Rules for Licensing and Operation of Tour Guides

The rules are enacted to provide standards governing the business and operation of tour guides.
Where no specific procedure is provided for a given situation, the Department must adopt a suitable procedure conformable to the purposes, intent, and spirit of the rules.

A “Tour Guide” is an individual licensed by the Department to guide tourist—both foreign and domestic—for a fee, commission, or any other form of lawful remuneration.
“License” is the privilege or authority to engage in tour guiding.
“Department” means the Department of Tourism.

Only Filipino citizens may qualify as tour guides.
Aliens with permanent resident status may be granted a license if Filipino tour guides are allowed to guide in the alien’s country.
Applications are filed with the Department for licensing and related actions under the rules.

A tour guide license is issued only upon compliance with the licensing requirements.
An applicant must submit proof of having passed a seminar for tour guides duly conducted by the Department or by other agencies duly authorized by the Department.
The seminar requirement may be waived by the Department when the applicant possesses special academic or professional qualifications relevant to tourism.
An applicant must submit a certificate of good health issued by any duly accredited government physician.
An applicant must submit clearance from the National Bureau of Investigation.
For alien applicants exempted under the permanent-resident rule, the applicant must submit:
- proof of employment with a duly licensed agency, or a permit to work or a registration certificate from the Department of Labor and Employment,
- an appropriate visa from the Commission on Immigration and Deportation,
- proof of reciprocity consisting of a certificate by the proper official of the home state stating that the law of that state allows or permits reciprocal rights to Filipino citizens to engage in tour guiding.
The reciprocity certification must be authenticated in accordance with Act No. 2103.
Home state means the country, or the individual state within a federal country, of which the applicant is a citizen or national.
Upon compliance with the requirements, the license is issued upon payment of the license fee of PHP 75.00 per year.

A tour guide license is valid until 31 December of the next 2 succeeding years.
Licensed tour guides must submit copies of their latest income tax returns on an annual basis.
Renewal application must be filed between 15 December to 15 January every two (2) years.
For renewal, applicants must submit the same requirements as for original licensing except the Affidavit of Proof of having passed a Seminar for Tour Guides and the Proof of Reciprocity.
The affidavit of seminar proof and proof of reciprocity become required for renewal if the applicant has been inactive or has not exercised the tour guide profession for more than two (2) years.
Failure to renew on time triggers a surcharge equal to one hundred percent (100%) of the regular license fee.

A tour guide must wear, while performing duties, the Identification Card issued by the Department upon the grant of the license.
The Identification Card is issued at the cost of Twenty (P20.00) Pesos.
Failure to comply with the compulsory wearing of the ID constitutes a ground for suspension of the license.

The Department may cancel a tour guide’s license on the following grounds:
- conviction of a crime involving moral turpitude; and
- conviction more than once of any acts enumerated as grounds for suspension.
The Department may suspend a tour guide’s license on the following grounds:
- any overt act of dishonesty, misrepresentation, or misconduct committed against a member of the tour group or against the tour guide’s employer or co-employee,
- forced tipping or contributions from tourists,
- failure to comply with the compulsory wearing of the ID, and
- violation of any provision of these Rules, or violation of the Department’s circulars and orders.

No individual may engage in the business of tour guiding as defined under the rules without first being licensed by the Department.
Any person who violates the prohibition—or causes another to violate it—faces criminal liability upon conviction of a competent court.
The prescribed penalty for unlicensed tour guiding is imprisonment of not less than one (1) year nor more than six (6) years, or a fine of not less than Four Thousand Pesos (P4,000.00) nor more than Twenty Thousand Pesos (P20,000.00), or both, at the discretion of the court pursuant to Presidential Decree No. 1463.

The Department exercises quasi-judicial powers in resolving cases filed against tour guides.
Complaints are resolved in accordance with the Department’s rules and procedures governing complaints.
Information and documents received by or filed with the Department under the rules must be treated as confidential.
Such confidential information and documents may not be divulged to any private party without:
- the consent of the party concerned, or
- the order of the Secretary of Tourism.
Department officials and employees, including those temporarily detailed, who violate the confidentiality rule commit an offense under applicable laws and rules.
Where a situation arises without a procedure specifically provided, a suitable procedure must be adopted that is conformable to the purposes, intent, and spirit of the rules.

Without prejudice to penal sanctions under Presidential Decree No. 1463, the Department may impose an administrative fine for violations of the rules.
The administrative fine ranges from not less than One Thousand Pesos (P1,000.00) nor more than Ten Thousand Pesos (P10,000.00).
Administrative action may be taken against any person who violates, or causes another to violate, any provision of these rules or Department circulars.
The Department may also impose administrative consequences that include suspension or revocation of the license of any person subject to the Department’s regulatory jurisdiction.

A Code of Ethics and/or Conduct promulgated and/or accredited by tour guide or travel trade associations recognized by the Department is adopted as part of the rules.
In case of conflict between the rules and the Code of Ethics and/or Conduct, the rules prevail.

In implementing the rules and enforcing orders or decisions, the Department may enlist aid, assistance, and support from any and all government agencies, civil or military.

The rules take effect fifteen (15) days after publication in the Official Gazette or in a national newspaper of general circulation in the Philippines.
The rules contain a separability clause: invalidity of one provision does not affect the validity of other provisions.
All existing circulars issued by the defunct Board of Travel and Tourist Industry, and previously issued Department circulars on the business of tour guiding that are inconsistent with these rules are repealed and superseded accordingly.