Law Summary
Key Definitions
- Apartment-Hotel (Apartel): Independent furnished apartments leased to tourists, offering hotel-like services.
- Tourist Inn: Lodging for transients not meeting economy hotel standards.
- Tenant: Registered paying occupant including family and helpers.
- Hotel: Defined under the Hotel Code of 1987.
- Department and Secretary: Refer to the Department of Tourism and its Secretary.
Basic Requirements for Apartment-Hotels
- Minimum of 25 lettable apartments.
- Each apartment must include living, dining, kitchen, bedroom with toilet/bath.
- Living areas furnished comfortably; kitchens equipped and hygienic.
- Adequate ventilation and lighting; telephone facility or call button required.
- Staff trained and courteous, with uniforms.
- Emergency medical and firefighting facilities mandated.
- Lounge and reception staffed with trained personnel.
- Security provided 24/7.
Lease Contracts and Tenant Rights
- Written lease required with minimum duration of half a month.
- Rent must remain fixed during lease term.
- Utilities charges borne by tenant, with flat rates for short stays.
- Tenants entitled to peaceful possession and security of person and belongings.
- Tenants must comply with lease terms and approved house rules.
Rights and Obligations of Apartels
- Enforcement of lease contracts and house rules.
- Right to eject tenants for non-payment or rule violations.
- Right to appropriate tenant belongings after due notice and police presence for unpaid rent or damages.
- Duty to ensure tenant comfort and peaceful lodging.
- House rules require Department approval.
Basic Requirements for Tourist Inns
- Must be located on principal highways or routes; operate 24/7.
- Bedrooms with attached toilet/bath, adequate lighting, ventilation, and quality furnishings.
- Room size minimums: single rooms (9 sqm), double rooms (16 sqm).
- Hospitality facilities including parking, reception, lounge, telephone, dining, kitchen, and security.
- Emergency power for inns with over 50 rooms.
- Fire-fighting facilities as required.
Registration and Licensing
- Mandatory registration and licensing before operation.
- Application requires corporate documents, tax returns, personnel lists, and insurance proof.
- Inspection committee conducts ocular inspections before licensing.
- Certificate valid for one year, renewable annually.
- Specific registration and licensing fees based on size.
Renewal Procedures
- Renewal applications accepted from September 1–30.
- 50% surcharge for late filing unless excused.
- License may be canceled for failure to apply or provide requirements.
- Renewal submission requires updated corporate documents, personnel info, tax returns, and insurance.
Grounds for Penalties
- False statements on applications.
- Non-compliance with license conditions and operational standards.
- Guest injury or death due to negligence.
- Use of premises for illegal activities.
- Violation of related departmental rules.
Control and Supervision
- License transfer requires Department approval.
- Ownership transfers must be reported within 10 working days.
- Display of registration and license certificates mandatory.
- Guest registry with identification requirements maintained.
- Department issues identification cards to employees, which must be surrendered upon staff separation.
- Periodic inspections at reasonable hours with access to premises and records.
- Deficiencies must be corrected within one week or up to two months for extension.
- Failure to comply results in fines up to P1,000; may lead to license suspension or revocation.
Staff Discipline and Ethical Conduct
- Managerial liability for staff actions; exemption if due diligence proven.
- Acts harming tourism industry grounds for disciplinary action.
- Establishment of Code of Ethics/Conduct with administrative penalties, subject to Department approval.
- Department exercises quasi-judicial powers for case resolution.
Confidentiality
- Information filed with the Department treated as confidential.
- Unauthorized disclosure by officials or employees is an offense.
Penalties for Violations
- Licensed operators: imprisonment 6 months to 2 years and/or fines from P2,000 to P10,000 plus license revocation.
- Unlicensed persons: imprisonment 1 to 4 years and/or fines from P4,000 to P20,000.
- Officers of offending juridical persons liable; alien officers may face deportation.
- Administrative fines from P1,000 to P10,000 and possible suspension or revocation.
Miscellaneous Provisions
- Flexible procedures may be adopted if not specifically provided.
- Department may seek assistance from government agencies.
- Copies of rules must be accessible to guests and employees.
- Rules become effective 15 days post-publication.
- Provisions separable; repeal inconsistent existing rules and ordinances.