June 23, 2016

REPUBLIC ACT NO. 10866

AN ACT DECLARING THE PROVINCE OF BATANES AS A RESPONSIBLE,

COMMUNITY-BASED CULTURAL HERITAGE AND ECOTOURISM ZONE

SECTION 1. Title. — This Act shall be known as the "Batanes

Responsible Tourism Act".
SECTION 2. Declaration of Policy. — The State recognizes, respects,
and protects the rights of indigenous cultural communities to preserve and
develop their cultures, traditions, and institutions, and considers these rights
in the formulation of national plans and policies.
The State is further mandated to promote a tourism industry that is
ecologically sustainable, responsible, participative, culturally sensitive,
economically viable and equitable for local communities. Towards this end,
the Province of Batanes is hereby declared a cultural heritage and
ecotourism zone. It shall be accorded priority development by the
Department of Tourism (DOT) and shall be subject to the rules and
regulations governing the development of cultural heritage and ecotourism
zones. The promotion of the following inherent values and characteristics
which influence the uniqueness of the Ivatan culture and the beauty of the
islands of Batanes shall be pursued in the development and management of
the tourism industry in the Province: (a) the integrity of its ecology and
environment; (b) the richness of its natural and cultural heritage; and (c) the
resilience of its indigenous social institutions.
SECTION 3. Objectives. — Pursuant to the above declaration of
policy, the State shall endeavor to accomplish the following objectives:
(a) Develop and promote responsible, community-based ecological-
cultural tourism as the core management strategy in the
development and growth of Batanes;
(b) Ensure the conservation of the biodiversity and the preservation
of the unique heritage and culture of the Province;
(c) Develop tourism products and programs that will generate
employment and livelihood for the local residents consistent with
the preservation and maintenance of local heritage and culture;
(d) Guarantee that the financial and economic benefits of the
tourism industry are equitably shared by, and distributed among,
the Ivatans and local residents by giving preference and support
to community- and home-based tourism enterprises, such as
micro and small businesses like local inns, lodges and homestays,
restaurants, food and fruit stands, arts and craft shops, and
similar tourism-oriented industries and businesses;
(e) Ensure that the quality of local tourism programs and activities
are educational and enriching for tourists and visitors through the
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 provision of orientation, educational and tour programs by local
tour operators, nongovernment organizations (NGOs), local
government units (LGUs) and the DOT; and CAIHTE

(f) Guarantee that in the development and promotion of the local

tourism industry, the LGUs shall ensure that the needs of local
residents and communities in the areas of water supply, food,
energy and local construction materials are first secured and met.
SECTION 4. Definition of Terms. — As used in this Act:
(a) Biodiversity conservation refers to the practice of preserving the
variety of species, habitats and ecosystems, and genetic diversity
of the place, including inter alia, terrestrial, marine and other
aquatic ecosystems, and the ecological complexes which they are
a part of;
(b) Community-based tourism refers to a form of tourism where the
local community and its residents have substantial control over
and involvement in the development and management of the
local tourism industry and a greater proportion of the economic
gains remain within the community;
(c) Cultural property refers to all products of human creativity by
which a people and a nation reveal their identity, including
churches, mosques and other places of religious worship, schools
and natural history specimens and sites, whether public or
privately owned, movable or immovable, and tangible or
intangible;
(d) Ecotourism refers to a form of sustainable tourism within a
natural and cultural heritage area where community
participation, protection, and management of natural resources,
cultural and indigenous knowledge and practices, environmental
education and ethics, as well as economic benefits are fostered
and pursued for the enrichment of host communities and
satisfaction of visitors;
(e) Homestay refers to a system of tourist accommodation where a
tourist stays with local residents and experience the day-to-day
life of Ivatans and their communities;
(f) Indigenous social institutions refer to the institutions that
embody the unique community orientation and cooperation
pervasive in the way of life of the Ivatans. This includes the
indigenous cooperative institutions in house construction, boat
building and fishing, agricultural cultivation, wake and burial
practices, and public infrastructure construction;
(g) Ivatan natural and cultural heritage refers to the landscapes,
seascapes, historic places, sites and built environments of the
Province precisely delineated because of their outstanding value
from the point of view of science, conservation, natural beauty,
as well as biodiversity; and includes past and continuing cultural
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 practices, knowledge and living experiences of the Ivatans that
are important foundations for the development of present and
future generations;
(h) Landscapes refer to historic, cultural, symbolic vistas and sight
corridors of cultural sites, inclusive of fixed or immovable
structures and configuration of structures with established
relationship with each other;
(i) Responsible ecotourism refers to a form of sustainable tourism in
which both the tourism sector and the tourists take responsibility
in the protection, respect, and conservation of the natural
environment and the local culture and ways of life, and where
community participation as well as economic benefits are
fostered and pursued for the well-being of the local people and
satisfaction of visitors; and
(j) Sustainable tourism development refers to the management of
all resources in a way that simultaneously meets the needs of
tourists and host regions; protects the opportunities for the
future; fulfills the economic, social, and aesthetic needs; and
preserves cultural integrity, essential ecological processes,
biological diversity and a system that supports and perpetuates
life.
SECTION 5. Scope and Coverage. — This Act shall cover the same
boundaries as provided in Section 3 of Republic Act No. 8991, otherwise
known as the "Batanes Protected Area Act of 2000".
SECTION 6. Provincial Tourism Development Plan. — The DOT, in
coordination with the Department of Environment and Natural Resources
(DENR), the National Commission on Indigenous Peoples (NCIP), and the
National Commission for Culture and the Arts (NCCA), shall assist the
Province of Batanes in the formulation of the Provincial Tourism
Development Plan that shall be complemented by a set of guidelines and
standards for a responsible, community-based ecotourism. The tourism
development plan shall ensure the preservation of the natural sites, the
cultural and historic significance of identified tourist attractions, and respect
for Ivatan culture and traditions, and shall include the following components:
(a) Carrying capacity of sites;
(b) Specific site assessments;
(c) Identification of strategic priorities;
(d) Product development for local income generation;
(e) Capacity-building for local communities so residents therein can
ably manage economically viable and responsible, community-
based ecotourism business enterprises;
(f) Support for the formation of local production groups and
networks, including the marketing and pricing of products; and
(g) Marketing strategies that reflect the natural, cultural, social and
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 environmental integrity of Batanes.
The process of developing the Tourism Master Plan shall be
participatory, from the bottom up, with the framework provided by the DOT,
the DENR, the NCIP, and the NCCA, in consultation with the provincial and
municipal governments.
SECTION 7. Formulation of Guidelines and Standards. — The
concerned Protected Area Management Board of the DENR, the NCIP, and
the local tourism council, in coordination with the LGUs, shall assist in the
formulation of local tourism standards in the context of environmental
stability, as well as recommend guidelines to ensure that biodiversity
conservation and environmental protection are integrated in the
development of heritage and ecotourism plans. The guidelines and standards
shall:
(a) Raise the capacity of all stakeholders and ensure that best
practices are followed;
(b) Ensure optimal use of water and energy;
(c) Reduce waste and pollution through the encouragement of
recycling and environmentally-sound waste management
disposal schemes, with a principle of taking as much waste away
from the site as possible; and
(d) Encourage the use of local produce and services, and support
the employment of local people.
SECTION 8. Coordination with National Agencies. — The DOT shall
closely coordinate with the provincial and municipal governments of the
Province of Batanes, as well as with the regional and provincial offices of all
relevant national government agencies, such as the DENR, the NCIP, the
NCCA, the National Historical Commission, the National Museum, the
Department of Labor and Employment (DOLE), the Department of Public
Works and Highways (DPWH), the Department of Transportation and
Communications (DOTC), the Department of Agriculture (DA), the
Department of Science and Technology (DOST), the Department of
Education (DepEd), the Department of Trade and Industry (DTI), the
Department of the Interior and Local Government (DILG), the Philippine
National Police (PNP), the Maritime Industry Authority (MARINA), and the
Philippine Ports Authority (PPA) in the implementation of this Act. DETACa

SECTION 9. Implementing Rules and Regulations. — The DOT, the

DENR, the NCIP, and the NCCA, in consultation with the provincial and
municipal governments of Batanes, concerned government agencies, and
stakeholders, shall, within sixty (60) days from the effectivity of this Act,
promulgate the necessary rules and regulations for the proper
implementation of this Act.
SECTION 10. Separability Clause. — In the event that any provision
of this Act or part hereof is declared unconstitutional or invalid, the other
provisions not affected thereby shall remain in force and effect.

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 SECTION 11. Repealing Clause. — All laws, decrees, executive
orders, presidential issuances and other administrative rules and regulations
or parts thereof which are inconsistent with this Act are hereby repealed,
amended or modified accordingly.
SECTION 12. Effectivity. — This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in a newspaper of general
circulation.
Approved: June 23, 2016.

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