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LAWS REGULATING THE MICE(MEETING ,

INCENTIVES,CONVENTIONS,AND EVENTS)
SECTOR

Chapter 7
Meetings, incentives. conventions. and events (MICE) are
part of the tourism sector. A major though often undervalued
sector of the wider tourism Industries chapter deals with the
laws regulating professional congress organizers
encompassing other names applied to the profession. e.g.,
event planners and com pampers, This will also discuss the
accreditation requirements by the Department Tourism (DOT).
Nature and Description of Business
The Law

Convention. A gathering or the purpose of exchanging or disseminating views,


technical expertise, experiences, knowledge, skills, information, policies or any 01
Related activity. It does not include corporate meetings or events when participants are
limited to company personnel only. The term shall include any of the following:

Conference. Usually general sessions and face-to-face groups with participants


to plan, getfacts, solve organization and member problems.
Congress. More commonly used European designation and international in
scope.
Seminar Usually one face-to-face group sharing experiences in a particular field
under the guidance of an expert discussion leader. Attendance is 30 persons or less
Lecture. A Formal presentation by an expert sometimes followed by a question and answer
period.
Symposium. A panel discussion by experts in a given field before audience with some
audience participation but appreciably less than a forum
Forum. A panel discussion taking opposite sides of an issue by givenfield with liberal
opportunity for audience participation.
Workshop. Usually general session and face-to-face groups of part training each Other
to gain new knowledge. skills or insights into attendance generally no more than 30-35
participants.
Colloquium. A in which the participants determine the matter to be discussed. The
leaders would then construct the program around the most frequent problems; usually attended
by 35 persons or less with equal emphasis on instruction and discussion.
Professional Congress Organizer (PCO). Any person, natural or juridical, who manages
conventions, either as an official of an organization, consultant, volunteer or as a retained
professional.
Trade shows and events may be organized by a professional
congress organizer, for purposes of accreditation by the DOT. Think of
the professional congress organizer (PCO) or event planner as a well-
connected meeting-planner-for hire. This type of specialist is common
outside the U.S., especially in European cities. A PCO or event planner
can take over the site-selection process for you, negotiate with hotels and.
other suppliers, handle accounting matters and on-site logistics, advice on
tax matters, and shepherd paperwork.
The following may apply for accreditation as PCO under the DOT:
a. A resident Filipino citizen;

b. Partnership organized under the laws of the Philippines, at least 60% of


the capital of which is owned by Filipino citizens; and
c. Corporations organized under the laws of the Philippines, at least
60%

of its subscribed common or voting shares of stocks being owned by


Filipino citizens and composition of its Board of Directors being at
least 60% Filipino.
Accreditation of Professional Congress Organizers

The following are the requirements for the issuance of accreditation by the DOT:
a. In case of a single proprietorship, a business name certificate, and all amendments
thereto; in the case of partnership or corporations, a certified true copy of the
articles of partnership/incoréoration and its by-laws and
b. complete list of its executive officers and employees, indicating therein
nationality,home addressa and their positions
c. Contract of lease or contract to lease the office space intended for use eof the PCO

d. Mayor's permit/municipal license;

e. Latest Income Tax Return and Audited Financial Statements reflecting


minimum working capital of one hundred thousand Pesos (P 100,00;
f. Such other documents that the Department may retire from time to time ,
Such other documents that the Department may retire from time to time ,
The PCO must also be located in a business district and must be easily
identifiable.
The certification of accreditation shall be valid for a period of one (l)
year from the date of its issuance by the DOT.427
Under the Tourism Act of 2009,428 meetings, conventions, and
exhibition organizers' and facilities are classified as Primary Tourism
Enterprises.

Tourism Enterprises shall be periodically required to obtain accreditation from the


DOT as to the quality of their facilities and standard of services.
Law

Art. 266-A of RA 8353. Rape. When and How Committed. Rape is Committed:
I) By a man who has carnal knowledge of a woman under any of the following
circumstances:xxx
(c) By means of fraudulent machination or grave abuse of authority. (Revised
Penal Code, as amended by the Anti-Rape Law of 1997, Republic Act No.
8353).
Discussion of the Law
It appears that rape may be committed as long as the following elements are

1) That the offended party is a woman;


2) That the offender is a man who has carnal knowledge (or sexual intercourse) of
the woman; and
3) That the offender employed fraudulent machination or grave abuse Of authority.
"Grave abuse of authority" may be characterized as the use of excess of Power or
abuse of confidence. A judge in a beauty contest having carnal knowledge
of one of the contestants may constitute grave abuse of authority and constitute
rape.
The Law
Section 4, Acts in Persons. // shall be unlawful for natural or juridical, to
commit any of the following activities

(d) To undertake or organize x x x activities for the purpose Of utilizing offering


personsforprosti/u/ion, pornography or sexual exploitation. (e) To maintain or hire a
person to engage in prostitution of pornography
x. x x and
(g) To adopt or facilitate the adoption of persons for the purpose prostitution,
pornography, sexual exploitation, x x x.431
Discussion of the Law
Trafficking in persons refers to the recruitment, of persons with or
without the victim's consent or knowledge, within or across national borders,
by means of fraud deception, abuse of power or of position taking advantage
of the vulnerability of the person, or, the giving or receiving of payments or
benefits to achieve the consent of a person having control over another person
for the purpose of exploitation which includes at a minimum, the exploitation
or the prostitution of others or other forms of sexual exploitation.
Sexual exploitation refers to participation by a person in prostitution or the
production of pornographic materials as a result of being subjected to deception,
abuse of authority, fraud or through abuse of a victim's vulnerability.

Pornography refers to any representation, through publication, exhibition,


cinematography, indecent shows, information technology, or by whatever means,
of a person engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a person for primarily sexual purposes.
References:

IR, Rules and Regulations to govern the of accreditation Travel and


Tour Services.
Section 13, Rules and Regulations to Govern the Accreditation of Travel
and Tour Services.
Section 15, Rules and Regulations to Govern the Accreditation Of
Travel and Tour Services.
R.A. 9593, May 1232009.
See Articles 1884 and 1887, Civil Code of the Philippines.q

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