Laws-regulating-Accommodation-Establishments.pdf

LAWS REGULATING ACCOMMODATION ESTABLISHMENTS  LEARNING OUTCOMES 2 At the end of this module, you will: 1. Identify the laws affecting the accommodation sector 2. Explain how quality and safety standards are maintained by hotels and similar establishments by meeting minimum...

LAWS REGULATING ACCOMMODATION ESTABLISHMENTS  LEARNING OUTCOMES 2 At the end of this module, you will: 1. Identify the laws affecting the accommodation sector 2. Explain how quality and safety standards are maintained by hotels and similar establishments by meeting minimum requirements of the law  INTRODUCTION In assessing the state of competitiveness of Philippine tourism vis-a-vis its major ASEAN neighbors, the study utilized the results of the rankings made by the world travel and Tourism Council (WTTC) on the basis of eight (8) criteria -price competitiveness, human tourism, infrastructure, environment, technology, openness, and social and human resources Philippines only got the highest rank in: - HUMAN RESOURCE DEVELOPMENT - PRICE COMPETITIVENESS - INFRASTRACTURE 3  NATURE AND DESCRIPTION OF THE BUSINESS 4 The Law Business entities engaged in the operation of tourist accommodation establishments may be organized as a single proprietorship, a partnership or a corporation.  NATURE AND DESCRIPTION OF THE BUSINESS 5 A. Hotel B. Resort is used for the regular any place or places with reception , accommodation pleasant environment and or lodging of travelers atmosphere conducive to and tourists and the comfort, healthful relaxation and provision of services rest,offering food, sleeping incidental there to for a accommodation and recreational facilities to the public for a fee fee. or remuneration.  NATURE AND DESCRIPTION OF THE BUSINESS 6 C. Tourist Inn D. Apartel a lodging establishment any building or edifice catering to transients containing several independent which does not meet the and furnished or semi-furnished minimum requirements of apartments, regularly leased to an economy hotel tourists and travelers for dwelling in a more or less long- term basis and offering basic services to its tenants, similar to hotels.  NATURE AND DESCRIPTION OF THE BUSINESS 7 E. Pension House F. Motorist Hotel or Motel a private or family- any structure with several operated tourist boarding separate units, primarily house, tourist guest house located along the highway or tourist lodging house, with individual or common employing non- parking space at which motorists may obtain lodging and , in professional domestic some instances, meals. helpers  1 Discussion of the Law Hotels are hereby classified into the following categories, namely: a. De Luxe Class (previously known as 5-star category) b. First Class (previously known as 4-star category) c. Standard Class (previously known as 3-star category) d. Economy Class (previously known as 2-star category  Classification of hotels is based on a number of criteria such as: 9 ◈ a. Location ◈ b. Bedroom Facilities and Furnishings (with emphasis on dimensions) ◈ c. Front Office/Reception Service ◈ d. Housekeeping Standards ◈ e. Food and Beverage Service ◈ f. Recreational Facilities (Swimming pool, golf/ squash/gym facilities)  Classification of hotels is based on a number of criteria such as: 10 ◈ g. Engineering and Maintenance ◈ h. Service and Staff ◈ i. General Facilities (such as roof garden, spacious common terrace, ◈ parking space and valet service, conference room, banquet hall, barber ◈ shop, DOT-accredited travel agency, beauty parlor, sundry shop, security and ◈ medical clinic) ◈ j. Special facilities (such as limousine service, business center, and airport transfers)  “ RESORT Resorts may be categorized as beach resort (located along the seashore), inland resort (located within the town proper or city), island resort(located in natural or man-made island within the internal waters of the Philippine Archipelago), lakeside or riverside resort (located along or near the bank of a lake or river), and mountain resort (located at or near a mountain of hill and theme parks). 11  1 Resorts shall be classified as follows: a. Class AAA; b. Class AA; c. Class A; and d. Special Interest Resort.  Classification of resorts is based on: 13 ◈ a. Location and Environment; ◈ b. Parking ◈ c. Facilities and Room Accommodation; ◈ d. Public Washrooms; ◈ e. Sports and Recreational Facilities; ◈ f. Conference/Convention Facilities; ◈ g. Employee Facilities; ◈ h. Lounge and Reception Counter; and ◈ i. Lighting, Furnishings or Ventilation.  RULES ON THE OPERATION AND MANAGEMENT OF RESORTS 14 a. Sanitation measures shall be adopted in accordance with the standards prescribed under P.D. 856 Code on Sanitation of the Philippines b.All resorts shall provide the services of a sufficient number of well- trained lifeguards duly accredited by either the Philippine National Red Cross, the Water Life Saving Association of the Philippines or any recognized organization training or promoting safety objectives, and adequate security whenever there are guests. c.All resorts shall provide the services of a physician, either on-call or on full-time basis, depending on their volume of operation and accessibility to hospital or medical centers.  RULES ON THE OPERATION AND MANAGEMENT OF RESORTS 15 d. There shall be placed on a beach or lakeside resort an adequate number of buoys which shall be spread within the area to be determined by the resort owner or keeper as safe for swimming purposes, and in compliance with existing government regulations and/or local ordinances on the placing of such buoys. e. Precautionary measures 1. In no case shall the resort management allow swimming at the beach front beyond 10:00 pm and appropriate notice shall be posted to inform the resort guests of this regulation.  RULES ON THE OPERATION AND MANAGEMENT OF RESORTS 16 2.Night swimming at the pool shall be allowed only if there are adequate lifeguards on duty and when the pool premises are sufficiently lighted. 3.Management shall post sufficient and visible signs in strategic areas in the resort or at the beach to warn guests/customers of the presence of artificial or natural hazards, danger or occurrences there at.  RULES ON THE OPERATION AND MANAGEMENT OF RESORTS 17 f. Prohibited acts and practices 1.No pets or animals shall be allowed to bathe/swim along beaches. Likewise, pukot fishing and washing of fish nets shall be strictly prohibited in beach resorts. 2.Resort owners shall prohibit ambulant vendors from peddling their wares within the resort premises in order to provide their guests a certain degree of privacy to enable them to relax and enjoy their stay thereat.  RULES ON THE OPERATION AND MANAGEMENT OF RESORTS 18 3. Littering in resort shall be strictly prohibited. Resort owners shall keep their premises clean and shall adopt their own anti-littering measures. 4.Without prejudice to existing ones, no resort shall be established or constructed within a radius of five (5) kilometers from any pollution- causing factory or plant.  “ MOTORIST HOTEL (MOTEL) Aside from complying with the minimum requirements for the establishment, operation and maintenance of a motel, all motels are required to keep a Motel Registry Book stating the following particulars: a. Full name b. Address c. Number, date and place of issue of Residence Certificate Class A or Driver's License, or Passport. 19  ACCREDITATION OF ACCOMMODATION ESTABLISHMENTS BY THE DEPARTMENT OF 20 TOURISM By virtue of the Tourism Act of 2009," accommodation establishments, being classified as Primary Tourism Enterprises are required to be accredited by the Department of Tourism. I  VALIDITY OF CERTIFICATE OF 21 ACCREDITATION The Certificate of Accreditation shall be valid for a period of three (3)year from the date of issue, unless sooner revoked by the Department GROUNDS FOR CANCELLATION OF ACCREDITATION Any of the following acts, omissions or offenses shall constitute 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;  GROUNDS FOR CANCELLATION OF 22 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; d. Allowing or permitting the establishment of its facilities to be used for illegal, immoral or illicit activities; and e.Violation of or non-compliance with any of the provisions of the rules, promulgated orders, decisions and circulars issued by the Department and other concerned agencies.  RESPONSIBILITIES OF ACCOMMODATION 23 ESTABLISHMENTS Accommodation establishments must exercise due diligence, not only in the selection of its employees, but also in serving the needs of its customers. Failure to do so warrants the Conclusion that the management had been remiss in complying with the obligations imposed upon hotelkeepers under the law. Under Article 1170 of the New Civil Code, those who in the performance of their obligations, are guilty of negligence, are liable for damages. As to who shall bear the burden of paying damages.  NATIONAL BUILDING CODE OF THE 24 PHILIPPINES The National Building Code of the Philippines (P.D. 1906, February 19,1977) was adopted in view of the country's accelerating economic and physical development coupled within urbanization and population growth. The National Building Code of the Philippines (NBCP) contains up-to-date and modern technical knowledge on building design, construction, use, occupancy and maintenance.  Discussion of the Law 25 The following laws, rules and regulations are vital in enforcing the National Building Code of the Philippines, to wit; 1. Code on Sanitation of the Philippines (P.D. 856) The law provides that no establishment shall be operated and opened for public patronage without a sanitary permit issued by the Secretary of Health or his duly authorized representative. Under said law, such establishments must provide adequate water supply, toilet and bath facilities, shall be kept clean at all times, and with periodic insect and vermin control measures to eradicate vectors of diseases.  Discussion of the Law 26 2. Ecological Solid Waste Management Act of 2000 (R.A. 9003) The law provides for the minimum standards for solid waste management, as well as penalties for violation thereof. 3. Fire Code of the Philippines (P.D. 1185) The law requires owners, administrators or occupants of buildings, structures and their premises or facilities and other responsible persons to comply with the following, as may be appropriate:  Discussion of the Law 27 4. Philippine Environnemental Code (P.D. 1152). The law provides forth minimum standards for air quality management, water quality management, land use management, natural resources management and conservation, and waste management. 5. Environmental Impact System (P.D, 1586) and its Implementing Rules and Regulations (AO 2003-30) by the Department of Environment and Natural Resources Under the law, no person, partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President of the Philippines through the Department of Environment and Natural Resources.  Discussion of the Law 28 6.Rules and Regulations to Govern the Accreditation of Hotels,Tourist Inns, Apartels, Resorts, Pension Houses and OtherAccommodation Establishments by the Department of Tourism(DOT, August 26, 1992). This involves the minimum requirements for the operation, establishment and maintenance of accommodation establishments in order to be accredited by the Department of Tourism. Accreditation by the Department of Tourism, although not mandatory in nature, increases the marketability of a tourism establishment 7. The Law to Enhance Mobility of Disabled Persons (B.P. 344) and its Implementing Rules and Regulations. Under the law, no license or permit for the construction, repair or renovation of public and private buildings for public use shall be granted or issued unless the owner or operator thereof shall install and incorporate in such building or establishment such architectural facilities or structural features as shall reasonably enhance the mobility of disabled persons such as sidewalks, ramps, railing and the like.  BUILDING PERMITS SECTION 301. BUILDING PERMITS 29 NO PERSON, FIRM OR CORPORATION INCLUDING ANY AGENCYOR INSTRUMENTALITY OF THE GOVERNMENT SHALL ERECT,CONSTRUCT, ALTER, REPAIR, MOVE, CONVERT OR DEMOLISH ANY BUILDING OR STRUCTURE OR CAUSE THE SAME TO BE DONEWITHOUT FIRST OBTAINING A BUILDING PERMNIT THEREFORE FROMTHE BUILDING OFFICIAL ASSIGNED IN THE PLACE WHERE THE SUBJECT BUILDING IS LOCATED OR THE BUILDING WORK IS TO BE DONE. SECTION 302. APPLICATION FOR PERMITS IN ORDER TO OBTAIN A BUILDING PERMIT, THE APPLICANT SHALL FILE AN APPLICATION THEREOF IN WRITING AND ON THEPRESCRIBED FORM WITH THE OFFICE OF THE BUILDING OFFICIAL.EVERY APPLICATION SHALL PROVIDE AT LEAST THE FOLLOWING INFORMATION:  DOT Memorandum Circular No. 2006-09,Series of 2006 30 Adoption of Safety and Security Measures in Hotels, Resorts, another Similar Accommodation Establishments 1.Guests' visitors and joiners shall be registered. The guest booking/information sheets shall be properly accomplished and verified through valid official documents, like passport, company ID, driver’s license, Social Security System, etc.; and 2.Efficient recording of information on vehicles (make/model , color, plate number and name for taxicabs) ferrying tourists/guests to and from the hotel shall be provided.  SECURITY AND SAFETY 31 DOT Memorandum Circular No. 2006-09 Series of 2006 (August 23,2006) constitutes the Adoption of Safety and Security Measures in hotels, resorts, and other similar accommodation establishments. The following constitutes guidelines on safety and security measures: 1.Guests visitors and joiners shall be registered. The guest booking/information sheets shall be properly accomplished and verified through valid official documents, like passport, company ID, driver's license. 2. Efficient recording of information on vehicles (make/model, color, plate number and name tor taxi cabs) ferrying tourists/guests to and from the hotel shall be provided; 3. Efficient ID system for all personnel shall be established; 4. Proper selection of manpower and security personnel shall be conducted; 5. Security spotters shall be provided to monitor the movement and other activities of guests/visitors, hotel staff and loiterers etc.  WASTE MANAGEMENT 32 Under Presidential Decree No. 1152, also known as the Environmental Code of the Philippines (June 6, 1977), the dumping or disposal of solid wastes into the sea and any body of water in the including shorelines Philippines, and river banks, where these wastes are likely to be washed into the water is and might be a ground prohibited," for the non-renewal of license to operate within the local government unit concerned. Accordingly, every waste management program shall include the following: a. an orderly system of operation consistent with the needs of the area concerned; b. a provision that the operation will not create pollution of any kind or will constitute public nuisance; c. a system for a safe and sanitary disposal of waste; d.a provision that existing plans affecting the development, use and protection of air, water or natural resources shall be considered; e. schedules and methods of implementing the development, construction and operation of the plan together with the estimated costs;  ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 33 Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person: a.To take photo or video coverage of a person or group of persons performing sexual act to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, pubic area, buttocks or female breast without the consent of the person/s involved; b.To copy or reproduce such photo or video or recording of sexual act or any similar activity; c. To sell or distribute, Such photo or video or recording of sexual act; or d. To publish or broadcast, such sexual act or any similar activity through VCD/DVD, Internet, cellular phones and other similar means or device