LESSON 8: LAWS REGULATING ACCOMMODATION ESTABLISHMENTS

The Philippine Medium-Term Development Plan: 2001-04 identifies the

tourism sector as one of the banner industries that will pole vault the economy.
The results of the study on the “Effects on the Competitiveness of the Philippine
Tourism,” revealed that the Philippine tourism industry needs to improve its
competitiveness to catch up with its neighboring countries. Tourism
competitiveness is defined as the “ability of a destination to deliver goods and
services that perform better than other destinations on those aspects of the
tourism experience considered to be important by tourists.” In assessing the state
of competitiveness of Philippine tourism vis-à-vis its major ASEAN neighbors, the
study utilized the results of the rankings made by the World Travel and Tourism
Council (WTTC) on the basis of eight (8) criteria—price competitiveness, human
tourism, infrastructure, environment, technology, openness, and social and
human resources.

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.

There is a clear indication of the steadily increasing number of tourist

arrivals in the Philippines. That is why the Department of Tourism reiterated the
need to construct 20,000 more hotel rooms to accommodate the target of 5
million tourists by 2010. There has been a marked increase average hotel room
occupancies particularly in Metro Manila deluxe hotels between 2003 and 2007
as reported by the Department of Tourism.

This confirms the major role accommodation establishments play in

boosting the tourism industry. This chapter will deal with the different laws
regulating different accommodation establishments. Basic provisions of the
National Building Code of the Philippines and its supporting laws, including rules
on security and registration of guests and occupants have also been
incorporated in this chapter.
 Nature and Description of the Business

The Law

Business entities engaged in the operation of tourist accommodation

establishments may be organized as a single proprietorship, a partnership or a
corporation.
a. Hotel - a building, edifice or premises 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.
b. Resort - any place or places with 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.
c. Tourist Inn - a lodging establishment catering to transients which does
not meet the minimum requirements of an economy hotel.
d. Apartel - 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. This type of accommodation is sometimes called
serviced apartments.
e. Pension House - 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, bath
rooms/showers, living and dining rooms and/or kitchen and where a combination
of board and lodging may be provided.
f. Motorist Hotel or Motel - 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.

Discussion of the Law

Hotel

Hotels are hereby classified into the following categories, namely:

a. De Luxe Class (previously known as 5-star category)
b. First Class (previously known as 4-star category)
c. Standard Class (previously known as 3-star category)
d. Economy Class (previously known as 2-star category)4

Classification of hotels is based on a number of criteria such as:

 a) Location;
b) Bedroom Facilities and Furnishings (with emphasis on dimensions)
c) FrontOffice/ReceptionService

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

Resorts may be categorized as beach resort (located along the seashore),

inland resort (located within the town proper or city), island resort (located in
natural or man-made island within the internal waters of the Philippine
Archipelago), lakeside or riverside resort (located along or near the bank of a
lake or river), and mountain resort (located at or near a mountain of hill and
theme parks).

Resorts shall be classified as follows: a. ClassAAA;

b. ClassAA;
c. ClassA;
d. Special Interest Resort.

Classification of resorts is based on:

a) Location and Environment;
b) Parking;
c) Facilities and Room Accommodation;
d) PublicWashrooms;
 e) Sports and Recreational Facilities;
f) Conference/ConventionFacilities;
g) EmployeeFacilities;
h) Lounge and Reception Counter; and
i) Lighting, Furnishings or Ventilation.

Examples of a beach resort are Boracay Regency Resort in Aklan, Hilton

Cebu in Mactan Island, and Dos Palmas Resort in Palawan.
Examples of inland resorts are Ouan’s Worth Farm Resort in Quezon,
Racsos Wildlife Resort in Iloilo, and Tiwi Hot Springs and Resort in Albay.
Examples of island resorts are Verde Island Resort in Batangas,
Cocobana Resort in Malapascua Island in Cebu, and El Nido Miniloc Island
Resort in Palawan.
Examples of lakeside or riverside resorts are Lake Caliraya Resort, Hotel
La Corona de Pagsanjan, and Villa Escudero Plantations and Resort all in
Laguna.
Examples of mountain resorts are Camp John Hay in Baguio City, Banaue
International Hotel in Ifugao, and Taal Vista Hotel in Tagaytay City.
Examples of special interest resorts are Plantation Bay Resort in Mactan
Island, Pearl Farm in Samal Island, and Camsur Watersports Complex and Hotel
in Camarines Sur.

Rules on the Operation and Management of Resorts

a. Sanitation measures shall be adopted in accordance with the standards

prescribed under P.D. 856 Code on Sanitation of the Philippines.
b. All resorts shall provide the services of a sufficient number of well-
trained lifeguards duly accredited by either the Philippine National Red Cross, the
Water Life Saving Association of the Philippines or any recognized organization
training or promoting safety objectives, and adequate security whenever there
are guests.
c. All resorts shall provide the services of a physician, either on-call or on
full-time basis, depending on their volume of operation and accessibility to
hospital or medical centers. In addition, resorts shall employ adequate first aiders
who have completed a course in first aid duly certified by the National Red Cross
or any organization accredited by the same. Adequate first aid medicines and
necessary life-saving equipment shall be provided within the premises.
d. There shall be placed on a beach or lakeside resort an adequate
number of buoys which shall be spread within the area to be determined by the
resort owner or keeper as safe for swimming purposes, and in compliance with
existing government regulations and/or local ordinances on the placing of such
buoys.
 e. Precautionarymeasures

(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.

f. Prohibited acts and practices

(1) No pets or animals shall be allowed to bathe/swim along beaches.
Likewise, pukot fishing and washing of fish nets shall be strictly prohibited in
beach resorts.
The application shall be accompanied by two copies of the following
documents:
(a) In case of corporation or partnership, a certified true copy of the Articles
of Incorporation, its by-laws, or Articles of Partnership and Amendments thereof,
duly registered with the Securities and Exchange Commission, and Business
Name Certificate; in case of single Proprietorship, Business Name Certificate and
amendments thereof, if any.
(b) Applicant’s latest income tax return and audited financial statements for
the preceding year of its operation (not applicable for new establishments).
(c) List of the names of all officials and employees and their respective
designations, nationalities, home addresses; for alien personnel- valid visa from
the Bureau of Immigration and the appropriate permit from the Department of
Labor and Employment.
(d) Mayor’s permit and/or municipal license.
(e) Such other papers or documents as may be required from time to time
by the Department.12

Validity of Certificate of Accreditation

The Certificate of Accreditation shall be valid for a period of one (1) year
from the date of issue, unless sooner revoked by the Department.13

Grounds for Cancellation of Accreditation

Any of the following acts, omissions or offenses shall constitute sufficient

grounds for the cancellation of accreditation:
a. Making any false declaration or statement or making use of any such
declaration or statement or any document containing the same or committing
fraud or any act of misrepresentation for the purpose of obtaining the issuance of
accreditation;
b. Failure to comply with or contravene any of the conditions set forth in
the certificate of accreditation;
c. Failure to meet the standards and requirements for the operation of the
establishment;
d. Allowing or permitting the establishment of its facilities to be used for
illegal, immoral or illicit activities;
e. Violation of or non-compliance with any of the provisions of the rules,
promulgated orders, decisions and circulars issued by the Department and other
concerned agencies.

Responsibilities of Accommodation Establishments

Accommodation establishments must exercise due diligence, not only in

the selection of its employees, but also in serving the needs of its customers.
Failure to do so warrants the conclusion that the management had 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 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. 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 [Campo, et al. vs. Camarote and
Gemilga, 100 Phil. 459 (1956)]. It was held that 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 or more persons who are liable for a quasi-delict is solidary.

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 for 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 keys, one of which is given to the registered
guest, and the other remaining in the 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 assist him in opening the safety deposit box with the
two keys. Discuss the liability of the hotel to Mr. McLoughlin.

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.

National Building Code of the Philippines

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

(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
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.

Discussion of the Law

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.

Application of the Law

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

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 cause the same to be done without first obtaining a
building permit therefor from the Building Official assigned in the place where the
subject building is located or the building work is to be done.

Section 302. Application for Permits

In order to obtain a building permit, the applicant shall file an application
thereof in writing and on the prescribed form with the Office of the Building
Official. Every application shall provide at least the following information:

(1) A description of the work to be covered by the permit applied for;

(2) Description and ownership of the lot on which the proposed work is to
be done as evidenced by TCT and/or copy of the contract of lease over the lot if
applicant is not the registered owner;
(3) The use of the occupancy for which the proposed work is intended;
(4) Estimated cost of the proposed work.
To be submitted together with such application are at least five sets of
corresponding
plans and specifications prepared, signed and sealed by a duly licensed
architect or civil engineer in case of architectural and structural plans, by a
registered mechanical engineer in case of mechanical plans, by a registered
electrical engineer in case of electrical plans and by a licensed sanitary engineer
or master plumber in case of plumbing or sanitary installation plans.

Discussion of the Law

 The above provision provides for the basic requirements for a building
permit to be issued. The law explicitly provides that no person, firm or association
shall construct or erect any building or structure without first securing a building
permit to be issued by the Building official assigned in the place where the
building or structure is located.
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 of the Philippines.
It must be emphasized the no building or structure shall be used or
occupied until the Building Official has issued a Certificate of Occupancy.

General Requirements of All Buildings by Use or Occupancy

The Law

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 x x x.
Discussion of the Law

Accommodation establishments belong to the Group B Occupancies under

the National Building Code. Accordingly, it shall consist of multiple dwelling units
including boarding or lodging houses, hotels, apartment buildings, and other
similar buildings which accommodate more than 10 people. The foregoing
provision gives the general requirement for the location of the property to be
established.

Application of the Law

Case: Mr. Norman Ramos is very delighted to have bought a 10,000

square-meter lot in Ilocos Norte at the rate of 5400 pesos per square meter.
Such lot will be used by Mr. Ramos to put up a 5-star hotel. Unfortunately, said
lot is located in such a way that it does not adjoin or it has no direct access to a
public street. According to the Local Government of Ilocos, it will not issue a
building permit to Mr. Ramos unless the building that Mr. Ramos will erect shall
adjoin a public street. What advice will you give Mr. Tan?
Legal Opinion: Mr. Norman Ramos must acquire a road right of way for
access of the lot where the building shall be constructed so that occupants of the
building would have access of egress and ingress towards the public street. A
road right of way is applicable when the land where the building is constructed
does not have access to the public highway. This can be achieved by making
arrangements with the owner of the lot where the road right of way passes. Mr.
Ramos may either purchase the right of way or pay the corresponding indemnity
to the owner of the lot where the road right of way passes.

Light and Ventilation

The Law

(a) Subject to the provisions of the Civil Code of the Philippines on

Easements of Light and View, and to the provisions of this part of the Code,
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 which
has been duly approved.

Article 806. Size and Dimension of Rooms

(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.

Article 808. Window Openings

(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.

Application of the Law

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

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 habitation shall be provided with
adequate 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.
Discussion of 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.”

Discussion of the 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.

Standard automatic fire extinguishing systems shall be installed in the following

places: (1) In every storey, basement or cellar with an area of 200 square meters
or more which is used for habitation, recreation, dining, study or work, and which
as an occupant load of more than 20; (2) In all dressing rooms, rehearsal rooms,
workshops and other rooms with an occupant load of more than 10.
All electrical systems, equipment and installation shall conform to the provisions
of the Philippine Electrical Code as adopted by the Board of Electrical
Engineering pursuant to Republic Act 184 otherwise known as the Electrical
Engineering Law. All mechanical systems, equipment and installations shall
conform to the provisions of the Philippine Mechanical Engineering Code, as
adopted by the Board of Mechanical Engineering pursuant to Commonwealth Act
No. 294 as amended, otherwise known as the Mechanical Engineering Law.

No signboard shall be erected or constructed as to unduly obstruct the natural

view of the landscape, distract or obstruct the view of the public as to constitute
traffic hazard, or otherwise defile, debase, or offend aesthetic and cultural values
and traditions.33 Sign structures shall be designed and constructed to resist all
forces in accordance with the National Structural Code for Buildings.34 No signs
or sign structures shall be erected in such a manner that will interfere in any way
the free use of any fire escape, exit or standpipe.

Application of the Law

Case: Emmanuel Zulueta contracted Mañalac Construction Co. to put up his 4-
storey motel in Mabini, Manila in accordance with the plans and specifications
prepared by the latter which acted as architects in the construction of the
building. The building was completed in June, 1988. On July 16, 1990 an
unusually strong earthquake hit Manila and its environs and the building in
question sustained major damage. The front columns of the building buckled,
causing the building to tilt forward dangerously. On November 29, 1990,
Emmanuel Zulueta commenced this action for the recovery of damages arising
from the partial collapse of the building against Mañalac Construction Co. It was
found that Mañalac Construction Co. made substantial deviations from the plans
and specifications, and had failed to observe the requisite workmanship in the
construction as well as to exercise the requisite degree of supervision. It was
also found that there were inadequacies or defects in the plans and
specifications prepared by them. Discuss the liability of the architect who
constructed the building.

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.

Registration of Guests and Occupants

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 liability of the hotelkeepers shall extend to the following cases:

(1) In case the loss or injury is caused by his servants or employees, as well as
by strangers;
(2) 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:
(1) The loss or injury is caused by force majeure like flood, fire, robbery by force
orintimidation;
(2) The loss is due to the acts of the guest, his family, servants or visitors;

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.

Discussion of the Law

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.

National Homestay Program

The National Homestay Program is a program of the Department of Tourism

which provides travelers with comfortable accommodations with Filipino families
in areas near tourist attractions.
For purposes of accreditation by the Department of Tourism, the following are the
minimum requirements for the operation and maintenance of Homestay Sites:

Homestay Sites

1. There is prevailing peace and order situation in the area;

2. There are existing natural and man-made attractions in the community;
3. Site is easily accessible to tourists and with existing transportation services,
good road condition and other basic community infrastructures;
4. The host community is willing to join the National Homestay Program; and
5. There is a dearth of commercial accommodation facilities in the area to service
tourists.

Home Facilities

1. Structures are of durable building materials and are in good, presentable

condition;
2. The surroundings are pleasant and healthful;
3. There shall be at least one (1) adequately furnished guestroom to
accommodate paying visitors; and
4. The following shall be available: (a) extra bed/s; (b) adequate lighting system;
(c) running water or if not available, adequate supply of water; (d) clean and well-
maintained toilet and bathroom facilities; (e) meals at reasonable rates; (f)
electric fan or other means of ventilation.

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.

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.

Accordingly, every waste management program shall include the following:

(a) an orderly system of operation consistent with the needs of the area
concerned;
(b) a provision that the operation will not create pollution of any kind or will
constitute public nuisance;
(c) a system for a safe and sanitary disposal of waste;
(d) a provision that existing plans affecting the development, use and protection
of air, water or natural resources shall be considered;
(e) schedules and methods of implementing the development, construction and
operation of the plan together with the estimated costs; and
(f) a provision for the periodoc revision of the program to ensure its effective
implemenmtation.

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, 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.

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. 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.

The following constitutes guidelines on safety and security measures:

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
ID, and the like;
2. Efficient recording of information on vehicles (make/model, color, plate number
and name for taxi cabs) ferrying tourists/guests to and from the hotel shall be
provided;
3. Efficient ID system for all personnel shall be established;
4. Proper selection of manpower and security personnel shall be conducted;
5. Crisis management team whose members have continuous training on hotel
security and emergency response, both on man-made and natural disasters shall
be organized. The response shall also include evacuation and first aid;
6. Security spotters shall be provided to monitor the movement and other
activities of guests/visitors, hotel staff and loiterers. Perimeter roving guard shall
also be detailed and establish a record scheme to monitor his task;
7. All public areas of the establishment shall be provided with an electronic
surveillance system, fully equipped with modern and high resolution imaging
CCTV gadgets manned by a security officer;
8. Electronic access control device shall be provided in the elevator for high-rise
hotels and other similar accommodation establishments;
9. Hotel Managers and/or Security Officer shall undergo annual training program
on security and emergency procedures in the coordination with the Association of
Hotel Security Officers of the Philippines, Inc. (AHSOP) or any concerned
government agency; and
10. Linkages with local PNP Commands, hospitals and other concerned
agencies shall be institutionalized to respond to emergency situations.

Application of the Law

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?

Legal Opinion: Annie should:

1. Attempt to keep the caller on the line and record the conversation, noting down
or remembering the exact words of the person making threat.
2. Try to know when the bomb is set to explode, where it is, what it looks like,
who placed the bomb and the reason for the bomb.
3. Take note of the time and duration of the call.
4. Take note of the background noises and voice characteristics (male or female,
young, middle-aged or old) tone and accent.
5. The switchboard operator, should there be one, should be instructed to turn on
the tape recorder, if available, to record the caller’s voice print.
6. Upon receipt of the bomb threat, the person receiving the call (Annie) will
immediately notify the chief administrator of the establishment, who in turn will
direct all occupants to stay outside in a safe holding area at least 300 feet away
from the building. In this regard, the administrator or operator/owner must also
notify the PNP (which can be contacted through 117). In the meantime that the
PNP elements are being awaited, security officer/ guards should secure all
entrances of the building to prevent any person from entering the building. If
more than one threat is made in a month, the operator/owner should make
arrangement with the telephone company to monitor and trace the telephone
calls for a period of time.
The administrator or operator/owner should be made available, if requested by
the PNP elements, to assist in the search for the bomb. Nobody should be
allowed to get inside the building unless declared safe by the bomb disposal
team.