Laws Regulating

Accommodation
Nature and Description of the
Business

⊹ LAW
Business entities engaged in the operation of tourist
accommodation establishments may be organized
as a single proprietorship, a partnership or a
corporation.

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⊹ 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.

⊹ Resort - any place or places with pleasant environment and atmosphere conducive to comfort, healthful relaxation and rest,

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offering food, sleeping accommodation and recreational facilities to the public for a fee or remuneration.

⊹ Tourist Inn - a lodging establishment catering to transients which does not meet the minimum requirements of an economy
hotel.

⊹ 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.

⊹ 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.

⊹ 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.3

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“ ⊹
⊹
Hotels are hereby classified into the following categories, namely
De Luxe Class (previously known as 5-star category)
⊹ First Class (previously known as 4-star category)
⊹ Standard Class (previously known as 3-star category)
⊹ Economy Class (previously known as 2-star category)4

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⊹ Classification of hotels is based on a number of criteria such as:
⊹ a)  Location;
⊹ b)  Bedroom Facilities and Furnishings (with emphasis on dimensions)
⊹ c)  Front Office/ Reception Service
⊹ d)  Housekeeping Standards
⊹ 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 tran

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resorts

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 Resorts may be categorized as
Black
beach resort (located along the
seashore), inland resort (located ⊹ Resorts shall be
within the town proper or city), classified as follows:
island resort (located in natural or
man-made island within the a. Class AAA;
internal waters of the Philippine ⊹ b. Class AA;
Archipelago), lakeside or riverside
resort (located along or near the
c. Class A;
bank of a lake or river), and d. Special Interest
mountain resort (located at or near
Resort.
a mountain of hill and theme parks).
4. 4  Section 2, Ibid. .
5. 5  Section 7, Ibid.
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6. 6  Section 8, Ibid.
Classification of resorts is
based on:
⊹ Location and Environment;
⊹ b)  Parking;
⊹ c)  Facilities and Room Accommodation;
⊹ d)  Public Washrooms;
⊹ e)  Sports and Recreational Facilities;
⊹ f)  Conference/ConventionFacilities;
⊹ g)  Employee Facilities;
⊹ h)  Lounge and Reception Counter; and
⊹ i)  Lighting, Furnishings or Ventilation.

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 Rules on the Operation and
Management of Resorts
⊹ Sanitation measures shall be adopted in accordance with the standards prescribed under P.D. 856
Code on Sanitation of the Philippines.
⊹ 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.
⊹ 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.

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 Rules on the Operation and
Management of Resorts
1. 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.
2. Precautionary measures
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.
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.

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 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.  Resort 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.7

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 Motorist Hotel (Motel)
Aside from complying with the minimum requirements for
the establishment, 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;
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.8 On the departure of the guests, the motel
clerk shall record in the Registry Book the date and hour of their departure.

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Accreditation of Accommodation
Establishments by the Department of
Tourism

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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

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 Responsibilities of
Accommodation Establishments

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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.
Article 1170 of the New Civil Code, those who in the
performance of their obligations, are guilty of negligence,
are liable for 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.

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
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.
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 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.
SANITATION
Section 901.General Requirements
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 20
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?

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⊹ 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.

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.

⊹ 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
requirements of Fire Bureau 22
⊹ 4)  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.

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⊹ 5.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

⊹ 6. 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.2

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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?

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The Law

Section 301. Building Permits

No person, firm or corporation including any agency or instrumentality of the

government shall erect, construct, alter, repair, move, convert or demolish any
building or structure or cause the same to be done without first obtaining a
building permit therefore from the Building Official assigned in the place where
the subject building is located or the building work is to be done

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

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General Requirements of All Buildings by Use or Occupancy
The Law

Section 704. Location on Property

(a) General
No building shall be constructed unless it adjoins or has direct access to a
public space, yard or street on at least one of its sides.
(b) Fire Resistance of Walls
Exterior walls shall have fire resistance and opening protection

Article 801. General Requirements of Light and Ventilation

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.

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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?

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Registration of Guests and Occupants

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;41

In case the loss or injury is caused by the act of a thief

or robber without the use of arms and irresistible
force.42
However, the hotelkeeper shall not be liable in the
following cases:
1. (1)  The loss or injury is caused by force majeure like
flood, fire,43 robbery by force or
2. intimidation; 44
3. (2)  The loss is due to the acts of the guest, his
family, servants or visitors;45

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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;

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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.

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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 32
emergency situations.