TPPD_LESSON 4

Chapter 4: Legal Considerations in Tourism Planning

The Law and Its Purpose

• Sources of the Law:

  • Constitution

  • Treaties and conventions where the Philippines is a signatory

  • Acts of Congress (Republic Acts)

  • Presidential Decrees (from Martial Law era)

  • Executive Orders

  • Memorandum Circulars from national agencies

  • Local ordinances by provincial and municipal governments

  • Customary laws and religious sources (e.g., Shariah)

Definition of Law in Tourism

• Defined through Republic Act 9593 (Tourism Act of 2009) as an instrument guiding tourism development policy.

Examples of Laws Relevant to Tourism Planning and Development

Laws Explaining Rationale and Objectives

• Presidential Decree No. 189 (1973): Established the Department of Tourism; aims to use tourism for national development and cultural pride.

• Tourism Act of 2009 (RA No. 9593): Reorganizes Department of Tourism; includes new agencies, mandates accreditation for tourism enterprises, encourages tourism enterprise zones.

Laws Regulating Tourism Facilities

• National Building Code: Guidelines on design, construction, use, and maintenance of buildings.

• Accessibility Law (1982): Requires access features for persons with disabilities in public/private buildings.

• Sanitation Code: Sets sanitation standards for buildings.

• Fire Code: Establishes fire prevention standards.

Laws Protecting Vulnerable Groups

• Anti-Violence Against Women and Their Children Act (2004): Prohibits violence against women and children.

• Anti Sexual Harassment Act (1995): Bans sexual harassment in various environments.

• Anti-Trafficking in Persons Act (2003): Prohibits exploitation, including trafficking for prostitution and forced labor.

• Magna Carta of Women (RA No. 9710): Ensures women's rights in programs, policies, and decisions affecting them.

• Women in Development Act (RA No. 7192): Promotes women's integration in development programs.

• Indigenous People Rights Act (1997): Protects rights of indigenous peoples over ancestral domains and involvement in decision-making.

• Magna Carta for Disabled Persons (1992): Promotes accessibility in public places for persons with disabilities.

• Expanded Senior Citizens Act (RA No. 7432): Outlines rights and benefits for senior citizens.

Governance Laws

• Local Government Code (1992): Requires local tourism officers in regions with significant tourism.

• Seal of Good Local Governance Act (2019): Incentivizes good governance in local governments.

• Procurement Law (RA No. 9184): Governs procurement processes by government entities.

Laws Promoting Tourism Investments

• Farm Tourism Development Act (2016): Encourages farm tourism integration.

• EO 63 (1986): Provides incentives for foreign tourism investments.

• Omnibus Investments Code (1987): Grants fiscal incentives for tourism-related investments.

Environmental Laws

• Climate Change Act (2009): Integrates climate resilience in government projects.

• National Integrated Protected Areas System Act (1992): Regulations protecting critical habitats from exploitation.

• Environmental Impact Assessment System (1978): Requires assessment of environmental impacts of tourism developments.

• Coral Resources Conservation Act (1977): Regulates coral harvesting.

• Wildlife Resources Conservation Act (2001): Prohibits introducing exotic species in protected areas.

• Clean Water Act (2004): Prevents water pollution.

• Clean Air Act (1999): Regulates air quality and pollutants.

• Ecological Solid Waste Management Act (2001): Implements waste management protocols.

• Philippine Disaster Risk Reduction Act (2010): Promotes disaster risk management and resilience strategies.

• COVID-19 Response: Policies for tourism during the pandemic, including health protocols for establishments.

The Tourism Act of 2009 and Its Major Provisions

• Objectives of the Tourism Development:

  • Promote tourism awareness and preserve cultural heritage.

  • Encourage competition and maximize consumer choice.

  • Facilitate planning in public/private sectors.

  • Ensure an equitable distribution of tourism benefits.

  • Alleviate poverty and support balanced urban-rural development.

Principles of Tourism Development

• Nationalism, Inclusiveness, Research-based planning, Responsible tourism, Multi-sectoral participation, Global competitiveness.

Key Provisions of the Tourism Act

• Mandatory accreditation for primary tourism enterprises.

• Local government units must have tourism officers.

• Promotion of tourism investments through incentives in designated zones.

Local Plans

• Local Tourism Development Plans (TDP) should link to broader local plans.

• TDP should align with the Comprehensive Development Plan (CDP) and Comprehensive Land Use Plan (CLUP).

Tourism Policy and Its Instruments

• Definition of Tourism Policy: Guidelines for tourism development.

• Policy Instruments:

  • Environmental taxes: Seasonal taxes to alleviate environmental pressure.

  • User fees: Entrance fees for protected areas.

  • Accreditation: Environmental standards recognition.

  • Eco-labels: Environmental criteria for tourism-related products.

  • Quotas: Limits on visitor numbers to avoid overcrowding.

  • Zoning regulations: Restrictions on construction in sensitive areas.

  • Architectural guidelines: Controls on building characteristics to preserve environments.