CHAPTER 4

LAWS REGULATING ACCOMMODATION ESTABLISHMENTS

The Case of the Missing Television SET

In one particular deluxe hotel in Metro Manila, the management takes pride in the excellent
service given by its staff to all its hotel guests. Approximately 10% of the in-house guests are
Filipino balikbayans. One day, a Filipino balikbayan checked in with two pieces of luggage a
huge suitcase and a big balikbayan box. The guest was staying only overnight. The bellman
brought the luggage to the designated guestroom. The following day, the guest checked out
with the same number of luggage. The bellman called for a taxi cab to take the guest to his
next destination. The housekeeping attendant entered the vacant guestroom later to clean
it. The housekeeping attendant was surprised to note that the television unit in the living
room was no longer in the armoire or TV cabinet. The housekeeping attendant also found
plenty of huge rocks in the bathtub. This was reported right away to the security personnel.
It was investigated also by the Human Resources Department. This was obviously a case of
theft.

Questions
The investigation report indicated that the housekeeping staff, front desk, and bellman were
all negligent in allowing the guest to check out without clearing the guestroom as it is a
standard procedure to ensure that nothing is missing in the guestroom prior to checkout.
The book value of the missing television set (P24,685) was charged to the negligent
employees.
Do you agree with this verdict?
How can hotels prevent this incident?

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 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 criterion 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 the factors which tourists consider
and decide 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,
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 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 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 in 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, bathrooms/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

Star Grading System for Hotels, Resorts and Apartment Hotels

Section 1. Five Star Grading System. There are five (5) levels of accommodation standards
ranging from one to five stars. The star bands for Hotels, Resorts and Apartment Hotels are
as follows:
1. One Star: 25-40% achievement (251 to 400 points) – These enterprises
2. Appeal to budget minded travelers. There is a limited range of facilities and services.
3. Two Star: 40-55% achievement (401 to 550 points)- These enterprises appeal to the
tourists seeking more than basic accommodation. They Offer expanded facilities and
higher level of comfort.
 4. Three Star: 55-70% achievement (551 to 700 points) – These enterprises offer a very
good level of accommodation. There are more spacious public areas, higher quality
facilities and a greater range of services.
5. Four Star: 70-85% achievement (701 to 850 points) – These properties are upscale in
all areas. Accommodation is refined and stylish. Service is responsive, often including
an extensive array of facilities.
6. Five star: 85-100% achievement (851 to 1,000 points) – These properties reflect the
characteristics of luxury and sophistication. The facilities are world class in every
manner and the meticulous service exceeds all guest expectations.

Discussion of the Law

Classification of tourist accommodations is based on the following dimensions or criteria:

a. Arrival and Departure

1. Appearance design and construction quality, and condition of the building
2. Entrance, exit, and parking
3. Security
4. Much.Service hours, size, and seating area of reception
5. Check-in process
6. Luggage and porter services
7. Staff appearance, service quality
8. Check-out process
9. Other departure aspects
b. Public Areas
1. Decoration design and quality, condition and maintenance, and furniture
quality and condition
2. Quality, condition, and cleanliness of public washroom
3. Room climate, temperature control quality, condition and maintenance,
lighting quality, condition, environmental protection, and cleanliness of public
areas
c. Bedroom
1. Room size
2. Availability of suites availability
3. Rooms for Persons with Disabilities (PWDs) availability
4. Space and comfort of bedroom
5. Sound proofing and noise levels of bedroom
6. Bed mattress quality and condition
7. Bedding and linen quality and condition
8. Quality and condition of pillows
9. Bedroom lighting quality, condition, and environmental protection
10. Quality and condition of bedroom curtains
11. Quality and condition of flooring coverings
12. Temperature control quality, condition, and maintenance
13. Quality and condition of bedroom furniture
14. Accessories and amenities
 15. Bedroom cleanliness

d. Bathroom
1. Minimum requirements for a bathroom
2. Quality, condition, and maintenance of shower and bath Quality, condition,
and maintenance of basin
3. Quality, condition, and maintenance of toilet Quality, condition, and
maintenance of decoration
4. Quality and cleanliness of towels
5. Space and comfort
6. Overall cleanliness of bathroom Availability of toiletries and amenities
7. Environmental protection provisions
8. Food and Beverage
9. Amenities and Services
e. Food and Beverage
1. Availability of restaurants and options for F&B
2. Quality of F&B service
3. Quality, condition, and maintenance of restaurant decoration
4. Quality and cleanliness of crockery, cutlery, and glassware Space and comfort
of restaurant
5. Quality of kitchen appliances
6. Cleanliness of kitchen
f. Amenities and Services
1. Guest services
2. Wellness services
3. General services
4. Conference and function venue
g. Business Practices
1. Business processes
2. Barrier-free facilities for persons with disabilities

Examples of deluxe hotels are Solaire Hotel in Parañaque City, The Peninsula Hotel in Makati
City, EDSA Shangri-la Plaza Hotel in Pasig City, Marco Polo Hotel in Davao City, and the
Bellevue Hotel in Muntinlupa City. There are also clusters of hotels within the same vicinity
enjoying a common perimeter boundary like City of Dreams in Parañaque City which houses
several hotel brands

There are hotels around the world which advertise themselves as six-star or even seven-star
hotels. However, the United Nations World Tourism Organization only has a 5-level category
of hotels worldwide and puts 5-star or deluxe as the highest level. They have done so for
marketing purposes only but as per the UNWTO, these hotels are also regarded as 5-star or
deluxe hotels. In the Philippines, only Maxim Hotel in the Resorts World Complex in Newport
City. Parañaque City is classified as marketing itself as a 6-star hotel.
Examples of first-class hotels are Bayview Park Hotel in Manila, Linden Suites Hotel in Pasig
City, Luxent Hotel in Quezon City, Seda Hotel in Taguig City, Park Inn Hotel in Davao, and
Waterfront Hotel and Casino in Cebu City.

Examples of standard hotels are Elizabeth Hotel in Baguio City, G Hotel in Manila, Grand Men
Seng Hotel in Davao City, Herald Suites in Makati City, Villa Caceres Hotel in Naga City, and
Kabayan Hotel in Pasay City.

Examples of economy class hotels are Hotel Las Palmas in Manila, City Savers Hotel in
Quezon City, Laparilla Hotel in Nueva Ecija, and Orchid Garden Suites in Pasay City.

Examples of apartels or serviced apartments are Ascott Hotel, Century Citadel Ion, and
Makati Executive Palace, and Asian Mansions all in Makati City.

Examples of pension houses are Malate Pension and Pension Natividad both in Manila.
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)

Examples of beach resorts are Boracay Regency Resort and La Carmela de Boracay both in
Aklan, Dos Palmas Resort in Palawan, Eskaya Beach Resort and Spa in Bohol, and Acua Verde
in Batangas.

Examples of inland resorts are Quan’s Worth Farm Resort in Quezon, Racsos Wildlife Resort
in Iloilo, Sitio Lucia Resort in Bulacan, 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 and Amanpulo both in
Palawan.

Examples of lakeside or riverside resorts are Lake Caliraya Resort, Hotel La Corona de
Pagsanjan, and Villa Escudero and Resort all in Laguna, and Club Balai Isabel in Batangas.

Examples of mountain resorts are Camp John Hay in Baguio City, Banaue International Hotel
in Ifugao, Eden Nature Park and Resort in Davao City and Taal Vista Hotel and Anya Resort
both 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 hospitals 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
lifesaving 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 regulations
and/or local ordinances on the placing of such buoys.
e) Precautionary measure
(1) 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.
(2) Night swimming at the pool shall be allowed only if there are adequate lifeguards
on duty and when the pool premises are sufficiently lighted.
(3) 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.
(2) Resorts owners shall prohibit ambulant vendors from peddling their wares within
the resort premises in order to provide their guests a certain degree of privacy to
enable them to relax and enjoy their stay thereat.
(3) Littering in resort shall be strictly prohibited. Resort owners shall keep their
premises clean and shall adopt their own anti-littering measures.
(4) Without prejudice to existing ones, no resort shall be established or constructed
within a radius of five (5) kilometers from any pollution-causing factory or plant.295

Motorist Hotel (Motel)

Aside from complying with the minimum requirements for the establishments, operation
and maintenance of a motel, all motels are required to keep a Motel Registry Book stating
the following particulars:
a) Full name;
b) Address; and
c) Number, date and place of issue of Residence Certificate Class A or Driver’s License or
Passport.
In addition, the motel management is required to maintain a separate logbook of the plate
number of the vehicles or cars used for customers or guests coming into or leaving the
motels, 296 On the departure of the guests, the motel clerk shall record in the Registry Book
the date and hour of their departure,
No motel shall accept for lodging or accommodation any person below 18 years of age
unless accompanied by a parent or guardian,
Examples of motels are Wise Hotel, Sogo Hotel, Anito Lodge, Queensland, and Victoria
Court.

Accreditation Process

Filing of Application. Any person, partnership, corporation or other entity desiring to

operate a primary tourism enterprise as defined herein shall secure an accreditation from
the Department. Application for accreditation shall be accomplished online.
Documentary Requirements. The Department shall issue a List of Documentary
Requirements to be complied with by applicants as part of the accreditation process.
By virtue of the Tourism Act of 2009,299 accommodation establishments, being classified as
Primary Tourism Enterprises, are required to be accredited by the Department of Tourism.
Any person, partnership, corporation or other entity desiring to secure an accreditation from
the Department of Tourism shall accomplish in duplicate and the file with the Department,
the application prescribed for such purpose.

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; and
e) Such other papers or documents as may be required from time to time by the
Department,
Inspection. An inspection team shall conduct an audit of the establishment to determine its
classification. An oversight committee from the Department shall conduct periodic
inspection of the classified establishment.
Validity of Accreditation. The Certificate of Accreditation shall be valid for a period of two
(2) years, unless sooner revoked by the Department.” 302
Schedule of Fees. The Department shall issue a schedule of accreditation fees to be
implemented by these Rules. 303

Cancellation and/or Downgrading of Accreditation

Grounds for Cancellation. Any of the following acts, omissions shall be 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 as prescribed in these rules and regulations;
d) Allowing or permitting the establishment or its facilities to be used for prostitution
particularly those involving children or any illegal, immoral or illicit activities; and
e) Violation of or non-compliance with any of the provisions of these rules,
promulgated orders, decisions and circulars issued by the Department and other
concerned government agencies.

Procedure for Cancellation and/or Downgrading of Accreditation. Assessors shall submit a

report with recommendations based on the inspection shall then send a letter to the
concerned enterprise regarding its deficiencies. Rectify findings to the Office of Tourism
Standards and Regulation (OTSR). The OTSR specifying a grace period of a minimum of three
(3) months within which to such findings.
Non-compliance within the allotted grace period may result in the cancellation and/or
downgrading of accreditation of the concerned enterprise. The Department shall likewise
inform the concerned local government unit regarding the accreditation status of the
enterprise.

Supervision of Accredited Establishments

Display of DOT Accreditation Seal. The valid DOT accreditation seal shall be displayed in a
conspicuous place of the establishment.
Non-Transferability of DOT Accreditation Seal. The rights and privileges over the
accreditation shall be non-transferable.
Periodic Inspection. The Department may send an inspection team to the establishment for
the purpose of finding out whether it is being kept and/or managed in a manner
conformable to the standards set by the Department. The inspection shall be conducted at a
reasonable time of the day with due regard and respect accorded to the right to privacy of
parties concerned.
Defects and Deficiencies Found During the Inspection. When certain defects and
deficiencies have been found in the course of inspection, the Department shall give direction
to the keeper, manager, or operator to rectify the defects or deficiencies within a reasonable
period of time.
Penalty for Failure to Remedy the Defects, etc. If the management fails to remedy the
defects or deficiencies, the Department may withdraw the certificate of accreditation of the
establishment.
Advertisements. All DOT-accredited hotels, resorts, tourist inns, and apartment hotels which
shall advertise its business or services through print media must specify in the
advertisement item itself the DOT accreditation number.
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 hand for the victim to
prove the negligence of such employer [Campo, et al. v. 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 owner and operator of
the establishments should be held solidarily liable pursuant to Article 2193 of the Civil Code
[Article 2194]. The responsibility of two or more persons who are liable for a quasi-delict is
solidary. 307

Application of the Law

Case: Maurice McLoughlin, an Australian businessman-philanthropist sued Tropicana

Copacabana Apartment Hotel (Tropicana) for the loss of his American and Australian dollars
deposited in the safety deposit box of Tropicana. Mr. McLoughlin was 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 guests, and the other remaining in the possession of the management of
the hotel. When a registered guest wished 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 deposit 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. MacLoughlin of the incident and waited for him to
discover the taking before is disclosed the matter of him. Therefore, Tropicana should be
held responsible for the damage suffered by 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 off 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 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 solidarity liable pursuant to Article 2193.

National Building Code of the Philippines (NBCP)

The NBCP (P.D. 1906, February 19, 1977) was adopted in view of the country’s accelerating
and physical development coupled with urbanization and population growth. The NBCP
contains up-to-date and modern technical knowledge on building design, construction, use,
occupancy and maintenance.

The Law
Section 104. General Requirements
a) All buildings or structures as well 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 maintaining in safe, sanitary and good working condition.

Section 105. Site Requirements

The land or site upon which will be constructed structure or any or ancillary or auxiliary
facility thereto, shall be sanitary, hygienic any building 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 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;

• 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 measured 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; and (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.

1-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.

2- 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
license by local governments and other governments 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; and (2) Storage, handling and/or use of explosives or 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 plastic foam; (4) Flammable and
combustible liquids any classification; (5) Flammable paints, varnishes, stains and organic
coating: (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, nitrocelluloses, 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/process: (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 are lamps; (7) Refining, distillation and solvent extraction; and (8)
Such other operations or processes as may hereafter be prescribed in the Rules and
Regulations; and
D Owners, occupants or administrator of buildings, structures and their premises or facilities
shall incorporate and provide therein fire safe 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 system and other firefighting
equipment; (2) Fire alarm systems; (3) Fire walls to separate adjoining buildings, or
warehouse 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 exists 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 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.

• 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 conversation, and waste management.

• 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
tourist spots are classified as projects located in Environmentally Critical Areas.31

• and Regulations to Govern the Accreditation of the Hotels, Tourist Inns, Apartels, Resorts,
Pension Houses and Other Accommodation Establishments by the Department of the
Tourism (DOT, August 26, 1992). This involves the minimum for the operation,
establishments and maintenance of accommodation 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 establishments.

• The Law to Enhance Mobility of Disabled Persons (B.P. 334) 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 sidewalks, establishment
such architectural facilities or structural features as shall reasonably enhance the mobility of
disabled persons as railing and the like. In case of the parking place of such buildings c
establishments, the owner or operator shall reserve sufficient and suitable space for the use
of the disabled persons.