QuestionsQuestions (Republic Act No. 9593)
It is known as the “Tourism Act of 2009.”
Tourism is declared an indispensable element of the national economy and an industry of national interest and importance that must be harnessed as an engine of socioeconomic growth and cultural affirmation to generate investment, foreign exchange, and employment.
Examples include: (1) developing Philippine tourism for and by Filipinos while conserving heritage and identity; (2) promoting ecologically sustainable, responsible, participative, culturally sensitive, and equitable tourism for local communities; (3) creating a favorable international image of the Philippines; (4) developing the country as a prime tourist hub in Asia anchored on history, culture, and natural endowments; (5) encouraging private sector participation and agritourism.
It calls for preferential treatment to the employment of Filipino nationals in tourism-related enterprises, and provides full government assistance via competitive investment incentives, long-term development fund, and other financing schemes for tourism-related investments.
Primary tourism enterprises include: travel and tour services; transport services exclusively for tourist use (land/sea/air); accommodation establishments; convention and exhibition organizers; tourism estate management services; and such other enterprises identified by the Secretary. They are important because they are subject to mandatory accreditation.
Accreditation is mandatory for primary tourism enterprises, while accreditation is voluntary for secondary tourism enterprises.
It formulates and enforces standards for tourism enterprises; coordinates with associations for rules and accreditation; develops mandatory accreditation for primary enterprises (and voluntary for secondary); establishes a registration/information system among accredited enterprises; evaluates tourism projects for incentives; and provides technical assistance to incentive-giving institutions.
It serves as the primary planning, programming, coordinating, implementing, and regulatory government agency for developing and promoting tourism (domestic and international), and to instill in Filipinos tourism’s fundamental importance in employment, investment, and foreign exchange.
(1) Undersecretary for Tourism Development—product development, planning/research/information management, and industry manpower development; (2) Undersecretary for Tourism Regulation, Coordination and Resource Generation—tourism standards and regulations, coordination, resource generation, and regional/foreign offices; (3) Undersecretary for Special Concerns and Administration—special concerns, finance/management service, administrative affairs, legal affairs, internal audit, and legislative liaison.
After notice and hearing, the Department may impose fines or downgrade/suspend/revoke accreditation, and may issue tourism advisories detailing: identification and location of the enterprise, owner/proprietor address, specific accreditation terms violated, and that the advisory is lifted upon continued compliance.
They are ordered to pay back taxes equal to the difference between the taxes they should have paid if they had not availed of the incentives and the taxes actually paid under the incentive scheme, computed up to three years preceding promulgation of the decision/order, with computation assisted by the BIR.
Back taxes are distributed as follows: one-third to the national government, one-third to the LGUs concerned (shared equally if more than one LGU), and one-third to the TIEZA.
TIEZA is created/defined as the reorganized implementation body. The Philippine Tourism Authority is reorganized as TIEZA, and PCVC is reorganized as the Tourism Promotions Board.
The TPB is a body corporate under the Department for program and policy coordination. It formulates and implements integrated domestic and international promotions/marketing programs, markets the Philippines as a major global tourism destination (including convention destination), and services/attracts large-scale events, fairs, conventions, and similar activities.
It is responsible for attracting, promoting, facilitating, and servicing large-scale events such as international fairs and conventions, congresses, sports competitions, expositions, and similar events.
The TIEZA designates TEZs upon recommendation of any LGU or private entity, or through public-private joint ventures, subject to minimum requirements set by TIEZA. For designation, there must be an approved development plan by TIEZA and approval by resolution of the LGU concerned; deviations require TIEZA authorization.