O-546 Guidelines For CBST
O-546 Guidelines For CBST
PRESENT:
Hon. MIGUEL T. CUADERNO IV City Councilor, Temporary Presiding Officer
Hon. HENRY A. GADIANO City Councilor, Majority Floor Leader
Hon. MODESTO V. RODRIGUEZ II City Councilor, Asst. Majority Floor Leader
Hon. VICKY T. DE GUZMAN City Councilor
Hon. GREGORIO Q. AUSTRIA City Councilor
Hon. MARK DAVID M. HAGEDORN City Councilor
Hon. RAFAELITA S. OLIVEROS City Councilor
Hon. ELEUTHERIUS L. EDUALINO City Councilor
Hon. LUIS M. MARCAIDA III City Councilor, Majority Floor Leader
WHEREAS, the Local Government Code of 1991 provides that local government
units apply their resources and assets for productive, developmental or welfare purposes
and ensure its development into self-reliant communities;
WHEREAS, the Tourism Act of 2009 provides that local government units adopt
the principle of sustainable tourism development in the formulation of their tourism
development plans to give due regard to the conservation of natural endowments and
preservation of cultural heritage while according opportunity for local communities to
achieve a better quality of life.
Section 3. Objectives-Pursuant to the above declarations, the City shall adopt the
following objectives for Community-Based Sustainable Tourism development:
(a.) Ensure that the development of CBST promotes the general well-being of the
people in the community and empowers them thru equitable access to resources and
participation in the development of tourism activities in their locality.
(b.) Build the capacity of the community for the management and operations of
CBST, and for skills and knowhow necessary for employment and livelihood in CBST
recognizing that the community is a rich resource of manpower, talents and products that
can be harnessed to provide services, activities and goods to visitors.
(c.)Advocate and support the conservation and protection of natural resources and
environment of the City thru CBST and eco-tourism development that will sustain for the
benefit of future generations.
(g.)Devise systematic procedures and rules for developing tour packages for CBST
that shall take into account reasonable pricing schemes and fair marketing practices for
all stakeholders, and shall protect the interest of the community and the tourism industry
in general.
(i.) Formulate guidelines for CBST on tourism industry standards consistent with
other relevant applicable national laws and City ordinances and the provisions of City
Ordinance No. 495 (Tourism Ordinance of Puerto Princesa) and Republic Act 9593
(Tourism Act of 2009.)
Section 5. City Tourism Office (CTO) - shall be the department of the City
Government that will ensure and certify that the tourism policies and programs for CBST
development are implemented properly. The City Tourism Office shall:
a. The City Tourism Office shall process and recommend to the City Mayor for
approval the application of any person, partnership, corporation, cooperative and
any other entity to maintain, operate, or engage in the business of, or related to,
community-based sustainable tourism within the territorial jurisdiction of Puerto
Princesa;
b. All CBST engaged in tourism operations shall be issued a certificate of registration
and a Mayor’s Permit to operate as such by the City Mayor. Such application for
registration and Mayor’s Permit shall be processed in accordance with the
procedures provided in this Ordinance and City Ordinance No. 495 as applicable.
Page5/Ord No. 546
In this connection, all tourism activities in Puerto Princesa or any entity violating
this provision shall be subjected to the penalties provided in the Ordinance;
c. All CBST association, person, partnership, corporation and cooperative desiring to
keep, manage or operate any tourism activity in the community for the purpose of
engaging in a tourism-related business, shall accomplish in quadruplicate and
executed under oath, and filed with the City Tourism Office an application form for
registration prescribed for the purpose;
d. Supporting documents to be submitted with the application - Unless otherwise
indicated in the form, the application shall be accompanied by two (2) copies of the
following documents:
1. In case of a CBST association and/or corporation, a certified true copy of the
CBST Article of Incorporation and By-laws, Securities and Exchange
Commission Certificate of Registration or in the case of CBST cooperatives,
Certificate of Registration from the Cooperative Development Authority (CDA)
embodying the CBST principles of organization and operation;
2. Resolution of the Board of Directors of the corporation, association or
cooperative filing the application and designating its representative authorized
to act for and on its behalf;
3. In case of association and/or corporation or cooperative, list of Board of
Trustees/ Board of Directors and other principal officers and their respective
residence certificates, with date and place of issue and nationalities. If a
Director or officer is a naturalized Filipino citizen, such fact should be stated,
accompanied by a copy of his Certificate of Naturalization or Certificate of
Citizenship;
4. Audited financial statements of the applicant, viz. profit and loss statement and
balance sheets for the two preceding years, if applicant has been in operation
for such period, otherwise only such financial statement during its period of
operation;
5. Applicant’s income tax returns for the last three (3) preceding years of its
operation, if the applicant has been operating for more than three (3) years;
otherwise, only such financial statements during the period it has been
operating;
6. Sworn Certificate of List containing the names of the manager, assistant
manager and other members of the staff, and their respective designations,
nationalities, home addresses, and accompanied by a passport size photo of
each of them;
7. Joint ventures and/or technical assistance agreements, if any, existing or
proposed and about to be entered into with foreign nationals, foundations or
non-government organizations;
8. Such other papers or documents as may be required by pertinent laws, rules
and regulations, and circulars.
e. Ocular Inspection. Upon receipt of the application, the Office shall create an
inspection team to conduct an ocular inspection of the CBST site, its immediate
premises and operations for the purpose of determining its compliance to the
provisions of this Ordinance and related laws.
f. Checklist to be Accomplished During Ocular Inspection. - The inspection team
shall provide itself with a set of the checklist. All the deficiencies found and the
requirements complied with and observations or any adverse findings of the team
shall be noted and entered in the checklist.
g. Recommendation by the Office/Department - Having satisfactorily complied
with the requirements prescribed for the business for which registration and
Mayor’s Permit are applied for, the Office shall recommend to the City Mayor the
issuance of the certificate of registration and Mayor’s Permit to operate as a
business engaged in CBST upon payment of the registration fees prescribed in this
ordinance.
h. Mayor’s Permit Subject To Condition - The Mayor’s Permit shall contain
conditions it may impose on the applicant, i.e., requirements apart from what is
Page6/Ord No. 546
1.1Must pass the Basic Tourist Reception & Guiding Techniques Training
Program conducted by the Office and/or DOT
1.2Red Cross or City Health Office Certificate on Basic Life Support/CPR
Training and Water Safety (if applicable)
1.3Certificate of good moral character and membership in good standing issued
by the President of the Community Based Tourism Association
1.4Barangay Clearance
1.5Community Tax Certificate
1.6At least 18 to 60 years old
1.7Certification from the Office
1.8Such other requirements under City Ordinance No. 495.
2. For renewal:
2.1Must pass the Refresher Course set by the Office and/or DOT
2.2Must be certified by the Community Based Tourism Association President
2.3Barangay Clearance
2.4Community Tax Certificate
3. Validity of Trainings and Seminars. Training and seminars for CBST is valid
only for a period of two (2) years. Refresher Courses shall be made available
through the Office or through the Department of Tourism.
4. Validity and Effectivity of Community Tour Guide License. Tour guiding
license shall be for a period of two (2) years from the date of issuance of permit.
5. Tour Guiding Card. A Community Tour Guiding Card shall be provided by the
CBST noted by the Barangay and the Office upon presentation of his/her
permit/license. Said card shall be in full use for a period of four (4) years where
upon expiration of the 2 year validity, the Office shall imprint a new date of
validity in a special sticker tape duly authenticated. After good and full use of
Page8/Ord No. 546
the License Card for another period of two (2) years, a new card shall be
provided for by the Office.
6. Wearing of Identification Card - A community tour guide shall wear ID at all
times while in the performance of his/her duties.
7. Uniform. A community tour guide must be properly and decently dressed in
the conduct of his/her official function in tour guiding, preferably that which
represents the organization where he/she belongs or connected. Or as the case
maybe, the uniform set as standard in tour guiding by the organization which
he/she is a member.
w. Code of Ethics – CBST organizations shall formulate a Code of Ethics within thirty
(30) days from the date of approval of this Ordinance which shall govern the
conduct of their respective members in dealing with one another and the conduct
to be observed by their staff or employees toward each other and their clients. A
copy thereof shall be submitted to the Office within thirty (30) days from the
adoption of such Code of Ethics.
x. Enlistment of Aid, Assistance and Support of Other Government Agencies - In
the implementation of the provisions of this Ordinance and circulars and
enforcement of orders and decisions, the Office may enlist the aid, assistance and
support of any and all government agencies, whether civil or military.
g. Undergo trainings and capacity-building activities for its members and officers for
the sustainable management of the CBST site, on business planning and
management of ancillary tourism enterprises or livelihood activities, as well as on
tourism frontline services such as tour guiding and tour operations, and in
marketing and promotion in line with the CBST objective of job creation,
employment, livelihood, income generation and poverty reduction;
h. Submit to the City Tourism Office a monthly report of visitor arrivals in the CBST
site, a quarterly report of CBST activities and tour operations for puposes of
monitoring and evaluation, an audited financial statement at the end of the year
and to secure a business license or Mayor’s Permit for its business operations at
the beginning of each fiscal year;
i. Distribute appropriately the benefits derived from CBST operations to the CBST
Organization, the Barangay and the City Government, apportioning just and
equitable percentage shares for specific purposes which are defined under section
32 of this Ordinance.
a. Boost the promotion and marketing of the CBST tourism attractions and activities
in the barangay;
b. Support the Barangay and CBST organizations in the sustainable development of
the tourism potentials and natural resources of the community;
c. Formulate and recommend policies for tourism that will contribute to the
alleviation of the socio-economic conditions in the barangay;
d. Coordinate and organize cultural activities, festivals and events in the community
that will further strengthen and invigorate the tourism industry of the City.
e. The composition of the Barangay Tourism Council shall include representatives
from the private sector comprised of the accommodation sector (hotel and resorts),
restaurant, tourist transport sector including driver and boatmen group, tour
guide, civic organizations, civil society groups, non-government organizations,
religious group, CBST officials and other interest groups from which the chairman
will be elected. From the public sector representatives comprising the academe or
school, barangay committee on environment, infrastructure, agriculture, health
and tourism committees.
f. The City Tourism Office shall have advisory and coordinative role in support to the
formation and strengthening of Barangay Tourism Councils and shall be
represented in BTC meetings on an observer status.
Section 10. Offices of the City Government of Puerto Princesa. Together with
the City Tourism Office, the following Offices of the City Government play key roles and
support in the planning, implementation and monitoring of CBST developments in the
community:
a. City Planning and Development Office (CPDO). The CPDO shall coordinate the
preparation and approval of tourism plans and projects, support infrastructure and
services for CBST development in the barangays, as well as monitoring of CBST
developments;
b. City Environment and Natural Resources Office (City ENRO). – The City ENRO
shall be responsible in the implementation and monitoring of environmental laws
and regulations to ensure the ecological integrity of the CBST site, including
compliance with Environmental Impact Assessment (EIA) and Envrironmental
Clearance Certificate (ECC) requirements when necessary, waste segregation,
proper solid and wastewater disposal and management, use of eco-friendly
materials and technology, and other applicable environmental protection and
conservation measures;
c. City Engineering Department (CED) – The City Engineering Department shall
assist and be responsible in drawing out plans and programs of work of the
Page10/Ord No. 546
a. The City Government of Puerto Princesa recognizes the active participation of Non-
Governmental Organizations (NGOs), Foundations, Civic Organizations or Civil
Society Organizations (CSOs) in local governance and extend support in pursuit of
local autonomy, citizen or people’s participation and social accountability under
the framework of constructive engagement;
b. All proposed tourism related development activities, technological assistance,
capacity-building for CBST of Non-Governmental Organizations (NGOs),
Foundations, Civic Organizations or Civil Society Organizations (CSOs) shall be
coordinated and pass through the City Tourism Office for assessment and
evaluation and for proper endorsement to the Sangguniang Panlungsod/City Mayor
upon compliance with the requirements and guidelines set forth in this Ordinance;
c. Reporting to the City Government of fund utilization and development activities
shall be done on a periodic basis for any tourism project or activity in the City
under any binding agreement between the NGO/Foundation/CSO and the City
Government;
d. Availment of City Government funds for tourism and CBST purposes shall be
entered into a form of a tripartiate agreement which shall be subject to review by
the City Tourism Office and the City Legal Office to be duly approved by the
Sangguniang Panlungsod and subject further to standard government auditing
rules and regulations.
e. Partnerships. In order to protect the interest of the communities which the City
Government desires to make sustainable, responsible and productive members of
the society, it shall be provided in this Ordinance that Travel Agencies, Hotels and
Accommodations and Tour Guides, Tour Operators must incorporate in their travel
itinerary/tour packages at least two (2) identified community destinations under a
Memorandum of Agreement or legal contract executed between the concerned
parties.
This provision shall inculcate the social and moral responsibility of all tourism
private enterprises and help its local government to ensure the sustainability of all
community based tourism projects in Puerto Princesa
Section 13. The PPCTPB (Puerto Princesa City Tourism Promotions Board)
and Sectoral Associations of the Tourism Industry.
Page11/Ord No. 546
a. Recommend policies and regulations to the City Tourism Office and Sangguniang
Panlungsod pertaining to the tourism industry and in relation to community-based
sustainable tourism development;
b. Play a supportive role to CBST as a City Government program that shall open up
new tourism destinations in the communities and help uplift the economic
conditions of the poor and marginalized sector of City’s population at the
community level;
c. Recognize and take into the umbrella organization of the PPCTPB the legitimate
CBST organizations as economic drivers of development in the community;
d. Promote CBST tour packages and establish marketing linkages that shall allow for
new CBST sites to benefit and earn income from the tourism industry and in
support to the CBST program of the City of Puerto Princesa.
To attract more foreign and domestic tourists to visit the City of Puerto Princesa it
shall project a desirable image as an ecotourism destination that is community friendly,
environmentally responsible, and providing quality service with a value for money tourism
experience. There shall be a set of guidelines that shall ensure the attainment of the
objective of this provision:
Section 14. The marketing and advertising of Puerto Princesa City as a tourist
destination by tourism enterprises shall be based on truthful and factual information of
the activities to be enjoyed by visitors or tourists in the City’s tourist attractions including
CBST sites;
Section 15. There shall be standard system for packaging and pricing of tour
services on the basis of the distance of the destination, length of tour and type of vehicle,
package inclusions and quality of service, with guest satisfaction as the primary
consideration;
Section 16. The standard tour packages for the City’s destinations and CBST
sites shall be priced reasonably, and acceptable to all tourism stakeholders to be duly
approved by the City Tourism Office and registered with the Department of Trade and
Industry, and not prejudicial to the interest of the public and visitors of the City;
Section 17. Any deviation from the agreed and approved standard tour packages
shall be considered as promotional offers that shall be subject for review and
endorsement by the City Tourism Office and duly approved by the Department of Trade
and Industry (DTI) for a specific period of time;
Section 19. The policy and practice of extending sales commissions on business
transactions in the tourism industry shall only be allowed as a marketing incentive to
tourism players on acceptable levels that could range from 2% to 10% depending on the
type of the product or service, and shall be covered by agreements or contracts between
the parties involved subject to the scrutiny and approval of the City Tourism Office. CBST
sites shall extend marketing incentive from 2% to 5% but not to exceed than 8% with
consideration of the economic conditions and operational status of a particular CBST site.
Section 20. The incentive or commission system in the tourism industry shall be
regulated in such a way that it will not compromise the price and quality of tour packages
offered by the City, and shall not in any way lead to detrimental effects that could harm
the development and competitiveness of the City as a tourist destination in the domestic
and international tourism market.
Page12/Ord No. 546
Section 22. The CBST organizations shall be equipped with the necessary
business management skills and tour operations in the locality that has been developed
for tourist visitation and other business-related activities as part of its capability-building
program;
Section 23. In the best interest of the tourism industry of the City of Puerto
Princesa, and to protect the marginalized groups in the local communities and CBST
organizations, entrance and user fees and tour pricing schemes of all CBST sites shall
undergo evaluation and approval of the City Government through the City Tourism Office.
Section 24. There shall be just and equitable sharing of benefits and income
derived from CBST among the members of the CBST organization (82%), the Barangay
(10%) and for the City Government of Puerto Princesa thru the City Tourism Office for
tourism development special account (8%). This shall be based from the net proceeds
(gross sales less wages, social security, health care benefits, incentives, operating,
maintenance and marketing expenses, and after tax) to sustain the maintenance and
improvement of tourism facilities, services capacity-building and livelihood programs.
Section 25. The income for the CBST Organization shall be devoted for salaries
and wages (40%), educational, housing incentives, health care and other member benefits
(20%) Operating and Maintenance Expenses to include travelling expenses and
representation of its officers and members, capacity-building (10%); and capital outlay for
improvements, site maintenance and operations (10%) and savings and emergency fund
(10%), Reciprocity refund for use by the Barangay (5%) and the City Government (5%)
from total gross income.
Section 26. The guidelines for CBST development embody four (4) sets of global
sustainable tourism criteria that shall be the CBST guiding principles, as follows:
1. Environmental Sustainability
2. Preservation of Local Culture
3. Economically Beneficial and Reduction of Poverty
4. Social Justice, Community Empowerment and Capacity Building
Section 27. CBST Development Plans - All CBST’s must submit a five (5) year
development plan. The development plan shall be a pre-requisite for the establishment of
the CBST.
barangay must complement the existing or prior CBST. All CBST must avoid
completion and should complement each other in order to facilitate the development
thrust of the City Government towards sustainable and environmentally sound tourism.
Section 29. The Barangay CBST and the City Government shall be directly
benefited by all and any tourism related business activity arising out of the original CBST
Page13/Ord No. 546
duly approved by the Sangguniang Panlungsod and the City Legal Office through the
financial sharing stated in the Tripartite Agreement which created the CBST.
Section 30. CBST sites shall comply with environmental laws and policies in
its development such as Environmental Impact Assessment (EIA), Environmental
Clearance Certificate (ECC), FLAgT, Water Code, land use and zoning requirements, local
ordinances, and other relevant and applicable environmental laws;
2. CBST sites and operations shall adopt measures that reduce environmental
pollution and prevent environmental degradation.
3. CBST enterprises shall observe and implement policies and practices that
conserve scarce resources, such as power and water supply, and use
environmentally-friendly products.
a. Tour guiding and interpretation in CBST shall have a fine balance between local
color and storytelling, and scientific knowledge and accuracy;
b. Local produce and handicrafts shall avoid the depletion of cultural artifacts and
other resources, and minimize if not eliminate use of harmful chemicals;
c. Quality products shall be made and sold which reflect an area’s traditions and
creativity;
d. A code of conduct or behavior shall be given on a briefing orientation to visitors,
and posted in conspicuous locations in the site; and
e. CBST shall offer a mix of natural and cultural experience.
Section 31. CBST shall maximize benefits to cultural heritage and minimize
negative impacts indicated in the following manner:
a. The CBST management shall follow guidelines or a code of behavior for visits
to culturally or historically sensitive sites, in order to minimize visitor impact
and maximize enjoyment;
b. Historical and archeological artifacts shall not be sold, traded, or displayed,
except as permitted by law;
c. The CBST enterprise shall contribute to the protection of local historical,
archeological, culturally, and spiritually important properties and sites, and
does not impede access to them by local residents;
d. The CBST enterprise shall use elements of local art, architecture, or
cultural heritage in its operations, design, decoration, food, or shops; while
respecting the intellectual property rights of local communities;
e. A code of conduct for activities in indigenous and local communities shall be
developed with the consent of and in collaboration with the community;
f. Information about local culture, and cultural heritage shall be provided to
customers/guests, as well as explaining appropriate behavior while visiting
natural areas, living cultures, and cultural heritage sites;
g. Respect for the natural or cultural heritage surroundings shall be observed
in siting, design, impact assessment, and in land rights and acquisition;
h. CBST shall open opportunities for the exchange of knowledge and cultures
between tourists and communities;
i. Cultural sensitivity shall be observed in dealing with indigenous
communities and when visiting their ancestral domains ; and
j. Products developed shall be based on the community’s traditional
knowledge, values and skills; and the community shall decide which aspects
of their cultural traditions they wish to share with visitors.
Setion 33. Maximize economic benefits of the local community. This aspect of
economic viability and sustainability shall be measured in term of the following
indicators:
a. Number of direct and indirect jobs created from the CBST activity shall have
increased;
b. Provide supplementary income for individual members of the community and
collectively to the whole community and barangay;
c. Provide a more sustainable form of livelihood and tourism enterprises for local
communities, including number and type of small businesses operating in the
community; and
d. The quality of life of the community members shall have improved and
incidence of poverty reduced.
Section 34. Social Justice and Community Empowerment shall be defined and
determined by the following indicators and parameters:
a. Tourism awareness shall be the first step in the raising of local capacity
to participate in CBST thru tourism awareness seminars, taking into
consideration the communities’ perceptions and misconceptions on
tourism and tourists;
b. Training on CBST development, principles and best practices.
c. Tourism frontline services training for community tour guiding, tourist
reception and information;
d. Tourism business and livelihood training and enterprise development
and management;
e. Environmental protection, conservation and management training; and
f. Training on tourism industry standards, safety and regulations.
To ensure that the standards and rules set forth in this guidelines are followed and
to check whether targets and goals are met, a monitoring system shall be set up. In line
with good governance principles, the monitoring system shall be participatory and multi-
Page18/Ord No. 546
stakeholder involving civil society organizations, communities and citizens, following the
framework of constructive engagement between citizens and government.
a. A coordination-communication structure
This shall outline the flow of information from the responsible office in the
lgu to the monitors, as well as, the responsibilities of each of the actors involved in
the monitoring. As a social accountability mechanism, it shall be led by a multi-
stakeholder core group involving representatives from the civil society and lgu, as
well as, the communities, which will be responsible for:
(1) facilitating the operations of the monitoring system;
(2) organizing monitoring teams;
(3) supervising and coordinating the conduct of monitoring, the processing of
monitoring results and the reporting; and
(4) building the capacity of all those involved from the core group members
to the monitors.
b. Monitoring tool
c. Reporting system
The reporting system shall outline the kind of reports required, the flow of
reports and the use of the reports. The reporting process shall involve processing
of results from the accomplished monitoring tools, convening of stakeholders to
share experience and analyze monitoring results and problem-solving session
with decision-makers to address monitoring results. It shall also contain a quick-
feedback mechanism to allow quick reporting of critical observations noted while
the monitoring is on-going that should facilitate quick response.
Section 38. Powers and Functions of the Composite Inspection Team – The
primary function of the Composite Inspection Team is to insure compliance with the
development plans of the CBST, as such they are hereby vested the following powers and
functions:
(a.) To implement the intent and provisions of the Ordinance, taking into
consideration the holistic development of the City and in safeguarding the
economic, social and environmental well-being of its communities and people;
(b.) Evaluate every two (2) years the development plans of the CBST’s.
TITLE XI. VIOLATIONS AND PENALTIES
Section 39. - PENALTY - In case of violation of any provision of this Ordinance, the following
penalties shall be imposed:
a) First Offense – Suspension of operation for one (1) month and a fine of Three Thousand
(Php3,000.00) Pesos;
b) Second Offense – Suspension of operation for six (6) months and a fine of Four
Thousand (Php4,000.00) Pesos; and
c) Third Offense – Cancellation of Mayor’s Permit and a fine of Five Thousand
(Php5,000.00) Pesos plus perpetual disqualification to engage in any tourism-related
businesses.
Aside from cancellation of Mayor’s Permit and perpetual disqualification to engage in any
tourism-related businesses, the business owner/proprietor, operator or manager, as the case may
be, shall likewise be penalized to pay a fine in the amount of five thousand pesos (Php 5,000.00).
The penalties provided herein are without prejudice to other penalties imposable for
violations of other laws.
Section 40. Automatic Exit – After the lapse of five (5) years or the completion of the
development plan, the CBST partners must turn over the management of the entire CBST to the
community.
Section 41. Transitory Provisions - Whenever provisions of this Ordinance are inadequate
to a given situation, the applicable provisions of the National Laws and Administrative guidelines
shall apply.
Section 42. - Separability Clause - The provisions of this Ordinance are hereby declared
separable, and in the event that any one or more of such provisions are declared invalid, the
validity of all other provisions shall not be affected thereby.
Section 43. - Repealing Clause - Any ordinance, rules or regulations, or any part thereof
inconsistent with this Ordinance are hereby repealed, amended or deemed modified.
Section 44. - Effectivity - This Ordinance shall take effect fifteen (15) days after its full
publication in a local newspaper of general circulation.
SO ORDAINED.
xxx xxx xxx
Page20/Ord No. 546
SAMSON A. NEGOSA
City Secretary
MIGUEL T. CUADERNO IV
City Councilor, Chairman Protempore
Temporary Presiding Officer
SAN/JDA/AJBO/JAA/jjf
EDWARD S. HAGEDORN
City Mayor
ATTESTED: