Adoption of Oath of Allegiance to Flag

Core definitions and covered activities

A License is the privilege or authority granted by the Philippine Commission on Sports Scuba Diving to own, operate, and maintain a scuba diving establishment.
Accreditation is the certification issued by the Commission recognizing compliance with minimum standards in the operation of the establishment concerned.
The Commission or PCSSD means the Philippine Commission on Sports Scuba Diving.
A Scuba Diving Establishment is any business establishment engaged in the conduct of sports scuba diving activities in the Philippines whether or not for a fee.
The Department or DOT means the Department of Tourism.
A Scuba Diving Tour Operator is a DOT-licensed establishment that conducts sports scuba diving activities and promotes, sells, or markets sports scuba diving tours.
A Dive Boat Operator is any establishment or person that operates a sail or motor boat licensed to service scuba divers.
A Dive Boat is any motor-run or sail operated boat with live-aboard facilities used for scuba diving purposes.
A Dive Resort is a DOT-licensed establishment that offers food, accommodations, and scuba diving facilities to the public for a fee.
A Professional Dive Center is an establishment engaged in all of: selling scuba diving-related equipment; renting out scuba diving-related equipment; providing air fill service; servicing and repair of scuba diving-related equipment; and conducting scuba diving courses or underwater tours.
A Dive Facility is an establishment engaged in any one of: selling scuba diving-related equipment; renting out scuba diving-related equipment; providing air fill service; servicing and repair of scuba diving-related equipment; and conducting scuba diving courses or underwater tours.
A Dive Instructor/Assistant Dive Instructor is an individual with a valid nationally and/or internationally recognized active teaching status to instruct sports scuba diving on the level stipulated in the relevant national/international certification, who conducts sports scuba diving activities whether or not for a fee.
A Professional Divemaster is a current active certified diver at a stated rating of a national and/or international training agency (or its equivalent) who supervises sports scuba diving activities (such as boat management and underwater tour supervision) but does not give sports scuba diving instruction.

Licensing requirement and who must apply

No person, natural or juridical shall operate or manage a scuba diving establishment without first being licensed by the Philippine Commission on Sports Scuba Diving.
An owner or occupant of any building, edifice, premises, or completely independent part thereof who allows its use as a scuba diving establishment without the requisite license from the Commission commits an offense under the Rules.
Individuals who desire to instruct, assist in the training, or conduct sports scuba diving activities in the Philippines must apply for the needed authorization, whether or not for a fee.
Establishments organized under Philippine laws and duly registered with appropriate government agencies must apply where engaged in sports scuba diving activities for a fee.
Prior to establishing or operating any branch/extension office of scuba diving establishments, the branch/extension office must be licensed by the Commission.
An annual fee equal to 25% of the license fee must be collected for the registration of each branch or extension office.

Licensing requirements, fees, and validity

A dive boat operator license application requires, among others: a Coast Guard and coastwise trade license for paying passengers; a business license and permits for diving, fishing, boat charter, cruising, etc.; certificate of ownership of the vessel; and, for juridical owners, incorporation papers and By-Laws for the vessel.
A dive boat operator license application requires listing of managerial and rank-and-file employees with position, citizenship, and home address, and a complete equipment listing with color photographs.
A dive boat operator license application requires a list of safety equipment and personnel plus a certificate from the owner that such equipment is owned and trained personnel exist.
A dive boat operator license application requires current third party liability accident insurance and a surety bond of PHP 5,000.00 in favor of the Commission to cover or answer for gross violation of the PCSSD Rules and Regulations.
A dive boat with accommodation facilities must additionally have: bunk beds (minimum 27" x 75" with a 2 1/2" thick mattress and pillow) in a sheltered ventilated area; a dining area with seating capacity not less than 50% of rated capacity; at least one (1) toilet shower room for every six (6) passengers (separated or combined); fresh drinking water capacity for passengers and crew computed at minimum 40 liters per person per tour day; and at least two (2) service boats.
A professional dive center license application requires: SEC registration certificate and/or business name registration certificate, licenses and permits from appropriate government agencies; employee lists with position, citizenship, and home address; current third party liability accident insurance; and a PHP 5,000.00 surety bond in favor of the Commission for gross violation of the PCSSD Rules and Regulations.
A dive facility license application requires: SEC registration certificate and/or business name registration certificate, licenses and permits from appropriate government agencies; employee lists with position, citizenship, and home address; current third party liability accident insurance; and a PHP 5,000.00 surety bond in favor of the Commission for gross violation of the PCSSD Rules and Regulations.
For dive instructor/assistant dive instructor/divemaster licensing, the application requires: a certified true copy of a nationally/internationally recognized active status card or certification; a certified true copy of the current professional tax receipt; a sworn affidavit to adhere to safety and ethical standards of the certifying agency (or the current contractual agreement with that agency); valid visa from the Commission on Immigration and Deportation for foreign nationals; current employment permit from the Department of Labor and Employment (DOLE) for foreign nationals holding 9-g visa, ICR or ACR; and current third party liability accident insurance.
Resembling board-and-lodging scuba diving providers and establishments promoting scuba diving tours may be accredited by the Commission as Dive Resorts and Scuba Diving Tour Operators, respectively, upon submission of the DOT license.
Accreditation has no accreditation fee, but applicants must pay the processing fee of PHP 20.00 and the cost of the accreditation sticker.
A Legal Research Fee of PHP 10.00 must be collected from all establishment or individual applicants and remitted to the UP Law Center as required by law.
A one-time registration fee of PHP 3,000.00 must be collected from establishment and individual applicants, except those registered with the Commission prior to the effectivity of the Rules.
Upon submission of documentary requirements and payment of filing and inspection fees, the Commission inspects facilities, equipment, and premises within two months to determine compliance with Commission standards.
Licenses are issued as follows: establishments receive the Certificate of Registration and License within 30 working days after inspection and submission of all documentary requirements and payment of all necessary fees; individual applicants receive licenses within 5 working days after submission of all documentary requirements and payment of all necessary fees.
Licenses are valid for one (1) calendar year and expire on the last working day of the year.
Establishments and individuals must display conspicuously: the current and appropriate PCSSD license of the dive establishment; a list of diving professional and technical staff with their positions; and the current and appropriate PCSSD license of dive professional and technical staff whenever applicable.
Dive instructors/assistant dive instructors and divemasters are issued License cards that must be carried whenever practicable and remain valid for one (1) calendar year.
For loss of license cards, a written notice must accompany the request for replacement; replacement is issued within one (1) month from notice and the applicant must pay PHP 100.00.
Renewal applications must be filed on or before December 1; late applicants must pay a fine equal to 50% of the scheduled fee.
Renewal applications require: authorization to sign the application and submission of renewal documents.
Establishments renewing must submit certified true copy of amended/revised Articles and By-Laws (if applicable), list and information sheets of additional personnel (and changes in organizational chart), a sworn statement by the manager that the manager has not been administratively convicted for violations of PCSSD Rules or criminally convicted of an offense involving moral turpitude, and marketing and other statistics the Commission may require.
Individuals renewing must submit marketing statistical data (including number of students trained for the year and their nationality and sex), and—where applicable—certifying agency contractual agreements and sworn adherence statements to safety and ethical standards.
A filing fee of PHP 50.00 is required upon filing of the application for license with the Commission either in person or by registered mail.
License fee schedule requires: for establishments (annual) PHP 2,000 for Dive Boat Operator, Professional Dive Center, and Dive Facility; and for individuals (annual) PHP 1,000 for Dive Instructor and PHP 750 for Assistant Dive Instructor/Divemaster.
Application forms may be obtained from the PCSSD at the 6th Floor, DOT Building, Rizal Park, at places designated by the Commission, or through the postal system.

Employment rules for managers and staff

To qualify as Manager, an applicant must be a citizen and resident of the Philippines or a foreign national with permanent resident status.
Managers must be of good moral character and must not have been convicted of any crime involving moral turpitude.
At least 80% of staff members must be Filipino citizens.
All staff members must be of good moral character and must not have been convicted of any crime involving moral turpitude.

Substantive operational requirements and equipment controls

All dive establishments and individuals engaged in sports scuba diving activities must be covered with adequate accident liability insurance.
Evidence of insurance coverage with an insurance company acceptable to the Commission must be presented.
All scuba diving establishments must secure a surety bond of not less than PHP 5,000.00 executed in favor of the PCSSD.
If the surety is forfeited or confiscated, the establishment must immediately replace the surety.
Broadcast or print advertisements must conform to advertising ethical standards set by the domestic advertising industry association.
Controlled scuba diving equipment may not be sold, rented, loaned, or transferred by dive boat operators, professional dive centers, dive facilities, dive instructors, and other establishments and individuals unless a record is made of each transaction showing the buyer/lessee/borrower/transferee’s name, address, and diving certificate card or other reputable proof of diver qualification.
The following are controlled scuba diving equipment (and accessories) subject to the recordkeeping prohibition: low pressure or high pressure air compressor; diving regulator; air cylinder; buoyancy compensator; and diving instruments such as computers and gauges.
Professional dive centers and dive facilities must control and limit rentals of specified controlled equipment to one (1) set per certified diver upon presentation of a C-card.
The rental limits for controlled equipment require: high pressure air compressor for breathing purposes to be one set per certified diver; high pressure air cylinder for scuba diving purposes to be limited to a maximum of two (2) sets; diving regulator to be one set per certified diver; buoyancy compensator to be one set per certified diver; and diving instruments such as computers and gauges to be one set per certified diver.
Instructors are exempted from the rental limitations on the number of equipment to be rented.
All scuba courses must be conducted by a licensed and certified instructor/assistant instructor with a current teaching status.
A complete record of each student in scuba courses must be kept on file for at least five (5) years.
Scuba cylinders brought in for filling must have a hydrostatic test date of not more than five (5) years.
Customers bringing in tanks for filling must present proof of diving certification.
Professional dive centers must keep records of all airfill.
Each cylinder filled must have the cylinder serial number and hydrostatic test date recorded and filed by the airfill station as part of the air station compressor log.
All compressors must be carefully maintained and filters changed per operator’s manual or manufacturer’s specifications to prevent contamination of air in the cylinder.
An accurate log book of the compressor’s daily operations must be kept.
A complete record of all repair jobs must be kept on file for at least five (5) years.
A file must be kept on scuba cylinders not passing hydrostatic test, and owners must be informed of the cylinder’s condition.
Condemned cylinders cannot be filled.
A dive boat operator must have current third party liability accident insurance and appropriate safety measures reflected in the required application documents and equipment listings.
Dive resorts, dive tour operators, and related establishments seeking accreditation must submit the DOT license for the Commission’s accreditation issuance.

Complaints, hearings, and procedural due process

Every complaint filed with the Commission must be under oath or affirmation and must include: names and addresses of complainant and respondent; the date when the action arose; the grounds relied upon; and the relief sought.
The Commission may take cognizance of violations of PCSSD Rules and Regulations even without filing of a formal complaint.
If the complainant is a foreign tourist or transient about to leave the country, a simple statement signed by the complainant is sufficient.
Complaints must be filed as an executed original and three copies, and pleadings must be legibly written or mimeographed or printed on good quality paper.
Upon receipt of the complaint, the Commission must furnish the respondent a copy and require the respondent to file an answer within seven (7) working days from receipt.
The answer must be in writing and must deny specifically the material allegations or allege a lawful defense.
The Commission may deny or grant motions, allow amendments, or defer issues raised until after hearing when the grounds alleged do not appear indubitable.
The Executive Director assigns the case to the Legal Division for hearing, investigation, and report.
Hearings are conducted as soon as practicable in a convenient place within the Commission premises, except when conducted as an aftermath of an ocular inspection, in which case hearings may be held in any suitable place within the premises of inspection.
Other venues may be agreed upon by the parties subject to the Commission’s approval.
Counsel must file a written appearance signed by the counsel and must serve it on the opposing party or counsel.
If counsel appears without a prior written appearance, the counsel must give the stenographic reporter the business address of record, including telephone number if any.
A party or counsel must immediately notify the Commission and the adverse party of any change of address.
Witness testimony must be taken under oath or affirmation.
Proceedings are transcribed by a duly appointed stenographic reporter using notes and a tape recorder or other modern device to ensure faithful recording and transcription.
The stenographic reporter must immediately transcribe and deliver transcripts to the investigator, and the original transcript must be initialed on each page by the stenographer.
Proceedings before the Commission are non-litigious and summary in nature without regard to technicalities of law and procedure in courts of law.
The Commission may hold a preliminary conference at its discretion directing the parties and counsel to address amicable settlement of private interest, amplification of issues, amendments, admission or stipulation of facts, and other matters for just, speedy, and inexpensive disposition.
The Commission’s order at the conference guides the subsequent course of action or hearing unless modified at the hearing to prevent manifest injustice.
The Commission must endeavor to effect an amicable settlement at any stage unless it is prejudicial to public interest or third parties, provided it is not contrary to law, rule, regulation, or public policy.
An amicable settlement must be reduced in writing, duly signed by the parties and their counsel, and serves as the basis of the Commission’s order or decision.
The Hearing Officer in the Legal Division may administer oath/affirmation and receive evidence.
With Executive Director approval, the Hearing Officer may issue summons, subpoenas, and subpoena duces tecum to compel attendance and production of books, papers, correspondences, memoranda, or records relevant to the case or investigation.
The Hearing Officer is not bound by technical rules on evidence.
The Executive Director or Hearing Officer may summarily cite direct contempt for misbehavior in their presence or so near them as to obstruct or interrupt proceedings, or refusal to be sworn or subscribe an affidavit when lawfully required.
Direct contempt sanctions may include a fine not exceeding PHP 200.00.
The Commission may adjudge indirect contempt for disobedience or resistance to lawful writs, processes, orders, judgments, or commands; and for abuse of or unlawful interference with Commission process or proceedings not constituting direct contempt.
The Executive Director must submit the resolution or report within 20 days after the case is rested for consideration once assigned to the Legal Division.
Within a reasonable time after receipt of the report/resolution, the Commission may adopt or modify the report or promulgate a separate decision, and must serve a copy immediately on the parties.
A party adversely affected must file a motion for reconsideration within 15 days from receipt of the decision.
Filing a motion for reconsideration suspends the period fixed for appeal to the Board.
A subsequent motion for reconsideration must be based only on newly discovered evidence materially affecting the decision, or errors of law/irregularities prejudicial to substantial rights and interests.
The Executive Director’s order, resolution, or decision becomes final and executory after 15 days from receipt unless appealed to the Chairman.
The Rules of Court apply suppletorily when not in conflict and whenever practicable.

Penalties, fines, bond forfeiture, and license actions

The Commission may impose fine, forfeit bond, suspend, cancel, and/or decide non-renewal of a license depending on the circumstance and gravity for specified acts or omissions.
Non-compliance with or non-submission of renewal requirements is a ground for fine, forfeiture of bond, suspension, cancellation, and/or non-renewal.
Violation of any provision of PCSSD Rules, circulars, and orders is a ground for fine, forfeiture of bond, suspension, cancellation, and/or non-renewal.
Fraudulent representation by the Chief Executive Officer/Manager to secure issuance or renewal of any license under the Rules is a ground.
Gross and evident bad faith with clients or fraudulent solicitation of business is a ground.
Opening any branch or extension office prior to Commission approval is a ground.
Tolerance of gross misconduct, dishonesty, or misrepresentation by officers or employees against clients to the detriment of sports scuba diving in the Philippines, or gross misrepresentation in advertising and promotion that downgrades sports scuba diving or is detrimental to marine conservation, is a ground.
Employment or hiring of scuba diving instructors, assistant scuba diving instructors, and divemasters who are not holders of a PCSSD license or permit issued by the Commission, including working visa or work permit for non-Filipino employees, is a ground.
Failure to pay fines and fees, dues, and contributions imposed under existing laws is a ground.
Failure to submit notice of changes in personnel or organizational setup within 15 working days of such change, and failure to report separation of personnel within 7 working days of separation, is a ground.
Failure to obey or comply with duly promulgated orders, decisions, and rulings of the Commission is a ground.
Violation of tourism laws, administrative orders, circulars, directives, and rules and regulations, and marine conservation laws is a ground.
Without prejudice to civil and/or criminal actions in proper courts, the Executive Director may impose an administrative fine not exceeding PHP 10,000.00 for violations of the Rules or circulars, for causing another to violate, or for suspending/revoking licenses, permits, or accreditation, or confiscating the bond and ordering its disposition.
In imposing administrative penalties, the Commission must consider the nature, circumstance, and gravity of the offense or violation.
The Chairman or Executive Director may authorize representatives to padlock and/or close the office premises of firms and individuals engaged in activities that violate the Rules.

Confidentiality, enforcement powers, and rule construction

Upon written request of the establishment, the Chairman or Executive Director may order that information and documents received by or filed with the Commission under the Rules be treated as confidential and not disclosed to any private party without consent of the party concerned or upon court order.
Any Commission official or employee who violates the confidentiality rule commits an offense under the Rules.
If the Rules do not specifically provide a procedure for a given situation, any suitable procedure or mode conformable to the purpose, intent, and spirit of the Rules must be adopted.
The Commission may enlist the aid, assistance, and support of any and all government agencies whether civil or military in implementing the Rules and enforcement activities.

Separability and repealing effects

The provisions of the Rules are separable; invalidity of any one or more provisions does not affect the validity of other provisions.
All existing rules and regulations, circulars, and administrative orders inconsistent with the Rules are repealed or amended accordingly.