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Laws Regulating Accommodation Establishments

The following business entities engaged in the operation of tourist accommodation establishments may be
organized as a single proprietorship, a partnership, or a corporation. Section 1 of the Rules and Regulations to
Govern the Accreditation of Hotels, Tourist Inns, Motels, Apartels, Resorts, Pension Houses and Other
Accommodation Establishments defines these entities as follows:
• Hotel. It is a building, edifice, or premise or a completely independent part thereof, which is used for the
regular reception, accommodation, or lodging of travelers and tourists and the provision of services
incidental thereto for a fee.
• Resort. It refers to any place with a pleasant environment and atmosphere conducive to comfort, healthful
relaxation, and rest, offering food, sleeping accommodation, and recreational facilities to the public for a
fee or remuneration.
• Tourist Inn. Catering to transients, it is a lodging establishment that does not meet the minimum
requirements of an economy hotel.
• Apartel. It refers to any building or edifice containing several independent and furnished or semi-furnished
apartments, regularly leased to tourists and travelers for dwelling on a more or less long-term basis and
offering basic services to its tenants, similar to hotels.
• Pension House. It is a private or family-operated tourist boarding house, tourist guest house, or tourist
lodging house employing non-professional domestic helpers regularly catering to tourists and travelers,
containing several independent lettable rooms, providing common facilities such as toilets,
bathrooms/showers, living and dining rooms and/or kitchen and where a combination of board and
lodging may be provided.
• Motorist Hotel or Motel. It refers to any structure with several separate units, primarily located along the
highway with individual or common parking space at which motorists may obtain lodging and, in some
instances, meals.
Accreditation by the Department of Tourism
Under the Tourism Act of 2009, accommodation establishments, being classified as Primary Tourism
Enterprises, are required to be accredited by the Department of Tourism (DOT). Any person, partnership,
corporation, or other entity desiring to secure accreditation from the DOT shall accomplish in duplicate and
file with the DOT the application prescribed for such purpose.
The following are the accreditation requirements and relevant provisions concerning DOT-accredited
establishments based on the Rules and Regulations to Govern the Accreditation of Hotels, Tourist Inns, Motels,
Apartels, Resorts, Pension Houses, and Other Accommodation Establishments:
Checklist of Requirements
• Duly Accomplished DOT Accreditation Application Form
• Valid Mayor's Permit/Business Permit
• If Single Proprietorship, valid Department of Trade and Industry (DTI) Business Name Certificate
• If Corporation/Partnership, Securities and Exchange Commission (SEC) Registration Certificate and
Articles of Incorporation and its By-Laws
• Notarized List of Names of all Officials and employees (with office designation and Nationality)
• Other documents as deemed necessary by DOT (e.g., In case of employed foreign nationals, a valid
working permit from DOLE and valid visa from the Bureau of Immigration and Deportation)
• Valid Comprehensive General Liability Insurance Policy (Minimum amount of coverage - Php500,000)
Relevant Provisions about DOT-Accredited Establishments
• Section 34. Display of Certificate of Accreditation. The certificate of accreditation shall be displayed
in a conspicuous place of the establishment.

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• Section 35. Non-Transferability of Certificate of Accreditation. The rights over the accreditation shall
be non-transferable.
• Section 39. Gambling and Disorderly Conduct. Hotel, resort, tourist inn, motel, apartel, and pension
housekeepers, managers, or operators shall exert all efforts not to allow gambling of any form,
drunkenness, or disorderly conduct of any kind by anyone in the establishment and its immediate
premises.
• Section 40. Prostitution and Other Immoral/Illegal Activities. Managers or operators of hotels,
resorts, tourist inns, motels, apartels, and pension houses shall exert all possible efforts not to permit
any person whom they know or have reason to believe to be either a prostitute, a pedophile, or of
questionable character to occupy a room or to enter the premises. To accomplish this end, they shall
immediately report to the nearest police station the presence of any such person on the premises.
Validity of Certificate of Accreditation. The Certificate of Accreditation shall be valid for one (1) year from the
date of issue unless sooner revoked by the DOT.
Grounds for Cancellation of Accreditation. Any of the following acts, omissions, or offense shall constitute
sufficient grounds for the cancellation of accreditation:
• Making any false declaration or statement or making use of any such declaration or statement or any
document containing the same of committing fraud or any act of misrepresentation to obtain the issuance
of accreditation;
• Failure to comply with or contravene any of the conditions outlined in the certificate of accreditation;
• Failure to meet the standards and requirements for the operation of the establishment;
• Allowing or permitting the establishment or its facilities to be used for illegal, immoral, or illicit activities;
and
• Violation of or non-compliance with any of the provisions of the rules, promulgated orders, decisions, and
circulars issued by the DOT and other concerned agencies.
National Building Code of the Philippines (Cabulay & Carpio-Aldeguer, 2015)
The National Building Code of the Philippines (Presidential Decree 1096) was adopted in view of the country's
accelerating economic and physical development coupled with urbanization and population growth. This Code
contains technical knowledge on building design, construction, occupancy, and maintenance.
General Building and Site Requirements
Section 104. General Building Requirements
(a) All buildings or structures as well as accessory facilities thereto shall conform in all respects to the
principles of safe construction and must be suited to the purpose for which they are designed.
(b) Buildings or structures intended to be used for the manufacture and/or production of any kind of article
or product shall observe environmental safeguards.
(c) Buildings or structures and all parts thereof, as well as all facilities found therein, shall be maintained
in safe, sanitary, and good working condition.
Section 105. Site Requirements. The land or site upon which will be constructed any building or structure,
or any 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 stream 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.
Building Permits
Section 301. Building Permits. No person, firm, or corporation including any agency or instrumentality of
the government shall erect, construct, alter, repair, move, convert or demolish any building or structure or

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cause the same to be done without first obtaining a building permit therefore from the Building Official
assigned in the place where the subject building is located or the building work is to be done.
The law explicitly provides that no person, firm, or association shall construct any building or structure without
securing a building permit. In processing an application for a building permit, the Building Official shall see to
it that the applicant satisfies and conforms with approved standard requirements on zoning and land use, lines
and grades, structural design, sanitary and sewerage, environmental health, electrical and mechanical safety,
as well as with other rules and regulations promulgated by the National Building Code.
General Requirements of All Building by Use of Occupancy
Section 704. Location of Property
(a) General. No building shall be constructed unless it adjoins or has direct access to a public space yard
or street on at least one of its sides.
(b) Fire Resistance of Walls. Exterior walls shall have fire resistance and opening protection xxx.
Accommodation establishments belong to the Group B Occupancies (shall consist of multiple dwelling units
including boarding or lodging houses, hotels, apartment buildings, and other similar buildings, each of which
accommodates more than ten persons under the National Building Code).
Light and Ventilation
Section 801. General Requirements of Light and Ventilation.
(a) Subject to the provisions of the Civil Code on Easements of Light and View, and the provisions of this
part of the Code [National Building Code of the Philippines], every building shall be designed,
constructed, and equipped to provide adequate light and ventilation.
(b) All buildings shall face a street or public alley or a private street that has been duly approved.
Section 808. Window Openings
Every room intended for any use, not provided with artificial ventilation system as herein specified in this
Code [National Building Code of the Philippines], shall be provided with a window or windows with a total
free area of openings equal to at least ten percent of the floor area of a room, and such window shall open
directly to a court, yard, public street or alley, or open watercourses.
Section 811. Artificial Ventilation
(b) Whenever artificial ventilation is required, the equipment shall be designed and constructed to meet
the following minimum requirements in changes:
2. For rooms entirely above grade and used as bakeries, hotel or restaurant kitchens, laundries other
than an accessory to dwellings, and boiler rooms, not less than ten changes of air per hour shall be
provided.
Light and ventilation refer to an easement of natural light and allowance of circulation of fresh air
unobstructed by erections and construction. The foregoing provisions give the minimum requirement to allow
light and ventilation within the building.
Application of the Law
Case: Ms. Lovely Sy wants to build a three-star hotel in Cebu City. She proposed to the investors of the hotel
that all the rooms be provided with technologically advanced, efficient, and adequate air-conditioning units
with no window openings. She proposed that expensive brightly colored paintings 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. Is the proposal of Ms. Lovely allowed? Is there any law violated?
Sanitation
Section 901. General
Subject to the provisions of Book II of the Civil Code of the Philippines on Property, Ownership, and its
Modification, all buildings hereafter erected, altered, remodeled, relocated, or repaired for human

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habitation shall be provided with adequate and potable water supply, plumbing installation, and suitable
wastewater treatment or disposal system, storm water drainage, pest and vermin control, noise
abatement device, and such other measures required for the protection and promotion of health of persons
occupying the premises and other living nearby.
Whenever available, the potable water requirements for a building used for human habitation shall be
supplied from the existing municipal or city waterworks system. In the 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
the existing municipal or city sanitary sewerage system following the criteria set by the Code on Sanitation
and the Environmental Management Bureau, which is under the Department of Environment and Natural
Resources (DENR). All buildings located in areas where there is no available sanitary sewerage system shall
dispose of their sewerage through specific 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.
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.

The following laws, rules, and regulations are vital in enforcing the National Building Code:
• Code on Sanitation of the Philippines (Presidential Decree 856). This 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 the said law, such establishment 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 eradicated vectors of diseases.
Additional standards are provided as follows:
o Animals, fowls, and pets shall be housed in appropriate kennels or cages separate from living quarters;
o Employment from such establishment must first secure a health certificate from the local health
authority;
o Customers shall be provided with clean linen such as bedsheets, pillowcases, towels, and napkins at
all times; and
o 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.
• Ecological Solid Waste Management Act of 2000 (Republic Act 9003). This law provides for the minimum
standards for solid waste management, as well as the penalties for violation thereof.
• Fire Code of the Philippines (Presidential Decree 1185). This law requires owners, administrators, or
occupants of a building, structures, and their premises or facilities and other responsible persons to
comply with the following:
a. A fire safety inspection shall be conducted as a prerequisite to the grants of permits and/or licenses
by local governments and other government agencies concerned, for the: (1) Use or occupancy of the
building, structures, facilities, or their premises, including the installation of fire protection and fire
safety equipment, and electrical system in any building structure or facility; and (2) Storage, handling
and/or used of explosives or combustible, flammable, toxic and other hazardous materials;
d. Owners, occupants, or administrators of building, 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.

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• Philippine Environmental Code (Presidential Decree 1152). This law provides for the minimum standards
for air quality management, water quality management, land use management, natural resources
management and conservation, and waste management.
• Environmental Impact System (Presidential Decree 1586) and its Implementing Rules and Regulations (AO
2003-30) by the Department of Environment and Natural Resources. Under this law, no person,
partnership, or corporation shall undertake or operate any 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 set
aside as aesthetic potential tourist spots, are classified as projects located in Environmentally Critical
Areas.
• 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 to be accredited by the DOT. Accreditation by the DOT, although not
mandatory, increases the marketability of a tourism establishment.
• The Law to Enhance Mobility of Disabled Persons (Batas Pambansa Blg. 344) and its Implementing Rules
and Regulations. Under this 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
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.
Responsibilities of Accommodation Establishments
Accommodation establishments must exercise due diligence, not only in the selection of their employees but
also in serving the needs of their customers. Failure to do so warrants the conclusion that the management
has been remiss in complying with the obligations imposed upon hotelkeepers under the law.
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 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. Thus, 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. If an act was consummated through the negligence of the employees of an establishment,
both the assisting employees and the owner and operator of the establishment should be held solidarily liable
pursuant to Article 2193 of the Civil Code [Art. 2194]. The responsibility of two (2) or more persons who are
liable for quasi-delict is solidary.
Registration of Guests and Occupants
The New Civil Code of the Philippines lays down the rules on 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 extends not only to the effects lost or damaged in the hotel rooms but also those lost
or damaged in hotel annexes, such as the 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. However, note that
in YHT Realty Corporation v. Court of Appeals (2005), the Supreme Court held that "to hold hotelkeepers or

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innkeepers liable for the effects of their guests, it is not necessary that they be actually delivered to the
innkeepers or their employees. It is enough that such effects are within the hotel or inn."
Any stipulation limiting the liability of the hotelkeeper shall be void.
The liability of the hotelkeepers shall extend to the following cases:
• In case the loss or injury is caused by his servants or employees, as well as by strangers; and
• In case the loss or injury is caused by the act of a thief or robber without the use of arms and irresistible
force.
However, the hotelkeeper shall not be liable in the following cases:
• The loss or injury is caused by force majeure like a flood, fire, robbery by force or intimidation; and
• The loss is due to the acts of the guest, his family, servants, or visitors.
Application of the Law
Case: Maurice McLoughlin, an Australian businessman-philanthropist sued Tropicana Copacobana Apartment
Hotel (Tropicana) for the loss of his American and Australian dollars deposited in the safety deposit box of
Tropicana. Mr. McLoughlin is also demanding liquidating damages, moral and exemplary damages with
attorney's fees. It appears that the safety deposit box could only be opened through the use of two (2) keys,
one (1) of which is given to the registered guest, and the other remains in possession of the management of
the hotel. When a registered guest wishes to open his safety deposit box, he alone could personally request
the management, who then would assign one of its employees to accompany the guest and assign him in
opening the safety deposit box with the two (2) keys. In its defense, Tropicana denies liability, relying on the
conditions for renting the safety deposit box as signed by Mr. McLoughlin, to wit:
"Undertaking for the Use of Safety Deposit Box,"
"2. To release and hold free and blameless Tropicana Apartment Hotel from any liability arising from any
loss in the contents and/or use of the said deposit box for any cause whatsoever, including but not
limited to the presentation or use thereof by any other person should the key be lost;
"4. To return the key and execute the release in favor of Tropicana Apartment Hotel upon giving up the
use of the box."
Can a hotel evade liability for the loss of items left with it for safekeeping by its guests by having these guests
execute written waivers holding the establishment or its employees free from blame for such loss? Discuss
the liability of the hotel to Mr. McLoughlin.
Security and Safety
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, as follows:
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, driver's license,
Social Security System, etc.; and
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.
The Memorandum Circular is in line with the Department's thrust of ensuring the safe, convenient, and
enjoyable stay and travel of both local and foreign tourists. Failure to comply with such shall be a valid ground
to review the accreditation of an establishment by the DOT.
Anti-Photo and Video Voyeurism Act of 2009
Republic Act No. 9995, also known as The Anti-Photo and Video Voyeurism Act of 2009, penalizes "photo and
video voyeurism" which means the act of taking a photo or video coverage of a person or group of persons
performing a sexual act or any similar activity or of capturing an image of the private area of a person/s without
the latter's consent, under circumstances in which such person/s has/have a reasonable expectation of
privacy, or the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or

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video coverage or recordings of such sexual act or similar activity through VCD/DVD, Internet, cellular phones
and similar means or device without the written consent of the person/s involved, notwithstanding that
consent to record or take a photo or video coverage of same was given by such person. The phrase "under
circumstances in which a person has a reasonable expectation of privacy" means circumstances in which a
reasonable person would believe that he/she could disrobe in privacy, without being concerned that an image
or a private area of the person was being captured; or circumstances in which a reasonable person would
believe that a private area of the person would not be visible to the public, regardless of whether that person
is in a public or private place.
Application of the Law
Case: Mr. John Culala, manager of Visco Resorts located in the Visayas, installed CCTV cameras in all the
private rooms of the resort to maintain the security and safety of all tourists while inside their private rooms.
Accordingly, such CCTV cameras are to be installed, and all activities inside the private rooms shall be
recorded. Is there any violation in this case?

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 and might
be a ground for the non-renewal or license to operate within the local government unit concerned.
In this regard, the preparation and implementation of waste management programs shall be required of all
provinces, cities, and municipalities. The Department of Interior and Local Government shall promulgate the
guidelines for the formulation and establishment of waste management programs. It is the responsibility of
every province, city, or municipality to provide measures to facilitate the collection, transportation,
processing, and disposal of waste within its jurisdiction in coordination with other government agencies
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, conserve raw materials and energy, reduce waste, prevent
pollution and to undertake community activities to promote and propagate effective solid waste management
practices. Under this law, the segregation of wastes shall primarily be conducted at the source, including
household, institutional, industrial, commercial and agricultural sources.
Laws Regulating Restaurants
A restaurant is an establishment offering to the public refreshments and/or meals. Bars and pubs may also be
classified under this generic category. Restaurants fall under Secondary Tourism Enterprises, which refer to
facilities and services that may be related to tourism. Accreditation shall be voluntary for secondary tourism
enterprises that follow the minimum DOT standards.
Accreditation, although not mandatory, increases the marketability of a restaurant. For accreditation by the
DOT, the following are the minimum requirements that must be complied with for the operation of
restaurants:
• Location. The locality and environs, including approaches, shall be with proper ingress and egress. The
facade and architectural features of the building shall be appropriately designed.
• Parking. There shall be an adequate, secured parking space provided free to customers.
• Reception. A receptionist shall be available to usher in guests. A waiting lounge with a telephone shall also
be provided.
• Dining Room. The minimum requirements for the dining room are the following:

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o Furnishing. The dining room shall be adequate in size, with sufficient and well-maintained furniture.
Flooring materials shall be kept clean at all times.
o Atmosphere. The restaurant shall have a pleasant atmosphere.
o Cuisine. There shall be a cuisine of good quality and presentation available during normal meal hours
and served with distinction. Raw food used shall meet minimum government and international
standards.
o Menu Book/Card. There shall be a menu book or card which shall be presentable, clean, and easy to
read with the menu items listed in a logical sequence. All items shall be made available at all times on
a best-effort basis.
o Linen. All tables shall have clean table cloth and cloth napkins of good quality. They should not be
faded, nor with frayed edges and stains, and should be changed after every service.
o Crockery. No piece of crockery, cutlery, and tableware in use shall be chipped, cracked, or grazed. The
silverware shall be kept polished and clean at all times.
• Service and Staff. An adequate number of well-trained, well-groomed, experienced, efficient, and
courteous staff shall be employed.
• Bar. The bar shall be well-stocked at all times.
• Comfort Rooms. All comfort rooms shall be with good quality fixtures and fittings and provided with
running water. The floor and the walls shall be kept clean and sanitary at all times. Tissue paper, soap,
paper towels, and/or hand drier shall be provided.
• Kitchen. The kitchen, pantry, and cold storage shall be in good operating condition at all times and shall
be well-equipped and hygienic. Equipment necessary to maintain a high standard of sanitation and
hygiene shall be installed and used.
• Lighting. Adequate lighting dining rooms, public rooms, comfort rooms, corridors, and other public areas.
• Air-conditioning/Ventilation. All main dining or function rooms shall be fully air-conditioned and/or well-
ventilated.
• Maintenance. All sections of the restaurant (e.g., building's exterior and interior, air-conditioners, kitchen,
fixtures, plumbing, etc.) shall be maintained properly at all times. A periodic vermin control program shall
be maintained for all establishments.
• Fire-fighting Facilities. Adequate fire-fighting facilities shall be provided following the Fire Code of the
Philippines.
Food Safety Act of 2013
Republic Act 10611, otherwise known as the Food Safety Act of 2013, is an act to strengthen the food safety
regulatory system in the country to protect consumer health and facilitate market access of local foods and
food products and for other purposes. The law shall aim for a high level of food safety, protection of human
life, and health in the production and consumption of food. It shall also aim for the protection of consumer
interests through fair practices in the food trade.
Section 14 provides for the specific responsibilities of a food business operator (defined as a person engaged
in the food business including one's agents and is responsible for ensuring that the requirements of the law
are met by the food business under one's control ), as follows:
(a) Food business operators shall be knowledgeable of the specific requirements of food law relevant to
their activities in the food supply chain and the procedures adopted by relevant government agencies
that implement the law. They shall adopt, apply, and be well informed of codes and principles for good
practices. Micro and small industries shall be assisted to facilitate their adoption of such practices;
(b) If a food business operator considers or has reason to believe that a food that it produced, processed,
distributed, or imported is not safe or not in compliance with food safety requirements, it shall
immediately initiate procedures to withdraw the food in question from the market and inform the
regulatory authority;

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(c) Food business operators shall allow inspection of their businesses and collaborate with the regulatory
authorities on action taken to avoid risks posed by the food product/s which they have supplied, and
(d) Where the unsafe or non-compliant food product may have reached the consumer, the operator shall
effectively and accurately inform the consumers of the reason for the withdrawal, and if necessary,
recall the same from the market.
Section 8 of the food law provides for the protection of consumer interests. The protection of consumer
interest shall be geared towards the following:
(a) Prevention of adulteration, misbranding, fraudulent practices, and other practices which mislead the
consumer; and
(b) Prevention of misrepresentation in the labeling and false advertising in the presentation of food,
including their shape, appearance or packaging, the packaging materials used, the manner in which
they are arranged, the setting in which they are displayed, and the product description including the
information which is made available about them through whatever medium. Where relevant, the
presentation of goods shall provide consumers a basis to make informed choices in relation to the
food they purchase.
Section 37. It shall be unlawful for any person to:
(a) Produce, handle or manufacture for sale, offer for sale, distribute in commerce, or import into the
Philippines any food or food product which is not in conformity with applicable food quality or safety
standard promulgated in accordance with the law;
(b) Produce, handle or manufacture for sale, offer for sale, distribute in commerce, or import into the
Philippines any food or food product which has been declared as a banned food product;
(c) Refuse access to pertinent records or entry of inspection officers implementing the law;
(d) Fail to comply with an order relating to notifications to recall unsafe products;
(e) Adulterate, misbrand, mislabel, falsely advertise any food product which misleads the consumers and
carry out any other acts contrary to good manufacturing practices;
(f) Operate a food business without the appropriate authorization; and
(g) Connive with food business operators or food inspectors, which will result in food safety risks to the
consumers.
Laws Regulating the Sale of Alcohol
The National Internal Revenue Code
The National Internal Revenue Code of 1997 (as amended) has imposed excise taxes on the purchase of
alcohol. The excise tax rates shall be based on the classification of alcohol content as provided under the law.
The Local Government Code
Under the Local Government Code, every government unit shall exercise the powers expressly granted, those
necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and
effective governance, and those which are essential to the promotion of the general welfare. Local
government units shall ensure the promotion of health and safety and maintenance of peace and order within
their respective territorial jurisdictions.
Also, each local government unit has the authority to enact ordinances intended to prevent, suppress, and
impose appropriate penalties for habitual drunkenness in public places and juvenile delinquency.
Thus, each local government unit may enforce administrative orders or enact ordinances within their
respective jurisdiction with respect to the regulation of the sale of alcohol to minors in bars or restaurants,
violation of which may be a ground for the revocation of the license by the local government unit concerned.
For instance, in Baguio City, its Executive Order 2-2007 controls the sale of liquors to minors who could readily
access it. Accordingly, minors would not be allowed to enter nightclubs and bars. Minors may be allowed to
enter when they are in private parties and accompanied by their parents or guardians, but it was stressed that

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the serving of liquor is strictly prohibited. Disregarding the order would result in the revocation of an
establishment's business permit.
Laws Regulating Caterers
A caterer is defined as a person, firm, or association providing food and supplies, and sometimes services, for
parties, weddings, and other social functions. A caterer is defined as a provider of food and provisions. Under
the Implementing Rules and Regulations of the Code on Sanitation, a caterer is any person, firm, or corporation
maintaining or operating a kitchen or any similar establishment for the preparation, purveying, cooking, or
processing of food or drink for sale or hired to serve to persons elsewhere.
Business entities engaged in the catering business may be organized as a single proprietorship, a partnership,
or a corporation. There are no standard requirements for the accreditation of caterers by the DOT, except
when putting up a restaurant.
The Food Caterer's Association of the Philippines (FCAP) is a group of catering companies with the need to
professionalize the industry and serve the needs of the Philippine catering industry. The association has
managed to attract a diverse network of renowned allied members who represent the food manufacturing,
food distribution, audio systems, floral, photo, and wedding planning industries.
Membership in FCAP has the following benefits (Cabulay & Carpio-Aldeguer, 2015):
• The opportunity to network with the best minds in the catering industry;
• Expansion of the catering business by showcasing itself to several prestigious events;
• To learn thru the interchange of ideas and educational programs;
• To keep abreast of the latest trends to keep business operations at optimum speed; and
• To uplift the standards of food service to greater heights by growing with FCAP as it moves toward the
dream of professionalizing the Philippine catering industry.
Crimes Committed Inside Restaurants and Other Tourism-Related Establishments
The laws relating to crimes committed inside restaurants and other tourism establishments are covered under
The Revised Penal Code.
Poisoning
Article 264. Administering injurious substances or beverages. The penalties established by the next
preceding article (serious physical injuries) shall be applicable in the respective cases to any person who,
without intent to kill, shall inflict upon another any serious physical injury, by knowingly administering to
him any injurious substances or beverages or by taking advantage of his weakness of mind and credulity.
Article 265. Less serious physical injuries. Any person who shall inflict upon another physical injuries not
described in the preceding articles, but which shall incapacitate the offended party for labor for ten days
or more, or shall require medical attendance for the same period xxx.
Article 266. Slight physical injuries and maltreatment. The crime of slight physical injuries shall be
punished:
1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended
party for labor from one to nine days or shall require medical attendance during the same period; and
2. By arresto menor or a fine not exceeding Php200 and censure when the offender has caused physical
injuries which do not prevent the offended party from engaging in his habitual work nor require
medical attendance.
This is usually committed by employees of restaurants, bars, and pubs concerning customers. That is why the
provisions of the Food Safety Act and the policies set forth by the Food and Drug Administration shall be strictly
complied with by operators/owners. In case of death results because of poisoning experienced by the
customer, the offender will be charged with homicide. Arresto menor means imprisonment ranging from one
day to thirty days.

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Application of the Law

Case: Mark Baranda is a chef in a 300-seater restaurant in the Manila Bay area. One day, a long table was
booked by a popular politician. The politician and his guests ordered from the menu. Before the main course
was served, the politician became picky with the appetizers to the point of insulting the food preparation
team of Chef Mark. The chef and his team became so upset and vengeful. They added a few substances in the
subsequent dishes served. In some cases, some of the cooks spat on the food, picked their noses, and did
terrible things to the food of the customers. Toward the end of the meal, some of the guests started to feel
discomfort. Two (2) were rushed to the hospital due to severe reactions to the food eaten. In the hospital, the
laboratory tests indicated that the food items served to the guests were contaminated with a toxic substance.
What are the liabilities of the restaurant, Chef Mark, and his team?
Vandalism (Malicious Mischief)
Article 327. Who are liable for malicious mischief. Any person who shall deliberately cause to the property
of another any damage xxx shall be guilty of malicious mischief.
Article 328. Special cases of malicious mischief. Any person who shall cause damage to xxx the National
Museum or National Library, or to any archive or registry, xxx shall be punished.
Article 331. Destroying or damaging statues, public monuments, or paintings. Any person who shall
destroy or damage statues or any other useful or ornamental public monument xxx shall suffer the penalty
xxx.
Any person who shall destroy or damage any useful or ornamental painting of a public nature shall suffer
the penalty.
Malicious mischief is a crime usually committed by customers, visitors, or by-passers in recreational centers,
museums, galleries, cinemas, theaters, churches, cultural landmarks, and other related tourism sites. Security
measures for the admission of customers and visitors must not be taken lightly and should be strictly
implemented.
Malicious mischief embraces attempts against another's property, inspired sometimes by hatred or a desire
for revenge and sometimes by the mere pleasure of destroying it. The crime of property damage is not
determined solely by the mere act of inflicting injury upon the property of a third person, but it must be shown
that the act had for its object the injury of the property merely for the sake of damaging it.
Application of the Law
Case: Dante Arguelles has this nasty habit of writing his name and other nonsense phrases (e.g., "Dante was
here," "Call Dante if you need help") on the walls of toilet cubicles in most of the establishments he frequently
visits like restaurants, bars, and cinemas. Is he violating any law with this behavior?

Swindling (Estafa)
Article 315. Swindling (estafa). Any person who shall defraud another by any of the means mentioned
herein below shall be punished by xxx
2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously
with the commission of the fraud:
(e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house,
lodging house, or apartment house and the like without paying therefor, with intent to defraud the
proprietor or manager thereof, or by obtaining credit at a hotel, inn, restaurant, boarding house,
lodging house, or apartment house by the use of any false pretense, or by abandoning or surreptitiously
removing any part of his baggage from a hotel, inn, restaurant, boarding house, lodging house or
apartment house after obtaining credit, food, refreshment or accommodation therein without paying
for his food, refreshment or accommodation.

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Theft
Article 308. Who are liable for theft. Theft is committed by any person who, with intent to gain but without
violence against or intimidation of persons nor force upon things, shall take personal property of another
without the latter's consent.
Article 310. Qualified theft. The crime of theft shall be punished by the penalties next higher by two degrees
xxx if committed xxx with grave abuse of confidence.
Usually, theft and qualified theft are committed by the employees of tourism establishments. That is why
caution should always be practiced by owners/operators of these establishments to stop employees from any
means of temptation which they might encounter inside the workplace. Setting limited access to employees
concerning the company's money and other personal properties may be helpful.
Intent to gain is presumed from the unlawful taking of personal property belonging to another. The basis of
the penalty of theft is: (1) the value of the thing stolen; (2) the value and nature of the property taken; or (3)
the circumstances or causes that impelled the culprit to commit the crime.
Application of the Law
Case: Mr. Tony Pascual is the front office manager of a deluxe hotel in Makati City. On a surprise audit, the
front office department only produced a small number of foreign currencies reported despite the typically
high occupancy and the high number of foreign guests exchanging their dollars to local currency, as evidenced
by the closed-circuit television camera at the hotel lobby. A further wide-scale investigation led to the
discovery of eight (8) huge money bags full of foreign currencies stashed inside safety deposit boxes controlled
by Mr. Pascual and his eight (8) assistant managers. It was also found out that every time a foreign guest
would change US dollars, the cashiers, upon the managers' instructions, would use a different peso fund and
a different receipts booklet with the hotel logo, printed illegally in Recto Avenue. The investigators who
confiscated over Php 3.5 million worth of foreign currency assessed that the modus operandi has been going
on for four (4) months. What crime did Tony Pascual and his team of managers commit?

References:
Cabulay, D. A., & Carpio-Aldeguer, C. P. (2015). Philippine tourism laws: A comprehensive guide to studying laws
relevant to the Philippine tourism industry (2nd ed.). Rex Printing Company, Inc.
Official Gazette. (2013 August 23) Republic Act No. 10611. https://www.officialgazette.gov.ph/2013/08/23/republic-
act-no-10611/
Official Gazette. (1930 December 8). Act No. 3815, s. 1930. https://www.officialgazette.gov.ph/1930/12/08/act-no-
3815-s-1930/
Official Gazette. (1949 June 18). Republic Act No. 386. https://www.officialgazette.gov.ph/1949/06/18/republic-act-no-
386/
Official Gazette. (1977 February 19). Presidential Decree No. 1096, s. 1977.
https://www.officialgazette.gov.ph/1977/02/19/presidential-decree-no-1096-s-1977/
Rules and Regulations to Govern the Accreditation of Hotels, Tourist Inns, Motels, Apartels, Resorts, Pension Houses,
and Other Accommodation Establishments [PDF file].
Rules and Regulations to Govern the Accreditation of Tourism-Related Establishments [DOC]. Retrieved on March 11,
2021 at http://tourism.gov.ph/files/Rules%20and%20Regulations%20for%20Tourism-
related%20Establishments.doc

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