Philippine Hotel Code of 1987

Legal basis; predecessor and repealing effect

The code is issued under the authority of the Department of Tourism under Executive Order No. 120, Section 5(g), to promulgate rules governing hotel operations, accreditation standards for classification, and rules on issuance of hotel licenses (Executive Order No. 120; Section 1).
It is also issued pursuant to Presidential Decree Nos. 259 and 1463, to the extent they are consistent with Executive Order No. 120 (preamble).
All existing hotel rules, regulations, or circulars issued by the defunct Board of Travel and Tourist Industry or previously issued by the Department of Tourism that are inconsistent with this code are repealed and superseded (Section 73).

Core concepts; hotel definition and classes

A “hotel” means the building, edifice, premises, or a completely independent part thereof used for the regular reception of travelers and tourists, providing accommodation/lodging and incidental services for a fee (Section 2).
For registration and licensing, hotels are classified into four categories: De Luxe Class, First Class, Standard Class, and Economy Class (Section 3).
Compliance with the code’s requirements subjects the establishment to sanctions and penalties (Section 1).

Minimum standards by hotel class

All class requirements apply as minimum requirements for the establishment, operation and maintenance of each class of hotel (Sections 4–7).

De Luxe Class Hotel standards (Section 4)

Location and building design must be suitable for a luxury hotel of international standard, with distinctive luxury features in façade, architectural features, and general construction (Section 4).
Bedroom size requires all single and double rooms to have a floor area of not less than 25 square meters, inclusive of bathrooms (Section 4).
Suites must be provided at the rate of one suite per 30 guest rooms (Section 4).
Bathrooms must have highest-quality fittings with 24-hour hot and cold running water, and must be provided with bathtubs and showers, with floors/walls covered with impervious material of elegant design (Section 4).
Rooms must include a telephone in each guest room, and an extension line in the bathroom of each suite, plus radio, television, and relayed or piped-in music in each guest room, and cold drinking water and glasses in each bedroom (Section 4).
In-room services/facilities require a small refrigerator and a well-stocked bar in each guest room, plus 24-hour room service including snacks and light refreshments (Section 4).
Information and reception require prominently displayed room tariffs, fire exit guidelines, house rules, and notices for services and food and beverage outlets and their hours of operation, with a 24-hour front office/reception staffed by highly qualified, trained, and experienced staff (Section 4).
Recreation and safety/operations facilities require: a swimming pool, at least one recreational facility or tie-up, live entertainment, centralized air-conditioning for the entire building (except areas at a minimum of 3000 ft. above sea level), fire prevention facilities conforming to the Fire Code of the Philippines, emergency power from a generator sufficient for guest rooms, public areas, elevators, food refrigeration, and water services, adequate parking and valet service, conference/banquet capacity with at least 200 seated in banquet halls, 24-hour security on entrances/exits, a medical clinic with a registered nurse on a 24-hour basis and a doctor on call, linen changed everyday, and a 24-hour porter service (Section 4).

First Class Hotel standards (Section 5)

Location and building design must be suitable for a first class hotel of international standard, with distinctive first-class façade and construction features (Section 5).
Bedroom size requires single and double rooms to have at least 25 square meters, inclusive of bathrooms (Section 5).
Suites must be provided at the rate of one suite per 40 guest rooms (Section 5).
Bathrooms must provide highest-quality fittings befitting a first class hotel with 24-hour hot and cold running water, and must include showers and/or bathtubs; floors/walls must be impervious with aesthetic design (Section 5).
Rooms must include a telephone in each guest room; radio, television, and relayed or piped-in music in each guest room; cold drinking water and glasses in each bedroom; and 24-hour room service (Section 5).
Information and reception require prominently displayed room tariffs and prominent notices for services offered, fire exit guidelines, and house rules, with a 24-hour reception/information counter staffed by trained and experienced personnel (Section 5).
Recreation and safety/operations facilities require: a swimming pool, at least one recreational facility or tie-up, live entertainment, air-conditioning for all private and public rooms (except areas at a minimum of 3000 feet above sea level), emergency power generator capacity for lighting and core hotel services, fire prevention facilities conforming to the Fire Code of the Philippines, adequate parking/valet, special conference/banquet rooms, 24-hour security on entrances/exits, medical service with a registered nurse on a 24-hour basis and a doctor on call, linen changed daily, and housekeeping at a very high standard (Section 5).

Standard Class Hotel standards (Section 6)

Location and building design must suit a very good hotel, with very good architectural features and general construction (Section 6).
Bedroom size requires single and double rooms to have at least 18 square meters, inclusive of bathroom (Section 6).
Bathrooms require showers and basic fittings of modern sanitation with cold running water on a 24-hour basis and hot running water at selected hours (Section 6).
Telephones and service require a telephone in each guest room; cold drinking water and glasses in each bedroom; and room service at selected hours (Section 6).
Front office/reception requires a reception and information counter providing a 24-hour service with qualified and experienced staff; porter service is upon request (Section 6).
Air-conditioning requires at least 75% of the rooms to be airconditioned (except areas at a minimum of 3000 ft. above sea level) (Section 6).
Requisite facilities and safety require adequate lighting in public and private rooms, emergency power generator sufficient for guest rooms, hallways, public areas/rooms, elevators, food refrigeration, and water services; fire prevention facilities conforming to the Fire Code of the Philippines; 24-hour security on entrances/exits; medical service with a registered nurse on a 24-hour duty and a doctor on call; hotel staff in clean uniforms; and airport transfer facilities (Section 6).

Economy Class Hotel standards (Section 7)

Location and building design must be suitable for a good hotel; if the building is new, it must be designed by a competent architect (Section 7).
Bedroom size requires single and double rooms to have at least 18 square meters, inclusive of bathroom (Section 7).
Bathrooms require showers and basic fittings of modern sanitation with cold running water on a 24-hour basis and hot running water at selected hours (Section 7).
Telephones and service require a call bell in each guest room; cold drinking water and glasses in each bedroom; and room service at selected hours (Section 7).
Reception and porter require a reception and information counter providing a 24-hour service equipped with telephone; lounge must be reasonably furnished; and porter service is upon request (Section 7).
Air-conditioning requires at least 50% of the rooms to be airconditioned (except areas at a minimum of 3000 feet above sea level) (Section 7).
Engineering, safety, and medical require ventilation and emergency power via a spare generator for light and power in emergency cases, fire prevention facilities conforming to the Fire Code of the Philippines, adequate lighting, 24-hour security on entrances/exits, doctor services when needed, airport transfers upon request, premises kept clean and tidy, linen changed daily, and laundry/dry cleaning by arrangement (Section 7).

Hotel registration, licensing, and procedural timeline

Any person, partnership, corporation, or other entity that desires to keep, manage, or operate a hotel must accomplish and file in quadruplicate the application form for registration and licensing with the Office of the Undersecretary for Tourism Services of the Department of Tourism (Section 8).
If the application is by a body corporate, partnership, association, or other entity, it must be signed by the person duly authorized to act for and in behalf of the applicant (Section 9).
Defective applications—failure to properly accomplish the application form—are sufficient ground for disapproval (Section 10).
Supporting documents must accompany the application in four copies, including corporate/partnership registration documents, authorized board resolutions, lists of directors/officers and nationalities, lists of owners/stockholders/controlling members with nationality/capital contribution and proof of financial capacity, audited financial statements, income tax returns, sworn lists/certificates of hotel keeper/manager and staff with nationalities and addresses plus passport-size photos, joint venture/technological assistance agreements with foreign nationals (if any), and any other papers required by pertinent laws, rules and regulations, and circulars (Section 11).
The licensing section must keep a well-bound application entry book recording hotel applicants with chronological filing date and hour (Section 12).

Objections; inspections; checklists; decisions

Any person may file a written objection to issuance of a certificate of registration and license, stating facts and being sworn before a person authorized to administer oath (Section 13).
Upon receipt of the objection, the Department sends a copy to the applicant for comment (Section 14).
When the application form is duly accomplished, the Undersecretary forms an inspection committee/team with: one DOT representative, one Department of Health representative, one local government representative, and one representative designated by the Hotel and Restaurant Association of the Philippines (HRAP); the team is headed by the DOT representative, with local government checking compliance with local ordinances, Building Code, and Fire Code, and the Department of Health focusing on sanitation and hygiene (Section 15).
The team conducts an ocular inspection to determine the class the hotel falls under (Section 16).
The Department designs a triplicate checklist of requirements for each class of hotel in cooperation with hotel owners/managers/operators (Section 17).
During ocular inspection, the committee notes deficiencies and complied requirements on the checklist (Section 18), and records adverse observations about the applicant entered in the checklist (Section 19).
At the close of inspection, the committee and applicant/signatories sign all checklist copies, and the committee delivers the triplicate copy to the applicant (Section 20).
Within five (5) days from the date of inspection, the committee submits its findings/recommendations to the Undersecretary, furnishes the applicant a copy, and the applicant may submit a detailed comment within three (3) days from receipt (Section 21).
Within fifteen (15) days from receipt of the applicant’s comment, the Undersecretary submits the case recommendation to the Secretary of Tourism (Section 22).
The Secretary decides within thirty (30) days from receipt of the Undersecretary’s recommendation, in a way that allows the applicant to know the issues and reasons for the decision (Section 23).
No certificate and license may be granted unless the hotel passes conditions required by the Hotel Code, the Fire and Building Codes, and other municipal ordinances (Section 24).
If the Undersecretary finds satisfactory compliance for the applied class, the applicant is issued a certificate of registration and a license to operate upon payment of the registration and license fees (Section 25).
The issued hotel license must contain conditions imposed by the Department of Tourism (Section 26).
The certificate of registration is applied with the Department only once at the start of operation and is reapplied only if the hotel ceased operations for at least six (6) months or if its license is revoked; the registration fee is paid only once unless reapplication occurs under those conditions (Section 27).
The hotel license to operate is valid for one (1) year from the date of issue and is renewed annually on or before the expiration date (Section 27).

Fees; renewal deadline; late-application surcharge

Registration and license fees are collected as follows:
- De Luxe Class: Registration PHP 11,000.00; License PHP 2,200.00 (Section 28).
- First Class: Registration PHP 8,800.00; License PHP 1.980.00 (Section 28).
- Standard Class: Registration PHP 5,500.00; License PHP 1,650.00 (Section 28).
- Economy Class: Registration PHP 3,300.00; License PHP 1,100.00 (Section 28).
Renewal requires an application on prescribed forms on or before the 15th day of December of each year (Section 29).
Late renewal triggers a surcharge of 50% of the license fees due for failure to file within the period fixed for renewal (Section 30).

Prohibition on hotel use without license; display obligations

No building, edifice, premises, or independent part may be used as a hotel without first being licensed by the Department (Section 31).
Violations of this prohibition subject the violator to a fine exceeding PHP 50,000, closure of business, or both (Section 31).
No hotel owner or operator may transfer or alienate the certificate of registration and license without prior approval of the Department of Tourism (Section 32).
The Department of Tourism must be notified of any transfer of hotel ownership in majority interest of the outstanding capital stock (Section 33).
The transfer fee for issuance of a new certificate of registration is the same amount fixed under Section 28 for the class of hotel being transferred (Section 34).
The certificate of registration and license must be displayed in a conspicuous place in the public part of the hotel (Section 35).
Hotels must display, in a conspicuous place outside the hotel, a signboard showing the name or style of the hotel (Section 36).

Hotel guest registry and record-control rules

No person may occupy or be permitted to occupy a hotel room unless the guest’s personal circumstances and other particulars are entered in the hotel registry book or card (Section 37).
Hotel keepers/managers/operators or assistants must require guests to furnish and have entered in the hotel register or card: full name; details of identity card/passport/other travel documents; place of origin and permanent/regular/known address; probable duration of stay and intended destination; occupation and place of employment; nationality; and the hour and date of arrival (Section 38).
Before allowing a guest to occupy a room, the particulars must be entered forthwith and signed by the guest; if the guest cannot write, entry is made by the hotel keeper/manager/clerk and authenticated by the guest’s right thumb print; group tours may accomplish this by attaching the list of participants; families require registration only by the head of the family (Section 39).
Visitors invited by hotel guests to stay in the guest’s room must register in a separate visitors’ book, with the visitor’s name, address, and other particulars (Section 40).
On departure, the hotel keeper/manager/operator or assistant must record the departure’s hour and date, and destination if known, against the guest’s entry (Section 41).
Hotel managers/operators must not enter or cause to be entered in the registry book or card any information or particulars they know to be false, or that they could ascertain false through reasonable diligence (Section 42).

Health, death reporting, and staffing obligations

When a guest, tenant, or member of hotel staff is found suffering from a dangerous, contagious and/or infectious disease, the hotel keeper/manager/operator must immediately report to the nearest field office of the Department of Tourism and carry out precautions and directions given by the physician of the Department of Health officer of the locality (Section 43).
When any person dies in the hotel or is dying in the hotel, the hotel keeper/manager/operator must immediately report to the nearest police station, and must transmit a copy of that report forthwith to the Department of Tourism (Section 44).
Employment of foreign nationals by a hotel must follow the provisions of the Revised Joint Circular of 1987 among the Department of Tourism, Labor and Employment, and the Commission on Immigration and Deportation, setting policy guidelines on employment of foreign nationals in the hotel/resort industry (Section 45).
Hotels employing foreign nationals with supervisory/technical/advisory functions must include in the foreign national’s employment contract a provision for training at least two (2) Filipino understudies for each foreign national (Section 46).
Within five (5) days from assumption of duties by foreign nationals, hotel management must submit to the Department of Tourism the program for training Filipinos in the functions discharged by the foreign nationals (Section 47).
Hotels must submit an annual report on progress of the Filipino understudies’ training program by foreign nationals to the Department of Tourism (Section 48).

Inspections; correction periods; fines and suspension

The Department of Tourism may inspect hotels and immediate premises when necessary and upon valid reason to determine conformity to class standards, cleanliness/sanitation, and whether the hotel is being conducted as a disorderly house, at reasonable time of day with due regard to guests’ right to privacy (Section 49).
Inspectors have access to the registry book/cards, the hotel building and all parts thereof, cooking facilities, and the right to interview employees and investigate facts and conditions necessary to determine violations (Section 50).
Where defects/deficiencies are found, the Undersecretary directs rectification within one (1) week from notice (Section 51).
For good cause, the Undersecretary may extend the remediation period, but the extension cannot exceed one (1) month (Section 52).
If the hotel management fails to remedy defects/deficiencies, the Undersecretary imposes a fine of PHP 75.00 for every day of delay, but the fine cannot exceed PHP 1,500.00; once the minimum fine is reached and failure continues, the Undersecretary shall suspend the certificate of registration and license for such period as the Undersecretary deems fit (Section 53).

Prohibited conduct; enforcement; reclassification

Hotels must exert all efforts to prevent prohibited gambling, drunkenness, or disorderly conduct of any kind in the hotel and immediate premises (Section 54).
Hotels must exert all possible efforts to prevent any person they know or have reason to believe is a prostitute, a pedophile, or a bad character from occupying a room in the hotel or frequenting the premises, and must immediately report the presence of such persons to the nearest police station (Section 55).
A hotel may be promoted or demoted from one class to another as facts warrant (Section 56).
A hotel that upgrades facilities/services to comply with a higher class may apply for promotion; an evaluation team as described under Section 16 assesses upgraded facilities/services and submits recommendations to the Department of Tourism (Section 57).
If, after due investigation by the inspection committee, the hotel does not meet the standards for the class in which it is registered and licensed, the Undersecretary must notify the hotel keeper/manager/operator and grant a period stated in the notice to comply; failure to comply results in removal from the class and placement in a lower class (Section 58).
A hotel aggrieved by a demotion order may appeal to the Secretary of Tourism within five (5) days from notice; a perfected appeal stays the demotion order; within five (5) days from perfection, the appellant may submit a memorandum of agreement supporting the appeal (Section 59).
The Secretary of Tourism may revoke, modify, or affirm the Undersecretary’s order after reviewing the records (Section 60).

Liability for staff acts; staff training; ethics code

Hotel keepers/managers and assistants are administratively liable for acts or omissions of hotel staff committed against any guest/tenant, without prejudice to existing laws; they may be exempt if they establish they exercised the diligence of a good father of the family in supervising the erring employee (Section 61).
All hotels must provide a staff training program designed to acquaint each staff member with duties and responsibilities so the staff member knows what is expected (Section 62).
Hotel owners/keepers/managers or the hotel association (if any), with the assistance of the department, must formulate a code of ethics and/or conduct governing owners/keepers/managers dealings and staff conduct toward each other and toward guests/tenants; the code must include administrative penalties for violations, such as fines, suspension or dismissal, suspension or revocation of the hotel’s license or certificate of registration, and other related sanctions (Section 63).

Complaint resolution; quasi-judicial powers

The Department of Tourism exercises quasi-judicial powers in resolving cases filed against hotels in accordance with the DOT’s rules and procedures governing complaints (Section 64).

Operational miscellany; reports; confidentiality; rules availability

Hotels must keep a register book for properties left by guests, recording particulars without delay in the language and form required by the Department of Tourism (Section 65).
Hotels must submit to the Department of Tourism four (4) copies of specified reports/documents, including: amendments to articles/by-laws/partnership association documents within five (5) days from registration of the amendment; replacement of directors or principal officers with indication of nationalities and a copy of citizenship certificate (if naturalized Filipino) within five (5) days after replacement; replacement/resignation/separation of hotel keeper/manager/assistant/other staff within two (2) days; and changes in personnel complement with designations, salaries (including other compensation), nationalities, and home address within five (5) days (Section 66).
Information and documents received by or filed with the Department under the code are confidential and must not be divulged to private parties without the party’s consent or the Secretary’s order; department officials/employees who violate this confidentiality rule are guilty of an offense under these rules (Section 67).
Where a procedure is not specifically provided for in the code, a suitable procedure or mode of proceeding consistent with the purposes, intent, and spirit of the code must be adopted (Section 68).
Every hotel must keep a copy of the code available for inspection whenever guests or tenants request to see it (Section 69).

Criminal penalties; corporate offenders; deportation; severability

Any person, natural or juridical, who violates or causes another to violate any provision of the code is guilty of an offense and, upon conviction by a competent court, must suffer imprisonment of not less than two (2) years nor more than five (5) years, or a fine of not less than PHP 5,000.00 nor more than PHP 10,000.00, or both, at the discretion of the court (Section 70).
In addition to the penalty, the violation constitutes an ipso facto valid ground for revocation of all privileges, permits, and authorizations granted under the Department of Tourism by the persons or entity found guilty (Section 70).
If the offender is a corporation/firm/partnership/association, the penalty is imposed on the guilty officer(s) (Section 70).
If the guilty officer is an alien, the alien must be deported without need of further proceedings on the part of the Commission on Immigration and Deportation, in addition to the penalties prescribed (Section 70).
The provisions are separable; if any provision is declared invalid, the validity of the remaining provisions is not affected (Section 72).

Repeal clause

All existing inconsistent hotel rules, regulations, and circulars issued by the defunct Board of Travel and Tourist Industry or previously issued by the Department of Tourism on hotel operations are repealed and superseded by this code (Section 73).