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Group 2 - Full Context of Tourism Act of 2009

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POWERPOINT PRESENTATION AND RECORDED establishments or persons engaged in the occupation of

VIDEO LINK: providing various services for tourists.


https://drive.google.com/drive/folders/14k- Why do we need a tourism law?
zfIqcBUQ_YpAXQf58j_n-7cSRAkne?usp=share_link
As stated by UNWTO, the purpose of travel
legislation is to provide a regulatory framework for the
MEMBERS proper development and management of tourism
activities. Ideally, this will aid in the conservation of
1. Angeline Mae O. Manalang natural resources and the preservation of cultural
2. Christine Eunice E. Cruz traditions. The Republic Act 9593, also known as Tourism
3. Claire Jean M. Casas Act of 2009 was recently enacted on May 12, 2009 by
4. Princess Cyrill R. Baste Former President Gloria Macapagal-Arroyo in Cebu City,
5. Maria Franchesca Dane Ang R.A 9593 recognized tourism as an indispensable
element of the national economy and a source of national
TOPIC: pride which also considered as the Omnibus Tourism
Group 2 - PH Tourism Act of 2009 Code.

Guidelines: TOURISM ACT OF 2009

Total Time Limit: The State declares tourism as an indispensable


→ 40 minutes presentation (exceeding in your time element of the national economy and an industry of
allotment is a deduction of 2points/3mins)} national interest and importance, which must be
→ 30 minutes for the interaction and Professor’s inputs. harnessed as an engine of socioeconomic growth and
Sequence: cultural affirmation to generate investment, foreign
exchange and employment, and to continue to mold an
A. Topic Presentation: 30-40 minutes and must enhanced sense of national pride for all Filipinos.
include;
1. A strong introduction you may use video, picture, or a In the Philippines, Republic Act 9593,
quotation, etc. also known as the Tourism Act of 2009 was recently
2. Main Topic enacted in May 12, 2009. The law is considered as the
3. Current Issues Omnibus Tourism Code in the Philippines. The state’s
4. Conclusion and Recommendation perspective of tourism is seen through the direct
contributions on job creation, foreign exchange
generation and stimulation of large and usually foreign
investments.
B. Others
→ Pls use PPT / Canva Approved by former President Gloria Macapagal-
→ Presenters should be in the meeting room at least Arroyo (PGMA) on May 12, 2009 and published in the
10mins before the schedule for technical preparation Official Gazette on July 13, 2009. Approved by Congress
→ More pictures are encouraged to discuss your topic. as SENATE BILL 2213/HOUSE BILL 5229. The
→ Pls. observe MAXIMUM OF 7LINES AND 7WORDS Implementing Rules and Regulations (IRR)was signed on
PER SLIDE. November 10, 2009 and published November 12, 2009;
→ At least 1Video presentation for the whole group The law was signed by former PGMA during the “One
related to your topic. (ex. Video from YouTube); Visayas Summit on Climate Change” at Imperial Palace,
→ One-two theories as it applies to your topic must be Cebu City.
integrated for the presentation (this goes for the entire
group, not individual presenter)  Recognize sustainable tourism development as
→ Make sure to include 2 related literature and 2 studies integral to the national socioeconomic
in your presentation/per presenter. development efforts to improve the quality of life
→ Include your references using APA Style 7th edition. of the Filipino people, providing the appropriate
→ All files must be uploaded in our MS Teams for attention and support for the growth of this
documentation (videos, ppt, and etc) industry;

 Promote a tourism industry that is ecologically


sustainable, responsible, participative, culturally
FULL CONTEXT ABOUT TOURISM ACT OF 2009 OR sensitive, economically viable, and ethically and
RA 95931 socially equitable for local communities;
What is tourism law?
What is the mandate of the Department of Tourism
According to Carpio-Aldeguer study, It may be
(DOT)?
defined as a body of rules or principles of action which
deals with the regulation, authority, relations and As per the Department of Tourism's Mandate, In
obedience among members of society involved in tourist collaboration with affiliated agencies and other
travel and accommodation. governmental entities, the DOT serves as the primary
planning, programming, coordinating, implementing, and
It includes persons traveling from place to place for
regulatory government agency for the growth and
pleasure or what we called tourist, and business
promotion of the domestic and worldwide tourism
industry. The essential significance of business in (e) Provide an integrated market development
generating jobs, investments, and ingrained foreign program to attract people to visit The Philippines and
exchange in Filipino culture. enhance the prestige of the country and the Filipino
Here are a few of the DOT's initiatives that have people in the international community;
already been put in place or will soon be for the benefit of
(f) Represent the government in all domestic and
the travel and tourism sector in our nation to support its
mission. First and foremost is the Sustainable Tourism international conferences, and in all multilateral or
Development Project (STDP), this aims to address the bilateral treaties and international agreements concerning
demands of travelers, businesses, the environment, and tourism, and ensure the government’s implementation
host communities while fully accounting for the economic, thereof and compliance with all obligations arising there
social, and environmental implications of current and from;
future tourism (UNWTO). This program can help to
enhance the resiliency of the destinations in the (g) Request the President for representation in all
Philippines, specifically in Coron and El Nido Palawan government agencies, offices, boards, commissions and
(Puyat, 2021). committees that may affect tourism;
Another program is "Smart Tourism," which is a (h) Call upon relevant government departments,
new way to make it easier for people to access tourism
agencies and offices, in consultation with the private
and hospitality-related goods, services, locations, and
experiences by using ICT-based (information and sector, to provide access to travel, to facilitate the
communications technology) solutions (European Union). process of obtaining and extending visas, to integrate and
The DOT and Tourism Promotions Board or TPB thought simplify travel regulations and immigration procedures
of this as another strategic goal to promote the country's and to ensure their efficient, fair and courteous
tourism industry. The Philippines still lacks technological enforcement to assure expeditious and hospitable
advancements because we are still improving, making the
reception of all visitors;
development of smart destinations nearly impossible
(Cantero, K. et al., 2021). But even so, the TPB has (i) Support and promote the protection, maintenance
recently produced new virtual destination videos and
and preservation of historical, cultural and natural
360° VR (virtual reality) experiential tours that are
accessible on its page. This feature the country's local endowments, in cooperation with appropriate
destinations, including Boracay, Palawan, and other government agencies and the private sector, and take
locations where we can have free virtual tours. appropriate measures against acts and omissions
(Rocamora, 2022). contrary to these objectives;

To conclude, DOT has more of plans and (j) Monitor conditions of any community in the
programs to offer and we just need to be more aware and Philippines and, in consultation with the LGUs and law
continually support it. By doing this, not only our country's enforcers, issue timely advisories on the safety or viability
tourist destinations will benefit, but we can also achieve
of travel to particular places within the Philippines and on
another mandate of the DOT, which is generating jobs
and investments. Which in result will help many local patronage of entities engaged in tourism related activities
workers to generate income for them to use for their living and of tourism products;
necessities.
(k) Evaluate tourism development projects for the
WHAT ARE SOME OF DOT’S POWERS AND issuance of permits and the grant of incentives by
FUNCTIONS? appropriate government agencies, establish a databank
of tourism areas and projects for investment purposes,
According to Section 6 of Republic Act No. 9593
and encourage private sector investment and
Section 6. Powers and Functions. – The Department shall participation in tourism activities and projects;
have the following powers and functions:
(l) Formulate and promulgate, in consultation with the
(a) Formulate tourism policies, plans and projects for LGUs, the private sector industries and other tourism
the development of tourism as an engine of socio- stakeholders, rules and regulations governing the
economic and cultural growth; operation and activities of all tourism enterprises,
(b) Supervise and coordinate the implementation of including but not limited to a national standard for
tourism policies, plans and project; licensing, accreditation and classification of tourism
enterprises, prescribing therein minimum levels of
(c) Call upon all agencies of government to properly operating quality and efficiency for their operation in
carry out their programs in Relation to and in coordination accordance with recognized international standards,
with the policies, plans and projects of the Department impose reasonable penalties for violation of accreditation
and to assist in the implementation thereof; policies and recommend to the LGUs concerned the
suspension or prohibition of operation of a tourism
(d) Communicate to the President, and other head
enterprise;
departments the heads of departments, agencies and
Instrumentalities of the government about the impact of (m) Monitor the LGUs’ compliance to national
tourism. standards in the licensing of tourism enterprises, receive
and investigate complaints concerning these enterprises, In the Philippines, the most-often cited problems
and act on such complaints to properly implement the by tourists include garbage, peace and order, heavy
provisions of this Act; traffic, lack of information, and poverty (DOT in Cruz,
2000). These indicators are monitored at the level of the
(n) Ensure the proper coordination, integration, and tourist site or municipality, but the practicality of these
implementation of local tourism development plans with indicators will be contingent on primary data collection.
that of the National Government;
What is the structure of DOT?
(o) Provide technical assistance to LGUs in destination
development, standard setting and regulatory According to the Tourism Act of 2009, Section 7, the DOT
enforcement; shall consist of first, the Department Proper, second is the
Department Offices, third is the Services and Unit, and
(p) Undertake continuing research studies and lastly, the Regional and Foreign Offices.
survey to analyze economic conditions and trends
The department proper consists of the Office of the
relating to tourism and travel, and compile and integrate a
Secretary, Undersecretaries and Assistant Secretaries.
statistical databank on the tourism industry;
For the Office of the Secretary, it is responsible for
(q) Delegate to regional offices, in coordination with providing the leadership and direction to the Department
LGUs, specific powers and functions in the of Tourism. Next in the line is still under the department
implementation of tourism policies, plans and projects; proper which is the Undersecretaries and Assistant
Secretaries. This section tells about that the Secretary
(r) Collect necessary fees and charges for the proper shall be assisted by at least three undersecretaries and
implementation of tourism policies, plans and projects; those three are:
and
1. Undersecretary for Tourism Development;
(s) Exercise such other powers and functions as are 2. Undersecretary for Tourism Regulation,
necessary for the implementation of this Act (RA 9593). Coordination, and Resource Generation; and
3. Undersecretary for Special Concerns and
In order to increase tourism to the Philippines and the Administration
standing of the nation and its citizens abroad, the DOT
And remember that each undersecretary shall be assisted
must establish a market development strategy. It must
by the Assistant Secretary. To summarize it all, the
represent the government in all local and international Secretariat Committee will consist of 7 people.
conferences and discussion forums, and in any
multilateral or bilateral treaties and international According to the Tourism Act of 2009, Section 7,
agreements concerning Tourism. Likewise, it plays a Structure of the Department, the DOT shall consist of the
crucial role in coordinating and supplementing the efforts Department Proper, Department Offices, Services and
Unit, and the Regional and Foreign Offices.
of the state/ union territory governments, catalyzing
private investment, strengthening promotional and SECTION 8. Department Proper. – The Department
marketing efforts, and in providing trained manpower Proper shall consist of the Offices of the Secretary,
services. Undersecretaries and Assistant Secretaries.
SECTION 9. Office of the Secretary. – The Office of the
Besides, as part of its function, the Department will
Secretary shall consist of the Secretary and his or her
develop and promulgate, in consultation with local
immediate staff.
governments, the private sector, and tourism
stakeholders, rules, regulations, and standards governing Office of the Secretary
the operation and activities of all tourism enterprises (both
primary and secondary), as well as setting national - The Office of the Secretary is responsible for providing
standards for licensing, accreditation, and classification of the leadership and direction to the Department of
tourism companies. Tourism. It is also responsible for developing policies and
programs, reviewing the effectiveness of the Master Plan,
CURRENT ISSUES and advising the President on all matters related to the
tourism industry.
 Conditional Provisions on Autonomy of LGUs
SECTION 10. Undersecretaries and Assistant
The new Local Government Unit (LGU) law may Secretaries. – The Secretary shall be assisted by at least
be a wake-up call for LGUs but is a challenge in national- three (3) Undersecretaries, namely:
local coordination. The LGU's autonomy in tourism
(a) Undersecretary for Tourism Development, who shall
development is constrained with the provisions of the be responsible for the Office of Product Development, the
Tourism Act where most related activities at the local Office of Tourism Development Planning,Research and
level have to be coordinated with DOT. Information Management and the Office of Industry
Manpower Development;
 Ecotourism Research and Information
(b) Undersecretary for Tourism Regulation, Coordination
and Resource
the development and implementation of the national
Generation, who shall be responsible for the Office of tourism plans and policies and other relevant concerns;
Tourism Standards and Regulations, the Office of (i) Source grants or loans from local and foreign funding
Tourism Coordination, the Office of Tourism Resource institutions to implement tourism policies, plans and
projects;
Generation and all Regional and Foreign Offices; and (j) Create and supervise management information
systems for the entire Department;
(c) Undersecretary for Special Concerns and (k) Formulate and coordinate the implementation of the
Administration, who shall be responsible for the Office of Department’s information system strategic plan; and
Special Concerns, the Financial and Management (l) Pursue the Department’s interests in multilateral,
international, and regional tourism cooperation,
Service, Administrative Affairs Service, Legal Affairs
agreements and treaties.
Service, Internal Audit Service and Legislative Liaison
Unit. SECTION 13. Office of Industry Manpower
Development.
Each Undersecretary shall be assisted by an Assistant
Secretary. – The Office of Industry Manpower Development shall
have the following functions:
Moving on to the six (6) Department Offices, they are:
(a) Conduct seminars on Philippine history, culture,
1.) Office of Product Development environment and related subjects, in coordination with
appropriate government agencies and the private sector,
SECTION 11. Office of Product Development. – The specifically educational institutions;
Office of Product Development shall have the following (b) Develop training modules and conduct seminars and
functions: continuing education program for the industry manpower,
(a) Conceptualize and develop new products which will in coordination with appropriate government agencies
enhance tourism sites and facilities; and tourism enterprises and associations, thereby
(b) Undertake tests on the viability and acceptability of upgrading their quality, competence, and excellence in
new tourism-related products and programs; and tourism services;
(c) Encourage and promote joint undertakings with the (c) Encourage the development of training courses and
private sector for the development of new tourism-related apprenticeship programs for tourist guides and other
products and programs. similar workers jointly with concerned tourism enterprises,
appropriate government agencies and the private sector;
SECTION 12. Office of Tourism Development and
Planning, Research and Information Management. (d) Enlist the participation of experts for the provision of
– The Office of Tourism Development Planning, Research technical assistance,training and education programs to
and Information Management shall have the following LGUs, tourism enterprises and other entities to improve
functions: the quality of tourism services and issue certifications to
the effect that these recipients of assistance, training and
(a) Prepare a National Tourism Development Plan education have passed the standards set by the said
identifying geographic areas with potential tourism value experts, in accordance with this Act.
and outlining approaches to developing such areas;
(b) Formulate policies and programs for global SECTION 14. Office of Tourism Standards and
competitiveness and national tourism development, and Regulations.
approve local government tourism development plans; – Recognizing the need for internationally competitive
(c) Monitor and evaluate the implementation of policies, standards of facilities and services, the Office of Tourism
plans and programs of the Department; Standards and Regulations shall have the following
(d) Formulate an integrated marketing and promotions functions:
plan, identifying strategic market areas and niches; (a) Formulate and enforce standards for the operation
(e) Formulate, in coordination with the Tourism and maintenance of tourism enterprises, prescribing
Infrastructure and Enterprise Zone Authority (TIEZA), minimum and progressive levels of operating quality and
other government agencies and LGUs exercising political efficiency consistent with local and international
jurisdiction over the area, development plans for tourism standards;
enterprise zones and integrating such plans with other (b) Coordinate with relevant tourism enterprise
sector plans for the area; associations, including adventure sports associations, in
(f) Conduct researches and studies, disseminate all the formulation of rules and regulations, accreditation,
relevant data on tourism, monitor and analyze the and enforcement;
socioeconomic impact of tourism upon affected local (c) Develop and enforce a comprehensive system of
communities and the nation to maximize the benefits of mandatory accreditation for primary tourism enterprises,
tourism throughout affected local communities and to and voluntary accreditation for secondary tourism
avoid or mitigate possible negative impacts of the enterprises, in accordance with prescribed guidelines and
industry; standards;
(g) Provide technical assistance to the LGUs and the (d) Establish a system of registration, information,
TIEZA in the preparation of local tourism development linkage, and mutual assistance among accredited tourism
plans to ensure adherence to national policies and enterprises to enhance the value of accreditation and
programs; improve the quality of service rendered by such
(h) Coordinate with government agencies, LGUs, non- enterprises; and
government organizations and other private entities for (e) Evaluate tourism projects in accordance with
standards and endorse the same to appropriate
government agency for an availment of incentives, and tourism promotion comes from the corporate funds of the
provide technical assistance to incentive-giving Tourism Promotions Board.
institutions in the formulation of tourism incentives and
the administration of their functions. In 2020, they allocated 14 billion pesos to
support the tourism industry for three years to help
SECTION 15. Office of Tourism Coordination. recover from the pandemic (Rocamora, 2020). The 14
– Recognizing that increased linkages are necessary billion peso fund would come from the Tourist
between various government offices and the private Infrastructure and Enterprise Zone Authority's (TIEZA)
sector and among the various entities in the private sector own budget and will support several projects for the
itself to properly implement tourism policy, the Bureau of development of the tourism industry, according to Puyat.
Tourism Coordination shall have the following functions: Meanwhile, in 2022, according to Rep. Arlene D. Brosas
(a) Maintain close coordination with National Government (Gabriela Party-list). The Department of Tourism does not
agencies, LGUs, NGOs, and other private entities for the seem to have allotted funding for safety nets, pay
development and implementation of national tourism subsidies, or monetary support for tourism employees,
plans and policies; who were among those most negatively impacted by the
(b) Call upon the assistance and support of any or all of pandemic.
the government agencies in the implementation of the
policies of the Department; and In addition, According to Zamboanga Sibugay
(c) Support the private sector in all tourism activities Representative Wilter Y. Palma, the funding for the
requiring governmental coordination. industry is minimal in proportion to the revenue it
generates, which is why many representatives from
SECTION 16. Office of Tourism Resource Generation. various areas favor increasing the DOT's budget. Yet,
– In line with the objective of ensuring a sustainable The Department of Tourism (DOT), which will receive
funding mechanism for the implementation of tourism 30% more money under the spending plan presented by
policies, plans, programs, projects and activities, the the Executive branch, is still not supported enough in
Office of Tourism Resource Generation shall be tasked comparison to the economic benefits generated by the
with the collection of necessary fees and charges which industry it regulates, according to the legislators who are
shall be used by the Department in the promotion and creating the 2023 budget.
marketing efforts of the Tourism Promotions Board (TPB)
and the development of infrastructure facilities, utilities The Tourism Development Fund, in general, is
and services of the TIEZA. The proceeds of such essential for the tourism industry to accomplish its goals,
collection shall accrue directly and automatically to the such as growing the domestic and international tourism
Department. The guidelines for the collection and markets, which will benefit both the local workforce and
disbursement of these proceeds shall be defined in the the promotion of our nation.
implementing rules and regulations of this Act.
There is hereby created a special fund, to be disbursed
and administered by the Department, called the Tourism WHAT AGENCIES AND CORPORATIONS ARE
Development Fund, which shall be used for the
ATTACHED TO THE DOT?
development, promotion and marketing of tourism and
other projects of the In the department's commitment to serve its purpose,
Department that will boost tourism in the country. The DOT is working with the following agencies:
Fund shall be sourced from the fees and charges which
will be collected by the Department. A special account 1.) Tourism Promotions Board (TPB)
shall be established for this Fund in the National
- Is the government agency responsible for promoting
Treasury.
tourism in the Philippines. In order to increase tourism
Disbursements made from the Fund shall be subject to arrivals and increase industry earnings, it executes a
the usual accounting and budgeting rules and regulations. number of projects and programs. In order to promote
Philippine vacation destinations abroad, the TPB also
oversees advertising campaigns like "It's more fun in the
WHAT IS THE TOURISM DEVELOPMENT FUND? Philippines."
The Tourism Development Fund was created for the 2.) Tourism Infrastructure and Enterprise Zone
Department of Tourism to manage and fairly distribute to Authority (TIEZA)
fund additional DOT initiatives, such as the growth,
promotion, and marketing of tourism, that will boost - The organization in charge of managing the
domestic travel. The fees the DOT will collect will be the
establishment of enterprise zones and tourism
source of the Fund. Because of this, the National
Treasury created a unique account for this Fund (DOT). infrastructure in the Philippines. TIEZA is entrusted with
Based on the online library of the Organisation for promoting environmentally friendly tourism, running
Economic Cooperation and Development or OECD, the public-private partnerships, creating private property for
Annual General Appropriations Act, which has the tourism, and helping foreign investors start new
legislative body's approval, provides financing for the businesses in the nation.
Department of Tourism's efforts to promote tourism.
Funding for infrastructure development comes from the 3.) Duty-Free Philippines Corporation
corporate funds of the Tourism Infrastructure and
Enterprise Zone Authority. On the other hand, funding for
- A company under the jurisdiction of the government that  Regulation of tourism business concessions and
runs the ports and airports in the nation. The business security services
sells duty-free goods to foreign nationals who are passing
POWERS OF LGU IN TOURISM: PROVINCE
through or stopping at one of its sites. Additionally, it runs
retail establishments at Clark International Airport,  Tourism development and promotion programs
Mactan-Cebu International Airport, and Ninoy Aquino
International Airport's (NAIA) Terminal 1, Terminal 2, and POWERS OF LGU IN TOURISM: CITY
Terminal 3.  All municipality and province powers
4.) Intramuros Administration What is the principle role of local government units in
tourism according to RA 9593?
- The agency responsible for the
administration, promotion, and development of Competing budgetary pressures are placing considerable
Intramuros as one of the country's tourist destinations. strain on the ability of local authorities to participate in
non-statutory service such as tourism.
5.) National Parks Development Committee
Therefore, it is essential that local governments tackle
- The organization in charge of managing all of the priority tourism issues and functions that can be fulfilled
nation's national parks and other protected areas, as well by no other agency.
as their development, promotion, and protection. The
committee is also entrusted with promoting ecotourism LGU’s can
initiatives that support safeguarding the local ecosystems
- Provide a strategic and operational role in
and natural resources. maintaing a high quality physical environment;
6.) Nayong Filipino Foundation - Provide links and continuity of policy between the
services, such as planning, environmental health
- Through the help of its Nayong Pilipino Parks, a network and highways, that are essential to a sustainable
of theme parks highlighting Philippine culture and tourism destinations
heritage, the government agency is responsible for - Ensure that the need of the whole destination,
including residents, businesses and the
managing and developing the nation's tourism
environment, are represented and considered in
infrastructure. The foundation was established in 2002 as the management of tourism
a DOTC subsidiary.
SEC. 35. Coordination between National and Local
7.) Philippine Retirement Authority Governments.

- The government organization in charge of overseeing - In view of the urgent need to develop a national strategy
the nation's retirement and pension funds. Executive for tourism development while giving due regard to the
Order No. 386, signed in 1996 by former President Fidel principle of local autonomy, the Department, the DILG
Ramos, established the PRSA. and LGUs shall integrate and coordinate local and
national plans for tourism development. The Department
8.) Philippine Commission on Sports Scuba Diving, may provide financial and technical assistance, training
Tourism Infrastructure Program and other capacity-building measures to LGUs for the
preparation, implementation and monitoring of their
- The Philippine government organization in charge of tourism development plans, gathering of statistical data,
advancing and defending the rights of recreational divers. and enforcement of tourism laws and regulations, giving
due priority to areas that have been identified as strategic
Additionally, the PCSSD is in charge of policing scuba
in the implementation of the national tourism development
diving operations in all Philippine waters and making sure plan. LGUs shall ensure the implementation of such
that divers are adequately prepared and trained before plans. The Department, the TPB and the TIEZA shall
partaking in such activities. prioritize promotion and development assistance for
LGUs which successfully adopt and implement their
tourism development plans.
The Local Government Units and Tourism SECTION 36. National Tourism Development
Planning. – The Department, in coordination with its
According to the local government code of 1991, attached agencies, LGUs and the private sector, shall
“Regulate the establishment, operation and maintenance continuously update the existing national tourism
of cafes, restaurants, beehives, hotels, motels, inns, development plan in view of evolving needs and
pension houses, lodging houses and other similar capabilities of LGUs and the domestic and global tourism
establishments including tourist guides and transports” market.
POWERS OF LGU IN TOURISM: MUNICIPALITY SECTION 37. Local Tourism Development Planning. –
LGUs, in consultation with stakeholders, are encouraged
 Establishment of tourism facilities to utilize their powers under Republic Act No. 7160,
 Development of Tourism attractions otherwise known as the Local Government Code of 1991,
 Acquisition of tourism equipment and facilities to ensure the preparation and implementation of a
tourism development plan, the enforcement of standards tourism enterprise violated the terms of its accreditation.
and the collection of statistical data for tourism purposes. For this purpose, the Department shall enlist the
They shall, insofar as practicable, prepare local tourism assistance of the Bureau of Internal Revenue in arriving
development plans that integrate zoning, land use, at an accurate computation of back taxes to be paid by
infrastructure development, the national system of the pertinent tourism enterprise.
standards for tourism enterprises, heritage and
environmental protection imperatives in a manner that The proceeds of these back taxes shall be distributed as
encourages sustainable tourism development. follows:
(a) One-third to the National Government;
SECTION 38. Reports. – In order to monitor the (b) One-third to the LGUs concerned, to be shared by
resources of the Department and to ascertain the them equally should there be more than one such LGU;
economic and social impact of tourism, all LGUs shall and
provide an inventory of all the resources available to the (c) One-third to the TIEZA. Nothing in this Section shall
Department for use in the implementation of this Act. diminish the powers of the LGUs under the Local
They shall likewise periodically report to the Department Government Code, pertaining to the issuance of business
on the status of tourism plans and programs, tourist permits, licenses and the like. When an enterprise fails to
arrivals, and tourism enterprises, among others, within obtain or loses accreditation, the Department shall notify
their jurisdictions. the LGU concerned so that it may take appropriate action
in relation to an enterprise’s licenses and permits to
SECTION 39. Accreditation. – In order to encourage operate. The Department may, under such relevant terms
global competitiveness, strengthen data gathering and, and conditions stipulated, delegate the enforcement of
research on tourism, and facilitate the promotion of the system of accreditation to LGUs that have adopted
individual enterprises and the industry as a whole, the and successfully implemented their tourism development
Department shall prescribe and regulate standards for the plans. The Department shall promulgate the necessary
operation of the tourism industry. Primary tourism implementing rules and regulations to enforce the
enterprises shall be periodically required to obtain provisions of this Section pursuant to its powers and
accreditation from the Department as to the quality of functions as defined under Section 6 of this Act.
their facilities and standard of services. Accreditation shall
be voluntary for secondary tourism enterprises. The SECTION 40. Value of Accreditation. – The Department
Department shall evolve a system of standards for the shall develop a system to enhance the value of
accreditation of these enterprises in accordance with the accreditation among primary and secondary tourism
relevant tourism development plan. These standards shall enterprises. Only accredited enterprises shall be
adhere, insofar as practicable, to those recognized beneficiaries of promotional, training and other programs
internationally. The Department and LGUs shall ensure of the Department and its attached agencies and
strict compliance of tourism enterprises with these corporations. Accredited enterprises shall, insofar as
standards. The Department, through the Office of practicable, give due preference to other accredited
Tourism Standards and Regulations, shall act on enterprises in obtaining relevant services. The
complaints regarding accredited tourism enterprises and Department shall develop an integrated system of
after notice and hearing, may impose fines, or accreditation in coordination with concerned agencies
downgrade, suspend or revoke accreditation, for violation and entities, in order to reduce the regulatory and
of the terms thereof. The Department shall likewise have financial burden on tourism-related enterprises.
the power and the duty to issue tourism advisories
pertaining to tourism enterprises found to have violated SECTION 41. Local Government Capabilities
the terms of their accreditation. A tourism advisory shall Enhancement. – The Department shall develop support
contain the following: and training programs to enhance the capability of LGUs
to monitor and administer tourism activities, and enforce
tourism laws, rules and regulations in their respective
(a) Complete identification of the pertinent tourism jurisdictions. Funding for such programs shall be shared
enterprise; equitably between the Department and the LGUs
(b) Location of this entity; concerned.
(c) Its registered owner or proprietor and the business
address thereof; SECTION 42. Tourism Officers. – Every province, city or
(d) The specific term or terms of accreditation violated; municipality in which tourism is a significant industry shall
and have a permanent position for a tourism officer. He or she
(e) The statement that the advisory shall only be lifted shall be responsible for preparing, implementing and
updating local tourism development plans, and enforcing
upon continued compliance of the enterprise with the tourism laws, rules and regulations. In the performance of
terms of accreditation. Tourism enterprises registered his or her functions, the tourism officer shall coordinate
with the TIEZA in accordance with the pertinent with the Department and its attached agencies. Prior to
provisions below and availing of the incentives under this appointment, every tourism officer must have obtained a
Act shall further be ordered to pay back taxes in the relevant bachelor’s degree and at least five (5) years of
amount equivalent to the difference between the taxes substantial involvement in the tourism industry. The
that they should have paid had they not availed of the Department may also impose other relevant qualifications
incentives under this Act and the actual amount of taxes and require periodic completion of training programs.
being paid by them under the same incentive scheme. Such qualifications and the powers and functions of
The back taxes to be collected shall be computed up to tourism officers shall be defined in the implementing rules
three (3) years directly preceding the date of and regulations of this Act.
promulgation of the decision or order finding that the
SECTION 43. Tourism Assistance. – In coordination regarding local tourism developments
with the Department’s regional offices, every province, -Assessing the commitment, compatibility and intentions
city or municipality in which tourism is a significant of developer-operators
industry shall establish a tourist information and
assistance center to assist tourists and tourism Funding
enterprises. -Establishing fees, taxes, rates etc. from tourism
SECTION 44. Tourism Site Classification. – The developments and other visitor amenities
tourism councils established in the administrative regions -Funding consultancies, expert advice and research to
of the country shall meet, on a regular basis, to classify address tourism issues and development problems
and evaluate tourism destinations, sites and activities
within their respective regions. Such classifications and Furthermore, DOT, as national tourism planner,
evaluations may be used by the Department and its coordinator and implementer, may consider enhancing
attached agencies, LGUs, and the private sector as guide community participation beyond job creation.
in the development and implementation of their respective
programs.
(1) Investment support and incentives for municipalities
and joint ventures.
CONCLUSION

The Philippines' economy is totally dependent on (2) building networks with informal groups or
the tourism industry for wealth creation. Because our organizations of poor producers involved in the tourism
entire economy depends on the tourism sector, the 2009 industry;
Tourism Act was essential.

Furthermore, RA 9593, was recently ordained in (3) development and institutionalization of indicators
the Philippines on May 12, 2009. In the Philippines, the focusing on positive and negative impacts of tourism on
law is known as the Omnibus Tourism Code. Its main local communities;
goal, as stated in Section 1 is to use tourism as an engine
of socioeconomic progress and cultural affirmation.
Investments, foreign exchange, and jobs will be (4) Strengthen DOT Regional Offices and Local
generated, as well as a sense of national pride for all Government Units to provide marketing and technical
Filipinos. support for regional tourism development plans.

In general, as stated in RA 9593, its objective is


to "develop responsible tourism as a strategy for (5) Finally, identify or certify academic and private sector
environmentally sound and community participatory champions who provide the technical support necessary
tourism, by involving local communities, including for tourism. Last but not least, communities should
indigenous groups, in the preservation of bio-physical and actively participate in formulating local tourism
cultural diversity through community participation." These development plans and build their own capacity.
sections serve as the standard by which our government
must fulfill its objectives and plans for the promotion of
tourism in the Philippines.

Moreover, The foregoing discussion provided us


the big picture on opportunities and challenges of
stakeholders roles in tourism development particularly the
national and local actors and institutions. National and
local roles are anchored on enabling (planning,
promoting, research and business assistance) and
regulatory (enforcement, compliance and conservation)
roles and its delicate balance.
RECOMMENDATIONS

Source: Richins (2002)

Information
-Supporting economic development of local/regional
tourism products
- Local/regional tourism promotion and operation of tourist
offices

Development
-Development applications approvals for tourism-related
land uses, services and facilities
-Varied or waived assessment criteria or standards
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