Legal Aspects of Tourism and Hospitality

Legal Aspects of Tourism and Hospitality

• Philippine Constitution (1987), Section 16, Article II: The state protects and advances the right of the people to a balanced and healthful ecology, in harmony with nature.
• Philippine Constitution (1987), Article XII: All lands, public domain, waters, minerals, coal, petroleum, mineral oils, energy sources, fisheries, forests, wildlife, flora and fauna, and natural resources are owned by the state.
• Philippine Environmental Policy (PD1151) (1977): Aims to create and improve conditions for both humans and nature to thrive, meet the needs of present and future Filipinos, and ensure an environment conducive to a dignified life.

Department of Environment and Natural Resources (DENR)

• DENR is the primary agency for conservation, management, development, and proper use of the country's environment and natural resources.
• Objectives: Ensure availability and sustainability of natural resources, increase productivity of natural resources to meet growing population demands, and enhance the contribution of natural resources to national development.

Philippine Environmental Laws

• Presidential Decree (PD) 1586: Establishes an Environmental Impact Statement System (EIS) for maintaining the balance between environment and socioeconomic development. Projects in environmentally critical areas must prepare an EIS.
• Republic Act (RA) 8749: Clean Air Act of 1999
• Republic Act (RA) 9275: Clean Water Act of 2004
• Republic Act (RA) 9003: Philippine Ecological Solid Waste Management Act of 2000
• Republic Act (RA) 9512: Environmental Awareness and Education Act of 2008

Environmental Compliance Certificate (ECC)

• Required for businesses to operate in the Philippines to ensure they won't negatively affect the environment.
• Issued by DENR/EMB if an ECC application is positive.
• Certifies that the project or undertaking won't severely affect the environment.
• Requirements include compliance with the EIS system, IEE checklists and commitments to implement the approved environmental management plan.
• ECCs are issued within 30 workdays

Pollution Control Officer (PCO)

• A PCO is responsible for environmental protections and compliance, with the goal of preserving resources.

Pollution

• Any alteration of physical, chemical, or biological properties of water, air, or land resources can cause harm. Pollution control aims to mitigate damage and improve environmental quality.

Clean Air Act (RA 8749)

• Outlines a comprehensive air quality management policy and aims to establish healthy air quality in Philippines.
• Addresses controlling air pollutants through appropriate regulations.

PD 984 National Pollution Control Decree (1976)

• Prohibits the disposal of harmful substances into air, water, and land.

RA 9275 (Philippine Clean Water Act of 2004)

• Protects water resources from pollution.
• Includes multi-stakeholder collaborations and comprehensive water management strategies.

RA 9003 (Philippine Ecological Solid Waste Management Act of 2000):

• Establishes systematic, comprehensive and ecological solid waste management programs to protect public health and the environment.
• Features include:
  • establishment of NSWMC, NEC, NSWMB
  • 10-year SW plans by LGU
  • mandatory waste segregation
  • waste collection, transport and protection of garbage collectors
  • reclamation programs
  • eco-labeling and anti-environmentally unacceptable products

Environmental Impact Assessment (EIA)

• A process to identify and predict impacts of projects and programs on the environment and human health.
• Important for evaluating project significance and associated costs for environmental conservation.

Environmental Critical Areas

• Includes areas declared as national parks, watershed reserves, wildlife preserves, sanctuaries, areas for aesthetic potential tourist spots, areas for species and habitats.

Non-Critical Projects/Undertakings

• Projects that do not meet the criteria for environmentally critical areas and are not subject to the requirements of the Environmental Impact Assessment process.