Accommodation Establishments and Tourism Law

Laws Regulating Accommodation Establishments

• Business entities in the tourist accommodation sector can be single proprietorships, partnerships, or corporations.

Types of Accommodation Establishments

• Hotel: A building used for regular traveler lodging and services for a fee
• Resort: A place with a pleasant environment for relaxation, offering food, lodging, and recreation for a fee
• Tourist Inn: A lodging option catering to transients, not meeting the standards of an economy hotel
• Apartel: A building with furnished apartments leased for long-term stays, offering basic hotel-like services
• Pension House: A family-operated tourist house with lettable rooms and shared facilities, catering to tourists
• Motorist Hotel/Motel: A structure with separate units along a highway, providing lodging and sometimes meals for motorists

Accreditation by the Department of Tourism (DOT)

• Under the Tourism Act of 2009, accommodation establishments are classified as Primary Tourism Enterprises.
• Primary Tourism Enterprises must be accredited by the DOT
• Those seeking accreditation must file a duplicate application with the DOT

Requirements Checklist for DOT Accreditation

• DOT Accreditation Application Form must be completed
• A Valid Mayor's Permit/Business Permit
• For single proprietorships, a valid DTI Business Name Certificate
• For corporations/partnerships, Securities and Exchange Commission (SEC) Registration Certificate and Articles of Incorporation and its By-Laws are required
• A notarized list of all officials and employees, including their office designation and nationality
• Additional documents that the DOT may need
• Valid work permits and visas for foreign employees
• Valid General Liability Insurance Policy with minimum coverage of Php500,000.

DOT-Accredited Establishments: Relevant Provisions

• Section 34 mandates that the Certificate of Accreditation be displayed in a visible location

Certificate of Accreditation: Transferability and Validity

• Section 35 states accreditation rights are non-transferable
• The Certificate remains valid for one year, unless revoked by the DOT

Grounds for Accreditation Cancellation

• Providing false statements to obtain accreditation
• Non-compliance with accreditation conditions
• Failure to meet operational standards
• Allowing illegal activities on the premises
• Violating DOT rules, orders, or circulars

National Building Code of the Philippines

• Presidential Decree 1096
• The code addresses building design, construction, occupancy, and maintenance.

General Building Requirements

• Buildings must adhere to safe construction principles and be suitable for their intended purpose
• Manufacturing buildings must include environmental safeguards
• Buildings must be maintained in a safe, sanitary, and good condition

Site Requirements

• Building sites must be sanitary, hygienic, and safe
• Sites intended for human habitation need to be at a safe distance from pollution sources and potential hazards

Building Permits

• Erecting, constructing, or altering any building requires a building permit from the Building Official

Building Official Responsibilities

• Ensuring applicants meet zoning, land use, structural design, and safety requirements

Building by Occupancy

• Buildings must have direct access to a public space, yard, or street

Fire Resistance

• Exterior walls need fire resistance and opening protection

Group B Occupancies

• Accommodation establishments belong to Group B Occupancies
• Group B Occupancies consist of multiple dwelling units including boarding/lodging houses, hotels, and apartment buildings
• Group B Occupancies accommodate more than ten persons under the National Building Code

Light and Ventilation Requirements

• Buildings must be designed for adequate light and ventilation
• Buildings should face a street, public alley or a private street

Window Openings

• Rooms must have windows equaling 10% of the floor area, opening to a court, yard, street, or watercourse

Minimum Ventilation Requirements

• Rooms above grade, like kitchens and laundries, require at least ten air changes per hour

Easement Requirements

• Light and ventilation refer to unobstructed natural light and air circulation

Sanitation

• Buildings must have potable water, plumbing, wastewater treatment, stormwater drainage, pest control, and noise abatement

Water Supply

• Potable water must be supplied from municipal systems or meet national standards if from underground sources

Sanitary Sewage

• Building sewage must go into street sewers, following sanitation codes and Environmental Management Bureau criteria

Buildings Without Sewerage Systems

• Buildings without available sanitary sewerage systems should dispose of wastewater through septic tanks

Building Construction Requirements

• Buildings need rat proofing, garbage bins, and pest control

Other Standards

• Dining rooms for public use should have artificial ventilation

Presidential Decree 856

• No establishment can operate without a sanitary permit from the Secretary of Health
• Public patronage requires a sanitary permit
• Adequate water supply
• Toilet and bath facilities must be clean
• Periodic pest and vermin control measures must be in place

Additional Standards for Facilities

• Animals and pets shall be housed in kennels separate from living quarters
• Employees must have health certificates
• Clean linens for customers at all times
• Rooms and toilets must be sanitized between occupancies

Ecological Solid Waste Management Act of 2000

• Republic Act 9003
• Provides minimum standards for waste management

Fire Code of the Philippines

• Presidential Decree 1185
• Fire safety inspections are required
• Owners must implement fire safety programs

Philippine Environmental Code

• Presidential Decree 1152
• Sets standards for air, water, and land quality

Environmental Impact System

• Presidential Decree 1586 and AO 2003-30
• Environmentally critical projects, such as hotels/resorts in aesthetic tourist spots, require an Environmental Compliance Certificate

DOT Rules and Regulations

• Governs accreditation of hotels, tourist inns, etc.
• Accreditation increases marketability, although it is not mandatory

Law to Enhance Mobility of Disabled Persons

• Batas Pambansa Blg. 344
• Requires facilities enhancing mobility for disabled persons in public buildings

Responsibilities of Accommodation Establishments

• Accommodation establishments must demonstrate due diligence in their services and staff selection

Legal Liabilities

• Negligence leads to liability for damages
• Employers can be liable for employee negligence
• Establishment owners can be held jointly liable for employee negligence

Registration of Guests and Occupants

• Guests must be registered in hotels and inns

New Civil Code

• Governs deposits by travelers
• Keepers are responsible for guest deposits, provided notice is given and precautions are taken

Liability of Hotelkeepers

• Hotelkeepers are liable for losses or damages in hotel rooms and annexes
• Posting notices does not waive liability
• Effects do not need to be directly delivered to innkeepers or employees

Limiting Liability

• Limiting liability is void

Hotelkeeper Liability

• Extends to losses caused by servants, employees, or external parties
• Extends to losses caused by thieves or robbers without the use of arms and irresistible force

Exemptions From Liability

• Losses are caused by force majeure/major events
• Losses are due to acts of the guest, its family, servants, or visitors

DOT Memorandum Circular No. 2006-09

• Institutes safety and security measures
• Guest registration is required, verified with valid documents.
• Record-keeping for vehicles is also required

Anti-Photo and Video Voyeurism Act of 2009

• Republic Act No. 9995
• It penalizes unauthorized photo or video capture of private activities

Waste Management According to Presidential Decree No. 1152

• Dumping waste into waters is prohibited
• Waste management programs are required for provinces, cities, and municipalities

Republic Act 9003

• Ecological Solid Waste Management Act of 2000
• It Enacted to encourage establishments to invest in ecological solid waste management

Laws Regulating Restaurants

• Restaurants are classified under Secondary Tourism Enterprises
• Restaurants are establishments offering refreshments and/or meals, including bars and pubs
• Accreditation is voluntary for secondary tourism enterprises meeting DOT standards to increase marketability

Minimum Requirements for DOT Accreditation

• Location must have proper access and designed facade.
• Adequate and secured parking must be provided free
• Receptionists must usher guests
• Waiting lounges with telephones need to be provided

Dining Rooms Minimum Requirements

• Dining rooms must be well-furnished, adequate in size, and have flooring kept clean
• Atmosphere must be pleasant
• Cuisine must meet quality and presentation standards
• Menus must be presentable, clean, and easy to read
• Tables must have clean tablecloths and good quality cloth napkins
• SilverWare must be kept polished and clean at all times.
• Service and Staff need to be well-trained, well-groomed, efficient, and courteous
• Bar has to be well-stocked
• Comfort Rooms should have functioning fixtures, running water, and sanitary conditions.
• Kitchen needs to be hygienic and well-equipped
• Lighting must be adequate in dining rooms and public areas.
• Air-conditioning/Ventilation must be effective in main rooms and function rooms
• Maintenance should be performed for all sections of the restaurant
• Fire-fighting Facilities are required

Food Safety Act of 2013

• Republic Act 10611
• Strengthening food safety regulations
• Food business operators are required to be knowledgeable about food law

Operation Standards for Business

• Follow good practices
• If food is unsafe, operators must withdraw products and notify authorities.
• Operators must allow inspections

Protection of Consumer Interests

• Geared towards the prevention of practices that mislead the consumer
• Prevention of practices that include adulteration, misbranding, and other fraudulent activities that may mislead the consumer
• Presentations must enable informed choices

Activities That Are Unlawful

• Producing or importing non-compliant or banned food products
• Refusal to provide records or entry for inspection officers
• Failure to comply with a recall order
• Operating a food business without proper authorization

Laws Regulating Alcohol Sales: The National Internal Revenue Code

• Imposes excise taxes based on alcohol content

The Local Government Code

• Each local government unit is authorized to enact ordinances to prevent public drunkenness and juvenile delinquency
• Regulations can influence license revocation

Laws Regulating Caterers

• Caterers supply food for events or social functions
• They can be any business structure organization and they must meet sanitation codes
• FCAP provides support and professionalization for catering businesses

Benefits of FCAP Membership

• Networking opportunities
• Business expansion through events
• Opportunities to learn ideas and educational programs
• A way to keep abreast of the latest trends
• Standards of food service is raised to greater heights

Crimes in Tourism-Related Establishments

• Governed by the Revised Penal Code

Poisoning

• Article 264: Administering of injurious substances incurs applicable penalties to serious physical injuries

Physical Injuries

• Article 265: Less serious physical injuries incapacitate victims for 10+ days. Article 266: Slight physical injuries get arresto menor

Vandalism (Malicious Mischief)

• Article 327: Someone who cause damage of another's property will be guilty.
• -Article 328: Special cases involves damaging cultural properties, which will result in punishment.
• Article 331: Destroying or damaging statuses, public monuments, and paintings- a person will suffer the penalty.

Swindling (Estafa)

--Article 315: An individual who defrauds another through false pretenses before the fraud will be punished

• Food or accomodations that are obtained without payment, without the intent to defraud the proprieter or manager

Theft

• Article 308: A person who intends to gain without violence or intimidation, who takes personal property of another without consent. --Article 310: the severity of the crime will be more severe if the crime committed has grave abuse of confidence.