QuestionsQuestions (OTC)
A “Resort” is any place or places with a pleasant environment and atmosphere conducive to comfort, healthful relaxation and rest, offering food, sleeping accommodations and recreational facilities to the public for a fee or remuneration.
Resorts may be categorized as beach resort, inland resort, island resort, lakeside/riverside resort, and mountain resort, depending on where they are located (along seashore, within town/city, in an island within Philippine internal waters, along/near a lake or river, or at/near a mountain/hill).
Resorts are classified as Class “AAA”, Class “AA”, and Class “A”.
It must have: (1) adequate parking with parking security free to guests; (2) clean and adequate public toilets/bathrooms for male and female with sufficient hot and cold running water, toilet paper, soap, and hand towel/hand dryer; (3) at least four (4) sports and recreational facilities; and (4) conference/convention facilities with attached toilets.
At least three (3) sports and recreational facilities.
It must have: rooms equivalent to an Economy Class hotel; clean and adequate public toilets/bathrooms for male and female with sufficient running water, toilet paper, and soap; at least two (2) sports and recreational facilities; and at least one food and beverage outlet.
Maintenance and housekeeping must be of acceptable standard on a continuing basis; premises must be clean and pollution-free; the resort must maintain a vermin control program and a regular hygienic garbage disposal system; and sanitation measures must comply with PD 856 (Code on Sanitation of the Philippines).
All resorts must provide services of a sufficient number of well-trained lifeguards duly accredited by the Philippine National Red Cross, the Water Life Saving Association of the Philippines, or any recognized safety-training organization, and must provide adequate security whenever there are guests.
All resorts must provide services of a physician (on-call or full-time depending on volume and accessibility), employ adequate first-aiders with a certified first-aid course by the National Red Cross or an accredited organization, and provide adequate first-aid medicines and necessary life-saving equipment on the premises.
Fire-fighting facilities must be provided in accordance with the Fire Code of the Philippines.
They must place an adequate number of buoys within a safe area determined by the resort owner/keeper, subject to compliance with government/local rules; the buoys area is the designated swimming area; no boat/banca or other crafts may enter the designated swimming area; management may enforce these rules and designate a portion of the beach front for exclusive loading/unloading of resort guests unless otherwise provided elsewhere.
Swimming beyond 10:00 P.M. is prohibited. Night swimming at pools is allowed only if adequate lifeguards are on duty and the pool is sufficiently lighted. Resorts must post sufficient and visible signs warning guests of artificial/natural hazards and danger areas.
Examples include: no pets/animals bathing/swimming along beaches; strict prohibition of “pukot” fishing and washing of fishing nets in beach resorts; prohibit ambulant vendors from peddling within resort premises; strict prohibition of littering; efforts to prevent prohibited gambling, drunkenness, or disorderly conduct; and efforts to prevent persons known/with reason to believe to be prostitute, pedophile, or bad character from occupying rooms or frequenting premises, with immediate reporting to nearest police station.
No person may operate a resort without first securing a certificate of registration and valid license from the Department; allowing premises to be used as a resort without them makes the owner/occupant guilty of an offense under the Rules.
The Department creates an inspection committee of two officials; upon issuance of a mission order, they conduct an ocular inspection using a checklist; deficiencies and observations adverse to the applicant are recorded and the applicant is furnished a copy of the checklist; and within five (5) days the committee issues its report of findings/recommendations.
The license is valid for one (1) year from the date of issue or until February 28 following the year of issue, unless sooner revoked. Renewal applications start on February 1 up to February 28; failure to file on time results in a 50% surcharge of license fees, except where delay is due to fraud, accident, or excusable neglect (may be excused); failure to file without just cause may lead to cancellation; failure to submit all requirements within 60 days from filing may lead to fine and/or non-renewal.
Grounds include: false declarations or fraud/misrepresentation in applications/renewals; failure to comply with conditions in the license; failure to meet resort standards; serious physical injury or loss of life due to fault/negligence of officials/employees; allowing the resort to be used for illegal/immoral/illicit activities; and violation/non-compliance with provisions of the Rules and Department circulars.
The Department exercises quasi-judicial powers in resolving cases filed against resorts and/or their employees, in accordance with its rules and procedures on complaints.
Two Department inspectors conduct periodic inspections under mission orders; inspections may access records and premises. If defects/deficiencies are found, the Department directs the resort to rectify/complete them within one (1) week from notice, which may be extended for just cause but not exceeding two (2) months.