Laws Regulating Tourist Transportation 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.
What is the role of transportation in tourism?
The transport industry has gained a vital place in the global network system and is one of the most
important components of the tourism infrastructure. It now becomes easier for people to travel from one
place to another because of the various modes of transportation available. Tourism expands more when
there are better transportation systems.

Legal Classification of Carriers

1. Common carrier
○ A 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.
○ Other aspects of the carrier/shipper relationship are made a part of the contract 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 Private Carrier

Holds himself out in common that is to all persons Agrees in some special cases with some private
who choose to employ him as ready to carry for individual to carry for hire.
hire.

Bound to carry for all who offer such goods as it is It is not bound to carry for any reasons unless it
accustomed to carry and tender reasonable. enters a special agreement to do so.

It is for public service and subject to regulation. Not for public and not subject to regulation.

Required to exercise extraordinary diligence. 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:
Dangwa Transportation Co. v. Court of Appeals (G.R. No.95582, 07 October 1991)
● A passenger attempted to ride the bus and was able tostep on its platform but was run over by
the rear right tiresof the vehicle and eventually died because the driver’ssudden 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?
Case Scenario:
The Court held the common carrier liable for damages ratiocination that the victim, by stepping and
standing on the platform of the bus, is already considered a passenger and is entitled to all the rights and
protection pertaining to such a contractual relation even though he had not been issued a ticket and
gained a seat. Thus, the carrier failed to observe the diligence required of it when its driver did not make a
full stop to allow the passenger to board the bus. The Court also ruled that once a public utility bus stops,
it is in effect making a continuous offer to bus riders. Therefore, it becomes the duty of the driver and the
conductor, every time the bus stops, to do no act that would have the effect of increasing the peril to a
passenger while he was attempting to board the same. Such rule equally applies to all common carriers
transporting passengers by land such as taxis, jeepneys, tricycles,FX, and public vans.

Period Wherein the Degree of Extraordinary Diligence Should End:

1. The extraordinary responsibilities of the common carrier last 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 SC 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.
Case Scenario:
The Court likewise ruled against the common carrier and held that the presence of said passengers near
the bus was not unreasonable and they are, therefore, to be considered still as passengers of the carrier,
entitled to the protection under their contract of carriage. Moreover, it explained that the carrier-passenger
relationship is not terminated merely by the fact that the person transported has been carried to his
destination if, for example, such person remains in the carrier’s premises to claim his baggage

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 AirCarriers according to Warsaw Convention?

● Air carrier is presumptively liable for all damage to cargo unless the airline shows not at fault or
the shipper is negligent
● Air Carrier is liable for death or bodily injury resulting from accident aboard the aircraft or in
boarding and disembarking
● Air Carrier is liable for Cargo Loss or Damage unless due toinherent defect, defective packaging
not by carrier, act of war orarmed conflict, act of public authority, negligence of shipper
● Air carrier is liable for baggage loss of the passenger
What is Carriage of Goods by Sea (COGSA)? What are the liabilities under COGSA?
 ● Carrier must use diligence in providing seaworthy vessel at beginning of voyage. Carrier is not
liable for damage due to fire, storms and negligence in navigating or managing ship
● Delivery of Damage Cargo – carrier must give written notice to carrier at port of discharge
● Carrier is not liable for perils of sea
● Shipper is liable for inherently shipping dangerous goods when neither shipper nor carrier had
actual knowledge of the danger

Enforcing Warsaw Convention

● Suits can only be brought in countries that are signatories
○ 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
○ Must file notice for cargo or baggage damage – notify within 7 days of receipt of
checked luggage; 14 days for receipt of cargo
○ Delay of baggage or cargo – notify in writing no later than 21 days from date of actual
delivery
○ Must file suits against air carrier within two years

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 damage 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.
Civil Aeronautics Board
The CAB regulates the economic aspect of air transportation.
● It supervises and regulates, has jurisdiction over air carriers, sales and cargo agents, air freight
forwarders.
● Fixes and determines reasonable individual, joint or special rates, charges or fares which an air
carrier may demand, collect or receive for any service in connection with air commerce.
● CAB is authorized to grant any foreign airline increase in frequencies and or capacities on
international routes, when in judgment the national interest requires it.
● In charge of air commerce of the country which means and includes air transportation for pay or
hire, navigation of aircraft for business.
● Certificate of Public Convenience and Necessity (CPCN) – permit issued by CAB authorizing a
person to engage in air commerce, whether foreign or domestic. It specifies:
○ Terminal and intermediate points between which the air carrier is authorized to operate
○ Time of arrival and departure at each point
○ Frequency of flights
● No carrier should abandon any routes or part for which CPCN was issued, unless it is for the
public interest.
Civil Aviation Authority of the Philippines
The CAAP, formerly ATO, is an agency under the Department of Transportation (DOTr)
● It is the national aviation authority of the Philippines, responsible for implementing policies on civil
aviation to assure safe, economic andnefficient air travel.
● The agency also investigates aviation accidents via its Aircraft Accident Investigation and Inquiry
Board.
Department of Transportation Responsible for the maintenance and expansion of viable, efficient and
dependable transportation system as effective instruments for national recovery and Economic. It is
responsible for the country’s land, air and sea infrastructure
Land Transportation Franchising and Regulatory Board Responsible for promulgating, administering,
enforcing and monitoring compliance of policies, laws and regulations of public land transportation
services
Land Transportation Office Responsible for optimizing the land transportation service and facilities and
to effectively implement the various transportation laws, rules and regulations.
Philippine National Railways It forms the backbone of all Metro Manila’s regional
services which extends to its suburbs and provinces.
Metro Rail Transit Authority / Light Rail Transit Authority A private consortium responsible for the
maintenance of the MRT and LRT system.
Maritime Industry Authority Responsible for integrating the development, promotion and regulation of
the maritime industry of the country.
Philippine Coast Guard Involved in the broader enforcement of maritime laws in the country especially
against smuggling, illegal fishing and drug trafficking. It is also involved in Maritime Search and Rescue
missions, as well as the protection of maritime environment.
Philippine Ports Authority Government entity specially charged with the financing, management and
operations of public ports throughout the Philippine

The Freedoms of the Air

The International Civil Aviation Organization (ICAO) is the UN oversight agency responsible for
commercial aviation. It was established during the 1944 Chicago Convention on International Civil
Aviation. ICAO set out five rights of aviation, otherwise known as the Freedoms of the Air. There are an
additional four that, though not officially set up by the ICAO, are recognized among most ICAO member
countries.

The Five Freedoms of the Air serve as a framework for international aviation agreements. Each
freedom has varying levels of acceptance, but every developed country worldwide grants these rights to
certain foreign airlines.

The Five Freedoms of the Air serve as a framework for international aviation agreements. Each
freedom has varying levels of acceptance, but every developed country worldwide grants these rights to
certain foreign airlines.

National Accreditation Standards

REVISED RULES AND REGULATION OF TRAVEL AND TOUR AGENCIES

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
i. At least 60% of its capital is owned by a Filipino citizen
c. Corporations organized under Philippine Laws
i. 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.
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
i. For Corporation/Partnership ₱500,000.00 Paid-up/partners capital
ii. For Single Proprietorship Original copy of bank certification with cheque writer.
iii. Under the name of the Company
c. For General Manager
i. 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

● Commercial Area and/or building
● Easily identifiable and shall be used exclusively for the travel and tour operation business
● Furnished with basic furniture and equipment
● 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
● 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.
● Renewal Period is from April 1 to June 30
Supervision of Travel and Tour Agencies
● Main Office Accreditation Should be accredited prior to the accreditation of the branch office.
● 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.
● Surrender Of DOT Sticker Upon renewal of accreditation
● 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.
● 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
● 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.
● 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.
● 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
● Dormancy - Withdrawn after appropriate warnings/notifications 30th and 45th day prior to
dormancy

Inspection of Establishment
Periodic Inspection
● Done annually or when Public Interest dictates
● 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.
● Conducted at a reasonable time of the day with due regard and respect to the right of privacy of
parties concerned.
inspection Team
● Shall accomplish a set of Inspection Checklist (IC)
● All deficiencies found, as well as the requirements complied with shall be noted on the checklist.
Inspection Report
● Rendered within five (5) days from date of inspection.

Defects and Deficiencies Found During Inspection

● 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.
● 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
● Tour Coordinators and Foreign Tour Escorts duly recognized by the DOT whose function is to
accompany tourists shall not act as Tour Guides.
● 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 Accreditation or Closure of Business

1. Unauthorized transfer and/or reproduction of Accreditation certificate, stickers, IDs, or any
document issued by the Department of Tourism.
2. Gross and evident bad faith in dealing with clients/fraudulent solicitation of business.
3. Tolerance of gross misconduct, discourtesy, dishonesty or misrepresentation committed by any of
the operator’s officers or employees against its clients to the deterrent of the tourism industry.
 4. Employment or hiring of non-DOT accredited tourism frontliners or engaging the services of
non-DOT accredited tourism establishments/vehicles except in areas where there are no DOT
accredited 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.
9. Any other case/complaint filed against the establishment outside the Department.
Fines and Penalties
● First Offense - Six (6) months suspension and/or fine not less than Fifty Thousand Pesos
(₱50,000.00), as the case may be
● Second Offense - One (1) year suspension and be subject to a fine not less than
Seventy-Five Thousand Pesos (₱75,000.00)
● 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)
● 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 Philippine laws.
● The DOT shall likewise issue a Notice of Violation to the concerned LGU for appropriate
sanctions such as but not limited to revocation/cancellation of issued licenses/permits or closure
of the establishment found to have violated the terms of their accreditation.
● Tourism Advisories
○ Complete identification of the pertinent tourism enterprise;
○ Location of the entity;
○ Its registered owner or proprietor and the business address;
○ The specific term or terms of accreditation violated; and
○ The statement that the advisory shall only be lifted upon continued compliance of the
enterprise with the terms of accreditation

Issuance of Additional Circulars / Orders

The DOT shall, whenever necessary, issue additional Circulars/Orders for a more effective
implementation of their rules and regulations.

SUMMARY OF THE RIGHTS OF AIR PASSENGERS

UPON PURCHASE OF TICKET AND UPON ARRIVAL AT THE AIRPORTBASE
Major Rights of an Air Passenger
● Right to be provided with accurate information before purchase
● Right to receive the full value of the service purchased
● 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. OPEN HOUR BEFORE 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 - The airline/air carrier must look for volunteers willing to give up
their seats. If the number of volunteers is not enough, the air carrier shall increase the
compensation package until the required number of volunteers is met.
Right to Compensation and Amenities in Case of Cancellation of Flight

Situations of Cancellation Rights of Passengers

Cancellation at least 24 hours before the ETD, -To be notified beforehand of the fact of
attributable to the air carrier cancellation
-Rebook or reimburse the passenger, at the option
of the latter.

Cancellation less than 24 hours before the ETD, -To be notified beforehand of the fact of
attributable to the air carrier cancellation
-To amenities*
-To be reimbursed of the value of the fare, taxes
and surcharges, and other optional fees
-To be endorsed to another air carrier without
paying any fare difference
-To rebook the ticket without additional charge

Cancellation due to other causes (i.e. force To be reimbursed of the full value of the fare
majeure, safety and/or security reasons)
AMENITIES may include food and drinks, hotel accommodations, etc.

Right to Compensation and Amenities in Case of Flight Delay and Exceptions Thereto.

Hours of Delay Rights of Passengers

Terminal delay of at least three (3) hours after the -To avail of refreshments or meals
ETD, whether or not such is attributable to the -To free phone calls, text or e-mails, and first aid, if
carrier. necessary
-To rebook or refund his/her ticket
-To be endorsed to another carrier

Terminal Delay of at least six (6) hours after the -To consider the flight cancelled for the purpose of
ETD for causes attributable to the carrier availing the rights and amenities provided for in
case of actual cancellation
-Additional compensation equivalent to at
least the value of the sector delayed
 -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 To sufficient food and beverage
ETD

Right to Compensation for Delayed, Lost, and Damaged Baggage

THE PASSENGER HAS THE RIGHT TO:
● Be informed of the fact of off-loading
● Php2,000 compensation to the passenger for every twenty-four (24) hours of delay
● Refund of checked baggage fees if the baggage was not delivered within twenty-four (24) hours
from the arrival of flight
● 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.
● 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
● FOR INTERNATIONAL FLIGHTS: The relevant convention and inter-carrier agreements apply
● 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:
○ at the air carrier’s counters at the airport on the date when the incident occurred, or
○ at the main office or any branch of the air carrier, at the discretion of the passenger.
● MODE
○ By tendering a check, or
○ Cash, or
○ 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.

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 acertification issued by the Department totourism 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 vailable. 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.

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.

STAR GRADING TOTAL SCORE (HOTEL, RESORT, APARTEL)

*1 251–400 points
These enterprises appeal to budget minded travellers. There is
a limited range of facilities and services

**2 401–550 points

 These enterprises appeal to the tourists seeking more than
basic accommodation. They offer expanded facilities and
higher level of comfort.

***3 551–700 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.

****4 701–850 points

These properties are upscale in all areas. Accommodation is
refined and stylish. Service is responsive, often including an
extensive array of facilities.

*****5 851–1000 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:

Business Area Hotel Resort Apartel

Arrival and Departure 10% 10% 8%

Public Areas 10% 10% 7%

Bedrooms 30% 30% 30%

Bathrooms 15% 15% 15%

Food and Beverage 15% 15% n/a

Lounge Area* n/a n/a 15%

Kitchen Area* n/a n/a 10%

Amenities 10% 10% 5%

Business Practices 10% 10% 10%

TOTAL 100% 100% 100%

HOW TO RATE EACH DIMENSION

● 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 inspections 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, or 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 that 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

● 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 or 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 a 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 regulates 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
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; agri-tourism 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

● A restaurant is any establishment offering to the public refreshments and/or meals.
● 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.
● A shop is a small retail establishment offering a line of goods or services. \A sports and
recreational club/center is any establishment offering sports and recreational facilities to
tourists and to the general public.
● 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.
● A karaoke bar is any establishment offering karaoke and videoke facilities to tourists and
to the general public.
● A gallery is any establishment that has a formal space for exhibition of paintings,
sculptures, prints, photographs, potteries and mixed media works.
● 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.
● 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.
● 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.

What is the primary objective of the Food Safety regulatory system of the Philippines?
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

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
● Government officials
● Members of PNP and AFP
● 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
○ On-premise catering – the caterer has his own banquet hall with an attached
kitchen or production area
 ○ 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)
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
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
● 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 t 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).
● 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)[3].
● 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.

Case Scenario: Staphylococcal poisoning during a village festival, Medina, Misamis Oriental,
Philippines in 2014
On 18 August 2014, cases of food poisoning in San Vicente Village were reported to the
Event-Based Surveillance & Response Unit of the Philippine Department of Health. An
investigation was conducted to identify the implicated source, describe the outbreak and
evaluate the risk factors.
Methods: A case-control study was conducted. A suspected case was a previously well
individual of Medina who attended the village festival and developed abdominal pain and
vomiting with or without nausea, diarrhea and fever from 18 to 19 August. A confirmed case
was a suspected case with a rectal swab positive for bacterial culture. Rectal swabs, water and
food samples were sent to the national reference laboratories. Food source and consumption
interviews and environmental inspections were conducted.
Results: Sixty-four cases and 123 unmatched controls were identified. The median incubation
period was 1 hour 15 minutes. Five cases (8%) were positive for Staphylococcus aureus, one
(2%) for Aeromonas hydrophilia and one (2%) for Shigella
boydii. One (14%) water sample was positive for Aeromonas spp. Of the collected food
samples, beef steak was positive for Staphylococcus aureus. Risk factors were
consumption of Filipino-style beef stew (odds ratio [OR]: 6.62; 95% confidence interval
[CI]: 2.90–15.12) and stir-fried noodles (OR: 3.15; 95% CI: 1.52–6.50). Prolonged
serving time and improper food storage were noted
Discussion: The issue of food safety practices by the food handlers played a part in this
outbreak. The observed improper food handling practices such as poor hand washing
technique, prolonged serving time2,7 and improper temperature for food storage1,2,5,7 have
been linked to staphylococcal foodborne outbreaks. No food handlers wore aprons or hair nets
during food preparation. They did not have formal food safety training, and proper hand hygiene
was not observed. Flies were also claimed to be present during food preparation. No chlorine
residue was noted inside the water reservoir, and breakage in water distribution pipelines was
seen.

Responsibilities on Food Safety

● Food safety is the foremost responsibility of food business operators and key
government agencies. The food business operators, a person engaged in thefood
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).
● 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
● 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.
● 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.
● 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).

THE COD EON SANITATION OF THE PHILIPPINES PRESIDENTIAL DECREE NO. 856
● WHEREAS, the health of the people, being of paramount importance, all efforts of public
services should be directed towards the protection and promotion of health; and
● WHEREAS, with the advance in the field of sanitation in recent years, there arises the
need for updating and codifying our scattered sanitary laws to ensure that they are in
keeping with modern standards of sanitation and provide a handy reference and guide
for their enforcement;
As enacted by P.D. 856, the Department of Health will:
a. Undertake the promotion and preservation of the health of the people and raise the
health standards of individuals and communities throughout the Philippines;
b. Extend maximum health services to the people in rural areas and provide medical care
to those who cannot afford it by reason of poverty;
c. Develop, administer and coordinate various health activities and services which shall
include public health, preventive, curative and rehabilitative programs, medical care,
health and medical education services;
d. Upgrade the standards of medical practice, the quality of health services and programs
to assure the people of better health services;
e. Issue permits to establish and operate government and private hospitals, clinics,
dispensaries, schools of nursing, midwifery, and other para-medical course, puericulture
centers, clinical laboratories and blood banks;

Chapter 3 of the Sanitation Code is about Food Establishment. The following are some of the
important provisions of Chapter 3.
Section 14 - Sanitary Permit
a. No person or entity shall operate a food establishment for public patronage without
securing a permit from the local health office.
b. Every Sanitary Permit shall be posted in a conspicuous place of the establishment.
 c. Every City or Municipality shall keep a record of all establishments in respect of which
permits have been issued and of all permit certificates and renewals thereof.
Section 15 - Health Certificates
No person shall be employed in any food establishment without a Health Certificate issued by
the local health authority. This certificate shall be issued only after the required physical and
medical examinations are performed and immunizations are administered at prescribed
intervals.
Section 16 - All food must be obtained from sources approved by the local health
authority.
a. Meats, meat products and fish shall be procured from sources under sanitary or
veterinary supervision.
b. Milk and fluid milk products shall be obtained from sources approved by the local health
authority.
c. All perishable and potentially hazardous foods shall be stored at 45F (7C) or below.
Section 18 - Use of Food-Service Spaces
a. Food-service spaces shall not be used as living or sleeping quarters.
b. Clothing or personal effects shall be kept in lockers or in designated places away from
food service spaces.
c. No animal or live fowls shall be allowed.
d. Persons not directly connected with food preparation and serving shall not be allowed to
stay in food-serving spaces.
Section 19 - Food Handlers
Food handlers shall at all times:
a. Wear clean working garments. The Cook shall wear prescribed caps and female
employees caps or hairnets.
b. Observe good personal hygiene.
c. Wash their hands thoroughly with soap and water and dry them with a clean or
disposable towel or a suitable hand-drying device immediately before working, or after
visiting the toilet.
Section 20 - Vermin Control
Vermin is a group of insects or small animals such as flies, mosquitoes, cockroaches, fleas, lice,
bedbugs, mice, and rats which are vectors of diseases.
a. A vermin abatement program shall be maintained in the establishments by their owners,
operators, or administrators.
b. During deratting or disinfecting operations, all foodstuffs, utensils, food preparation and
cleaning equipment shall be covered to protect them from toxic chemical substances.
Section 31 -
Evaluation of Food Establishment shall be the duty of the Provincial, Municipal or City Health
Officer to cause an inspection and evaluation of every food establishment requiring a permit for
its operations, at least every six months and shall cause as many additional inspections and
re-inspections and evaluation to be made as are necessary for the enforcement of the provision
of this Chapter
General Provisions under Chapter 14, Section 64 – Accommodation Establishments
a. No establishment shall be operated and opened for public patronage without a sanitary
permit issued by the Secretary or his duly authorized representative.
b. Any extension or additional construction in an establishment shall require a sanitary
permit before it could be operated.
c. All establishments shall provide their patrons with adequate water supply, toilet and bath
facilities in accordance with standards prescribed in this Code.
d. Establishments and their premises shall be kept clean and sanitary at all times.
e. Periodic insect and vermin control measures shall be undertaken to eradicate vectors of
diseases.
f. Animals, fowls and pets shall be housed in appropriate kennels or cages separate from
living quarters.
g. No person shall be employed in establishments without first procuring a health certificate
from the local health authority.

General Provisions under Chapter 15, Section 66 – Port, Airport, Vessel and Aircraft
Sanitation
a. Every port and airport shall be provided with potable drinking water and wholesome
food supplied from sources approved by the Secretary or his duly authorized
representative.
b. The drinking water and food shall be stored and handled in a manner to ensure their
protection against contamination. The local health authority shall conduct periodic
inspections of equipment, installations and premises, and collect regularly samples of
water and food for laboratory examination to determine if they are fit for human
consumption.
c. There shall be available to as many ports and airports as practicable organized medical
and health services with adequate staff, equipment and facilities for the prompt isolation
and care of infected persons, disinfection, disinsecting, deratting, laboratory
examination, collection and examination of rodents for plague infection, collection of
water and food samples for examination.
d. In ports and airports of entry, facilities shall be provided for immunizations required in
international travel.
Vessel Sanitation For the purpose of this Section, the provisions of Article II of the Quarantine
Regulations promulgated under Section 5 of Republic Act No. 123 shall be applied and
enforced. Aircraft Sanitation For the purpose of this Section, the requirements in the Guide to
Hygiene and Sanitation in Aviation of the World Health Organization are adopted as part of this
Code.

LAWS REGARDING CASINO AND GAMBLING ESTABLISHMENTS

Republic Act 10927 (2017)
Implemented by the Philippine Anti-Money Laundering Council (AMLC) on November 4th, 2017
the Republic Act 10927 entails special requirements for all Philippine-based casinos to follow.
The law requires for casino owners to implement risk management policies and to keep records
for their players for at least 5 years. Casino owners are ordered to allow compliance checks
when the AMLC suspects a case of money laundering or terrorist financing. Players are now
required to give more detailed information about themselves before setting up an account and
no more aliases will be accepted. The AMLC will also now be notified whenever there is a bet
or a transaction of $100,000 USD or more. Failure to abide by this new act will result in stiff fines
and/or penalties and could lead to a revoke of operating licenses.

Philippine Offshore Gaming Operators (POGO)

The Philippine Offshore Gaming Operators continue to bring growth to the country’s
revenue. It has registered a significant increase in 2018 after it recorded PHP 7.265 billion in
revenues. According to Philippine Law, a POGO entity is any offshore gaming services that
offer games of chance via the internet, a network, or software. The operators bet on behalf of
the participating accounts and pay the winning players.
All Philippine Amusement and Gaming Corporation (PAGCOR) licensed operators do not
allow Filipinos as offshore authorized players.

WHO IS THE CONSUMER?

A 'consumer' might be generally understood as a purchaser of goods and services for the
personal satisfaction of themselves or other members of their
households, as distinct from use to generate further income.
CONSUMER PROTECTION
● Consumer protection safeguards the well-being and interests of consumers through
education, mobilization and representation. Consumer protection ensures that
consumers make well-informed decisions about their choices and have access to
effective redress mechanisms. It also pushes for businesses to guarantee the quality of
the products and services they offer.
● In order to have a functional consumer protection system, the government, businesses
and consumers need to work together. The government needs to put in place adequate
policies, laws and regulations to ensure that consumers are protected from harmful
business practices.
● There also has to be an effective interplay and coordination between the relevant
institutions that are responsible for implementing consumer protection.
● At the same time, businesses should refrain from fraudulent or unfair conduct that
misleads or negatively affects consumers. Consumers, in turn, should be well-informed
about their rights and be able to proactively assert them. Consumer associations play
an important role in raising awareness and reaching out to consumers.

ASEAN COMMITTEE ON CONSUMER PROTECTION

The ASEAN High-Level Principles on Consumer Protection (AHLP) are intended to support
AMS in their efforts to improve consumer protection as ASEAN launches the AEC. They
provide the direction for a broad framework on consumer protection for ASEAN. They also
provide a consistent context for ASEAN laws and arrangements and, in so doing, promote a
common base level of cooperation and exchange of experiences and best practices.
ASEAN HIGH-LEVEL PRINCIPLESON CONSUMER PROTECTION
 ● Principle 1 – Enforcement of Consumer Protection Laws are Fair, Consistent, Effective
and Proportionate
● Principle 2 – Consumers are Equipped with the Skills, Knowledge, Information and
Confidence to Exercise their Rights
● Principle 3 – Consumers are Protected from Harmful Goods and Services
● Principle 4 – Consumers Have Access to Appropriate and Convenient Sources of Advice
and Redress including Alternative Dispute Resolution
● Principle 5 – Consumers Understand the Impact of Consumption Decisions on the
Shared Environment
● Principle 6 – Strong Consumer Advocacy is Promoted
● Principle 7 – High Levels of Cooperation between Different Levels of Government and
with Business and Other Stakeholders
● Principle 8 – Consumers in E-commerce are Protected

Consumer Act of the Philippines

The principal law for consumer protection in the Philippines (Republic Act No. 7394). It came
into effect on July 15, 1992.
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.
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.

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
a. 1. One who is either engaged to perform activities that are necessary or desirable
in the casual trade or business of the employer or
b. 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).
c. In Article 281 of the Labor Code an employee who is allowed to work after a
probationary period becomes Regular Employee.
d. *It is the nature of the activity that determines whether employment is regular or
casual.
2. Casual Employment
a. An employee is engaged to perform a job, work or service which is merely
incidental to the business of the employer
b. Such job, work or service is for a definite period of time made known to the
employee at the time of the engagement
c. 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.
3. Project Employment
a. 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.
4. Seasonal Employment
a. 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.
5. Fixed-Period Employment
a. An employment with a fixed or definite period. Example: Overseas employment
contracts
b. *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
6. Probationary Employment
a. 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.
b. Generally, the probation period of employment is limited to six (6)months except:
i. When the parties to an employment contract may agree otherwise, such
as when the same is established by company policy.
 ii. When the same is required by the nature of work to be performed by the
employee.
c. 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 probationary 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 bepresent:
(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 fordismissal of an
employee, envisages the recurrence of at least tworequisites:
1. The employee's assailed conduct must have been willful, that is,chracterized 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 og
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.

Normal Hours
Generally the normal hours of work of any employees shall not exceedeight (8) hours a day.
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 beyong 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.
Undertime
Undertime work on any particular day shall not be offset by overtime work on any other day.
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.
Holiday Pay
Every worker shall be paid his regular daily wage during regular holidays, except in retail and
service establishments regularly employing less than10 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.
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%.
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)
Payment for Work Performed during Special Holidays
Work performed on special holiday merits additional compensation of atleast 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%.
Right to Weekly Rest Day
It shall be the duty of every employee, whether operating for profit or not,to provide each of his
employees a rest period of not less than 24consecutive hours after every 6 consecutive normal
work days.
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.
● 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 training-related 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 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 proceures for the resolution, setlement 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 thefollowing 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