourism Quality Seal and
Accreditation Number with validity date on their
website and in all of its advertisements, brochures
and promotional materials; b) Shall highlight or
include Philippine tour destination in their website; c)
Shall display the correct and full contact information
of the company on the “Contact Us” page or section;
and d) All websites offering online payment schemes
shall be Payment Card Industry Data Security
Standard (PCI-DSS) Compliant and Encrypted with
Valid Security Sockets Layer (SSL) Certificate or use
Online Banking Websites
o Dormancy - Withdrawn after appropriate warnings
/ notifications 30th and 45th day prior to
dormancy
Inspection of Establishment
Periodic Inspection
o Done annually or when Public Interest dictates
o The DOT may send an inspection team to the
establishment for the purpose of determining
whether they are being kept and/or managed in a
manner conformable to the standards set by DOT.
o Conducted at a reasonable time of the day with
due regard and respect to the right of privacy of
parties concerned.
Inspection Team
o Shall accomplish a set of Inspection Checklist (IC)
o All deficiencies found, as well as the requirements
complied with shall be noted on the checklist.
Inspection Report
o Rendered within five (5) days from date of
inspection.
Defects and Deficiencies Found During Inspection
o DOT shall issue a Notice of Deficiency addressed to
the concerned Travel and Tour Agency informing the
same of the violation or non-compliance of
accreditation requirements and reasonable period
within which to rectify such violation as found
during the inspection.
o If failed to remedy the defects or deficiencies
within the agreed period of time, the Department
shall deny the application or revoke the Certificate
of Accreditation issued to the Establishment.
Use of Tour Coordinators and Tour Escorts
o Tour Coordinators and Foreign Tour Escorts duly
recognized by the DOT whose function is to
accompany tourists shall not act as Tour Guides.
o Presence of Tour Coordinators and Foreign Tour
Escorts may be allowed provided there is an
accompanying DOT-accredited tour guide.
Schedule of Fines and Penalties
In accordance with Section 39 of R.A. 9593 Denial 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 grant of accreditation.
2. Failure to comply with the standards and
requirements for accreditation.
3. Has pending/unresolved complaints filed to the
Department or other concerned agencies
4. Any other act or omission that works against the
interest of the tourism industry.
Suspension, Revocation, Cancellation of ▪ Location of the entity;
Accreditation or Closure of Business ▪ Its registered owner or proprietor and the business
1. Unauthorized transfer and/or reproduction of address;
Accreditation certificate, stickers, IDs or any ▪ The specific term or terms of accreditation violated;
document issued by the Department of Tourism. and
2. Gross and evident bad faith in dealing with ▪ The statement that the advisory shall only be lifted
clients/fraudulent solicitation of business. upon continued compliance of the enterprise with
3. Tolerance of gross misconduct, discourtesy, the terms of accreditation.
dishonesty or misrepresentation committed by any
of the operator’s officers or employees against its Issuance of Additional Circulars / Orders
clients to the deterrent of the tourism industry. The DOT shall, whenever necessary, issue additional
4. Employment or hiring of non-DOT accredited Circulars/Orders for a more effective
tourism frontliners or engaging the services of non- implementation of their rules and regulations.
DOT accredited tourism establishments/vehicles
except in areas where there are no DOT accredited The Tourism Quality Seal
frontliners/trainers/vehicles/establishments
available.
5. Failure to specify and include in any form of
advertisement the DOT Tourism Quality Seal and
Accreditation Number with Expiry date/validity.
6. False, deceptive or misleading advertisement by
Philippine mail or in commerce by print, radio,
television or other medium of advertisement to the
public.
7. Promoting, facilitating or conducting activities
involving drug-related transactions and any form of
exploitation of women and children.
8. Non-settlement of the complaint filed against the
establishment with the Department. DOT Accreditation Sample
9. Any other case/complaint filed against the
establishment outside the Department.

Fines and Penalties

o First Offense - Six (6) months suspension and/or
fine not less than Fifty Thousand Pesos (₱50,000.00),
as the case maybe
o Second Offense - One (1) year suspension and be
subject to a fine not less than Seventy Five Thousand
Pesos (₱75,000.00)
o Third Offense - Revocation/Closure of Business
and subject to a fine of at least or not less than One
Hundred Thousand Pesos (₱100,000.00)
o The DOT, at its own instance, shall revoke/cancel
the accreditation of an accredited travel and tour
agency which violates any of the provisions of these
Rules and Regulations without prejudice to the
imposition of other applicable penalties under SUMMARY OF THE RIGHTS OF AIR PASSENGERS
Philippine laws.
O The DOT shall likewise issue a Notice of Violation UPON PURCHASE OF TICKET AND UPON ARRIVAL AT
to the concerned LGU for appropriate sanction such THE AIRPORT
as but not limited to revocation/cancellation of Based on Joint DOTC-DTI Admin. Order No. 01 or the
issued licenses/permit or closure of the Air Passenger Bill of Rights
establishment found to have violated the terms of
their accreditation. Major Rights of an Air Passenger
O Tourism Advisories 1. Right to be provided with accurate information
▪ Complete identification of the pertinent tourism before purchase
enterprise; 2. Right to receive the full value of the service
purchased
3. Right to compensation
RIGHT TO RECEIVE THE FULL VALUE OF THE SERVICE
PURCHASED
Right to be Processed for Check-In - A passenger
shall not be considered late or a no-show, and shall
not be denied check-in if he or she is within the air
carrier’s cordoned or other designated check-in area
at least one (1) hour before the published Estimated
Time of Departure (ETD), or within the prescribed
time set by the air carrier.
Right to Sufficient Processing Time
Check-in counters in international airports and in
other airports designated by the DOTC must be open
at least two (2) hours before the (ETD).
A separate dedicated counter must be opened for a
flight nearing check-in deadline to facilitate the
checking in of passengers at least one (1) hour
before the published ETD.
There must be at least one (1) check-in counter
which will prioritize PWDs, senior citizens, and
persons requiring special assistance or handling, if
practicable.
FOR ALL OTHER AIRPORTS, check-in counters must
be open at least one (1) hour before the ETD.
Right to Board Aircraft for the Purpose of Flight
GENERAL RULE: A passenger cannot be denied the
right to board the aircraft without his consent.
IN CASE OF OVERBOOKING:
1. The airline/air carrier must look for volunteers
willing to give up their seats.
2. If the number of volunteers is not enough, the air
carrier shall increase the compensation package
until the required number of volunteers is met.
This is known as the “auction system.”
RIGHT TO COMPENSATION
Right to Compensation and Amenities in Case of
Cancellation of Flight
Cancellation at least 24 hours before the ETD,
attributable to the air carrier
1. To be notified beforehand of the fact of
cancellation
2. Rebook or reimburse the passenger, at the option
of the latter.
Cancellation less than 24 hours before the ETD,
attributable to the air carrier
1. To be notified beforehand of the fact of
cancellation
2. To amenities*
3. To be reimbursed of the value of the fare, taxes
and surcharges, and other optional fees
4. To be endorsed to another air carrier without
paying any fare difference
5. To rebook the ticket without additional charge
Cancellation due to other causes (i.e. force majeure,
safety and/or security reasons)
1. To be reimbursed of the full value of the fare
*AMENITIES may include food and drinks, hotel
accommodations, etc.
Right to Compensation and Amenities in Case of
Flight Delay and Exceptions Thereto.
Terminal delay of at least three (3) hours after the
ETD, whether or not such is attributable to the
carrier.
1. To avail of refreshments or meals
2. To free phone calls, text or e-mails, and first aid, if
necessary
3. To rebook or refund his/her ticket
4. To be endorsed to another carrier
Terminal Delay of at least six (6) hours after the ETD
for causes attributable to the carrier
1. To consider the flight cancelled for the purpose of
availing the rights and amenities provided for in case
of actual cancellation
2. Additional compensation equivalent to at least
the value of the sector delayed
3. To board the flight if it takes place more than six
(6) hours after the ETD and the affected passenger
has not opted to rebook and/or refund.
Tarmac Delay of at least two (2) hours after the ETD
1. To sufficient food and beverage
Right to Compensation for Delayed, Lost, and
Damaged Baggage
THE PASSENGER HAS THE RIGHT TO:
1. Be informed of the fact of off-loading
2. Php2,000 compensation to the passenger for
every twenty-four (24) hours of delay
3. Refund of checked baggage fees if the baggage
was not delivered within twenty-four (24) hours
from the arrival of flight
4. If the baggage is lost or if it suffered any damage:
FOR INTERNATIONAL FLIGHTS: The relevant
convention shall apply.
FOR DOMESTIC FLIGHTS: The passenger has the right
to a maximum amount equivalent to half of the
amount in the relevant convention (for international
flights) in its Peso equivalent.
5. PRESUMPTION OF LOSS: If after a period of seven
(7) days from when the passenger or consignee
should have received the baggage and it is not
delivered, it is presumed lost.
Right to Compensation in Case of Death or Bodily
Injury of a Passenger
1. FOR INTERNATIONAL FLIGHTS: The relevant
convention and inter-carrier agreements apply
2. FOR DOMESTIC FLIGHTS: Compensation will be
based on the stipulated amount in the relevant
convention which governs international flights
Right to Immediate Payment of Compensation
PAYMENT MUST BE AVAILABLE TO THE AFFECTED
PASSENGER:
1. at the air carrier’s counters at the airport on the
date when the incident occurred, or
2. at the main office or any branch of the air carrier,
at the discretion of the passenger.
MODE:
1. By tendering a check, or
2. Cash, or
3. The document necessary to claim the
compensation or benefits. The document shall be
convertible to cash within fifteen (15) days from the
date when the occasion occurred.
SESSION 8 - LEGAL ASPECTS IN TOURISM AND
HOSPITALITY
LAWS ESTABLISHING ACCOMMODATIONS IN THE
PHILIPPINES
REPUBLIC OF THE PHILIPPINES DEPARTMENT OF
TOURISM MANILA
RULES AND REGULATIONS TO GOVERN THE
ACCREDITATION OF HOTELS, TOURISTS INNS,
MOTELS, APARTELS, RESORTS, PENSION HOUSES
AND OTHER ACCOMMODATION ESTABLISHMENTS
PURSUANT TO THE AUTHORITY VESTED IN THE
DEPARTMENT OF TOURISM(DOT) By REPUBLIC ACT
NO. 9593 OTHERWISE KNOWN AS THE TOURISM
ACT OF 2009 DATED MAY 12, 2009, ON THE
MANDATORY ACCREDITATION OF PRIMARY
TOURISM ENTERPRISES, THE NATIONAL TOURISM
STANDARDS FOR THE ACCOMMODATION SECTOR –
HOTELS, RESORTS AND APARTMENT HOTELS ARE
HEREBY PROMULGATED TO IMPLEMENTTHE INTENT
AND PURPOSE OF THE SAID REPUBLIC ACT
DEFINITION OF TERMS
a. Accreditation shall refer to a certification issued
by the Department to tourism enterprise that
officially recognizes it as having complied with the
minimum standards for the operation of tourism
facilities and services.
b. Act shall refer to Republic Act No. 9593, otherwise
known as the “Tourism Act of 2009”.
c. Apartment Hotel shall refer to serviced
apartments offering self-contained units that
contain access to kitchen and laundry facilities. A
number of bedrooms may share one bathroom in
the unit.
d. Department or DOT shall refer to the Department
of Tourism created pursuant to Presidential Decree
No. 189 (1973), as amended.
e. Hotel shall refer to full service accommodation
with reception and guestrooms generally offering
private facilities with an onsite restaurant, room and
bar services available. Additional facilities such as
business centres and conference rooms are
expected.
f. OTSR shall refer to the Office of Tourism Standards
and Regulation of the Department.
g. Primary Tourism Enterprises refers to travel and
tour services; land, sea and air transport services
exclusively for tourist use; accommodation
establishments; convention and exhibition
organizers; tourism estate management services;
and such other enterprises as may be identified by
the Secretary, after due consultation with concerned
sectors.
h. Quality Gradings shall refer to such terms as
unacceptable, adequate, good, very good, excellent
and outstanding are used to signify the ascending
levels of quality.
i. Resort shall refer to full service accommodation
located in a more natural, relaxed environment,
with reception and guest rooms generally offering
private facilities with an onsite restaurant, room and
bar service available. Additional recreation facilities
and tour services are expected.
j. Standards shall refer to a set of written functional,
aesthetic and technical requirements in the form of
specifications or guidelines to ensure that a product
and service complies with the Rules and Regulations
set forth by the Department.
k. Tourism Enterprises” refers to facilities, services
and attractions involved in tourism, such as, but not
limited to: travel and tour services; tourist transport
services, whether for land, sea or air transportation;
tour guides; adventure sports services involving such
sports as mountaineering, spelunking, scuba diving,
and other sports activities of signi cant tourism
potential; convention organizers; accommodation
establishments, including, but not limited to, hotels,
resorts, apartelles, tourist inns, motels, pension
houses, and homestay operators; tourism estate
management services, restaurants, shops and
department stores, sports and recreational centers,
spas, museums and galleries, theme parks,
convention centers and zoos.
Before hotels are classified into: De Luxe Class, First
Class, Standard Class, Economy Class
But now, we have a new way to classify hotels
according to the National Accommodation
Standards.
How do we classify hotels now?
THE FIVE STAR GRADING SYSTEM FOR
ACCOMMODATION ENTERPRISES
There are five levels of accommodation standards
ranging from one to five-stars applicable to hotels,
resorts and apartment hotels. To obtain higher stars,
progressively higher service and facility quality,
facility condition and improved business practices
like environmental management, which are
determined by a point system should be provided
across all areas. A total of 1000 points have been set
as the maximum number of points that can be
achieved by Hotels, Resorts, and Apartment Hotels.
1 STAR - 251–400 points
These enterprises appeal to budget minded
travellers. There is a limited range of facilities and
services
2 STARS - 401–550 points
These enterprises appeal to the tourists seeking
more than basic accommodation. They offer
expanded facilities and higher level of comfort.
3 STARS - 551–700 points
These enterprises offer a very good level of
accommodation. There are more spacious public
areas, higher quality facilities and a greater range of
services.
4 STARS - 701–850 points These properties are
upscale in all areas. Accommodation is refined and
stylish. Service is responsive, often including an
extensive array of facilities.
5 STARS - 851–1000 points These properties reflect
the characteristics of luxury and sophistication. The
facilities are world class in every manner and the
meticulous service exceeds all guest expectations
The criteria are divided into seven (7) dimensions
that are common to the above-mentioned
categories except for the lounge area and the
kitchen area which are applicable only to apartment
hotels. The percentage that these dimensions
contribute to the total score is shown in the table
below:
Each dimension consists of a number of indicators
which describe either the existence or availability,
quality and condition of the facility as well as the
service. Every indicator is allotted points. A
maximum of 177 indicators are evaluated. Quality
judgment is used to determine whether a facility or
service is either - Unacceptable, Acceptable, Good,
Very Good, Excellent or Outstanding. Mandatory
and minimum requirements have also been
established both for entry into the grading scheme
and at the different star levels. Mandatory
requirements, marked M shall refer to those
requirements that are prescribed by existing laws,
without which, no accreditation shall be issued to
the enterprise until such time that it rectifies said
deficiencies. On the other hand, minimum
requirements, marked m shall refer to those
requirements which are minimum to a certain
classification, without which the establishment will
not be awarded such classification but instead be
downgraded to a lower classification, regardless of
the total points accumulated.
APPLICATION FOR ACCREDITATION
Accreditation Process
1. Filing of Application. Any person, partnership,
corporation or other entity desiring to operate a
primary tourism enterprise as defined herein shall
secure an accreditation from the Department.
Application for accreditation shall be accomplished
online.
2. Documentary Requirements. The Department
shall issue a List of Documentary Requirements to
be complied with by applicants as part of the
accreditation process.
3. Inspection. An Inspection team shall conduct an
audit of the establishment to determine its
classification. An oversight committee from the
Department shall conduct periodic inspection of the
classified establishment.
4. Validity of Accreditation. The Certificate of
Accreditation shall be valid for a period of two (2)
years, unless sooner revoked by the Department.
5. Schedule of Fees. The Department shall issue a
schedule of accreditation fees to be implemented by
these Rules. Visit
http://www.tourism.gov.ph/downloadable%20files/
AccreditationFees2017.pdf
Cancellation and Downgrading of Accreditation
1. Grounds for Cancellation. Any of the following
acts, omissions shall be sufficient grounds for the
cancellation of accreditation:
a. 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 misrepresentation for the
purpose of obtaining the issuance of accreditation;
b. Failure to comply with or contravene any of the
conditions set forth in the certificate of accreditation;
c. Failure to meet the standards and requirements
for the operation of the establishment as prescribed
in these Rules and Regulations;
d. Allowing or permitting the establishment or its
facilities to be used for prostitution particularly
those involving children or any illegal, immoral or
illicit activities; and
e. Violation of or non-compliance with any of the
provisions of these Rules, promulgated orders,
decisions and circulars issued by the Department
and other concerned government agencies.
2. Procedure for Cancellation and/or Downgrading
of Accreditation. Assessors shall submit a report
with recommendations based on the inspection
findings to the Office of Tourism Standards and
Regulation (OTSR). The OTSR shall then send a letter
to the concerned enterprise regarding its
deficiencies, specifying a grace period of a minimum
of 3 months within which to rectify such findings.
Non-compliance within the allotted grace period
may result in the cancellation and/or downgrading
of accreditation of the concerned enterprise. The
Department shall likewise inform the concerned
local government unit regarding the accreditation
status of the enterprise
Supervision of Accredited Establishments
1. Display of DOT Accreditation Seal. The valid DOT
accreditation seal shall be displayed in a
conspicuous place of the establishment.
2. Non-Transferability of DOT Accreditation Seal. The
rights and privileges over the accreditation shall be
non-transferable.
3. Periodic Inspection. The Department may send an
inspection team to the establishment for the
purpose of finding out whether it is being kept
and/or managed in a manner conformable to the
standards set by the Department. The inspection
shall be conducted at a reasonable time of the day
with due regard and respect accorded to the right to
privacy of parties concerned.
4. Defects and Deficiencies Found During the
Inspection. Where certain defects and deficiencies
have been found in the course of inspection, the
Department shall give direction to the keeper,
manager or operator to rectify the defects or
deficiencies within a reasonable period of time.
5. Penalty for Failure to Remedy the Defects, etc. If
the management fails to remedy the defects or
deficiencies, the Department may withdraw the
certificate of accreditation of the establishment.
6. Advertisements. All DOT accredited hotels, resorts
and apartment hotels which shall advertise its
business or services through print media must
specify in the advertisement item itself the DOT
accreditation number.
THE RIGHTS OF A HOTEL GUEST
As a hotel guest, you can bring it up with the hotel
management and demand the services they
promised you and which you paid. Although there is
no actual bill of rights for hotel guests, you can use
these laws to support and protect yourself when
faced with unfair hotel practices and unreasonable
hotel management.
PRIVACY
o Right to Privacy is a basic right under the
Philippine constitution. When hotels collect and
process your personal information, they are
immediately obliged to keep all data confidential
and secure. They should be able to implement
regulations on how to protect your personal
information against unlawful or unauthorized access.
Hotels should also protect your privacy in hotel
rooms by not allowing spy or any recording
equipment. However, if you are caught in the course
of illegal actions then hotel management has the
right to take the necessary disciplinary measures.
FALSE ADVERTISING
The consumer act of the Philippines or Republic Act
No. 7394 protects your interest as a consumer. It is
the law’s objective to protect you against deceptive
or unfair sales acts and practices such as false
advertising. You have the right to file a complaint if
the hotel embellished their advertisements with
services and facilities that are actually unavailable.
CONCERN FOR YOUR HEALTH
In order for hotels to be accredited in the Philippines,
they must abide by the rules and regulations related
to Republic Act No. 7160 that govern the operations
of tourist establishments. This act requires hotels to
ensure the safety, comfort and convenience of their
guests by providing specific facilities, amenities, and
services. One of the specific requirements is for
hotels to provide housekeeping of the highest
possible standard. They should be able to keep hotel
premises clean and tidy, as well as change linens,
blankets, towels, and daily. This is to ensure that you
are protected against infectious diseases. Another
requirement for hotels is to provide medical service
by having a medical clinic or a registered nurse 24/7
and an on-call doctor for emergencies. Even clean
and proper food-handling practices are required as a
concern for your health. Therefore, the next time
you see a cockroach on your plate, you can
immediately call the manager for a discussion.
LIABILITY
Articles 1998 to 2004 of the Civil Code of the
Philippines tackle the hotel’s responsibility to the
personal effects of their guests. The provisions state
that hotels are responsible for any depositories
made by their guests. They are also liable for any
animal, vehicle, or material that are lost or damaged
in the annexes of hotels. This only applies, however,
if the loss or damage was caused by the hotel
personnel or employee. One important information
you should know is that “the hotel-keeper cannot
free himself from responsibility by posting notices to
the effect that he is not liable for the articles
brought by the guest…” (art. 2003).
RIGHTS OF DISABLED PEOPLE
To avoid prejudice and promote equality among all,
the Republic Act 9442 focuses on the rights of
disabled or handicapped people. Under the law,
disabled people are given at least twenty percent
(20%) discount from all establishments relative to
the utilization of all services in hotels and similar
lodging establishments for their exclusive use or
enjoyment. The Accessibility law of the Philippines
also enhances the mobility of disabled persons by
requiring certain establishments to install facilities
and other devices such as sidewalks, ramps, railings,
and the like.
Now you know which laws you can use as grounds
for complaint. Keep in mind, however, that some
hotel accommodations may have certain
prohibitions or modifications regarding these laws.
These may have been stated on the contract or
booking form you have signed. As general rule,
thoroughly read your contracts before signing them.
LAWS ON CASINO AND GAMBLING IN THE
PHILIPPINES
There are many land based casinos in the
Philippines. The primary district is the government-
run region. The gambling industry in this region is
regulated and controlled by the Philippine
Amusement and Gaming Corporation (PAGCOR).
PAGCOR is a state owned entity, and is responsible
for licensing and operations of all the land based
casinos and/or betting outlets. There are
approximately 42 land based casinos that are
regulated by PAGCOR. Both Filipinos and
international players may visit and enjoy the
gambling options at the casinos and betting outlets
that are run by PAGCOR.
The second gambling district is known as the
Cagayan Special Economic Zone and Freeport. The
independent casinos operating in the Cagayan
Freeport district are licensed and regulated through
the First Cagayan Leisure and Resort Corp (FCLRC).
The casinos operating under the watchful eye of
FCLRC gaming commission were initially only
allowed to accept tourists as customers. However,
this was changed in 2011, and Filipinos who stay at
one of the casino resorts in the Freeport Zone are
now categorized as tourists, and can legally enjoy
the gambling options offered here. So to answer the
original question, yes, gambling is legal in the
Philippines.
What is the Legal Gambling Age in the Philippines?
The minimum legal gambling age in the Philippines is
21 years of age. Underage gambling is taken very
seriously by Filipino law enforcement, with strict
penalties administered to anyone who knowingly
accepts bets or wagers from an underage player.
This is the law of the land, and also applies to
offshore online gambling.
Government officials are not allowed to enter casino
area. Why?
Are Online Casinos Legal in the Philippines?
PAGCOR does license and regulate online gambling
businesses; however these businesses are not
allowed to offer their services to Filipino residents.
There are no statutes within the Philippines
gambling laws that prohibit Filipino residents from
participating on legally licensed offshore betting
sites. In addition, the FCLRC in the Cagayan Freeport
district is an online gambling licensing jurisdiction,
and at this time is the only one of its kind in all of
Asia.
Online gambling sites that are regulated by the
FCLRC are prohibited by law from offering their
services to residents of the Philippines. Online
gambling laws in the Philippines are all directed
towards owner/operators and not players. While
Filipino players may not have access to any local or
state based online casinos, there are no restrictions
placed upon them concerning offshore casino
gambling. In fact, a court ruling in 2012 clarified that
there are indeed no provisions within Philippines
Law, including Presidential Decree 1602, that make
it illegal for citizens to place bets. Hence, Filipino
residents are free to play online casino games for
real money wherever they so choose.
Are All Legally Licensed Offshore Online Casinos Safe?
No they are not. Just because a site is operating
legally does not mean they are operating ethically. It
is recommended to consider the input of industry
professionals who have vetted and reviewed online
casinos to ensure that players don’t land at a
questionable or undesirable casino destination.
Professional online gambling analysts who are
experts in vetting the quality of legitimately licensed
and regulated online casinos have approved the
recommendations found in this guide.
Week 15 – Laws Regulating Restaurants and Other
Tourism-Related Establishments
Legal Aspects in Tourism and Hospitality
R.A. 9593, Section 3
Secondary Tourism Enterprises – facilities and
services that may be related to tourism such as, but
not limited to, restaurants; specialty shops and
department stores; sports facilities and recreational
centers such as, museums and galleries, theme
parks, zoos; health and wellness facilities such as,
but not limited to, spas, tertiary hospitals,
ambulatory clinics and medical concierge; rest areas
in gas stations; agritourism farms and facilities;
tourism training centers or institutes, including
tourism trainers; outbound travel agencies; and such
other enterprises as may be identified by the
Secretary, after due consultation with concerned
sectors.
Below are examples of Secondary Tourism
Enterprise
o A restaurant is any establishment offering to the
public refreshments and/or meals.
o A department store is a store that sells or carries
several lines of merchandise and that is organized
into separate sections for the purpose of promotion,
service, accounting, and control.
o A shop is a small retail establishment offering a
line of goods or services.
o A sports and recreational club/center is any
establishment offering sports and recreational
facilities to tourist and to the general public.
o A museum is an institutional establishment where
a collection of valuable objects and artifacts on
history and culture, arts and sciences are put on
exhibition for the general public.
o A karaoke bar is any establishment offering
karaoke and videoke facilities to tourists and to the
general public.
o A gallery is any establishment that has a formal
space for exhibition of paintings, sculptures, prints,
photographs, potteries and mixed media works.
o A spa is an establishment that has a holistic
approach to health and wellness, rest and relaxation
that aims to treat the body, mind and spirit by
integrating a range of professionally administered
health, wellness, fitness and beauty, water
treatment and services.
o Tertiary hospital – it is an institution, for medical
tourism, that provides clinical care and management
as well as specialized and sub- specialized forms of
treatments, surgical procedure and intensive care.
o Medical tourism – involves travelling for the
purpose of availing health care services or
treatments of illnesses and health problems in order
to maintain one’s health and well-being.
Categories of Spa
a) Day Spa which offers a variety of professionally
administered spa. Services to clients on a day use
basis including hair and beauty salons and wellness
clinics that shall offer at least one water treatment.
b) Destination/Resort Spa which sole purpose is to
provide clients with lifestyle improvement and
health enhancement through professionally
administered spa services, physical fitness,
education programming and on-site
accommodations where spa cuisine or healthy food
is offered.
c) Hotel Spa. This spa is located within a
hotel/urban/out of town providing professionally
administered spa services, fitness and wellness
components.
d) Cruise Spa as a spa aboard a cruise ship that
provides professionally administered spa services,
fitness and wellness components and spa cuisine
menu choices.
e) Club Spa as a facility whose primary purpose is
fitness, offering a variety of professionally
administered spa services on a day-use basis to both
club members and non-members
f) Medical Spa as an individual, solo practice group
and institution comprised of medical and spa
professionals whose primary purpose is to provide
comprehensive medical and wellness care in an
environment which integrates spa services, as well
as conventional and complementary therapies and
treatments.
g) Wellness Center as a spa which provides services
and an environment wherein the
interconnectedness of diet, lifestyle, exercise,
relaxation and rejuvenation must exist in order to
bring about the balance
h) Rehabilitation Center as a spa which primarily
focuses on rehabilitation therapy for various
accident or health induced incapacity (strokes, heart,
etc.) incorporating mainstream and alternative
modalities in order to bring the patients to its
maximum level of wellbeing
i) Hospital Spa as a hospital facility with a spa,
wherein it integrates mainstream medicine and
other alternative approach to promote healing and
balance of mind, body and soul.
Laws Regarding Casino and Gaming Establishments
The PAGCOR (Philippine Gaming Amusement
Corporation) was established to regulate all games
of chance in the Philippines.
Persons not allowed to stay and play at the gambling
casinos
o Government officials
o Members of PNP and AFP
o Persons under 21 years of age or students of any
school
Laws Regulating Caterers A caterer is defined as a
person, firm or association providing food and
supplies, and sometimes services, for parties,
weddings and other social functions.
2 Kinds of Catering Services
o On-premise catering – the caterer has his own
banquet hall with an attached kitchen or production
area
o Off-premise catering – the caterer brings the
complete service to the customers. It is a kind of
banquet operation that takes place in a venue
chosen by a client or in an airline, boat, industrial
site and other places.
Food Caterers of the Philippines (FCAP)
o It is a group of catering companies with the need
to professionalize the industry and serve the needs
of the Philippine catering industry.
Food, Drug, & Cosmetic Act
o The law seeks to ensure safety and good quality
supply of food, drugs and cosmetics, and to regulate
the production, sale and traffic of the same to
protect the health of the public.
Food Safety Act of 2013
o Republic Act (RA) No. 10611, also known as the
“Food Safety Act of 2013” defines food as any
substance or product whether processed, partially
processed or unprocessed that is intended for
human consumption. It includes drinks, chewing
gum, water and other substances, which are
intentionally incorporated into the food during its
manufacture, preparation and treatment (Section
4.g). On the other hand, food safety refers to the
assurance that food will not cause harm to the
consumer when it is prepared or eaten according to
its intended use (Section 4.n).
o The law primarily aims to strengthen the food
safety regulatory system in the country. Food safety
regulatory system is the combination of regulations,
food safety standards, inspection, testing, data
collection, monitoring and other activities carried
out by food safety regulatory agencies (FSRAs) and
by the Local Government Units (LGUs) in the
implementation of their responsibilities for the
control of food safety risks in the food supply chain
(Section 4.q). Specifically, it aims to: protect the
public from food-borne and water-borne illnesses
and unsanitary, unwholesome, misbranded or
adulterated foods; enhance industry and consumer
confidence in the food regulatory system; and
achieve economic growth and development by
promoting fair trade practices and sound regulatory
foundation for domestic and international trade
(Section 3).
o In general, RA 10611 works in the principles of
achieving food safety to protect human life and
health in the production and consumption of food
and protect consumer interests through fair
practices in the food trade. The protection of
consumer interests shall be geared toward the
prevention of adulteration, misbranding, fraudulent
practices and other practices which mislead the
consumer, and the prevention of misrepresentation
in the labelling and false advertising in the
presentation of food. In order to support this food
legislation, standards for food safety measures shall
be developed. Food safety standards refer to the
formal documents containing the requirements that
foods or food processors have to comply with to
safeguard human health. It should be noted that the
food safety standards shall be based on risk
assessment which is anchored to sound scientific
evidence.
Responsibilities on Food Safety
o Food safety is a foremost responsibility of food
business operators and key government agencies.
The food business operators, a person engaged in
the food business including one’s agents, shall have
the principal responsibility to ensure that food
satisfies the requirements of food law relevant to
their activities in the food supply chain and that
control systems are in place to prevent, eliminate or
reduce risks to consumers (Section 13).
o On the other hand, among the key government
agencies with the prime responsibility of ensuring
food safety include the Department of Agriculture
(DA), the Department of Health (DOH), the
Department of Interior and Local Government (DILG)
and the Local Government Units (LGUs).
Food, Drug and Cosmetic Act
o The principal law for consumer protection in the
Philippines is the Consumer Act of the Philippines
(Republic Act No. 7394). It came into effect on July
15, 1992.
o The law anchored on the basic policy of the state
to protect the interests of the consumer, promote
his general welfare and to establish standards of
conduct for business and industry.
o Towards the end, the State shall implement
measures to achieve the following objectives:
1. Protection against hazards to health and safety;
2. Protection against deceptive, unfair and
unconscionable sales acts and practices;
3. Provision of information and education to
facilitate sound choice and the proper exercise of
rights by the consumer;
4. Provision of adequate rights and means of redress;
and
5. Involvement of consumer representatives in the
formulation of social and economic policies.
The provisions of the law shall be enforced by the
following implementing agencies:
1. The Department of Health with respect to food,
drugs, cosmetics, devices and substances;
2. The Department of Agriculture with respect to
products related to agriculture, and
3. The Department of Trade and Industry with
respect to other consumer products not specified
above.
Amongst all the relevant departments involved in
the implementation of RA 7394, the DTI plays the
central role. It is also the focal point for the ASEAN
Consumer Protection Committee (ACCP)
LIQUOR LICENSING LAW
Liquor licensing laws in the Philippines, like in many
other countries, regulate the sale, distribution, and
consumption of alcoholic beverages. These laws are
implemented to ensure responsible alcohol
consumption, maintain public order, and generate
revenue for the government.
Liquor licenses are issued by local government units
(LGUs) or municipalities. The specific agency or
department responsible for issuing licenses may
vary by region. Businesses that intend to sell alcohol,
such as bars, restaurants, convenience stores, and
clubs, must apply for the appropriate license from
the local authorities.
Types of Licenses
There are different types of liquor licenses,
depending on the nature of the establishment and
the intended sale of alcoholic beverages. Common
categories include:
1. Special Commercial (SC) License - Allows for the
sale of alcoholic beverages in bars, clubs, and similar
establishments.
2. Retail (R) License - Permits the sale of alcoholic
beverages for consumption on or off the premises,
such as in convenience stores and supermarkets.
3. Wholesale (W) License - Issued to wholesalers
and distributors who sell alcoholic beverages in bulk
to retailers.
The legal drinking age in the Philippines is 18 years
old. Establishments selling alcohol are required to
check the identification of customers to verify their
age before serving alcoholic beverages. Liquor
licensing laws also specify the permissible operating
hours for establishments selling alcohol. These hours
may vary by region and type of license.
Taxes & Fees, Responsible Service, Location
Restrictions and Penalties
Businesses holding liquor licenses are typically
required to pay annual fees and taxes related to
their alcohol sales, which contribute to government
revenue. Businesses that serve alcohol are often
expected to adhere to responsible service practices.
This includes not serving alcohol to intoxicated
individuals and ensuring the safety of customers.
Some regions may have specific zoning regulations
that dictate where alcohol establishments can
operate, especially in relation to schools, churches,
and other sensitive areas. Violations of liquor
licensing laws can lead to penalties, fines, or the
suspension or revocation of a liquor license. The
severity of penalties may vary depending on the
nature and frequency of the violation.
LABOR LAW AND MANAGEMENT IN THE TOURISM
AND HOSPITALITY ESTABLISHMENTS
LABOR CODE OF THE PHILIPPINES
▪ The Labor Code of the Philippines stands as the law
governing employment practices and labor relations
in the Philippines.
▪ It was enacted on Labor day of 1974 by President
Ferdinand Marcos, in the exercise of his then extant
legislative powers.
▪ It prescribes the rules for hiring and termination of
private employees; the conditions of work including
maximum work hours and overtime; employee
benefits such as holiday pay, thirteenth month pay
and retirement pay; and the guidelines in the
organization and membership in labor unions as well
as in collective bargaining
Kinds of Employment
1. Regular Employment
2. Casual Employment
3. Project Employment
4. Seasonal Employment
5. Fixed-Period Employment
6. Probationary Employment
Who is a Regular Employee?
1. One who is either engaged to perform activities
that are necessary or desirable in the casual trade or
business of the employer or
2. A casual employee who has rendered at least one
year of service, whether continuous or broken, with
respect to the activity in which he is employed
(Article 280, Labor Code).
3. In Article 281 of the Labor Code an employee who
is allowed to work after a probationary period
becomes Regular Employee.
*It is the nature of the activity that determines
whether employment is regular or casual.
Casual Employment
✓ An employee is engaged to perform a job, work
or service which is merely incidental to the business
of the employer
✓ Such job, work or service is for a definite period
of time made known to the employee at the time of
the engagement
✓ Article 280 of the Labor Code of the Philippines
states that any employee who has rendered at least
one year of service, whether such service is
continuous or broken, shall be considered a regular
employee with respect to the activity in which he is
employed and his employment shall continue while
such activity exists.
Project Employment
✓ There is a contract executed stating among
others that the employment of the project
employee is only for the duration of the project of
the employer.
Seasonal Employment
✓ Operates much in the same way as a project
employment, albeit it involves work or service that is
seasonal in nature or lasting for the duration of the
season.
Fixed-Term Employment
✓ An employment with a fixed or definite period.
Example: Overseas employment contracts
*Seafarers are considered contractual employees.
They can be considered as regular employees under
Article 280 of the Labor Code. Their employment is
governed by the contracts they sign every time they
are rehired and their employment is terminated
when the contract expires. Their employment is
contractually fixed for a certain period of time.
Probationary Employment
✓ There is probationary employment where the
employee understands his engagement is made to
undergo a trial period during which the employer
determines his fitness to qualify for regular
employment based on the reasonable standards
made known to him at the time of engagement.
✓ Generally, the probation period of employment is
limited to six (6) months except:
1. When the parties to an employment contract may
agree otherwise, such as when the same is
established by company policy.
2. When the same is required by the nature of work
to be performed by the employee.
✓ Hotel's system of double probation is NOT
allowed
Termination of Probationary Employee
The services of an employee who has been engaged
on probationary basis may be terminated for any of
the following:
1. A just or
2. An authorized cause and
3. When he fails to qualify as a regular employee in
accordance with reasonable standards prescribed by
the employer.
*Tardiness might affect the employee to become
permanent or regular employee.
*An employee who is allowed to work after a
probitionary period shall be considered a regular
employee.
Termination by Employer: Just Cause in Terminating
an Employee
Article 279 of the Labor Code provides that the
employer shall not terminate the services of an
employee except only for a just or authorized cause.
➢ Serious Misconduct
For serious misconduct to justify dismissal, the
following must be present:
(a) It must be serious,
(b) Must relate to the performance of the
employee's duties and,
(c) Must show that the employee has become unfit
to continue working for the employer.
➢ Willful Disobedience of the Lawful Orders
(Insubordination)
Willful disobedience of the employer's lawful orders,
as a just cause for dismissal of an employee,
envisages the recurrence of at least two requisites:
1. The employee's assailed conduct must have been
willful, that is, characterized by a wrongful and
perverse attitude; and
2. The order violated must have been reasonable,
lawful, made known to the employee and must
pertain to the duties which he had been engaged to
discharged.
➢ Gross Habitual and Neglect of Duties
To be a ground for dismissal under Article 282 of the
Labor Code, it must be both gross and habitual.
Gross negligence implies want of care in the
performance of one's duties. Habitual neglect
imparts repeated failure to perform one's duties for
a period of time, depending on the circumstances.
➢ Fraud or Willful Breach by the Employee of the
Trust Reposed to Him or Loss of Trust and
Confidence
Article 282(c) of the Labor Code prescribes two
separate and distinct grounds for termination of
employment, namely; (1) fraud; or (2) willful breach
by the employee of the trust reposed in him by his
employer or duly authorized representative.
➢ Commission of a crime or offense by the
employee against the person of the person of his
employer or any immediate member of his family or
his duly authorized representatives
An employee may be terminated if an employee
committed a crime or offense against any of the
following:
a. His Employer
b. Immediate member of the family of the Employer
or
c. Duly authorized representatives of the Employer.
Authorized Causes
Article 283 permits the employer to terminate the
employee even if the latter did not commit any
wrongful act provided any of the following
circumstances are present:
➢ Installation of Labor Saving Device (Automation)
The installation of labor-saving devices
contemplates the installation of machinery to effect
economy and efficiency in its method of production.
➢ Redundancy
Exists where the services of an employee are in
excess of what would reasonably be demanded by
the actual requirements of the enterprise.
➢ Retrenchment "Lay-off"
The termination of employment initiated by the
employer through no fault of the employees and
without prejudice to the latter, resorted to by
management during periods of business recession;
industrial depression; or seasonal fluctuations.
➢ Closure or Cessation of Business in Good Faith
Closure of business is the reversal of fortune of the
employer whereby there is a complete cessation of
business operations and/or an actual locking-up of
the doors of the establishment, usually due to
financial losses.
➢ Disease as a Ground for Termination
Article 284 provides that an employer would be
authorized to terminate the services of an employee
found to be suffering from any disease if the
employee's continued employment is prohibited by
law or is prejudicial to his health or to the health of
his fellow employees.
Procedure to Terminate Employment
❑ Procedural Requirements if the Cause of
Termination is any of the Just Causes
Section 2, Rule XXIII, Book V of the Omnibus Rules
Implementing the Labor Code provides that:
For termination of employment based on just causes
as defined in Article 282 of the Labor Code:
(a) A written notice specifying the ground/s for
termination
(b) A hearing or conference
(c) A written notice of termination
*Failure to observe the above procedure may hold
the employer liable for damages.
❑ Procedural Requirements if the Cause of
Termination is any of the Authorized Causes
If the cause of termination of employee is due to
authorized causes the Employer must:
1. Serve a written notice on the workers at least one
(1) month before the intended date of termination;
and
2. Serve a copy of the written notice of termination
to the Department of Labor and Employment.
*Failure to observe the above requirement will hold
the employer liable for damages higher than the
amount awarded for failure to observe due process
if the termination is due to Just Causes.
o Normal Hours
Generally the normal hours of work of any
employees shall not exceed eight (8) hours a day.
o Overtime Work
Work may be performed beyond 8 hours a day
provided that the employee is paid for the overtime
work, an additional compensation equivalent to hi
regular wage plus at least 25% thereof.
Work performed beyond 8 hours on a holiday or rest
day shall be paid an additional compensation
equivalent to the rate of the first 8 hours on a
holiday or rest day plus at least 30% thereof.
o Undertime Undertime work on any particular day
shall not be offset by overtime work on any other
day.
o Night Shift Differential Pay Every employee shall
be paid a night shift differential of no less than 10%
of his regular wage for each hour of work performed
between ten o'clock in the evening and six o'clock in
the morning.
o Holiday Pay
Every worker shall be paid his regular daily wage
during regular holidays, except in retail and service
establishments regularly employing less than 10
workers.
This means that employees are entitled to 100% of
their daily wage even if they did not work on a reglar
holiday provided that the employee concerned
works on the day before the holiday, or that
employee is on leave of absence with pay on the day
immediately preceding the regular holiday.

o Double Pay
If the employee works on the said regular holidays
he shall be entitled to 100% basic pay and an
additional 100% for working during Regular Holiday.
If the employee works during his established rest
day which is at the same time a regular holiday the
employee shall be entitled to 260%.
o Special Holidays
Unless otherwise modified by law, order, or
proclamation, the following are the 3 special days in
a year under Executive Order No. 292, as amended
by Republic Act 9849 that shall be observed in the
Philippines:
1. Ninoy Aquino Day (Monday nearest August 21)
2. All Saints Day (November 1)
3. Last Day of the Year (December 31)
o Payment for Work Performed during Special
Holidays Work performed on special holiday merits
additional compensation of at least 30%of the basic
pay or a total 130%. If performed during special
holiday and at the same time rest day he shall be
entitled to 150%.
o Right to Weekly Rest Day It shall be the duty of
everyemployer, whether operating for profit or not,
to provide each of his employees a rest period of not
less than 24 consecutive hours after every 6
consecutive normal work days.
o Compensation for Rest Day If the employee is
made or permitted to work during his rest day, the
employer must pay the employee his regular daily
wage (100%) and an additional sum of at least 30%
of the regular daily wage. In other words, the pay for
rest day is 130% of the pay for ordinary days.
Republic Act No. 11360,
Service Charge Law
❑ A new law that requires all service charges
collected by hotels, restaurants and other similar
establishments to be distributed completely and
equally amongst relevant or “covered employees”.
❑ It means that 100% of the service charges
collected by these businesses must now be divided
up and paid out equally to their employees.
Republic Act No. 11360,
Service Charge Law
❑ The Service Charge Law will cover all employees,
except managerial employees, under direct
employment of the establishment, regardless of
their positions, designations or employment status
and irrespective of the method by which their wages
are paid.
❑ All service charges collected by an employer must
be distributed fully and equally, based on actual
hours or days of work or service rendered, among all
covered employees.
❑ The service charges collected must be distributed
and paid to such employees:
❑ Not less than once every two weeks; or
❑ Twice a month at intervals not exceeding 16 days.
Republic Act No. 7877, Sexual Harassment Act
RA 7877, Sec. 3 – Work, education or trainingrelated
sexual harassment is committed by an employer,
manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any other
person who, having authority, influence or moral
ascendancy over another in a work or training or
education environment, demands, requests or
otherwise requires any sexual favor from the other,
regardless of whether the demand, request or
requirement for submission is accepted by the
object of said Act.
(a) In a work-related or employment environment,
sexual harassment is committed when:
(1) The sexual favor is made as a condition in the
hiring or in the employment, re-employment or
continued employment of said individual, or in
granting said individual favorable compensation,
terms, conditions, promotions, or privileges; or the
refusal to grant the sexual favor results in limiting,
segregating or classifying the employee which in a
way would discriminate, deprive or diminish
employment opportunities or otherwise adversely
affect said employee;
(2) The above acts would impaire the employee's
rights or privileges under existing labor laws; or
(3) The above acts would result in an intimidating,
hostile, or offensive environment for the employee.
❖ The Demands, Requests for Sexual Favor of
Superior Need not be Expressed
It is not necessary that the demand, request or
requirement of a sexual favor be articulated in a
categorical or written statement. It may be
discerned, with equal certitude, from the acts of the
offender.
❖ Duty of the Employer
Prevent or deter the commission of acts of sexual
harassment and provide the procedures for the
resolution, settlement or prosecution of acts of
sexual harassment.
❖ Liability of the Employer if No Action is Taken
Be solidarily liable for damage arising from the acts
of sexual harassment committed in the employment,
education or training environment
Occupational Health and Safety Standards Act
RA 11058 – An Act Strengthening Compliance with
Occupational Safety and Health Standards and
Providing Penalties for Violations Thereof.
The State shall ensure a safe and healthful
workplace for all working people by affording them
full protection against all hazards in their work
environment. It shall ensure that the provisions of
the Labor Code of the Philippines, all domestic laws,
and internationally recognized standards on
occupational safety and health are being fully
enforced and complied with by the employers, and it
shall provide penalties for any violation thereof.
All workers shall undergo the mandatory eight (8)
hours safety and health orientation course as
required by DOLE which shall be jointly participated
by workers and employers. Standardized training
module for safety and health personnel shall be
implemented and updated regularly as necessary.
The mandatory workers’ OSH seminar may be
conducted by the safety officer of the establishment
or any certified OSH practitioner or consultant.
Employer’s Duties: provide a safe and healthy
workplace through the following, among others:
 Capacity building of all workers including
mandatory trainings;
 Provision of information on OSH;
 Use of devices/equipment with approved
industry standards;
 Compliance with all the requirements of the
OSH Standards;
 Provide appropriate DOLE tested and approved
PPEs FREE of charge to the workers.
Workers’Rights:
 To know the different types of hazards in the
workplace;
 Be provided with training, education and
orientation;
 To refuse unsafe work without threat or
reprisal from the employer in cases of
imminent danger. Affected workers may be
temporarily assigned to other work areas;
 To report accidents and dangerous occurrences
to DOLE-ROs and other government agencies in
the most convenient way; Workers shall be
free from retaliation for reporting any accident;
Safety and Health Training Requirements
❑ All OSH personnel shall undergo the prescribed
mandatory trainings from DOLE-accredited Safety
Training Organizations or its recognized training
institutions .
❑ All workers shall undergo the mandatory 8-hour
OSH seminar as prescribed by DOLE. This training
may be conducted by the company safety officer in a
staggered manner.
❑ Workers performing critical occupations shall
undergo the mandatory competency assessment
and certification by TESDA.
❑ Workers’ OSH seminars and
trainings/orientations required by the employer or
by other regulations in the performance of their task
shall be undertaken at no cost to the worker and
considered as compensable working time.
Workers’ Welfare Facilities
All workers shall have FREE access and use of the
following welfare facilities:
❑ Adequate supply of safe drinking water
❑ Adequate sanitary and washing facilities
❑ Suitable living accommodation as may be
applicable such as in construction, shipping, fishing
and night workers
❑ Separate sanitary, washing and sleeping quarters
for all genders, as may be applicable
❑ Lactation Station
❑ Ramps, railings and the like
❑ Medical Facilities (treatment room/clinic)
❑ Other workers’ welfare facilities as may be
prescribed by the OSH Standards and other
issuances
SESSION 11 – LEGAL ASPECTS IN TOURISM AND
HOSPITALITY FORMALITIES OF ENTRY AND EXIT IN
THE PHILIPPINE

The people’s constitution right to travel is absolute.

Accordingly, the government has the duty to issue
passport or any travel document to any citizen of
the Philippines as long as they comply with the
requirements of the law.
The right to travel is part of the liberty of which a
citizen cannot be deprived without due process of
law and only on clear and compelling grounds of
national security, public health and public safety as
mandated by the Constitution.

A passport is defined as an official document of

identity and nationality issued to a person intending
to travel or sojourn in foreign countries. It is the
property of the government of the issuing authority.
It is not a private property of the person to whom it
has been issued.
Common Types of Passport:
1. Diplomatic passports this are issued for persons
imbued with diplomatic status or are on diplomatic
mission such as the President and former Presidents
of the Republic of the Philippines; the Vice President
and former Vice Presidents of the Republic of the
Philippines; Senate President and Speaker of the
House of Representatives; the chief justice of the
Supreme Court; The Cabinet Secretaries,
undersecretaries and assistant secretary of the
department of foreign affairs; ambassadors foreign
service officers of all ranks in the career diplomatic
service, attachés and members of their families.
2. Official passports - are issued to all government
officials and employees on official trip abroad but
who are not on a diplomatic mission or delegates to
international or regional conferences or has not
been accorded diplomatic status such as the
Undersecretaries and Assistant Secretaries of the
Cabinet other than the Department of Foreign
affairs; Associate Justices and other members of the
Judiciary.
3. Regular Passports - are issued to private persons
who are not eligible to diplomatic or official
passports, including government officials or
employees going abroad for pleasure or other
personal reasons

Philippine Passport
In the Philippines, a passport is a document issued
by the Department of Foreign Affairs certifying the
Philippines citizenship of the holder and is used for
travel purposes.
On the other hand, a travel document is a
certification containing the description and other
personal circumstances of the bearer, issued for
direct travel to or from the Philippines and normally
valid for short periods or for a particular trip. It is
issued only to persons whose citizenship is doubtful
and who fall under the following categories:
1. A Filipino citizen returning to the Philippines who
for one reason or another has lost his/her passport
or cannot be issued a regular passport
2. A Filipino citizen being sent back to the Philippines;
3. An alien spouse of a Filipino and their dependents
who have not yet been naturalized as a Filipino and
who are traveling to the Philippines or is a
permanent resident of the Philippines
4. Aliens permanently residing in the Philippines
who are not able to obtain foreign passport and
other travel documents; and
5. A stateless person who is likewise a permanent
resident or a refugee granted such status or asylum
in the Philippines.
Persons claiming Philippine Citizenship may be
denied entry by immigration authorities upon:
1. A failure of the claimant to establish his Philippine
citizenship:
2. A substantial finding of a fraudulent claim or
misrepresentation of Philippine citizenship; or
3. A doubtful claim of Philippine citizenship.
Visa
A visa is a written endorsement stamped on a travel
document or passport by consular official denoting
that the visa application has been properly
examined and that the bearer is permitted to
proceed the country of his destination.
What is a Philippine visa?
A Philippine Visa is an endorsement made on a
travel document by a consular officer at a Philippine
Embassy or Consulate abroad denoting that the visa
application has been properly examined and that
the bearer is permitted to proceed to the Philippines
and request permission from the Philippine
Immigration authorities at the ports of entries to
enter the country. The visa thus issued is not a
guarantee that the holder will be automatically
admitted into the country, because the admission of
foreign nationals into the Philippines is a function of
the immigration authorities at the port of entry.
Definition of a Foreign Tourist (temporary visitor)
A "foreign tourist" is defined as a person without
distinction as to race, gender, language or religion,
who is proceeding to the Philippines for a legitimate,
nonimmigrant purpose such as sightseeing, sports,
health, family reasons, training or study (excluding
enrollment in schools for the purpose of obtaining a
title or degree), religious pilgrimage, business,
cultural and scientific purposes.
Standard Procedure/Minimum Requirements for
Applying A Temporary Visitor's Visa
Application for a temporary visitor's visa must be
made in person. In the case of a minor under
eighteen (18) years of age, the application may be
made for him by a person who, in the opinion of the
consular officer, is responsible for his/her welfare.
The minor, not an infant in arms, shall be required
to appear at the Consulate for interview, together
with the person making the application for him/her.
Applicants for temporary visitor's visa should
normally apply at the Philippine Embassy or
Consulate that has jurisdiction over their place of
residence. While some visa applicants may apply at
any Philippine Embassy or Consulate abroad, others
are only allowed to apply his/her visa at the
Philippine Embassy or Consulate in his country of
origin or legal residence.
The following are the minimum requirements for
applying a temporary visitor's visa:
1. Passport/Travel Document Valid for at least six (6)
months beyond the intended period of stay in the
Philippines;
2. Duly Accomplished Visa application forms;
3. Passport Photos (2 pieces);
4. Proof of bona fide status as tourist or
businessman;
5. Confirmed tickets for return or onward journey to
the next port of destination; and
6. Payment of Visa Fees
Minor children below 15 yrs. old traveling to the
Philippines Unaccompanied by or not Joining a
Parent in the Philippines
A Waiver of Exclusion Ground (WEG) Under Section
29(a)(12) of the Philippine Immigration Act of 1940,
as amended is required for children below 15 yrs.
old who are traveling to the Philippines
unaccompanied by or not joining his/her parent/s to
the Philippines.
The WEG Order will be issued by the Bureau of
Immigration (BI) at the port of entry upon
submission by the WEG applicant of the following
requirements:
1. Affidavit of consent by either parent or legally
appointed guardian of the child, naming therein the
person who will be accompanying the child to the
Philippines and with whom the child will stay while
in the country. The said Affidavit must be duly
notarized by a local notary public or the consular
officer at the Philippine Embassy or Consulate in the
applicant's country or residence;
2. Clear photocopy of the data page of the child's
passport;
3. Clear photocopy of the data page of the passport
of the accompanying adult or guardian; and
4. Payment of immigration fees (currently, P3,120
per child).
For A Stay Up To 30 Days
Citizens of most countries in the world can enter the
Philippines without a visa for an initial period of 30
days. All you have to do is present your passport,
valid for at least 6 months beyond the contemplated
period of your stay, and your return flight ticket (or
ticket to the next port of destination) upon your
arrival in the Philippines. The return ticket is quite
important, because few airlines will let you board if
you do not have proof of your exit from the Filipino
territory. We also advise that you contact the
Philippine Embassy of your country before your trip
to ensure that the entry formalities have not
changed.
Nationals from the following countries are allowed
to enter the Philippines without a visa for a period of
stay of thirty (30) days or less:
*Brazilian and Israeli nationals are given fifty-nine
(59) days stay based on existing agreements.
The following are allowed to enter the Philippines
without a visa for a stay not exceeding fourteen (14)
days:
1. Holders of Hong Kong Special Administrative (SAR)
passports.
2. Holders of Macau Special Administrative Region
(SAR) passports.
The following are allowed to enter the Philippines
without a visa for a stay not exceeding seven (7)
days:
1. Holders of Macau-Portuguese passports
2. Holders of Hong Kong British passports
Nationals who are subjects of deportation/blacklist
orders of the Department and the Bureau of
Immigration shall not be admitted to the Philippines.
For A Longer Stay
If you wish to stay in the Philippines for more than
30 days, you will need to apply for a tourist visa
before your trip, or have your visa extended in the
Philippines.
Applying For A Visa In Your Home Country
If your trip to the Philippines exceeds 30 days, you
will need to apply for a temporary visitor visa (9A)
prior to your departure at the Philippines Embassy
or Consulate in your country of residence. The visa
issued will allow you to stay in the Philippines 59
days without leaving the country (single entry). It is
also possible to apply for visas for longer periods
and/or several entries, but the conditions may vary.
Extend Your Stay at an Immigration Bureau
If you wish to extend your stay once you are in the
Philippines, you will have to go to a Bureau of
Immigration (BOI), make a request, and pay the
corresponding immigration fees: 3030 Philippine
pesos (about 60 USD) if the request is made at least
one week before the expiry of the visa, and 4040
Philippine pesos (about 80 USD) if the request is
made less than a week before the expiry of the visa.
Who May Apply for Visa on Arrival in the Philippines?
1. Foreign investors and businessmen duly endorsed
by the Board of Investments (BOI), Philippine
Retirement Authority (PRA), Philippine chamber of
Commerce and Industry (PCCI), local business
councils, or local as well as foreign chambers of
commerce and industry;
2. Athletes and delegates to sports competitions,
conventions or exhibitions duly endorsed by its
organizers and/or sponsors;
3. Delegates and participants to, resource speakers
in, international conventions, symposia, conference
and similar gatherings duly endorsed by its
organizers and/or sponsors;
4. Foreign investors and their executives in
investments that are endorsed by the government,
or those resulting from bilateral agreements as well
as those in response to Presidential Invitations for
Investments during presidential trips or State Visits
abroad;
5. Officials of World Bank, Asian Development Bank,
and other international development partners,
including their dependent spouse and unmarried
minor children;
6. Other foreigners who, in the discretion of the
Commissioner, may be entitled to the benefits of
this program.
The Philippine Immigration Act of 1940
Section 10. Non-immigrants must present for
admission into the Philippines an unexpired
passports or official documents in the nature of
passports issued by the government of the countries
in which they owe allegiance or other travel
documents showing their origins and identity as
prescribed by regulations, and valid passport visas
granted by diplomatic or consular officers
Discussion of the Law
Non-immigrants must present unexpired passports
and valid visas prior to their admission into the
Philippines. The Philippine Immigration Act provides
seven visa categories for non-immigrants, namely:
1. temporary visitors,
2. transient
3. seaman
4. treaty trader or treaty investor;
5. foreign government official;
6. student and
7. prearranged employment2
An alien is allowed one immigration visa category at
any given time.
Admission of Aliens under Pre-arranged
Employment
For aliens who wish to engage in gainful
employment in the Philippines, prearranged
employment visas are secured from the Philippine
consular office, upon authorization issued by the
Commissioner of Immigration. An applicant for a
prearranged employment visa must prove the
following jurisdictional facts to the Board of
Commissioners:
a. the nature of the labor or service for which the
visa is desired;
b. no person can be found in the Philippines who is
willing and competent to perform such labor or
service;
c. the length of time of employment;
d. the wages or compensation to be received;
e. the reasons why no other person in the
Philippines can be engaged for such labor or service;
f. certified copies of the contract of employment
g. the reasons why the admission of the applicant
into the Philippines shall be beneficial to the public
interest; and
h. proof of his valid entry and admission in the
Philippines.
Admission under the Balikbayan Program
A Balikbayan shall mean a Filipino citizen who has
been continuously out of the Philippines for a period
of at least one (1) year, a Filipino overseas worker,
or a former Filipino citizen and his family who had
been naturalized in a foreign country and comes or
returns to the Philippines. Those bearing foreign
passports, with the exception of restricted nationals,
shall be allowed, among others, visa-free entry to
the Philippines for a period of one (1) year.
Philippine Immigration Policy on Non-immigrant
Chinese
Shifts in Philippine foreign policy towards China in
recent years have resulted in significant changes in
immigration guidelines towards five (5) major
classes of Chinese, namely:
(1) People's Republic of China (PROC);
(2) Special Administrative Region (SAR) of Hong
Kong-China;
(3) SAR of Macau-China;
(4) Certificate of Identity (C.1.) holders;
(5) Republic of China (Taiwan-Taipei {Formosa})
They are now allowed under:
(a) temporary visitor or business visas with multiple
entry visas for up to six months
(b) They may even be issued visas without prior
authorization from the Department of Foreign
Affairs, provided, they submit the following
requirements:
1. Duly accomplished Visa Application Form;
2. Passport valid for six months beyond the period of
authorized stay in the Philippines;
3. Valid entry visa to the next port of destination or
re-entry to the country of origin or residence;
4. Confirmed return onward passage ticket; and
5. Such other requirements as may be deemed
necessary by the consular officer.
Chinese are now allowed an initial stay of 59 days,
whether for travel individually or in groups.
Philippine Immigration Policy on Indians
Temporary visitor visas are available to Indian
nationals provided:
(a) They apply for a visa from their country of origin
(India) or from their place of legal or permanent
residence, if they are no longer permanently
residing in India; or
(b) Those who have been previously issued a
temporary visitor visa may apply for a visa from any
Philippine Embassy or Consulate in a third country, if
they have not been subsequently denied a visitor's
visa, blacklisted or deported from the Philippines.
Philippine Student Visa under Section 9F of the
Philippine Immigration Act of 1940
An alien admitted into the Philippines under any visa
category may apply in the Bureau of Immigration for
the change/conversion of his admission status to
that of a student pursuant to EO 188.
The student shall submit the following documentary
requirements through the designated school's
Liaison Officer who will hand carry them under a
letter cover typewritten on the school's official
stationery signed by the school's registrar and
stamped with the school's official dry seal:
1. Written endorsement from the school for the
change/conversion of the admission status of the
alien to that of a student enclosing the following
supporting documents
(a) Original copy of the Notice of Acceptance
containing the clear impression of the school's
official dry seal;
(b) Original copy of the Certificate of Eligibility for
Admission issued by the Commission on Higher
Education (CHED) for Medicine and Dentistry
students;
(c) Proof of adequate financial support to cover
expenses for the student's accommodation and
subsistence, as well as school dues and other
incidental expenses
(d) Scholastic records duly authenticated by the
Philippine Foreign Service Post located in the
student's country of origin or residence; and
(e) Police clearance certificate issued by the National
Police Authorities in the student's
(f) Country of origin or residence duly authenticated
by the Philippine Foreign Service
(g) Post has consular jurisdiction over the place for
student residing in the Philippines for less than one
(1) month.
2. The alien whose admission status is
changed/converted to that of a student shall be
granted an initial 1 year authorized stay as a student
(a) Said authorized stay may be extended by the
Bureau of Immigration by semester subject to the
following documentation requirements:;
(b) Application form duly accomplished by the
student;
(c) Two pieces 2x2 photograph;
(d) Photocopy of the photo, data, and stamp of the
latest arrival pages of the
(e) Passport of the student or Certificate of identity;
(f) Transcript of Records signed by the Dean or
Registrar or any representative of the school with its
seal for first extension only. No need for the same
on the second or succeeding extensions
(g) Grades of the previous semester both for first
and succeeding extensions;
(h) Photocopy of the Alien Certificate of Registration,
Certificate of Residence
(i) Explanation by the student and confirmed by the
School Registrar or Dean in case the student took
less than the required normal/ regular full load per
semester as follows:
o undergraduate-at least 15 units; and
o graduate student-at least 12 units.
The following foreign students are exempted from
securing student visa/special study Permit
(a) Aliens who have a valid Special Investor Resident
Visa;
(b) Aliens who have a valid Special Resident Retiree
Visa;
(c) Permanent Foreign Residents (Immigrants);
(d) Personnel of foreign diplomatic and consular
missions; and
(e) Personnel of the duly accredited international
organizations residing in the Philippines such as the
Asian Development Bank, International Rice
Research Institute, and special agencies of the
United Nations.
Special Resident Retiree Visa
All foreign nationals below 50 and at least 35 years
of age are required to deposit the amount of
US$75,000 with any bank shortlisted by the
Philippine Retirement Authority. Those aged 50 and
above are required to deposit the amount of
US$50,000. A deposit amount of US$50,000 shall be
required from an applicant who is at least 35 years
of age and belongs to any of the following:
1. Retired military personnel of governments
recognized by the Philippines;
2. Former members of foreign diplomatic corps, who
have served for at least three (3)years in their
respective posts; and
3. Retired officers and employees of international
organizations such as the United Nations and its
affiliate agencies, the World Health Organization,
World Bank, International Monetary Fund,
International Labor Organization and other similar
organizations
All aliens who are at least 35 years old, and who
intend to reside in the Philippines, either as a
resident or a retiree, may secure a special resident
retiree's visa. This allows:
1. Non-immigrant status with multiple reentry
privileges;
2. Customs duties and tax exemptions for the
importation of personal effects,
3. appliances and household furniture valued at
US$7,000;
4. Exemption from exit clearance and reentry
permits
5. Travel tax exemption, except if the retiree stayed
in the Philippines for more than one year from his
latest date of entry;
6. Use of the requisite time deposit into active
investments, including the purchase of
condominium units and proprietary golf
membership shares;
7. Conversion of foreign currency time deposits to
Philippine currency (but the interest shall be subject
to withholding tax);
8. Tax-free remittances to the Philippines of
pensions and annuities;
9. Guaranteed repatriation of the requisite deposit,
including invested profits, capital gains and
dividends accrued from investments, subject to
Bangko Sentral ng Pilipinas regulations; and
10. Exemption from student and special study
permit requirements
What is the difference between a Treaty Trader
from Treaty Investor?
A treaty trader is a foreigner who is entering the
Philippines solely to carry on substantial trade or
commerce between the Philippines and the country
of which he is a national pursuant to an existing
treaty of commerce and navigation.
A treaty investor is a foreigner who seeks admission
for the purpose of developing and directing the
operations of an enterprise in the Philippines where:
(a) he has invested or is actively in the process of
investing a substantial amount of capital; or where
(b) his employer has invested or is actively in the
process of investing a substantial amount of capital,
provided that such employer is a foreign person or
organization of the same nationality as the applicant
and that the applicant is an overall supervisor or
executive.
Subic Special Investors Visa under R.A. 7227
Foreign nationals, not categorized as "restricted as
determined by the Department of Foreign Affairs,
visiting the Subic Freeport Zone for business and/or
tourism purposes may be allowed to enter all ports
of entry of the Zone and stay therein without a visa
for a maximum period of 14 days: Provided that
upon arrival, they present their passports,
Certificates of Identity or travel documents valid for
at least six months beyond the intended stay in the
Zone and confirmed onward flight tickets.
Foreign nationals who enter the Zone shall be
subject to the following restrictions:
a. They shall leave or depart from the Philippines
only through the Subic Bay International Airport
b. They shall not be allowed outside the Secured
Area of the Zone, except to visit areas outside the
Secured Area but within the Zone, Provided that
they are escorted by BI officers and/or Subic Bay
Metropolitan Authority (SBMA) officers duly
deputized by the Bl.
c. For those who intend to visit areas outside the
Zone and/or extend their stay in the Zone for any
reason beyond the 14-day period must secure visa
waiver from the Department of Foreign Affairs,
provided that upon securing such visa waiver, the
restrictions as provided herein shall no longer be
applicable.
Special Economic Zone Visa under R.A. 7916
Any investor within the ECOZONE whose initial
investment shall not be less than US$150,000.00,
his/her spouses and dependent children under 21
years of age shall be granted permanent resident
status within the ECOZONE They shall have the
freedom of ingress and egress to and from the
ECOZONE without any need of special authorization
from the Bureau of immigration.
The PEZA shall issue working visas renewable every
two years to foreign executives and other aliens,
possessing highly technical skills that no Filipino
within the ECOZONE possesses, as certified by the
Department of Labor and Employment. The names
of aliens granted permanent resident status and
working visas by the PEZA shall be exported to the
Bureau of Immigration within 30 days after the
issuance thereof Employment of foreign nationals
hired by ECOZONE enterprises in a supervisory,
technical or advisory capacity shall not exceed five
percent (5%) of its workforce without the express
authorization of the Secretary of Labor and
Employment "Special economic zones" hereinafter
referred to as the ECOZONES, are selected areas
with highly developed or which have the potential to
be developed into agro-industrial, industrial tourist/
recreational, commercial, banking investment and
financial centers. An ECOZONE may contain any or
all of the following industrial estates, export-
processing zones, free trade zones and tourist
recreational centers.
Special Clark Economic Zone Visas under Executive
Order No. 80 (s. of 1993) and Executive Order No. 80
(s. of 1993)
Foreign nationals, not categorized as restricted as
determined by the Department of Foreign Affairs,
visiting the Clark Ecož.one for business and/or
tourism purposes may be allowed to enter all ports
of entry of the Clark Eco zone and stay therein
without visa for a maximum period of 14 days;
provided, that upon arrival, they present their
passports, certificates of authority or travel
documents, valid for at least 6 months beyond the
intended stay in the Clark Eco Zone and confirmed
onward fight tickets.
Aliens admitted in the Clark Eco Zone may be
permitted to visit areas within the Clark Eco Zone
but outside the Main Zone, such as the Sub-Zone,
for business or tourism purposes subject to the
following condition
(a) In so far as practicable, the Bureau of
Immigration (BI) shall be duly informed by the alien
or is not possible, the Clark Development
Corporation (CDC) shall be informed in writing
(b) The Alien concerned shall be escorted by
authorized BI personnel; and
(c) At least one Bi Officer shall be detailed to escort
every group of not more than 10 visiting subject to
the following conditions:
Any alien admitted in the Zone may extend his
temporary stay beyond the 14-day limit to visit areas
outside the Zone; provided, however, that the alien
shall secure a visa waiver from the BI, upon written
endorsement from the CDC.
Any foreign investor who establishes a business
enterprise within the Zone and who maintains a
capital investment of not less than $150,000.00 shall
be granted, along within his or her spouse,
dependents, and unmarried children below 21 years
of age, a permanent resident status within the Zone.
Such foreign investor and his/ her spouse,
dependents, and unmarried children below the age
of 21 years, shall have the freedom of ingress and
egress to and from the Zone without need of any
special authorization from the Bureau of
Immigration
Likewise, the Cagayan Economic Zone Authority
(CEZA) shall issue working visas renewable every
two years to foreign executives arid foreign
technicians with highly specialized skills that no
Filipino possesses, as certified by the Department of
Labor and Employment
Investor in Tourist-Related Project or Tourist
Establishment under Executive Order No. 63
The investor, his wife, and unmarried minor children
shall be permitted to enter and reside in the
Philippines as special investor residents for as long
as the investment of US$50,000 subsists. Provided
that
1. They have not been convicted of a crime involving
moral turpitude
2. They are not affected with any loathsome,
contagious or dangerous disease, and
3. They have not been institutionalized for any
mental disorder or disability;
4. Provided further that said investor visits the
country at least twice a year and stays in the country
at least 7 days for each visit. The said investor, his
spouses and unmarried children shall be issued a
multiple entry special investors resident visa to
enter and leave the Philippines without further
documentary requirements other than valid
passports or other travel documents in the nature of
passports. They shall be exempted from payment of
alien immigration and registration fees and from
securing alien certificates of registration
Should the investor withdraw his investment from
the Philippines or transfer his investment to any
other area without the prior approval of the
Committee created therein, the special investors
residents visas issued to him, his wife and unmarried
minor children may be revoked by the Philippine
Government.
Additional Requirements Prior to Entry
For non-immigrants, a valid ticket for a return
journey to the country of origin or to the next
country of destination is required for presentation.
Certificates of Residence must be secured by the
following categories of non-immigrants from the
Bureau of Immigration:
(a) temporary visitors; (b) students; and (c)
prearranged employment.
Foreigners entering as non-immigrants may also be
required to register in accordance with the
provisions of the Alien Registration Act as follows:
a. Any alien who is in the Philippines at the time of
the approval of the Alien Registration Act and who is
14 years of age or more and will remain in the
Philippines for 30 days or longer;
b. Any alien who enters the Philippines after
approval of the Alien Registration Act of 1950 and
who is 14 years of age or more and who will remain
in the Philippines for 30 days or longer provided that
this provision shall not apply to an alien admitted
into the Philippines for 60 days or longer;
c. Every parent or legal guardian of any alien child
who is in the Philippines at the time of the approval
of the Alien Registration Act of 1950 and who is
below 14 years of age and will remain in the
Philippines for 30 days or longer;
d. Every parent or legal guardian of any alien child
who enters the Philippines after the approval of said
Act and who is below 14 years of age and who will
remain in the Philippines for 30 days or longer,
provided however, that this provision shall not apply
to an alien child admitted into the Philippines as a
temporary visitor or transient, unless said child will
remain in the Philippines for 60 days or more;
e. Every parent or legal guardian of any alien child
boom in the Philippines; and;
f. Whenever an alien attains his 14th birthday in the
Philippines.
Lastly, it is imperative for government medical
officers, immigration officers and the board of
special inquiry to conduct a sufficient medical
examination of all aliens arriving in the Philippines.
Such examination is focused on physical and mental
health, or may extend on the inquiry on the
character of the arriving alien. Any alien who fails to
meet the health and character standards established
by immigration laws, rules and regulations for entry
and admission shall be excluded under Section 29 of
the Immigration Law.
Extension of Authorized Period Of Stay In The
Philippines
In case of a temporary visitor's visa holder whose
stay in the Philippines will exceed the authorized
period of stay, he/she will have to report to the
Bureau of Immigration, secure an extension of stay
and pay the corresponding immigration fees.
Information on fees for extension of stay and other
Immigration fees are available at the Bureau of
Immigration website (www.immigration.gov.ph).
Overstaying
Overstaying is a serious matter for anyone who’s
looking to visit the Philippines. Much like how
Filipinos get deported when they overstay with a
tourist visa overseas, any foreign national caught
overstaying will get deported.
You’re an overstaying national if you’ve exceeded
the maximum number of days your visa allows. This
poses a problem, though, as 163 countries are
allowed visa-free entry into the Philippines for
anywhere between seven to 59 days.
Out of these 163 countries, only Brazilians and
Israelis are allowed to stay for 59 days without a visa.
Anyone who wants to stay beyond 59 days will have
to be brought up with the Bureau of Immigration
(BI); otherwise, you’ll be sent home packing, no
questions asked.
You won’t be able to get away with overstaying in
the Philippines since you’ll be deported and
blacklisted, i.e. you’ll never be able to go back in the
country again. If you want your Black List Order (BLO)
lifted, you’ll have to file a letter of request
addressed to the Commissioner of the BI. It’s best to
get assistance from an immigration lawyer to have
this arranged for you.
What to do if you’re about to Overstay?
If you’re about to be tagged as overstaying, there’s
really only one thing you can do: go to nearest
immigration office or the BI main office seven days
before your visa expires and settle everything that
needs to be settled (fees and documents).
The process will depend on the length of your stay,
but the most you can extend is 6 months. You can
still stay in the Philippines without actually
extending your stay for 6 months as long as your
passport remains valid, but you’ll already be tagged
as overstaying the moment it goes beyond what
your visa or visa-free entry allows.
As most foreign nationals visiting the country are
from countries that do not require a visa for a visit
of at most 30 days, we’ll put a focus on getting a
Visa waiver, issued to tourists who want to request
for an initial extension of 29 days.
Note: Before you proceed to the Bureau of
Immigration to process your visa extension, please
go through this checklist of documentary
requirements for a tourist visa extension.
1. Fill out and submit a completely filled-out
application form and attachments together with the
passport to the frontline officer at the BI Main Office,
Magallanes Dr., Intramuros, Manila or visit the
nearest immigration office that processes an
“Extension of Authorized Stay of Temporary
Visitors”.
2. If you do not have any derogatory records, you’ll
be issued a BI Clearance Certificate. If you have a
derogatory record, you’ll be asked to go to the
Verification and Certification Unit for Clearance.
3. Once cleared, secure an Order of Payment Slip
and proceed to the Cashier for payment. You have
to pay a total of p3,030, broken down as follows:
o Visa waiver – P500
o Visa waiver application fee – P1,000
o Certification fee – P500
o Legal Research Fee (LRF) for each immigration fee
except Head Tax and Fines –
P30
o Express Fee – P1,000
4. Submit the Official Receipt with the application
form, attachments, and passport to the
receiving/assessment officer.
5. Once all your requirements are verified, your
passport will be stamped with your requested
extension of stay.
If you want to go beyond 59 days, you should get a
Long-Stay Visitor Visa Extension, or LSVVE. The
process is similar to getting a visa extension, but it
will involve a much higher fee of P11,500, broken
down as follows:
o Extension fee – P3,010
o Application fee – P910
o ACR – P1,010
o Head Tax – P250
o ECC – P710
o Certification fee – P510
o I-Card – P2,100
o Express Lane Fee – P1,500
o Express Lane Fee (Certificate) – P1,000
o Express Lane Fee (I-Card) – P500
Fine for overstaying is at P500 per month. You’ll also
be charged an additional P500 if you go beyond the
maximum allowable stay or if you’ve overstayed for
more than 6 months to get a Motion for
Reconsideration on Updating and Extension of
Authorized Stay.
Exclusion of Foreigners
Section 29. The following classes of aliens shall be
excluded from entry into the Philippines:
1. ldiots or insane persons and persons who have
been insane;
2. Persons afflicted with a loathsome or dangerous
and contagious disease, as epilepsy
3. Persons who have been convicted of a crime
involving moral turpitude
4. Prostitute, or procurers, or persons coming for
any immoral purpose
5. Persons likely to become public charge
6. Paupers, vagrants, and beggars
7. Persons who practice polygamy or who believe in
or advocate the practice of polygamy
8. Persons who believe in or advocate the overthrow
by Force and violence of the Government of the
Philippines, or of constituted law and authority or
who disbelieve in or are opposed to organized
government, or who advocate the assault or
assassination of public officials because of their
office, or who advocate or teach principles, theories,
or ideas contrary to the Constitution of the
Philippines or advocate or teach the unlawful
destruction of property., or who are members of or
affiliated with any organization entertaining or
teaching such doctrines;
9. Persons over fifteen years of age. physically
capable of reading who cannot read printed matter
in ordinary use in a language selected by the alien,
10. Persons who are members of a family
accompanying an excluded alien, unless in the
opinion of the Commissioner of Immigration no
hardship would result from their admission
11. Persons accompanying an excluded person who
is helpless from mental or physical disability or
infancy, when the protection or guardianship of such
accompanying person or persons is required by the
excluded person, S shall be determined by the
Commissioner of Immigration, if otherwise
admissible;
12. Children under fifteen years of age,
unaccompanied by a parent, except that any such
children may be admitted in the discretion of the
Commissioner of Immigration, if otherwise
admissible
13. Stowaways, except that any stowaway may be
admitted in the discretion of the Commissioner of
immigration, if otherwise admissible;
14. Persons coming to perform unskilled manual
labor in pursuance of a promise or offer of
employment, express or implied, but this provision
shall not apply to persons bearing passport visas
authorized by section twenty of this Act; as
amended by Republic No. 503, Sec.10]
15. Persons who have been excluded or deported
from the Philippines, but this provision may be
waived in the discretion of the Commissioner of
Immigration: Provided, however, that the
Commissioner of Immigration shall not exercise his
discretion in favor of aliens excluded or deported on
the ground of conviction for any crime involving
moral turpitude or for any crime penalized under
sections forty to forty-six of this Act or on the
ground of having engaged in hoarding, black-
marketing or profiteering unless such aliens have
previously resided in the Philippines immediately
before their exclusion or deportation for a period of
ten years or more or are married to a native Filipino
woman; LAs amended by Republic Act No.503, Sec.
10
16. Persons who have been removed from the
Philippines at the expense of the Government of the
Philippines, as indigent aliens, under the provisions
of section fortythree of this Act, and who have not
obtained the consent of the Board of Commissioners
to apply for readmission; and
17. Persons not properly documented for admission
as may be required under the provisions of this Act.
International law affords sovereign states absolute
discretion to determine whether or not an alien is
disqualified for entry into its territory. As a general
rule, an alien's fitness for entry depends on whether
he or she possesses a risk to the general welfare. If
an alien's entry will threaten national security,
public safety, public health and public morals, then
the state can declare such alien as being ineligible
for entry.
Deportation of Foreigners
Section 37. (a) The following aliens shall be arrested
upon the warrant of the Commissioner of
Immigration or of any other officer designated by
him for the purpose and deported upon the warrant
of the Commissioner of Immigration after a
determination by the Board of Commissioners of the
existence of the grounds for deportation as charges
against the alien.
1. Any alien who enters the Philippines after the
effective date of this Act by means of false and
misleading statements or without inspection and
admission by the immigration authorities at a
designated port of entry or at any place other than
the designated port of entry: As amended by
Republic Act No. 503, Sec. 13
2. Any alien who enters the Philippines after the
effective date of this Act, who was not lawfully
admissible at the time of entry;
3. Any alien who, after the effective date of this Act,
is convicted in the Philippines and sentenced for a
term of one year or more for a crime involving moral
turpitude committed within five years after his entry
to the Philippines, or who, at any time after such
entry, is so convicted and sentenced more than once
4. Any alien who is convicted and sentenced for
violation of the law governing prohibited drugs: as
amended by Republic Act No. 503, Sec. 13]
5. Any alien who practices prostitution or is an
inmate of a house of prostitution or is connected
with the management of a house of prostitution, or
is a procurer,
6. Any alien who becomes a public charge within five
years after entry from causes not affirmatively
shown to have arisen subsequent to entry;
7. Any alien who remains in the Philippines in
violation of any limitation or condition under which
he was admitted as a non-immigrant;
8. Any alien who believes in, advises, advocates or
teaches the overthrow by force and violence of the
Government of the Philippines, or of constituted law
and authority or who disbelieves in or is opposed lo
organized government, or who advises, advocates or
teaches the assault or assassination of public
officials because of their office, or who advises,
advocates, or teaches the unlawful destruction of
property, or who is a member of or affiliated with
any organization entertaining, advocating or
teaching such doctrines, or who in any manner
whatsoever lends assistance, financial or otherwise,
to the dissemination of such doctrines;
9. Any alien who commits any of the acts described
in sections forty-five of this Act, independent of
criminal action which may be brought against him:
Provided, that in the case of alien who. For any
reason, is convicted and sentenced to suffer both
imprisonment and deportation, said alien shall first
serve the entire period of his imprisonment before
he is actually deported: Provided, however, that the
imprisonment may be waived by the Commissioner
of immigration with the consent of the Department
Head, and upon payment by the alien concerned of
such amount as the Commissioner may fix and
approved by the Department Head; Paragraph
added pursuant to Republic Act No.144, Sec. 3
10. Any alien who, at any time within foe years after
entry, shall have been convicted of violating the
provisions of the Philippine Commonwealth Act
Numbered Six hundred and fifty-three, otherwise
know as the Philippine Alien Registration Act of
1941(now Alien Registration Act of 1950, Republic
Act No. 562, as amended) or who, at any time after
entry, shall have been convicted more than once of
violating the provisions of the same Act;
11. Any alien who engages in profiteering, hoarding,.
or black-marketing, independent of any criminal
action which may be brought against him;
12. Any alien who is convicted of any offense
penalized under Commonwealth Act Numbered
Four hundred and seventy-three, otherwise known
as the Revised Naturalization Laws of the Philippines,
or any law relating to acquisition of Philippine
citizenship; Added pursuant to Republic Act No. 503,
Sec. 13]
13. Any alien who defrauds his creditor by
absconding or alienating properties to prevent them
from being attached or executed.
The above charges are grounds for deportation
under the Philippine Immigration Act.
Deportation is the expulsion of a foreigner from the
territory of a State. It contemplates a foreigner who
initially gained legal entry, admission or residence in
a country but whose presence therein has become
untenable because of some serious infractions of
the municipal law of such country.
The right of the state to admit aliens includes the
right to expel them. The right is absolute and
unqualified. The power to deport aliens is an
attribute of sovereignty, and is based on the
accepted maxim of international law that every
sovereign nation has the inherent power to forbid
the entrance of foreigners within its dominions.
Deportation of foreigners may be effected in two
ways: (1) by order of the President, after due
investigation, pursuant to the old 1917
Administrative Code, Section 69; and (2) through the
Commissioner of Immigration upon
recommendation by the Board of Commissioners
under the Philippine Immigration Act of 1940,
Section 37 (a).
In our jurisdiction, the power to deport lies with the
President of the Philippines or through its
authorized agent (i.e., Commissioner of
Immigration). The power to deport is plenary in
nature and is free from any interference on the part
of judicial power.
No alien shall be deported without being informed
of the specific grounds for deportation nor without
being given a hearing under rules of procedure to be
prescribed by the Commissioner of Immigration. In
deportation proceeding involving the entry of an
alien the burden of proof shall be upon the alien to
show that he entered the Philippines lawfully, and
the time, place, and manner of such entry, and for
this purpose he shall be entitled to a statement of
the facts in connection with his arrival as shown by
any record in the custody of the Bureau of
Immigration"
Guidelines On Departure Formalities For
Internationalbound Passengers In All Airports And
Seaports In The Country
Pursuant to Republic Act No. 9208, otherwise known
as the “Anti-Trafficking in Persons Act of 2003”, and
its Implementing Rules and Regulations, Republic
Act No. 8042, otherwise known as the “Migrant
Workers and Overseas Filipinos Act of 1995”, as
amended by Republic Act No. 10022 and other
related laws, the following guidelines, providing for
definite parameters in the strict enforcement of
immigration departure formalities intended for the
prevention of trafficking in persons, illegal
recruitment, and other related offenses, are hereby
promulgated for strict implementation/compliance
by all concerned:
I. TOURIST TRAVELERS
A traveller intending to go abroad with a
tourist/temporary visitor’s visa shall be subjected to:
1. Primary Inspection - During primary inspection,
the following documents shall be required from a
traveller: Passport, Visa when required, Round-trip
Ticket
2. Secondary Inspection
2.1 The Bureau of Immigration shall conduct a
secondary inspection of a traveller, when deemed
necessary, for the purpose of protecting vulnerable
victims of human trafficking and illegal recruitment
and other related offenses, through the assessment
of the following circumstances:
o Age and educational attainment
o Financial capability to travel
o If not financially capable to travel, an
authenticated affidavit of support, indicating therein
the relationship within the 4th civil degree of
consanguinity or affinity, together with the
supporting documents, may be entertained
2.2 Any passenger/traveller who will be subjected
for secondary inspection shall be required to
accomplish the Bureau of Immigration Border
Control Questionnaire (BCQ) to be furnished by the
Immigration Officer.
2.3 However, the following shall automatically be
subjected to secondary inspection:
o Travelers without financial capacity to travel
escorted/accompanied by a foreigner who is not
related;
o Minor traveling alone or unaccompanied by either
parent or legal guardian without the required travel
clearance from the Department of Social Welfare
and Development (DSWD);
o Partners and spouses of foreign nationals
intending to depart to meet and/or marry his/her
fiancé without the CFO Guidance and Counselling
Certificate;
o Passengers traveling to counties with existing
deployment bans, alert levels and travel advisories
and those in possession of a visas to the said
countries; and
o Passengers who stayed abroad for more than one
(1) year during a previous departure from the
country as a tourist/temporary visitor, intending to
depart for the second and/or subsequent time.
2.4 Clarificatory questions may be propounded
relating to the above-mentioned
documents/purpose by the Bureau of Immigration.
2.5 A traveler found to be misrepresenting the
purpose of his/her travel as tourist shall not be
cleared for departure.
II. OVERSEAS FILIPINO WORKERS
1. First Time Overseas Filipino Workers
1.1 Travelers under this classification shall present
the following documents as validated by the Labor
Assistance Center (LAC):
o Passport
o Visa
o Airline/Sea craft Tickets
o Overseas Employment Certificate (OEC)
1.2 Allowable Visa Usage (Based on POEA Rules and
Regulations) Should there be any discrepancy in the
actual job position/job title in the visa and in the
Overseas Employment Certificate, travel may
nevertheless be allowed provided that the POEA
through its LAC, has validated and approved the
variance based on the following:
o The visa category is related to the workers’
position or in line with the principal’s nature of
business;
o The recruitment agency executes an Undertaking
on Visa Usage; and
o The worker is aware of the visa discrepancy
situation and has executed a Declaration of
Awareness and Consent.
2. Balik-manggagawa/ Returning Workers
The following OFWs fall under the category of
BalikManggagawa/Returning Workers:
o Worker-on-Leave – a worker who is on vacation or
on leave from employment under a valid and
existing employment contract and who is returning
to the same employer, regardless of any change in
jobsite, to finish the remaining unexpired portion of
the contact.
o Rehire – a worker who was rehired by the same
employer after finishing his/her contact and who is
returning to the same employer, regardless of a
change in jobsite.
o POLO registered worker – a returning worker
whose employment contact was not processed with
the POEA but was subsequently verified and
registered with the Philippine Overseas Labor Office
(POLO) in the jobsite and who is returning to the
same employer either as a worker-on-leave or rehire,
regardless of any change in jobsite. Same
employer/principal refers to the current employer of
the worker at the time he/she came home for
vacation and to whom he/she is returning to resume
employment upon return to jobsite.
III. IMMIGRANT OR PERMANENT RESIDENT VISA
1. Filipino emigrants/residence visa or permit
holders / permanent resident card holders Travelers
falling under this visa category shall present the
following documents for primary inspection:
o Passport
o Permanent residence visa / immigrant visa /
permanent residence card
o CFO Emigrant registration sticker
o Airline/Sea Craft ticket
2. Filipino spouses and other partners of foreign
nationals travelers falling under this visa category
shall present the following documents for primary
inspection:
o Passport
o Permanent residence permit or visa / immigrant
visa / permanent residence card
o Guidance and Counselling Certificate
o CFO Emigrant registration sticker
o Airline/Sea Craft Ticket
3. Filipino J1 visa holders or Exchange Visitor
Program Participants Departing for the USA
Travelers falling under this visa category shall
present the following documents for primary
inspection:
o Valid passport
o Valid J1 visa for USA
IV. SPECIAL CASES
1. FOR FINAL INTERVIEW/QUALIFYING EXAM
Workers to undergo final interview/qualifying exam
as required by their prospective employers shall
present the Philippine Overseas Employment
Administration’s (POEA) Special Exit Clearance. In
the absence of thereof, passengers shall not be
cleared for departure.
2. ON THE JOB TRAINING
Travelers intending to depart to another country for
the purpose of on-the-job training shall present the
following additional documents:
o School certification on the need for on-the-job
training
o Acceptance by the host company
o iCertificate of Overseas Training by the
Commission on Higher Education (CHED)
3. For relatives requesting for compassionate visit to
an irregular worker abroad, a certification from
Department of Foreign Affairs (DFA-OUMWA) must
be secured.
4. Passengers who intend to depart for intra-
company trainings abroad for less than three (3)
months shall present an invitation from the host
company reflecting the duration, entitlements,
travel and other incidental expenses; while those
exceeding three (3) months shall present the
corresponding Trainorship Agreement containing all
the above data.
V. GENERAL GUIDELINES
1. Travelers presenting fake/fraudulent passports,
documents, immigration stamp shall be confiscated
by the BI without prejudice toany other action that
may be taken against said passenger.
2. The Bureau of Immigration shall turn-over the
confiscated passports and other fake/fraudulent
documents to the DOJ-IACAT for appropriate action.
3. Passengers who were not cleared for departure
by reason of vulnerability to trafficking, illegal
recruitment, or other related crimes, shall be
immediately turned over by the Bureau of
Immigration to the IACAT Task Force or to
designated agency/ies for mandatory services
provision, such as temporary shelter, legal
assistance, or psycho-social interventions, and for
more in-depth information-gathering.
Travel Tax
The travel tax is a levy imposed by the Philippine
government on individuals who are leaving the
country irrespective of the place where the air ticket
is issued and the form or place of payment, as
provided for by Presidential Decree (PD) 1183, as
amended.
Pursuant to Section 73 of Republic Act No. 9593,
fifty percent (50%) of the proceeds from travel tax
collections shall accrue to the TIEZA, forty percent
(40%) shall accrue to the Commission on Higher
Education (CHED) for tourism-related educational
programs and courses, and ten percent (10%) shall
accrue to the National Commission for Culture and
Arts (NCCA).
Who pays the Full Travel Tax?
1. Citizens of the Philippines
2. Taxable Foreign Passport Holders
3. Non-immigrant foreign passport holders who
have stayed in the Philippines for more than one (1)
year
Requirements:
1. Original Passport
2. Airline Ticket
3. Full Travel Tax Rates: First Class Passage:
P2,700.00 / Economy Class Passage: P1,620.00
Reduced Travel Tax
Who may avail of the Standard Reduced Travel Tax?
What are the requirements?
1. Minors (from 2 years and one (1) day to 12th
birthday on date of travel) – must show original
passport
2. Accredited Filipino journalist whose travel is in
pursuit of journalistic assignment – must show
Certification from the Office of the Press Secretary
and Certification from the passenger’s editor or
station manager that he/she is an accredited
journalist
3. Those authorized by the President of the Republic
of the Philippines for reasons of national interest –
must submit Written authorization from the Office
of the President expressly entitling the passenger to
the reduced travel tax
Note: This privilege is granted if the dependent is
traveling to the OFW’s worksite. (visit
https://tieza.gov.ph/travel-tax/reduced-travel-tax/
for complete list of requirements)
1. Legitimate spouse of an Overseas Filipino Worker
(OFW)
2. Unmarried children of an OFW whether legitimate
or illegitimate who are below 21 years of age
3. Children of OFWs with disabilities even above 21
years of age
Who may be exempted from paying the Travel Tax?
The following Filipino citizens are exempted from
the payment of travel tax pursuant to Sec. 2 of PD
1183, as amended:
1. Overseas Filipino workers
2. Filipino permanent residents abroad whose stay
in the Philippines is less than one year
3. Infants (2 years and below)
4. There are other individuals qualified to avail of
exemption. Please see complete list below. Visit
TIEZA website for requirements. Note: In all cases,
you will be required to bring your Original Passport.
a) Foreign Diplomatic and Consular Officials and
Members of their Staff
b) Officials, Consultants, Experts, and Employees of
the United Nations (UN) Organization and its
agencies
c) United States (US) Military Personnel including
dependents and other US nationals with fares paid
for by the US government or on US Government-
owned or chartered transport facilities
d) Crewmembers of airplanes plying international
routes
e) Philippine Foreign Service Personnel officially
assigned abroad and their dependents
f) Officials and Employees of the Philippine
Government traveling on official business (excluding
Government-Owned and Controlled Corporations)
g) Grantees of foreign government funded trips
h) Bona-fide Students with approved scholarships by
appropriate government agency
i) Personnel (and their dependents) of multinational
companies with regional headquarters, but not
engaged in business, in the Philippines
j) Those authorized by the President of the Republic
of the Philippines for reasons of national interest
k) As provided under R.A. 6768, Balikbayans whose
stay in the Philippines is less than one (1) year
l) As provided under R.A. 6768, Family members of
former Filipinos accompanying the latter