REVISING PRESIDENTIAL DECREE NO. 189, DATED MAY 11, 1973, AS AMENDED, CREATING THE DEPARTMENT OF TOURISM.

• Number: Presidential Decree No. 1463
• Sections: 23

Preamble

I, FERDINAND E. MARCOS, President of the Philippines, by

virtue of the powers vested in me by the Constitution, do hereby order and

decree the revision of Presidential Decree No. 189, dated May 11, 1973, as

amended, the charter creating the Department of Tourism, which shall henceforth

read in its entirety as follows:

Section 1 Short Title.

SECTION 1. Short Title.—This Decree shall be known

as the Revised Charter of the Department of Tourism.

Section 2 Declaration of Policy.

SEC. 2. Declaration of Policy.—It is hereby

declared to be the policy of the Government to make the tourist industry a

positive instrument towards accelerated national development through which more

people from other lands may visit and better appreciate the Philippines and

through which the Filipinos themselves may learn more about the natural beauty,

history and culture of their country and thus develop greater pride in and

commitment to the nation.

Section 3 Creation of a Department of Tourism.

SEC. 3. Creation of a Department of Tourism.—There

is hereby created a Department of Tourism, hereinafter referred to as the

Department, which shall be the primary policy, planning, programming,

coordinating and administrative entity of the executive branch of government in

the development of the tourist industry, both domestic and international.

Section 4 Powers and Functions.

SEC. 4. Powers and Functions.—The Department shall

have the following powers and functions:

Administer, coordinate and supervise all activities of the government which

concern tourism;

Effect the removal of unnecessary barriers to travel, the integration and

simplication of travel regulations as well as their efficient, fair and

courteous enforcement to assure expeditious and hospitable reception of all

tourists and travelers;

Formulate an integrated program of promotion and publicity designed to

attract and induce people abroad to visit the Philippines, and patronize things

Philippine and to enhance the prestige of the Filipino people and the Republic;

Represent the Government in all such conferences and meetings concerning

tourism and travel, and discharge such responsibilities of Government may arise

from treaties, agreements, and other commitments on tourism and travel to which

it is a signatory;

License, classify, regulate and/or supervise the operation of all persons,

businesses, establishments, facilities and services that cater to, or have

anything to do with travelers and tourists, such as travel agencies, travel

agents/solicitors, tour operators, tour guides, hotels, resorts,

apartment-hotels, (APARTELS) tourist inns, motels, pension houses, lodging

houses and other similar lodging establishments, all tourist transport

operators, private membership clubs/clubhouses and recreational complexes with

room accommodations offering such services to the public, schools and training

centers offering tourism-related courses, and such other tourism-oriented

business/establishments/ facilities/services as may be determined by the

department;

Formulate suitable standards to ensure that the highest possible standards

are met, reasonable fees and charges are made and that services are given with

honesty, courtesy and efficiency;

Prescribe and enforce compliance with such circulars, rules and regulations

as may be necessary to implement the provisions and intent of this Decree;

Conduct investigation, hearing and inquiry and provide for and grant

administrative reliefs in all proper cases upon all matters relating to the

administration and enforcement of the provisions of this Decree and/or the rules

and regulations or circulars adopted by it to implement and enforce the

objectives and intent thereof;

Have access to the records and the premises of any business establishment,

facility or service falling under the regulatory jurisdiction of the department

and the right to copy therefrom, to question any employee and investigate any

fact, condition or matter which may be necessary or be of aid in the proper

administration and enforcement of this Decree and of any circular, rule and

regulation issued by the department;

After notice and hearing, impose administrative fines not exceeding

P10,000.00, suspend or revoke the license, permit, registration or accreditation

of any persons, or entity subject to its regulatory jurisdiction, confiscate

bonds and order its disposition, for failure to comply with or for violation of

any of the provisions of this Decree, the rules and regulations, circulars,

orders, decisions or rulings of the department; to suspend or remove any

officials/employee of any regulated establishment for failure to comply with or

for violation of any provisions of this Decree, the rules and regulations,

circulars, orders, decisions, rulings issued by the departments;

Issue summons, subpoena and subpoena duces tecum to compel the attendance of

witness and the production of books, papers and other documents pertinent to the

investigation, hearing and inquiry, and to examine those witnesses and such

books, papers and other documents as it shall need in relation to any matter

being investigated, heard or inquired into;

Punish for contempt of the department, both direct and indirect, by way of

imposing fines;

Enlist the aid, assistance and support of any and all government agencies,

civil or military, in the implementation of the provisions of this Decree or the

department's rules and regulations, circulars, and enforcement of orders and/or

decisions;

Perform such other functions as may be provided by law.

Section 5 Organization of the Department.

SEC. 5. Organization of the Department.—The

Department shall be composed of a Department Proper and two (2) bureaus, namely:

the Bureau of Tourism Promotion and the Bureau of Tourism Services.

The department proper shall include the office of the Secretary, the Planning

Service, Financial and Management Service, Administrative Service, legal Service

and such other offices or divisions that the Secretary is hereby authorized to

create to carry out the functions and objectives of the department.

Section 6 Authority and Responsibility.

SEC. 6. Authority and Responsibility.—The authority

and responsibility for the powers and the discharge of the functions of the

Department shall be vested in a Secretary of Tourism, hereinafter referred to as

the Secretary. The Secretary shall be assisted by one Undersecretary.

Section 7 The Office of the Secretary.

SEC. 7. The Office of the Secretary.—The Office of

the Secretary shall consist of the Secretary of Tourism, the Undersecretary of

Tourism and the personnel in their immediate office. It shall be responsible for

the formulation, adoption and promulgation of rules and regulations and

circulars necessary to carry out departmental policies and objectives, and for

exercising direct control and immediate supervision over the offices, services

and bureaus of the department.

Section 8 Functions of the Secretary.

SEC. 8. Functions of the Secretary.—The Secretary

shall have the following functions:

Establish the internal organization of the department, its bureau and

offices to achieve its function and objectives;

Advise the President in the promulgation of executive orders, regulations,

and decrees relative to matters falling under the jurisdiction of the

department;

Establish the policies and standards for the operation of the department

pursuant to the President's program of government;

Promulgate rules and regulations necessary to carry out the department

objectives, policies and functions;

Exercise supervision and control over all bureaus and offices under the

department;

Delegate authority for the performance of any function to officers and

employees under his direction; and

Perform such other functions as may be provided by law.

Section 9 Functions of the Undersecretary of Tourism.

SEC. 9. Functions of the Undersecretary of

Tourism.—The Undersecretary shall have the following functions:

Advise and assist the Secretary in the planning, supervision and

coordination of all technical, administrative, financial and management, and

related functions of the department;

Determine the administrative needs and requirements of all bureaus and

offices under the department;

Advise and assist the Secretary in the formulation and implementation of

department objectives and policies in all matters relating to his area of

responsibility;

Subject to the policy guidelines established and prescribed by the

Secretary, administer the day to day activities, coordinate the programs and

policies and assume over all responsibility for the efficient and economical

operation of entities under his jurisdiction;

Subject to the policy guidelines established and prescribed by the

Secretary, exercise supervision over all activities in the department relating:

to the planning, development, promotion and marketing aspects of the functions

and powers of the department under this Decree; and

Perform such other functions and discharge such other powers as may be

provided by law or delegated by the Secretary pursuant to a Department Order.

Section 10 Functions of the Bureau of Tourism Promotion.

SEC. 10. Functions of the Bureau of Tourism

Promotion.—The Bureau of Tourism Promotion shall organize and support a

program of public relations, advertising, promotion and publicity calculated to

inform, interest, attract and encourage both domestic and foreign tourism in the

Philippines; and shall perform such other functions as may be assigned/delegated

to it by the Secretary.

Section 11 Creation of Divisions and Offices.

SEC. 11. Creation of Divisions and Offices.—With

the approval of the Secretary, the Director of the Bureau of Tourism Promotion

is hereby authorized to create such divisions and offices as he may deem

necessary to carry out the powers and duties of the bureau and for the proper

and efficient operation of its business.

Section 12 Functions of the Bureau of Tourism Services.

SEC. 12. Functions of the Bureau of Tourism

Services.—The Bureau of Tourism Services shall provide information,

reception, facilitation, security and investigation services to tourists;

license, regulate, classify and inspect all tourism-oriented establishments;

hear and resolve administrative cases within its jurisdiction; conduct training

courses and programs for those involved with the Tourism Industry; and shall

perform such other functions as may be assigned/delegated to it by the

Secretary.

Section 13 Creation of Divisions and Offices.

SEC. 13. Creation of Divisions and Offices.—With

the approval of the Secretary, the Director of the Bureau of Tourism Services is

hereby authorized to create such divisions and offices as he may deem necessary

to carry out the powers and duties of the Bureau and for the proper and

efficient operation of its business.

Section 14 Functions of the Planning Service.

SEC. 14. Functions of the Planning Service.—The

Planning Service shall provide the department with economical, efficient and

effective services relating to planning, programming and project development,

including the formulation of immediate and long range plans and programs for

tourism development and their priorities as may be warranted by domestic and

international developments; and shall perform such other functions as may be

assigned/delegated to it by the Secretary.

Section 15 Functions of the Financial and Management Service.

SEC. 15. Functions of the Financial and Management

Service.—The Financial and Management Service shall provide the department

with staff advice and assistance on budgetary, finance and management

improvement matters; and shall perform such other functions as may be

assigned/delegated to it by the Secretary.

Section 16 Functions of the Administrative Service.

SEC. 16. Functions of the Administrative

Service.—The Administrative Service shall provide the department with

economical, efficient, and effective services, relating to personnel

information, records, communications, supplies, equipment, collections,

disbursements, security and other custodial works; and shall perform such other

functions as may be assigned/delegated to it by the Secretary.

Section 17 Functions of the Legal Service.

SEC. 17. Functions of the Legal Service.—The Legal

Service shall provide legal advice, service, assistance and support to the

Secretary and Undersecretary and all the offices services and bureaus under the

department on all legal matters affecting the department; and shall perform such

other functions as may be assigned/delegated to it by the Secretary.

Section 18 Attached Agencies.

SEC. 18. Attached Agencies.—The following agencies

are hereby attached to the department for purposes of policy coordination and

integration of programs:

The Civil Aeronautics Board, which shall continue to be governed by laws

pertinent to its functions and powers when not inconsistent with the provisions

of this Decree.

The Philippines Tourism Authority, which shall continue to be governed by

the provisions of the existing laws.

The Philippine Convention Bureau, which shall continue to the governed by

the provisions of existing laws when not inconsistent with the provisions of

this Decree.

Section 19 Penalties.

SEC. 19. Penalties. —

Violation by a license or holder of Authority.—Any person, whether

natural or juridical, licensed, registered, accredited or permitted by the

department to engage in a tourism-oriented establishment, facility or service,

who shall violate or cause another to violate any of the provisions of this

Decree or the rules and regulations or circulars adopted and promulgated by the

department shall, upon conviction by a competent court, suffer the penalty of

imprisonment of not less than six (6) months nor more than two (2) years or fine

of not less than Two Thousand Pesos (P2,000.00) nor more than Ten Thousand Pesos

(P10,000.00), or both, at the discretion of the court. In addition thereto, any

license, registration, accreditation, permit or authority which may have been

issued by the department shall be deemed automatically withdrawn and revoked and

the cash/surety bonds of the offender shall be forfeited in favor of the

department.

Violation by a Non-Holder of Authority.—Any person who is not a

holder of a license, accreditation, permit or any other authority from the

department who shall violate or cause another to violate any of the provisions

of this Decree or the rules and regulations or circulars promulgated by the

department shall, upon conviction of a competent court, suffer the penalty of

imprisonment of not less than one (1) year nor more than six (6) years or a fine

of not less than Four Thousand Pesos (P4,000.00) nor more than Twenty Thousand

Pesos (P20,000.00), or both, at the discretion of the court.

Penalty imposed upon Officers of Juridical Persons.—If the offender

is a corporation, partnership, firm or association, the penalty shall be impose

upon the officer or officers who may have been responsible for the violation;

and if such officer or officers is an alien, he/they shall, in addition, be

deported without further proceedings on the part of the Commission on

Immigration and Deportation.

Section 20 Separability Clause.

SEC. 20. Separability Clause.—The provisions of

this Decree are hereby declared to be separable, and in the event any one or

more of such provisions are held unconstitutional, they shall not affect the

validity of other provisions.

Section 21 Repealing Clause.

SEC. 21. Repealing Clause.—All provisions of

Presidential Decree No. 189 and all amendments thereto, inconsistent with the

provisions of this Decree are hereby repealed or modified including General

Orders, Letters of Instruction, Rules and Regulations, Executive Orders that are

inconsistent or contrary to the provisions of this Decree are hereby repealed or

modified accordingly.

Section 22 Effectivity.

SEC. 22. Effectivity.—This Decree shall take effect

immediately.

Done in the City of Manila, this 11th day of June, in the year of Our Lord,

nineteen hundred and seventy-eight.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) JACOBO C. CLAVE

Presidential Executive

Assistant