Professional Documents
Culture Documents
Lesson 8: Laws Regulating Accommodation Establishments
Lesson 8: Laws Regulating Accommodation Establishments
Of the eight criteria, the Philippines only got the highest rank in human
resources development, which indicates the high quality of its human resources,
second in terms of price competitiveness, and third in infrastructure. The price
competitiveness criteria uses data of costs of travel, accommodation, goods and
services, exchange rate, and purchasing power parity. The infrastructure criterion
refers to the accessibility and availability of roads, railways, and sanitation
facilities.
This shows that, aside from the eight criteria, there are other factors which
tourists consider in deciding to visit a country, such as the known and perceived
peace and order situation in a country of destination. Improving the industry’s
competitiveness, therefore, also depends on ensuring the tourists’ personal
security.
The Law
Hotel
d) HousekeepingStandards
e) Food and Beverage Service
f) Recreational Facilities (Swimming pool, golf/squash/gym facilities)
g) Engineering and Maintenance
h) Service and Staff
i) General Facilities (such as roof garden, spacious common terrace,
parking space and valet service, conference room, banquet hall, barber shop,
DOT-accredited travel agency, beauty parlor, sundry shop, security and medical
clinic)
j) Special facilities (such as limousine service, business center, and airport
transfers)
Examples of deluxe hotels are The Peninsula Hotel in Makati City, Hyatt
Hotel and Casino in Manila, and the Bellevue Hotel in Muntinlupa City.
Examples of first-class hotels are Bayview Park Hotel in Manila, Linden
Suites Hotel in Pasig City, and Waterfront Hotel and Casino in Cebu City.
Examples of standard hotels are Days Hotel in Batangas City, Palm Plaza
Hotel in Manila and Grand Men Seng Hotel in Davao City.
Examples of economy class hotels are Hotel Las Palmas in Manila, City
Savers Hotel in Quezon City, and Orchid Garden Suites in Pasay City.
Resort
(2) In no case shall the resort management allow swimming at the beach
front beyond 10:00 pm and appropriate notice shall be posted to inform the resort
guests of this regulation.
(3) Night swimming at the pool shall be allowed only if there are adequate
lifeguards on duty and when the pool premises are sufficiently lighted.
(4) Management shall post sufficient and visible signs in strategic areas in
the resort or at the beach to warn guests/customers of the presence of artificial or
natural hazards, danger or occurrences thereat.
Legal Opinion: The evidence reveals that two keys are required to open
the safety deposit boxes of Tropicana. One key is assigned to the guest while the
other remains in the possession of the management. If the guest desires to open
his safety deposit box, he must request the management for the other key to
open the same. In other words, the guest alone cannot open the safety deposit
box without the assistance of the management or its employees.Thus, in case of
loss of any item deposited in the safety deposit box, it is inevitable to conclude
that the management had at least a hand in the consummation of the taking,
unless the reason for the loss is force majeure. Noteworthy is the fact that the
employees of Tropicana had custody of the master key of the management when
the loss took place. Yet the management failed to notify Mr. McLoughlin of the
incident and waited for him to discover the taking before it disclosed the matter to
him. Therefore, Tropicana should be held responsible for the damage suffered by
Mr. McLoughlin by reason of the negligence of its employees.
Under Article 1170 of the New Civil Code, those who, in the performance
of their obligations, are guilty of negligence, are liable for damages. As to who
shall bear the burden of paying damages, Article 2180, paragraph (4) of the
same Code provides that the owners and managers of an establishment or
enterprise are likewise responsible for damages caused by their employees in
the service of the branches in which the latter are employed or on the occasion of
their functions. Also, if an employee is found negligent, it is presumed that the
employer was negligent in selecting and/or supervising him for it is hard for the
victim to prove the negligence of such employer. Thus, given the fact that the
loss of Mr. McLoughlin’s money was consummated through the negligence of
Tropicana’s employees, both the assisting employees and Tropicana, should be
held solidarily liable pursuant to Article 2193.
The National Building Code of the Philippines (P.D. 1906, February 19,
1977) was adopted in view of the country’s accelerating economic and physical
development coupled with urbanization and population growth. The National
Building Code of the Philippines (NBCP) contains up-to-date and modern
technical knowledge on building design, construction, use, occupancy and
maintenance.
The Law
Section 104. General Building Requirements
The land or site upon which will be constructed any building or structure, or
an ancillary or auxiliary facility thereto, shall be sanitary, hygienic or safe. In the
case of sites or buildings intended for use as human habitation or abode, the
same shall be at a safe distance, as determined by competent authorities, from
streams or bodies of water and/or sources of air considered to be polluted; from
a volcano or volcanic site and/or any other building considered to be a potential
source of fire or explosion.
The following laws, rules and regulations are vital in enforcing the
National Building Code of the Philippines, to wit;
1) Code on Sanitation of the Philippines (P.D. 856). The law provides that
no establishment shall be operated and opened for public patronage without a
sanitary permit issued by the Secretary of Health or his duly authorized
representative. Under said law, such establishments must provide adequate
water supply, toilet and bath facilities, shall be kept clean at all times, and with
periodic insect and vermin control measures to eradicate vectors of diseases.
Additional standards are provided as follows: (1) Animals, fowls and pets
shall be housed in appropriate kennels or cages separate from living quarters; (2)
Employment from such establishments must first secure a health certificate from
the local health authority; (3) Customers shall be provided with clean linen such
as bedsheets, pillow cases, towels and napkins at all times; (4) When rooms or
cabins are vacated, their toilets or baths shall be sanitized and clean and fresh
linen shall be provided before the room or cabin is rented for occupancy.17
2) Ecological Solid Waste Management Act of 2000 (R.A. 9003). The law
provides for the minimum standards for solid waste management, as well as
penalties for violation thereof.
3) Fire Code of the Philippines (P.D. 1185). The law requires owners,
administrators or occupants of buildings, structures and their premises or
facilities and other responsible persons to comply with the following, as may be
appropriate:
a. A fire safety inspection shall be conducted as prerequisite to the grants
of permits and/or licenses by local governments and other government agencies
concerned, for the: (1) Use or occupancy of buildings, structures, facilities or their
premises including the installation of fire protection and fire safety equipment,
and electrical system in any building structure or facility; (2) Storage, handling
and/or use of explosives or of combustible, flammable, toxic and other hazardous
materials;
b. Fire safety measures shall be required for the manufacture, storage,
handling and/ or use of hazardous materials involving: (1) Cellulose nitrate plastic
of any kind; (2) Combustible fibers; (3) Cellular materials such as foam, rubber,
sponge rubber and plastic foam; (4) Flammable and combustible liquids or gases
of any classification; (5) Flammable paints, varnishes, stains and organic
coatings; (6) High-piled or widely spread combustible stock; (7) Metallic
magnesium in any form; (8) Corrosive liquids, oxidizing materials, organic
peroxide, nitro methane, ammonium nitrate, or any amount of highly toxic,
pyrophoric, hypergolic, or cryogenic materials or poisonous gases as well as
material compounds which when exposed to heat or flame become a fire
conductor, or generate excessive smoke or toxic gases; (9) Blasting agents,
explosives and special industrial explosive materials, blasting caps, black
powder, liquid nitro-glycerine, dynamite, nitro cellulose, fulminates of any kind,
and plastic explosives containing ammonium salt or chlorate; (10) Fireworks
materials of any kind or form; (11) Matches in commercial quantities; (12) Hot
ashes, live coals and embers; (13) Mineral, vegetable or animal oils and other
derivatives/ by products; (14) Combustible waste materials for recycling or
resale; (15) Explosive dusts and vapors; and (16) Agriculture, forest, marine or
mineral products which may undergo spontaneous combustion.
c. Fire safety measures shall be required for the following hazardous
operation/ processes: (1) Welding or soldering; (2) Industrial baking and drying;
(3) Waste disposal; (4) Pressurized/forced-draft burning equipment; (5) Smelting
and forging; (6) Motion picture projection using electrical arc lamps; (7) Refining,
distillation and solvent extraction; and (8) Such other operations or processes as
may hereafter be prescribed in the Rules and Regulations.
d. Owners, occupants or administrator of buildings, structures and their
premises or facilities shall incorporate and provide therein fire safety
construction, protective and warning system, and shall develop and implement
fire safety programs, to wit: (1) Fire protection features such as sprinkler
systems, hose boxes, hose reels or standpipe systems and other fire fighting
equipment; (2) Fire alarm systems; (3) Fire walls to separate adjoining buildings,
or warehouses and storage areas from other occupancies in the same building;
(4) Provisions for confining the fire at its source such as fire resistive floors and
walls extending up to the next floor slab or roof, curtain boards and other fire
containing or stopping components; (5) Termination of all exits in an area
affording safe passage to a public way or safe dispersal area; (6) Stairway,
vertical shafts, horizontal exits and other means of egress sealed from smoke
and heat; (7) A fire exit plan for each floor of the building showing the routes from
each other room to appropriate exits, displayed prominently on the door of such
room; (8) Self-closing fire resistive doors leading to corridors; (9) Fire dampers in
centralized air-conditioning ducts; (10) Roof vents for use by fire fighters; and
(11) Properly marked and lighted exits with provision for emergency lights to
adequately illuminate exit ways in case of power failure.18
4) Philippine Environmental Code (P.D. 1152). The law provides for the
minimum standards for air quality management, water quality management, land
use management, natural resources management and conservation, and waste
management.
5) Environmental Impact System (P.D. 1586) and its Implementing Rules
and Regulations (AO 2003-30) by the Department of Environment and Natural
Resources. Under the law, no person, partnership or corporation shall undertake
or operate any such declared environmentally critical project or area without first
securing an Environmental Compliance Certificate issued by the President of the
Philippines through the Department of Environment and Natural Resources.
Hotels and resorts, being areas set aside as aesthetic potential tourist spots are
classified as projects located in Environmentally Critical Areas.
6) Rules and Regulations to Govern the Accreditation of Hotels, Tourist
Inns, Apartels, Resorts, Pension Houses and Other Accommodation
Establishments by the Department of Tourism (DOT, August 26, 1992). This
involves the minimum requirements for the operation, establishment and
maintenance of accommodation establishments in order to be accredited by the
Department of Tourism. Accreditation by the Department of Tourism, although
not mandatory in nature, increases the marketability of a tourism establishment.
7) The Law to Enhance Mobility of Disabled Persons (B.P. 344) and its
Implementing Rules and Regulations. Under the law, no license or permit for the
construction, repair or renovation of public and private buildings for public use
shall be granted or issued unless the owner or operator thereof shall install and
incorporate in such building or establishment such architectural facilities or
structural features as shall reasonably enhance the mobility of disabled persons
such as sidewalks, ramps, railing and the like. In case of the parking place of
such buildings or establishments, the owner or operator shall reserve sufficient
and suitable space for the use of the disabled persons.
Case: Mr. Henry Tan, wants to put up a building for his 5-star hotel to be
located in the Makati area. What are the basic requirements in putting up the
building?
Legal Opinion: Mr. Tan must first secure a building permit from the city
government unit concerned. In this regard, Mr. Tan must comply with the
following legal requirements:
1) Building construction and design must comply under the specifications
provided under the National Building Code;
2) Building construction and design must comply with the rules on
sanitation;
3) Building must provide waste management facilities and equipment, fire
prevention and emergency facilities, and facilities for the disabled persons; and
4) Building must comply under the Environmental Impact System.
Building Permits
The Law
The Law
The Law
(a) Minimum sizes of rooms and their least horizontal dimensions shall be
as follows:
1. Rooms for Human Habitations – 6.00 square meters with a least
dimension of 2.00 meters;
2. Kitchens – 3.00 square meters with a least dimension of 1.50 meters;
3. Bath and toilet – 1.20 square meters with a least dimension of 0.90
meter.
Article 807. Air Space Requirements in Determining the Size of
Rooms (a) Minimum air space shall be provided as follows:
1. School Rooms – 3.00 cubic meters with 1.00 square meter of floor area
per person;
2. Workshops, Factories, and Offices – 12.00 cubic meters of air space per
person;
3. Habitable rooms – 14.00 cubic meters of air space per person.
(a) Every room intended for any use, not provided with artificial ventilation
system as herein specified in this Code, shall be provided with a window or
windows with a total free area of openings equal to at least 10 percent of the floor
area of room, and such window shall open directly to a court, yard, public street
or alley, or open water courses.
Article 811. Artificial Ventilation
(a) Whenever artificial ventilation is required, the equipment shall be
designed and constructed to meet the following minimum requirements in air
changes:
xx x
(b) For rooms entirely above grade and used as bakeries, hotel or
restaurant kitchens, laundries other than accessory to dwellings, and boiler
rooms – not less than ten changes of air per hour shall be provided.
Discussion of the Law
Light and ventilation refers to an easement of natural light and allowance
of circulation of fresh air unobstructed by erections and construction. The
foregoing provision gives the minimum requirements to allow light and ventilation
within the building.
Case: Ms. Lovely Sy wanted to erect a 3-star hotel located in Cebu City.
She proposed to the investors of the hotel that all the rooms will be provided with
technologically advanced, efficient and adequate air-conditioning units with no
window openings. She proposed that expensive bright colored paintings will be
placed and installed inside the rooms to attract guests instead of placing window
openings to preserve the quality of the paintings that will be placed inside the
rooms. Should the proposal of Ms. Lovely Sy prosper?
Legal Opinion: Yes, Ms. Lovely Sy’s proposal will prosper. According to the
National Building Code, window openings must be installed in rooms utilized for
human habitation in the absence of any artificial ventilation. Since the rooms will
be provided with technologically advanced, efficient and adequate artificial
ventilation, no window opening is necessary. As long as the rooms will be
provided with adequate light and ventilation, the proposal of Ms. Sy will prosper.
Sanitation
The Law
Whenever available, the potable water requirements for a building used for
human habitation shall be supplied from existing municipal or city waterworks
system. In case of drinking water from underground sources, it must conform to
the criteria set in the latest approved National Standards for Drinking Water.
Such design, construction and operation of deep wells for the abstraction of
groundwater shall be subject to the provisions of the Water Code of the
Philippines. The water piping installations inside buildings and premises must
conform to the provisions of the National Plumbing Code of the Philippines.
Sanitary sewage from buildings shall be discharged directly into the nearest
street sanitary main sewers under existing municipal or city sanitary sewerage
system in accordance with the criteria set by the Code on Sanitation and the
National Pollution Control Commission. All buildings located in areas where there
are no available sanitary sewerage system shall dispose their sewerage through
septic tanks. Such sanitary plumbing installations must conform to the provisions
of the National Plumbing Code. Adequate provisions shall be made for rainwater
drainage which shall not be discharged to the sanitary sewer system.24
All buildings with hollow and/or wood construction shall be provided with rat
proofing. Garbage bins and receptacles shall be provided with ready means for
cleaning and with positive protection against entry of pest and vermin. It is
advisable though that dining rooms for public use must be provided with artificial
ventilation.
Application of the Law
Case: Mr. Paul Ching, a hotel guest in Alpha Hotel, a first-class hotel located in
Roxas Boulevard, observed that there is an obnoxious smell inside the toilet
room where he is occupying. He also observed that cockroaches and mice are
coming from the upper portion of his room. Did the hotel violate any provisions
under the law?
Legal Opinion: Yes, Alpha Hotel violated the provisions of the Code on Sanitation
of the Philippines (P.D. 856) and the National Building Code (P.D. 1096). Under
said law, such establishments must provide adequate toilet and bath facilities,
shall be kept clean at all times, and with periodic insect and vermin control
measures to eradicate vectors of diseases. An establishment with poor plumbing
installation and wastewater treatment or disposal system must not be allowed to
operate and no sanitary permit from the Department of Health must be given to
such establishment until it has substantially complied with the requirements of
the law on sanitation such as pest and vermin control, adequate waste water
treatment and disposal system.
General Design and Construction Requirements
The Law
Buildings proposed for construction shall comply with all the regulations and
specifications herein set forth governing quality, characteristics and properties of
materials, methods of design and construction, type of occupancy and
classification.
All matters relative to the structural design of all buildings and other structures
not provided for in this Chapter shall conform with the provisions of the National
Structural Code of the Philippines, as adopted and promulgated by the Board of
Civil Engineering pursuant to Republic Act No. 544, as amended, otherwise
known as the “Civil Engineering Law.”
Subject to the provisions of Articles 684 and 686 of the Civil Code of the
Philippines on lateral and subjacent support, the design and quality of materials
used structurally in excavation, footings and in foundations shall conform to
accepted engineering practice.
Footings and foundations shall be of the appropriate type, of adequate size, and
capacity in order to safely sustain the superimposed loads under seismic or any
condition of external forces that may affect the safety or stability of the structure.
It shall be the responsibility of the architect and/or engineer to adopt the type and
design of the same.
Walls and partitions enclosing elevators and escalators shall be of not less than
the fire- resistive construction required under the Types of Construction.
Enclosing walls of elevator shafts may consist of wire glass set in metal frames
on the entrance side only. Elevator shafts extending through more than two
storey shall be equipped with an approved means of adequate ventilation to and
through the main roof of the building. Rubbish and linen chutes shall terminate in
rooms separated from the remainder of the building by a one-hour fire- resistive
occupancy separation. Openings into the chutes shall not be located in required
exit corridors or stairways.
In all occupancies, floors above the first storey having an occupant load of more
than 10 shall not have less than two exits. Each mezzanine floor used for other
than storage purposes, if greater in area than 185 square meters or more than
18.00 meters in any dimension, shall have at least two stairways to an adjacent
floor. Every storey having an occupant load of 500 to 999 shall have at least
three exits. Every storey or portion thereof having an occupant load of 1000 or
more shall have at least four exits. The maximum number of exits required for
any storey shall be maintained until egress is provided from the structures.
Basement or cellars and occupied roofs shall be provided with exits as required
for storey. Floors above the second storey, basement and cellars used for other
than service of the building shall have not less than two exits.29 Where three or
more exits are required, they shall be arranged a reasonable distance apart so
that if one becomes blocked, the others will be available.
Stairways serving an occupant load of more than 50 shall not be less than 1.10
meters. Stairways serving an occupant load of 50 or less may be 900 millimeters
wide. Private stairways serving an occupant load of less than 10 may be 750
millimeters. Trim and handrails shall not reduce the required width by more than
100 millimeters. Stairways shall have handrails on each side and every stairway
required to be more than 3.00 meters in width shall be provided with not less
than one intermediate handrail for each 3.00 meters of required width. Exits shall
be illuminated at any time the building is occupied with lights having an intensity
of not less than 10.7 lux at floor level.
Legal Opinion: The architect is liable for damages in accordance with Article
1723 of the Civil Code of the Philippines. Accordingly, the architect who drew up
the plans and specifications of the building is liable for damages if within 15 years
from the completion of the structure, the same should collapse by reason of a
defect in those plans and specifications. Acceptance of the building after
completion does not imply waiver of any of the causes of action by reason of any
defect in the building.
The Civil Code of the Philippines gives provisions for necessary deposits made
by travelers in hotels or inns. This implies the need for the registration of guests
and/or occupants in accommodation establishments. Accordingly, keepers of
hotels or inns shall be responsible for the deposits given by the travelers or
guests provided notice was given with respect to the effects brought by these
guests and that the keepers of hotels and inns have taken the necessary
precautions prescribed regarding their safekeeping. The liability of hotelkeepers
extend not only to the effects lost or damaged in the hotel rooms but also those
lost or damaged in hotel annexes, such as a garage. In this kind of deposit, the
hotelkeeper cannot escape liability by posting notices to the effect that he is not
liable for the articles brought by the guest. Any stipulation limiting the liability of
the hotelkeeper shall be void.
The Law
x x x.
Adoption of Safety and Security Measures in Hotels, Resorts, and Other
Similar Accommodation Establishments
x x x;
1. Guests’ visitors and joiners shall be registered. The guest booking/information
sheets shall be properly accomplished and verified through valid official
documents, like passport, company ID, drivers license, Social Security System,
etc.;
2. Efficient recording of information on vehicles (make/model, color, plate number
and name for taxicabs) ferrying tourists/guests to and from the hotel shall be
provided;
Failure to comply with this Memorandum Circular shall be a valid ground to
review the accreditation of the establishment by the Department of Tourism.
Under DOT Memorandum Circular No. 2006-09, Series of 2006, all DOT
accredited hotels, resorts and other accommodation establishments are enjoined
to adopt and implement the mandatory requirement of registration of guests and
occupants. This is in line with the Department’s thrust of enduring safe,
convenient and enjoyable stay and travel of both local and foreign tourists as
mandated by Executive Order 120. Failure to comply shall be a ground to review
the accreditation of such establishment by the Department of Tourism.
Homestay Sites
Home Facilities
Training
Family members shall have completed the Department’s training workshop on
Homestay Program.
Waste Management
Under Presidential Decree No. 1152, also known as the Environmental Code of
the Philippines (June 6, 1977), the dumping or disposal of solid wastes into the
sea and any body of water in the Philippines, including shorelines and river
banks, where these wastes are likely to be washed into the water is prohibited,48
and might be a ground for the non-renewal of license to operate within the local
government unit concerned.
On June 26, 2001, Republic Act 9003, also known as Ecological Solid Waste
Management Act of 2000 was enacted to encourage commercial and industrial
establishments, through appropriate incentives other than tax incentives, to
initiate, participate and invest in integrated ecological solid waste management
projects to manufacture environment-friendly products, to introduce, develop and
adopt innovative processes that shall recycle and reuse materials, conserve raw
materials and energy, reduce waste, prevent pollution and to undertake
community activities to promote and propagate effective solid waste
management practices.
Under the same law, the segregation of wastes shall primarily be conducted at
the source, to include household, institutional, industrial, commercial and
agricultural sources.
The following shall be the minimum standards and requirements for segregation
and storage of solid waste pending collection:
(a) There shall be a separate container for each type of waste from all sources:
Provided, That in the case of bulky waste, it will suffice that the same be
collected and placed in a separate designated area; and
(b) The solid waste container depending on its use shall be properly marked or
identified for on-site collection as “compostable,” “non-recyclable,” “recyclable” or
“special waste,” or any other classification as may be determined by the
Commission.
Furthermore, the following are considered prohibited acts in violation of RA 9003:
(1) Littering, throwing, dumping of waste matters in public places, such as roads,
sidewalks, canals, esteros or parks, and establishment, or causing or permitting
the same;
(2) Undertaking activities or operating, collecting or transporting equipment in
violation of sanitation operation and other requirements or permits set forth in
established pursuant;
(3) The open burning of solid waste;
(4) Causing or permitting the collection of non-segregated or unsorted wastes;
(5) Squatting in open dumps and landfills;
(6) Open dumping, burying of biodegradable or non-biodegradable materials in
flood prone areas;
(7) Unauthorized removal of recyclable material intended for collection by
authorized persons;
(8) The mixing of source-separated recyclable material with other solid waste in
any vehicle, box, container or receptacle used in solid waste collection or
disposal;
(9) Establishment or operation of open dumps;
(10) The manufacture, distribution or use of non-environmentally acceptable
packaging materials;
(11) Importation of consumer products packaged in non-environmentally
acceptable materials;
(12) Importation of toxic wastes misrepresented as “recyclable” or “with
recyclable content”;
(13) Transport and dumplog in bulk of collected domestic, industrial, commercial,
and institutional wastes in areas other than centers or facilities as prescribed by
law;
(14) Site preparation, construction, expansion or operation of waste management
facilities without an Environmental Compliance Certificate required pursuant to
Presidential Decree No. 1586 and RA 9003 and not conforming with the land use
plan of the LGU;
(15) The construction of any establishment within two hundred (200) meters from
open dumps or controlled dumps, or sanitary landfill; and
(16) The construction or operation of landfills or any waste disposal facility on
any aquifer, groundwater reservoir, or watershed area and or any portions
thereof.
DOT Memorandum Circular No. 2006-09 Series of 2006 (August 23, 2006)
constitutes the Adoption of Safety and Security Measures in hotels, resorts, and
other similar accommodation establishments. This is in line with the
Department’s thrust of ensuring the safe, convenient and enjoyable stay and
travel of both local and foreign tourists as mandated by Executive Order 120.
Accordingly, failure to comply with such Memorandum Circular shall be a ground
for the review of the accreditation of the accommodation establishment
concerned.
Annie, who works at the reception of Philippines Hotel (a 5-star hotel located in
Roxas Boulevard), received a phone call from an unknown person threatening
that a bomb has been planted near the hotel and about to explode. As an
employee of Philippines Hotel, what must Annie do?