Rules for Sports Scuba Diving Business

Policy, purpose, and mandate

The Philippine Commission for the Development and Promotion of Sports Scuba Diving (the Commission / PCSSD) undertakes activities intended to promote and develop recreational diving among local and foreign tourists.
The Commission formulates and implements programs on marine conservation in the Philippines.
The Commission issues guidelines for the conduct of sports scuba diving activities to regulate the activity in a safe and responsible manner.
The Commission undertakes environmental protection and conservation efforts to preserve the natural beauty of various dive sites.
The Commission may propose legislation that will benefit scuba diving.

Key definitions and covered activities

“License” is the privilege or authority granted and issued by the PCSSD to own, operate, maintain a scuba diving establishment upon compliance with the required minimum standards set by the Commission.
“Commission” or “PCSSD” means the Philippine Commission for the Development and Promotion of Sports Scuba Diving.
“Sports Scuba Diving Establishment” means any business establishment engaged in conducting sports scuba diving activities in the Philippines, whether or not for a fee.
“Department” or “DOT” means the Department of Tourism.
“MARINA” means the Maritime Industry Authority.
“Scuba Diving Tour Operator” means an establishment duly licensed by the PCSSD to conduct sports scuba diving activities and that promotes, sells, or markets sports scuba diving tours.
“Dive Boat Operator” means an establishment or person that operates a sail or motor boat duly licensed by appropriate government agencies to service scuba divers.
“Dive Resort” has two distinct meanings in the Rules:
- a motor-run or sail operated boat or dive banca with or without live-aboard facilities offered to the public/tourists (domestic or foreign) for a fee; and
- an establishment duly accredited by the DOT and PCSSD offering food, accommodation, and scuba diving facilities to the public for a fee.
“Professional Dive Center” means an establishment engaged in any or all of the following:
1. selling scuba diving-related equipment;
2. renting scuba diving-related equipment;
3. providing air fill service;
4. servicing and repair of scuba diving-related equipment; and
5. conducting scuba diving courses or underwater tours.
“Dive Facility” means an establishment engaged in any or all of the following:
1. selling scuba diving-related equipment;
2. renting scuba diving-related equipment;
3. providing air fill service;
4. conducting scuba diving courses or underwater tours.
“Sports Scuba Diving Professional” means a diver with a rank of instructor, assistant instructor, or divemaster certified by an international or nationally recognized certifying agency who conducts sports scuba diving activities in the Philippines, whether or not for a fee.
“Dive Guide” means a current active certified diver to a stated rating of a national and/or International training agency or its equivalent who is engaged in sports scuba diving with 50 to 100 dives and is familiar with the area.

Licensing requirement and application coverage

No person, natural or juridical, shall operate or manage a scuba diving establishment without first being licensed by the PCSSD.
Any dive professional desiring to give lessons, assist in the training, or conduct activities related to sports scuba diving in the Philippines may apply for licensing, whether or not for a fee.
Any establishment organized under Philippine laws and duly registered with appropriate government agency/ies engaged in sports scuba diving activities may apply, whether or not for a fee.
No branch or extension office of scuba diving establishments may be operated unless the branch or extension office is licensed by the Commission.

Licensing requirements and issuance mechanics

A dive boat operator must present:
- a license/permit from appropriate government agencies to engage in diving, fishing, boat charter, cruising, or similar activities;
- a certificate of ownership of vessel;
- incorporation papers and by-laws for vessels owned by a juridical entity;
- a list of managerial and rank and file employees with position, citizenship, and home address;
- a complete listing of equipment with color photographs;
- a list of safety equipment and personnel plus a certificate from the owner that the equipment is owned and trained personnel exist to operate it at the same time; and
- current third party liability accident insurance.
A dive boat operator with accommodation facilities must additionally provide minimum onboard requirements including:
- bunk bends with minimum size 27a x 75a, 2A12a thick mattress, and a pillow in a sheltered area properly ventilated;
- a dining area with seating capacity not less than fifty percent (50%) of the boat’s rated passenger capacity;
- at least one (1) toilet and shower room for every six (6) passengers (toilet and shower room may be separated or combined);
- capacity for enough fresh drinking water for passengers and crew computed at a minimum of forty (40) liters per person, per tour day; and
- at least two (2) service boats.
A professional dive center must present:
- pertinent registration certificate (SEC Registration Certificate and/or Business Name Registration Certificate), permits from concerned LGU and other appropriate government agencies;
- a list of managerial and rank and file employees with position, citizenship, and home address;
- current and valid third party liability accident insurance.
A dive facility must present:
- pertinent registration certificate (SEC Registration Certificate and/or Business Name Registration Certificate), permits from the concerned LGU and other appropriate government agencies;
- a list of managerial and rank and file employees with position, citizenship, and home address;
- current third party liability accident insurance.
Sports scuba diving professionals must present:
- a certified true copy of a current and valid national or internationally recognized status card or certification;
- a sworn affidavit to adhere to the safety and ethical standards of the certifying agency or a copy of the contractual agreement with a contractual agency;
- for foreign nationals, a valid and appropriate visa from the Bureau on Immigration and Deportation for a minimum period of 3 months;
- a current employment permit from the Department of Labor and Employment (DOLE);
- current and valid third party liability accident insurance; and
- a certificate of employment for foreign nationals employed by a dive establishment conducting sports scuba diving activities, whether or not for a fee.
Accreditation for dive resorts and scuba diving tour operators is available to resorts providing board and lodging and to establishments engaged in promotion of scuba diving tours duly accredited by the DOT; accreditation by the Commission requires submission of a license to operate from the appropriate LGU and an accreditation certificate from the DOT, with no accreditation fee but with payment of the required processing fee and cost of the accreditation sticker.
After filing documentary requirements and paying required fees, the Commission conducts an inspection of applicant facilities, equipment, and premises within a reasonable period using a team from NAVSOG and PCSSD to determine compliance with minimum standards.
Inspection must occur before concerned LGU issues any permit to ensure operating and safety standards compliance.
Licenses for establishment applicants are issued within fifteen (15) working days after inspection and submission of all documentary requirements and payment of all necessary fees.
Licenses for individual applicants are issued within 5 working days after submission of all documentary requirements and payment of all necessary fees.
The Commission issues license cards to dive instructors, assistant dive instructors, and dive-masters, which they must carry while engaging in licensed activities.
Replacement of lost license cards requires a written notice of loss and results in issuance within one (1) month from notice, subject to payment of the appropriate replacement cost under Commission guidelines.

License fees, term, and display duties

The annual license fee schedule collected after compliance with requirements is:
- For sports scuba diving establishments:
  - Dive Boat Operator: PHP 5,000.00
  - Professional Dive Center: PHP 5,000.00
  - Dive Facility: PHP 5,000.00
  - Branch or Extension Office: PHP 1,500.00
- For sports scuba diving professionals:
  - Dive Instructor: PHP 1,000.00
  - Assistant Dive Instructor/Divemaster: PHP 750.00
The Commission may increase license fees to cover expenses in adopting and applying new technology for inspection to ensure welfare and safety of sports scuba diving stakeholders and clients or enthusiasts.
A license is valid for one (1) year from the date of issuance by the Commission.
Licensees must conspicuously display:
- the current and appropriate PCSSD license of the establishment;
- permits from the LGU; and
- the list of diving professionals and technical staff employed or contracted by the establishment with their respective positions.
Renewal requires filing the application on or before expiration; late renewal applications incur an administrative penalty equivalent to fifty percent (50%) of the scheduled fees.
Renewal applications for establishment licensees must be signed by authorized signatories and supported by amended/revised SEC Registration Certificate, by-laws, articles of incorporation, partnership if applicable; lists and information sheets of additional personnel including changes in the organizational chart; manager’s Barangay or Police or NBI Clearance; marketing and other statistical data the Commission may require; and valid and adequate accident liability insurance.
Renewal applications for sports scuba diving professionals must be supported by marketing statistical data showing a number of students trained for the year, their nationality, gender, and similar relevant information; a Barangay or Police or NBI Clearance; photocopy of current Diveras Certification Card (C-Card); and valid and adequate accident liability insurance.

Employment rules and manager qualifications

A manager applicant must be a citizen and resident of the Philippines or a foreign national with permanent resident status.
If the manager is a foreign national, a Filipino under study must be trained to take on the job.
Staff employment requires that the staff member is of good moral character and has not been convicted of any crime involving moral turpitude.

Prohibited acts in scuba diving business

Dive establishments and dive professionals must prohibit:
- collection or destruction of corals;
- capture of or harm to endangered marine species;
- use of toxic chemicals in the course of diving;
- spearfishing using scuba; and
- salvage of or transferring sunken artifacts without the necessary permit from proper authorities.

Grounds for fines, suspension, cancellation, non-renewal

Non-compliance with, or non-submission of, renewal requirements is a ground for imposition of fine, suspension, or cancellation depending on the circumstances and gravity.
Violation of any provision of the Commission’s rules, circulars, and orders is a ground for fine, suspension, or cancellation depending on circumstances and gravity.
Fraudulent representation, written or oral, by the Chief Executive Officer/Manager to secure issuance of renewal of any license is a ground for fine, suspension, or cancellation depending on circumstances and gravity.
Gross and evident bad faith in dealing with clients, or fraudulent solicitation of business or similar schemes that work against the overall interest of the sports scuba industry as determined by the Commission is a ground for fine, suspension, or cancellation depending on circumstances and gravity.
Tolerance of gross misconduct, dishonesty, or misrepresentation by an establishment’s officer or employee against its clients to the detriment of sports scuba diving is a ground for fine, suspension, or cancellation depending on circumstances and gravity.
Gross misrepresentation in advertisements and promotion that downgrades sports scuba diving or is detrimental to marine conservation is a ground for fine, suspension, or cancellation depending on circumstances and gravity.
Employment or hiring of scuba diving instructors, assistant scuba diving instructors, and dive-masters who are not holders of a license or permit issued by the Commission—including required working visa or work permit from appropriate government agencies for non-Filipino employees—is a ground for fine, suspension, or cancellation depending on circumstances and gravity.
Failure to pay fines as fees, dues, and contributions imposed under existing laws is a ground for fine, suspension, or cancellation depending on circumstances and gravity.
Failure to obey or comply with duly promulgated Commission orders, decisions, and rulings is a ground for fine, suspension, or cancellation depending on circumstances and gravity.
Violation of any laws, administrative orders, circulars, directives, rules, and regulations of the Commission or any other government agency as found by the latter is a ground for fine, suspension, or cancellation depending on circumstances and gravity.

Mandatory insurance and equipment-control duties

All dive establishments and dive professionals must be covered with valid and adequate accident liability insurance.
Evidence of coverage with an insurance company acceptable to the Commission must be presented.
Broadcast or print advertisements must conform to advertising ethical standards set by the domestic advertising industry association governing fraudulent representations.
Sports scuba diving establishments and professionals are prohibited from selling, renting, lending, or transferring controlled scuba diving equipment or accessories unless a record is made of each transaction showing the name, address, and the vendee/rentee/transferee’s diveras certification card or other reputable proof of diver qualification.
Controlled equipment that cannot be sold/rented/lent/transferred without required transaction records includes:
- 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 controlled equipment to one (1) set per certified diver upon presentation of a C-card.
Rental limits for professional dive centers and dive facilities apply to:
- high pressure air compressor for breathing purposes (one (1) set per certified diver);
- high pressure air cylinder for scuba diving purposes limited to a maximum of two (2) sets;
- diving regulator (one (1) set per certified diver);
- buoyancy compensator (one (1) set per certified diver); and
- diving instruments such as computers and gauges (one (1) set per certified diver).
Instructors are exempted from the equipment rental number limitations stated for controlled equipment rentals.

Course, airfill, and repair recordkeeping rules

All scuba courses must be conducted by a licensed and certified instructor or by an assistant instructor with a current teaching status.
A complete record of each student 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 tanks for filling must present proof of diving certification.
Professional dive centers and dive facilities must keep records of all airfill.
For each cylinder, the airfill records must include the cylinder serial number and the hydrostatic test date, recorded and filed by the airfill station as part of the air station compressor log.
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.
Complete records of all repair jobs must be kept on file for at least five (5) years.
A file must be kept on scuba cylinders that do not pass hydrostatic test requirements.
Owners of condemned cylinders must be informed of the cylinder’s condition.
Condemned cylinders cannot be filled.

Complaints, hearings, and due-process procedures

Every complaint filed with the Commission must be under oath or affirmation and must include the complainant and respondent names and addresses, the date when the action arose, the grounds relied upon, and the relief sought under the Rules.
The Commission may take cognizance of violations of the Rules and Regulations even without a formal complaint filed, based on knowledge obtained.
For complaints by foreign tourists or transients who are about to leave the country, a simple signed statement is sufficient for the Commission to take cognizance and act efficiently while ensuring due process.
Complaints must be filed with an executed original and three (3) copies, plus supporting documents.
Upon receipt of a complaint, the Commission furnishes the respondent a copy with supporting annexes and requires the respondent to file an answer within seven (7) working days from receipt, together with the respondent’s evidence or supporting documents.
The Executive Director acts on the complaint and may request assistance of an expert from within the Commission or the DOT.
The Commission issues the report or resolution within fifteen (15) days from the time the case is submitted for resolution or decision, and hearings/investigations are conducted as soon as practicable.
Proceedings are administrative, non-litigious, and summary in nature.
The Commission may use applicable rules in ordinary legal proceedings in the interest of rendering justice.
Counsel may represent or assist a party, and the Commission encourages counsel assistance for due process.
Witness testimony must be under oath or affirmation, and proceedings are recorded and transcribed by duly appointed Commission personnel using tape recorders or modern devices.
The Executive Director and/or designated hearing officer may direct parties to a preliminary conference on amicable settlement, issue clarification, stipulations, and other matters for just, speedy, and inexpensive disposition.
The Executive Director or hearing officer issues a ruling or order at conference, serving as guide in subsequent hearings unless modified for justice.
An amicable settlement may be pursued by the Executive Director or designated hearing officer at any stage if not prejudicial to public interest or third parties, not contrary to law/rule/regulation, and not against public policy; settlement must be reduced to writing and signed by parties and counsel when applicable, and becomes the basis of a Commission order or resolution.
The Executive Director or designated hearing officer may administer oaths, receive evidence, and compel production of relevant documents or evidence material from parties.
Non-submission or non-compliance with compelled evidence results in resolution based on available records.
Documents submitted are not bound by technical rules on evidence; the Executive Director or hearing officer may adopt applicable laws and court rules in suppletory character for speedy and proper resolution.
The Executive Director resolves or decides within fifteen (15) days from submission for resolution/decision.
If a designated hearing officer conducts the hearing and investigation, the hearing officer submits a report, copies of transcribed proceedings, and pertinent documents to the Executive Director within seven (7) days, and the Executive Director promulgates the resolution or decision within seven (7) days from transmittal.
A party adversely affected may file a motion for reconsideration within fifteen (15) days from receipt, limited to newly discovered evidence that materially affects the decision, and errors of law or irregularities prejudicial to substantial rights and interests.
The Executive Director resolves the motion for reconsideration within ten (10) days from receipt.
Adverse parties may appeal the Executive Director’s resolution/decision, including resolution on reconsideration, to the Commission within seven (7) days from receipt.
The Commission resolves the appeal within ten (10) days from receipt, and the resulting ruling is final as far as the case before the Commission is concerned, while allowing subsequent appeals to higher authorities under existing laws.
The answer and other responsive pleadings must be filed within seven (7) days from receipt of the order.
Failure to comply without justifiable written excuse deemed favorable by the Executive Director or designated hearing officer constitutes waiver and is final and non-appealable as to the Executive Director/hearing officer action on the excuse.
Hearings and investigations proceed continuously within the period set by the Executive Director or hearing officer; failure to attend despite notice is waiver and the hearing proceeds ex parte.

Special Board of Inquiry and incident reporting

The Commission creates a Special Board of Inquiry chaired by one Commissioner and composed of four (4) members designated by the Commission to represent technical, medical, legal disciplines, and representing the dive community.
The Special Board of Inquiry performs fact-findings investigations on cases of accidents involving a diver or a scuba diving establishment.
The Board submits findings through a written report to the Commission.
The Board provides complete information gathered and technical advice on how similar situations may be addressed or avoided to improve diver safety and upgrade Commission policies and rules.
The Board may require witnesses to appear, and witness testimony is recorded by the Board.
Diving accidents warranting professional medical attention must be reported in writing within 48 hours by the dive leader and the dive establishment to the Commission containing pertinent data about the dive(s).
The dive leader and scuba diving establishment must make available to the Commission the victims’ scuba diving equipment.
The Executive Director activates the Special Board of Inquiry within one week after receipt of the report, and the Board conducts a preliminary hearing immediately.

Administrative penalties and confidentiality rules

The Commission through a resolution or decision promulgated by the Executive Director may impose administrative penalties provided in these Rules against any person, natural or juridical, found liable for violations.
Information and documents received by or filed with the Commission under these Rules are confidential and shall not be disclosed to any private party without consent of the party who submitted the information or upon court order.
Any Commission official or employee who violates confidentiality is guilty of an offense under applicable laws and the Commission’s rules and regulations.
If a procedure is not specifically provided in a given situation, the Commission may adopt any suitable procedure or mode of proceedings conformable with the purpose, intent, and spirit of the Rules for promotion and development of sports scuba diving.
The Commission may enlist the aid, assistance, and support of concerned government agencies to implement provisions, enforce circulars, and enforce resolutions and decisions.

Separability, repealing, and effectivity

The provisions are separable; invalidity of one or more provisions by a competent authority does not affect the validity of the remaining provisions.
All existing rules and regulations, circulars, and administrative orders inconsistent with these Rules are repealed or amended accordingly.
The Rules take effect thirty (30) days after publication in the Official Gazette or in a newspaper of general circulation.