Title
Rules for Resort Business Operations
Law
Otc
Decision Date
Mar 1, 1989
The Department of Tourism establishes comprehensive rules and regulations for the operation, classification, and licensing of resorts, ensuring standards for safety, maintenance, and guest services across various resort types in the country.

Classification of Resorts by Location and Class

  • Location categories: beach, inland, island, lakeside/riverside, mountain.
  • Classes: "AAA," "AA," and "A," defined by minimum operational and facility standards.

Minimum Requirements for Class "AAA" Resorts

  • Located in pollution-free areas.
  • Free, adequate parking with security.
  • Facilities equivalent to First Class Hotels including rooms and amenities.
  • Clean public washrooms with hot and cold water.
  • At least four sports and recreational facilities.
  • Conference/convention facilities with attached toilets.
  • Employee facilities such as locker rooms and cafeterias.

Minimum Requirements for Class "AA" Resorts

  • Similar location and parking standards as "AAA."
  • Facilities comparable to Standard Class Hotels.
  • Clean public washrooms.
  • At least three sports and recreational facilities.
  • Conference/convention facilities.
  • Adequate employee facilities.

Minimum Requirements for Class "A" Resorts

  • Pollution-free suitable location.
  • Adequate parking free to guests.
  • Rooms equivalent to Economy Class hotels.
  • Clean public washrooms.
  • At least two sports and recreational facilities.
  • Minimum of one food and beverage outlet.

General Operational Standards

  • Maintenance and housekeeping must sustain acceptable standards including vermin control and sanitation under PD 856.
  • Employment of accredited lifeguards and provision of adequate security.
  • Medical services must include a physician (on-call/full-time) and certified first-aid personnel; provision of first aid equipment.
  • Fire-fighting facilities as per Fire Code requirements.
  • Display of signboards indicating resort name and classification.

Regulations for Beach and Lakeside Resorts

  • Placement of an adequate number of buoys designating safe swimming areas.
  • Prohibition of boats and crafts within designated swimming areas.
  • Management empowered to enforce beach regulations and designate loading/unloading zones.
  • Swimming prohibited after 10:00 P.M. with posted notices; night swimming allowed only if lifeguards and lighting conditions meet safety standards.
  • Posting of warning signs about hazards.

Prohibited Acts and Conduct

  • Ban on pets swimming and certain fishing methods like "pukot".
  • Prohibition of ambulant vendors to protect guest privacy.
  • Strict anti-littering policies.
  • Prevention of gambling, drunkenness, and disorderly conduct on premises.
  • Ban on known prostitutes, pedophiles, or persons of bad character from resort occupancy; mandatory police reporting.

Registration and Licensing Requirements

  • Mandatory registration and licensing with the Department before operation.
  • Applications require documents including corporate papers, financial statements, personnel list, liability insurance, rate schedules, and government approvals.
  • The Department forms an inspection committee for ocular inspection using a checklist.
  • Issuance of certificates upon compliance; registration paid once unless lapse in operations.
  • Licenses valid for one year, with a schedule of registration and licensing fees based on resort class.
  • License renewal requires submission of updated corporate documents, lists of personnel, tax returns, insurance proof, and board resolutions.
  • Resort registration includes all facilities operated by the resort.

Penalties and Sanctions

  • Grounds include false declarations, non-compliance with standards, serious injury or death due to negligence, illegal activities, and rule violations.
  • Administrative penalties include fines (P1,000-P10,000), suspension, or revocation of licenses.
  • Criminal penalties include imprisonment and fines with automatic license revocation upon conviction.
  • Liability extends to corporate officers responsible; alien officers may face deportation.

Transfer and Ownership Provisions

  • Transfer of registration and license requires prior Department approval.
  • Share transfers must be reported within ten working days.
  • Certificates must be displayed conspicuously.

Resort Management and Staff Conduct

  • Resorts must maintain a registry book recording guest identification.
  • Employment of foreign nationals regulated by joint circulars from relevant government departments.
  • Department issues ID cards to resort employees; these must be surrendered upon termination.
  • Resort keepers/managers liable for staff misconduct unless due diligence is proven.
  • Acts detrimental to tourism by staff or management grounds for disciplinary action.
  • Development and promulgation of a Code of Ethics and Conduct by the Department and resort associations, with prescribed penalties for violations.

Inspection and Compliance Monitoring

  • Periodic inspections by Department officials with access to records and premises.
  • Inspections conducted at reasonable times respecting guest privacy.
  • Identified deficiencies must be corrected within one week or extended up to two months.
  • Failure to remedy results in fines up to P5,000 and possible license suspension or revocation.
  • Resorts may be reclassified based on compliance and standards adherence.

Complaint Resolution and Quasi-Judicial Powers

  • Department empowered to resolve complaints against resorts and employees following established procedures.

Confidentiality and Data Protection

  • Information filed with the Department treated as confidential, divulged only with consent or Secretary of Tourism’s order.
  • Unauthorized disclosure by Department personnel considered an offense.

Miscellaneous Provisions

  • Adoption of suitable procedures for situations not covered by the Rules.
  • Collaboration with other government agencies for enforcement.
  • Resorts must keep a copy of the Rules available for guests and employees.
  • Rules effective 15 days after publication; provisions declared separable.
  • Repeal of inconsistent previous rules and ordinances upon these Rules’ effectivity.

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