Laws Regulating Travel and Tour Services

Under Republic Act No. 9593 (Tourism Act of 2009), travel and tour services, including inbound travel agencies and tour operators, local tour operators, ecotour operators, and tour guides, are classified as Primary Tourism Enterprises.
These enterprises must obtain accreditation from the Department of Tourism (DOT) regarding the quality of their facilities and services.
Tour Operator: An entity engaged in arranging transportation, accommodation, and inbound tours for individuals or groups, whether for a fee or commission.
Tour Guide: An individual who guides tourists for a fee or other lawful remuneration.
A travel agency's role is to make travel arrangements on behalf of customers, including procuring tickets, facilitating travel permits or visas, and booking tours.
Travel agencies act as agents of common carriers.
Republic Act No. 8239 (Philippine Passport Act of 1996) allows licensed travel agencies accredited by the Department of Foreign Affairs to file passport renewal applications, provided they ensure the authenticity of supporting documents.

Accreditation of Travel Agencies and Tour Operators

Requirements for accreditation of tour operators by the DOT:
- Eligibility:
  - Filipino citizen registered as a single proprietorship.
  - Partnership under Philippine laws with at least 60% Filipino ownership.
  - Corporation under Philippine laws with at least 60% Filipino ownership of common or voting shares; Board of Directors must be at least 60% Filipinos.
  - Foreign-owned corporations (over 40%) must have at least US200,000.00 paid-in capital.
  - Cooperative duly organized under Philippine laws.
- Mandatory Documentary Requirements (submitted online):
  - Valid Mayor’s/Business Permit.
  - Proof of working capital of Php500,000.00 (Paid-up/partners’ capital for corporations/partnerships; original bank certification with cheque writer for single proprietorships).
  - For General Manager, documents proving a minimum of three (3) years managerial experience in travel and tour agency operations, or proof of passing a Travel and Tour Agency Management Course or its equivalent.
  - Notarized List of Names of all Officials and Employees (with office designation and nationality).
- Minimum Office Requirements:
  - Located in a commercial area or building.
  - Used exclusively for travel and tour operation business.
  - Adequately furnished with basic furniture and equipment (executive table, chairs, computer, printer, telephone).
  - Minimum office floor area of 18 square meters (except for branch offices).
  - Minimum of three (3) employees: General Manager, reservation officer, and tour/product development officer.
  - Ventilation or temperature control to maintain a temperature between 20-25 degrees Celsius year-round (except in areas above 2000 ft. sea level).
Validity of Accreditation:
- Certificate of Accreditation is valid for two (2) years, subject to renewal of Mayor’s/Business permit and submission of required documents.
Online Travel and Tour Agencies:
- Must comply with all basic requirements of a regular travel and tour agency.

Accreditation of Tour Guides

Specific requirements for accreditation:
- Valid Mayor’s/Occupational/Working Permit.
- Certificate of Training from DOT-conducted Tour Guiding Seminar.
- Valid Health Certificate (certification from a licensed physician).
- For Regional Guides, Valid NBI Clearance.
- For Community Guide, Valid Police Clearance.

Responsibilities of Business Entities

Travel agencies must exercise prudence and due diligence.
Extraordinary diligence is not required in travel or tour contracts.
Tour operators must be held to strict accounting for contracted services.
Tour guides should anticipate tourists' needs and problems, actively arrange for medical attention in case of accidents or illness.
Failure to exercise prudence and due diligence may result in liability for moral and exemplary damages.

Prohibition Against Engaging in Recruitment Activities

Article 26 of the Labor Code prohibits travel agencies from recruiting workers for overseas employment.
Disqualified entities:
- Travel agencies and sales agencies of airline companies.
- Officers or board members of corporations or partners in a travel agency.
- Corporations and partnerships with officers, board members, or partners who are also involved in a travel agency.

E-Ticketing and E-Commerce

E-ticketing reduces costs, eliminates paper, and allows greater flexibility.
Republic Act No. 8792 (Electronic Commerce Act):
- An "electronic document" includes information represented electronically, establishing a right, extinguishing an obligation, or proving a fact.
- Confirmation documents in e-ticketing are considered electronic documents equivalent to airline tickets.
- Electronic documents have the same legal effect and validity as written documents if integrity and reliability are maintained and can be authenticated.
Online Tour Packages
- Fraudulent selling of bogus tour packages online constitutes swindling, punishable under Article 316, paragraph 5 of the Revised Penal Code.
- Misrepresentations regarding inclusions in tour packages may result in liability for damages.

Laws Regulating Meetings, Incentives, Conventions, and Exhibitions (MICE) Organizers

MICE are classified as Primary Tourism Enterprises and require accreditation from the DOT.
Definitions:
- Convention: A gathering to exchange views, expertise, knowledge, skills, information, or policies.
  - Conference: General sessions and face-to-face groups for planning, fact-finding, and problem-solving.
  - Congress: European designation for convention, mainly international in scope.
  - Seminar: Face-to-face group sharing experiences in a particular field under an expert.
  - Lecture: Formal presentation by an expert.
  - Symposium: Panel discussion by experts before a large audience.
  - Forum: Panel discussion with audience participation.
  - Workshop: Participants training each other for new knowledge, skills, or insights.
  - Colloquium: Participants determine the discussion matter.
- Professional Congress Organizer (PCO): Manages conventions as an official, consultant, volunteer, or retained professional.
Accreditation of MICE Organizers
- General Requirements:
  - Accomplished and Notarized Application Form
  - Valid Mayor’s Permit and/or Business License
  - Valid Department of Trade and Industry (DTI) Permit or Securities and Exchange (SEC) Registration
- Specific Requirements for Regular Accreditation:
  - Company Profile/Portfolio
  - Audited Financial Statements reflecting a minimum of Php500,000.00 working capital.
  - Documents to prove a minimum of three (3) years relevant experience in event organizing or proof of attendance to a Professional Congress Organizer/Event Organizer’s Training or its equivalent
- Additional requirements for Premium Accreditation:
  - Proof of successful handling of at least five (5) domestic and international events organized, managed, and serviced with a minimum of 1,000 participants per event or at least 100 exhibitors.
  - Audited Financial Statements reflecting a minimum of Php1,000,000.00 working capital.
  - Proof of membership of good standing from any dully recognized MICE Organizations/Associations
  - Award/Commendation received from reputable institutions/organizations.
MICE facility/venue requirements:
* Comprehensive General Liability Insurance Policy (minimum amount of coverage: Php500,000.00) for regular accreditation
* For premium accreditation:
* Comprehensive General Liability Insurance Policy (minimum amount of coverage: Php1,000,000.00$$).
* Quality Assurance Certification/Award given by an international or national organization.

Crimes Committed during Conferences, Exhibitions, Trade Shows, and Other Events

Rape (Article 266-A of Republic Act No. 8353 - The Anti-Rape Law of 1997):
- Committed by a man who has carnal knowledge of a woman under specific circumstances, including fraudulent machination or grave abuse of authority.
- Elements: offended party is a woman, offender is a man with carnal knowledge, and offender employed fraudulent machination or grave abuse of authority.
Acts of Trafficking in Persons (Section 4 of Republic Act No. 10364):
- Unlawful acts include organizing tours for prostitution, pornography, or sexual exploitation.
- Maintaining or hiring a person for prostitution or pornography.
- Adopting or facilitating the adoption of persons for sexual exploitation.
- Trafficking involves recruitment through fraud, deception, abuse of power, or exploitation.
- Sexual exploitation includes participation in prostitution or the production of pornographic materials through deception, abuse of authority, fraud, or abuse of vulnerability.
- Pornography includes any representation of explicit sexual activities or sexual parts for primarily sexual purposes.

Laws Regulating Casinos and Gaming Establishments

The Philippine Gaming and Amusement Corporation (PAGCOR) regulates all games of chance in the Philippines.
- PAGCOR has the authority to operate and maintain gambling casinos, clubs, and other recreation or amusement places.
- Persons engaged in gambling and their allied businesses must register and affiliate with PAGCOR.
- PAGCOR maintains a registry of affiliated entities and exercises powers over them.

Laws Regulating Churches, Monuments, National Shrines, Landmarks, and Other Important Historical Edifices

Presidential Decree No. 260 (August 1, 1973), as amended, declares specific sites as National Shrines, Monuments, and Landmarks.
It is unlawful to modify, alter, repair, or destroy the original features of any declared national shrine, monument, landmark, and other important historic edifices without prior written permission from the National Historical Institute.
Donations to the National Museum and National Historical Institute are tax-exempt and deductible from the taxable income of the donor.