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Proposed Tourism Code
Proposed Tourism Code
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WHEREAS, Republic Act 9593, Chapter 1, Section 2, known as the Tourism Act of 2009,
declares tourism as an indispensable element of the national economy and an industry of
national interest and importance, which must be harnessed as an engine of socio-economic
growth and cultural affirmation to generate investment, foreign exchange, and employment;
WHEREAS, the Province of Cavite recognizes the importance of tourism industry for local
economic development and believes that there is a need to create an enabling environment
for business and investment and to create jobs and economic opportunities for the benefit of
the people of Cavite;
WHEREAS, the Provincial Government of Cavite is convinced that there is a need for the
enactment of the Provincial Tourism Code that would govern the activities of the local
tourism industry based on the province’s vision;
WHEREAS, the Sangguniang Panlalawigan of Cavite, as the legislative body, shall enact
ordinances, approve resolutions, and appropriate funds for the general welfare of the
province and its inhabitants, pursuant to Section 468(a) of the Local Government Code of
1991, for its efficient and effective governance;
c. Safeguard and preserve the integrity of cultural heritage and restore historical sites
and natural endowments;
e. Alleviate poverty and secure the “trickle down” effect of tourism benefits to
communities;
h. Ensure that all tourism activities, plans, etc., reflect the positive Filipino values,
especially the values of maka-diyos, maka tao, maka-kalikasan (pro-God, pro-
people, pro-environment);
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i. Identify, develop, and promote existing and potential tourism areas and tourism
enterprises zones;
m. Strengthen and support the capability of local government units in mandated tourism
functions;
o. Develop and factor into the tourism industry highly professionalized and trained
human resource components through the concerted efforts and cooperation of both
public and private sectors;
p. Enhance the collection, analysis, and dissemination of data that will accurately
measure the economic and social impact of tourism in the province to facilitate
planning in the public and private sector;
q. Strengthen the role of the provincial tourism council as the highest coordinating and
policy formulating body on tourism in the province and as the umbrella organization
of all sectoral tourism associations;
s. Ensure funding for the implementation of tourism plans, programs, projects, activities
and any form of tourism and culture-related assistance.
d. Marketing of tourism products and services should be as truthful and honest in all
dealings with the traveller;
e. Tourism should strive to continually improve products and services to match specific
target needs;
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f. Local Government Units shall take major responsibility in partnership and
cooperation with concerned government entities and the private sector, for the
improvement, security, administration, and management of tourism destinations;
g. All sectors concerned specifically the academe should work to enhance the skills
and capabilities of local human resources in response to the needs of the tourism
industry;
j. All laws, rules and regulations of national and local government units shall be
harmonized and reconciled to give effect to the program thrusts of the tourism
industry; and
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5. Culture of tourism - a sustainable tourism development principle that binds national
and local governments, local communities, private sectors and stakeholders, to work
together in creating pride of place and sustaining a tourist friendly destination
8. Human resources infrastructures – these include the warm bodies in the tourism
industry, the people operating the various establishments and facilities, the local
population whose lives are intertwined with the development of tourism sites in the
area, the tourist whose quality of lives enriched and enhanced by the beauty, and
the history and the culture of their destinations.
9. Law and regulatory infrastructure - this component refers to the rules of order
necessary to manage and control the tourism industry. These are put in place to
protect the industry and the people who are the very reason for the industry – the
tourists, service and amenities providers, and the local population, with laws and
regulatory measures. The relationships of tourist and their host thus become more
harmonious and fulfilling
11. Physical infrastructures – shall include, but not limited to roads, bridges,
administration buildings, toilets and comfort room facilities, parking areas, rest areas,
forest tracks, walkways, viewing platforms, cottages, wharves, boat landing facilities,
solid and liquid facilities, security and service facilities and communication centers
12. Potential tourist properties – these refer to sites and attractions that are not yet
developed, including but not limited to lakes, waterfalls, volcanic hot springs, caves,
and rainforests
13. Primary tourism establishment – refers to travel and tour services, land, sea, and
air transport services exclusively for tourist use, accommodation establishments,
convention and exhibitions organizers and facilities, tourism estate management
services and such other establishments as may be identified by the Department of
Tourism
14. Secondary tourism establishment – refers to facilities and services that may be
related to tourism such as, but not limited to restaurants, specialty shops and
department stores, sports facilities and recreational centers such as museums and
galleries, theme parks zoos, health and wellness facilities, such as, but not limited to
spas, tertiary hospitals, ambulatory clinics, and medical concierges, rest areas in gas
stations, agri-tourism farms and facilities, tourism training centers or institutes,
including tourism trainers, outbound travel agencies, and such other establishments
as may be identified by the Department of Tourism
15. Standards – set of written functional aesthetics and technical requirements in the
form of specifications or guidelines to ensure that a product and service complies
with the rules and regulations set forth by Provincial Tourism Board
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16. Sustainable tourism development – means tourism development that leads to
management of all resources in such a way that economic, social, and aesthetic
need can be fulfilled, while maintaining cultural integrity, essential ecological
processes, and biological diversity and life support systems
17. Tourism – a major provincial activity in which private sector investment, effort, and
initiative are encouraged, fostered, and supported, and through which socio-
economic development may be accelerated and the appreciation of the province is
natural beauty, history, and culture appreciated with greater pride and commitment
18. Tourism enterprises - facilities, services, and attractions primarily engaged in the
whole or in part of tourism and for the purpose of attracting visitors to and within the
province, such as, but not limited to enterprises provided under the primary and
secondary tourism enterprises
19. Tourism industry – refers to the total of all businesses providing goods and
services to tourists and all types of travellers while they stay, travel, visit and enjoy
the facilities and destinations
20. Tourism infrastructures – have three major components, namely: physical, human
resource, and regular regulatory
21. Tourism resources – refer to natural, cultural, human or capital resources that
either are being used or can be utilized to attract or serve tourists
22. Tourist – refers to a person engaged in tourism, travel for recreational, leisure or
business purposes
b. Coordinate the improvement of the provision of basic utilities such as water, energy,
and power, as well as communication and transport facilities through expansion or
upgrading based on long-term studies and carrying capacity of a tourist destination
and strict implementation and monitoring of environmental laws, rules, and
regulations;
e. Preserve potable water sources and systems in the protection, rehabilitation, and
management of watershed areas province-wide;
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g. Pursue unified effort and institutionalize the proper solid waste management
practices;
i. Identify and facilitate assessment as to the potential tourist site for tourism
investment zone;
k. Ensure compliance with the prescribed and appropriate standard guidelines for the
existing and new tourism-related establishments;
l. Establish tourist information and assistance center in major entry points and/or major
tourism areas in the province as a physical location dissemination of tourism-related
information, promotion of Cavite products and services, and provision of assistance
to tourists and tourism enterprises.
m. Build new and upgrade existing facilities, manpower components, and capacity and
capability buildings, for health care services, emergency responses, and safety of
the tourist and local residents;
n. Develop sustainable and low impact tourism facilities in potential ecotourism sites;
and
b. Organize and train a team of local trainers to capacitate and improve delivery of
services of tourism front liners such as tourism officers, transport operators, tour
guides, drivers, boatmen, porters, and like;
c. The Provincial Tourism and Cultural Affairs Office in coordination with the Provincial
Tourism Council and the Department of Tourism shall implement a certification and
accreditation system to regulate the quality of service and skills provided by tour
guides, tour operators, life guards, MICE organizers, first aiders, and tourist transport
operators to guarantee that tourism frontliners are well-trained and qualified,
provided with incentives and rewards, organized and federated based on their work
affiliations
e. Incorporate and advocate the culture of tourism and values formation at all levels.
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a. The tourism industry is governed by national and local laws as well as rules and
regulations issued by the administrative bodies pursuant thereto. Local government
units shall issue rules, regulations and directives on tourism pursuant to the
provisions of Republic Act no. 7160, otherwise known as the Local Government
Code of 1991.
b. No foreign tour guide/escort shall be allowed under this Code except when there is
no available local tour guide/escort who is knowledgeable of the language of a
particular foreign tourist market, in which case, travel/tour organizers shall be
required to hire accredited local tour guides as understudy. Two years after
effectivity of the Code, all tour guides/escorts shall be Caviteños.
Section 11. B. Board of Directors – The Board of Directors (BOD) shall be composed of
seven (7) members elected from the Cavite Provincial Tourism Council. The composition
shall be: five (5) members from the private sector and two (2) members from the
government sector.
Section 11. C. Process of Selection – The process of selection for representatives of
various sectors to the Cavite Provincial Tourism Board shall be initiated by the Provincial
Tourism and Cultural Affairs Office. Representatives shall be selected by and from among
the members of the sector concerned. Only regular members can vote and be voted as
officers of the Council, A secretariat composed of three (3) employees shall assist the board
in all its activities and functions.
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Section 11. D. Term of Office - Officers of the Council shall serve for two (2) years.
Election of officers shall be held in the first week of June, every two years. The term of
office of the new set of officers shall commence on July 1 of the same calendar year.
Section 12. Membership - The Board shall be composed of sixty percent (60%) from the
private sector and forty percent (40%) from the government sector. Private sector
participation must be drawn mainly from the business sector. All associations/entities which
directly represent various sectors/elements of the tourism industry in the province shall be
encouraged to become members of the Cavite Provincial Tourism Council. The Council
may create committees as needed.
Section 13. Types of Membership. The Council shall have the following type of
membership
1. Honorary Members - those who are invited to join the Council because of their
contribution to the advancement of the tourism industry
2. Regular Members - all associations/entities which directly represent various
sectors/elements in the tourism industry
3. Allied Members - All associations/entities which do not directly represent any of
the sectors/elements of the tourism industry in the province but which, nevertheless,
are interested in the promotion/development of tourism in general; or which have
tourism function/interests, but are not wholly private in structure or character; or
which by virtue of discipline or business or otherwise are tourism related.
Section 14. Source of Funds. The funds of the board shall come from:
1. Membership fees and/or dues approved by the members and the officers of the
Board;
2. Grants and donations;
3. Proceeds of activities undertaken by the Council;
4. Financial assistance through local legislation, as well as any other income that
may be legally earned by the Council.
Section 15. Meeting and Quorum - The BOD of the Cavite Provincial Tourism Council
shall meet once every quarter. Majority (50% plus 1) of the officers present in any meeting
called upon by the Board with prior written notice shall constitute a quorum. A general
membership meeting shall be held at least once a year. Special meeting can be called by
the Chairperson of the BOD as the need arises.
Section 16. Duties and Functions of the Council. The Provincial Council shall:
(will refer to the EO created by OPG)
a. Help identify, develop, and promote potential tourism attractions;
b. Extend technical assistance to all tourism-oriented and -related establishment;
c. Advocate for a responsible culture of tourism among stakeholder and tourist alike;
d. Create sustainable tourism programs and project for the community;
e. Create and promote awareness on the benefit of tourism through mixed media;
f. Help monitoring compliance of the requirement of standards and regulation set by the
DOT, Local Government Units (LGU), and other government agencies for the general
welfare of tourist, visitors, and the community;
g. Coordinates with the LGUs in the implementation of the Provincial Tourism Code;
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h. Formulate and recommend plans and policies on tourism development by both
government and private sector;
i. Initiate and recommend the implementation of programs and activities on tourism in
coordinate with the DOT, LGU, Philippine Tourism Authority, private sectors, and other
entities;
j. Initiate private and public partnership in implementing tourism development plans,
programs, and activities;
k. Establish close coordination with the local government's Tourism Council to ensure
responsive tourism through the proper implementation of the Tourism Code of Cavite;
l. Encourage the development of Local Tourism Council in the province in accordance with
the Tourism Code of Cavite
m. Promote and support sustainable tourism by facilitating community-based tourism
activities; and
n. Facilitate resource generation for tourism activities.
2. Maintain an updated record of relevant data such as inventory of tourism enterprises, tourist
arrivals report, cultural property inventory, and others.
3. Create and implement integrated promotional and marketing campaigns for tourism
and preservation of cultural heritage;
6. Coordinate with local government units and national government agencies for the
integration of the provincial tourism and cultural agenda thru development plans;
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Section 20. The Cavite Provincial Tourism Board/Council. The Cavite Provincial
Tourism Board will be an instrument for inter-government coordination, communication and
cooperation on tourism and related issues. It shall promote a harmonious relationship
between LGUs and government instrumentalities and facilitate open communication
between them.
Section 21. In case of conflict among local government instrumentalities, the purpose,
objectives, and intent of the Tourism Code of Cavite shall prevail.
Section 22. LGUs should regularly appropriate funds for programs and projects of the Local
Tourism Board subject to availability of funds.
Section 23. LGUs should closely coordinate with the Philippine National Police and other
law enforcement organizations for the special training of personnel assigned to tourism
destinations and zones.
Section 24. The Provincial Tourism Council shall seek the assistance of appropriate
government agencies in the implementation of its policies, projects, and activities to attain
its objective.
Chapter 8. DOT-Accreditation
Section 32. DOT Accreditation. In compliance to the Implementing Rules and Regulations
(IRR) of RA 9593 Section 122, seconded by the DILG Memorandum Circular No. 2019-17,
the PTCAO, Provincial Tourism Board, and LGUs shall intensify campaign and assist on the
mandatory accreditation of primary tourism enterprises and encourage voluntary
accreditation of secondary tourism enterprises.
Section 33. Application and Monitoring. Application for DOT-Accreditation is submitted
and processed in the DOT Regional Office, however, the PTCAO, Provincial Tourism Board
and LGUs shall regularly conduct DOT-Accreditation On Wheels program for the
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convenience of the tourism enterprises in the province. Status of application and updates on
the list of DOT-Accredited enterprises shall be monitored on a regular basis.
2. Projects for restoration of cultural and heritage sites shall be given tax holidays to be
determined by LGUs concerned, and
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Chapter 13. Tourism Training Institution
Section 41. Coordination with both Government and Private Tourism Institutions. The
Provincial Tourism Office should coordinate with both government and private tourism
entities to institutionalize tourism training programs, formal and informal, with corresponding
certification upon completion.
Section 42. Linkages. Both the PTCAO and the Cavite Provincial Tourism Board shall
strengthen their linkages and networking to access financial and technical resources by
organizing a pool of trainers to provide other skills trainings needed by the industry.
Section 43. Training Programs. The local communities shall have a priority access to all
tourism training programs.
Chapter 13. Suppletory Supervisions
Section 44. National Laws, Rules, Regulations and Issuance Applicability. In the
implementation of the provision of this Code, reference shall always be made to existing
national laws, rules, regulations, and issuances of tourism. For this purpose, the Cavite
Provincial Tourism Board shall issue directives to clearly spell out specific provision of law
applicable in the province.
Section 45. Penal Provisions. Penal provisions provided for in specific tourism laws, rules,
and regulation are hereby adopted to protect the best interest of tourists, stakeholders,
visitors, and the general public.
Section 46. Applicability of the Environment Code. Relevant provisions of the
Environment Code of the province to the tourism industry are here by adopted to highlight
the overriding importance of environment preservation and protection.
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