Law Summary
Definition of a Hotel
- A hotel is defined as a building or premises receiving travelers and tourists for lodging and related services for a fee.
Hotel Classification
- Hotels are classified for licensing as De Luxe, First Class, Standard Class, and Economy Class.
De Luxe Class Hotel Requirements
- Location suitable for luxury international standards.
- Architectural features reflecting luxury.
- Minimum room size: 25 sqm including bathrooms.
- One suite per 30 rooms.
- Bathrooms equipped with bathtubs/showers and 24-hour hot/cold water.
- Each room must have telephone, radio, television, mini-bar, refrigerated drinks.
- 24-hour room service including snacks.
- High-quality furnishings, lighting, and decor.
- Prominent display of room tariffs and hotel services.
- 24-hour reception, porter service, foreign exchange, mailing, long-distance calls, telex.
- Housekeeping with daily linen changes.
- Food and beverage: coffee shop, specialty dining rooms, bar, high-standard kitchen.
- Recreational: swimming pool, at least one additional sport facility, live entertainment.
- Engineering: centralized air-conditioning, emergency power, fire prevention per law.
- General: outdoor guest areas, parking, conference facilities, shops, 24-hour security, medical clinic.
- Professionally trained staff in uniforms and insurance coverage for guests.
First Class Hotel Requirements
- Location appropriate for first-class standards.
- Minimum room size: 25 sqm including bathrooms.
- One suite per 40 rooms.
- Bathrooms with showers/bathtubs and 24-hour hot/cold water.
- Facilities parallel to De Luxe but slightly less stringent.
- High standard furnishings and lighting.
- 24-hour room service.
- Reception and porter services 24/7.
- Facilities like foreign exchange, mailing, long-distance calls, telex.
- Food and beverage services including bar and coffee shop.
- Recreational facilities including swimming pool and at least one sport facility.
- Maintenance and engineering standards very high.
- Centralized air-conditioning of all rooms except high altitude.
- Emergency power and fire safety compliance mandatory.
- Parking, security, medical service, airport transfers available.
- Staff highly trained and insured guests.
Standard Class Hotel Requirements
- Suitable locality with very good architectural standards.
- Room size: at least 18 sqm including bathroom.
- Bathrooms with showers, 24-hour cold water, hot water at selected hours.
- Telephone in each guest room.
- Room service during selected hours.
- Good quality furniture, carpeting and furnishings.
- Information on tariffs and services prominently displayed.
- Reception and porter services, foreign exchange, mailing facilities.
- Optional telex, laundry service by arrangement.
- Food facility with good quality cuisine.
- Recreational facilities like swimming pool and sport facility (or nearby access).
- At least 75% rooms air-conditioned.
- Emergency power, adequate lighting and ventilation.
- Compliance with fire prevention and security measures.
- Medical services with nurse on duty and doctor on call.
- Insurance coverage for guests.
Economy Class Hotel Requirements
- Location suitable for good hotel.
- Minimum room size 18 sqm including bathrooms.
- Bathrooms with showers, 24-hour cold water, hot water selected hours.
- Call bell in rooms instead of telephone.
- Basic good design furniture and lighting.
- 24-hour reception service with telephone.
- Lounge proportional to hotel size.
- Room service at selected hours.
- Clean housing, linen changed daily.
- At least 50% of rooms air-conditioned.
- Emergency power available for lighting and services.
- Fire safety compliance and 24-hour security.
- Medical service doctor available when needed.
- Insurance coverage for accidents.
Registration and Licensing Procedures
- Application in quadruplicate to the Office of Undersecretary for Tourism Services.
- Signed under oath by authorized persons.
- Mandatory submission of corporate documents, financial statements, staff lists, agreements.
- Application entered in a chronological ledger.
- Objections to application allowed by sworn statement.
- Inspection committee composed of DOT, DOH, local government, and hotel association representatives.
- Ocular inspection assessing conformity to required class.
- Use of a checklist noting deficiencies and compliances.
- Applicant may comment on findings.
- Committee reports within 5 days; applicant may comment within 3 days.
- Undersecretary issues recommendation within 15 days; Secretary decides within 30 days.
- License granted only if all standards, codes, ordinances complied.
- License valid one year, renewable before expiration.
- Fees imposed based on hotel class with specified amount.
- Late renewal attracts 50% surcharge.
- Operating without license subject to fine of at least P50,000 or closure.
Regulation, Control and Supervision
- License and registration certificate non-transferable without DOT approval.
- Transfers of majority stock interest must be notified.
- Transfer fees same as registration fees apply.
- License and registration certificates must be displayed conspicuously.
- Hotels must display visible signboards outside.
Hotel Guest Registration Requirements
- Guests must register personal details before occupying room.
- Data to include full name, ID, origin, address, stay duration, occupation, nationality, arrival time.
- Group tours and families have special registration provisions.
- Visitors invited by guests must also register separately.
- Departure date and time recorded on checkout.
- No false entries allowed by hotel staff.
- Hotel must report any guest with contagious/infectious diseases to authorities.
- Deaths reported immediately to police and DOT.
Employment and Training of Hotel Staff
- Employment of foreign nationals regulated by joint government policy.
- Foreign nationals with supervisory roles must train Filipino understudies.
- Management must submit training programs and annual progress reports to DOT.
Periodic Inspections
- DOT authorized to inspect hotels to ensure compliance and proper management.
- Inspectors have access to premises, records, staff interviews.
- Defects found must be corrected within one week or extended up to one month.
- Fines imposed for failure to comply; persistent violations lead to license suspension.
Prohibited Acts
- No tolerance for gambling, disorderly conduct, drunkenness.
- Hotels must prevent prostitution, pedophilia and immoral activities.
- Such cases reported immediately to police.
Reclassification of Hotels
- Hotels may be promoted or demoted based on compliance with class standards.
- Applications evaluated by inspection teams.
- Demotion requires notice and opportunity to comply.
- Appeals to Secretary of Tourism stay orders.
- Secretary has power to affirm, modify or revoke orders.
Discipline and Code of Conduct
- Hotel managers liable for employee acts unless due diligence proven.
- Hotels required to implement staff training programs.
- Code of ethics/conduct to be formulated including penalties such as fines, suspension, license revocation.
Complaints and Quasi-Judicial Powers
- DOT empowered to resolve complaints against hotels through quasi-judicial procedures.
Miscellaneous Provisions
- Hotels must keep register of guest property left behind.
- Reporting of changes in corporate structure, management and staff within prescribed periods.
- Data submitted to DOT treated as confidential.
- Non-specified procedures to follow suitable methods consistent with law’s spirit.
- Hotels must keep copy of these rules available for guest inspection.
- Violations subject to imprisonment 2-5 years, fines P5,000-P10,000, and possible revocation of permits.
- Corporate officers responsible for corporate violations; alien offenders to be deported.
- Separability clause ensures validity of remainder if parts voided.
- Repeals inconsistent prior regulations.
- Code effective 15 days after publication.