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Tourism Promotions Board.
SEC. 45. Tourism Promotions Board. — Under the supervision of the Secretary and attached to the Department for purposes of program and policy coordination shall be a body corporate known as the Tourism Promotions Board (TPB). The TPB shall formulate and implement an integrated domestic and international promotions and marketing program for the Department.
Mandate.
SEC. 46. Mandate. — The TPB shall be responsible for marketing and promoting the Philippines domestically and internationally as a major global tourism destination, highlighting the uniqueness and assisting the development of its tourism products and services, with the end in view of increasing tourist arrivals and tourism investment. Specifically, it shall market the Philippines as a major convention destination in Asia. To this end, it shall take charge of attracting, promoting, facilitating and servicing largescale events, international fairs and conventions, congresses, sports competitions, expositions and the like. It shall likewise ensure the regular advertisement abroad of the country‘s major tourism destinations and other tourism products, not limited to TEZs. It may also provide incentives to travel agencies abroad which are able to draw tourists and tourism investments to the country.
Board of Directors.
SEC. 47. Board of Directors. — The TPB shall be governed and its powers exercised by a Board of Directors ("Tourism Board"), composed as follows: The Department Secretary, as Chairperson; The TPB Chief Operating Officer, as Vice Chairperson; The TIEZA Chief Operating Officer; The Department of Foreign Affairs (DFA) Secretary; The Department of Trade and Industry (DTI) The DOTC Secretary; and Five (5) representative directors, to be appointed by the President, upon the recommendation of the Tourism Congress from a list of at least three (3) nominees per group as enumerated in Section 49. They must be Filipinos with recognized competence in business management, marketing, finance, tourism and other related fields and shall serve a term of office of three (3) years, which term may be extended for a period not exceeding three (3) years. Secretary; The Secretaries of the DFA, the DTI and the DOTC shall each designate a permanent representative in the Board, who must possess relevant experience. The permanent representative shall be duly authorized to act on behalf of the Secretary in his or her absence. The Chairperson of the Tourism Board shall have voting rights in case of a tie. The Tourism Board shall appoint a corporate secretary whose functions shall include the preparation of agenda for board meetings, in consultation with the Chairperson.
The Chief Operating Officer.
SEC. 48. The Chief Operating Officer. — The TPB shall have a Chief Operating Officer who must be a Filipino, with a bachelor’s degree in any of the following fields: business, law, tourism, public administration or other relevant fields and have demonstrated expertise therein. He or she must have been engaged in a managerial capacity for at least five (5) years prior to his or her appointment. He or she shall be elected by the Board from a list of qualified applicants and appointed by the Secretary, and shall have a term of office of six (6) years, unless removed for cause in accordance with law.
Representative Directors.
SEC. 49. Representative Directors. — In accordance with Section 47, paragraph (g) of this Act, the Tourism Congress, as created under Chapter VIII, Section 104, shall elect from, among its members the directors to represent the tourism industry in the Tourism Board, specifically the following groups: Accommodation enterprises; Travel and tour services; Land, air and sea tourist transport services; Conventions and exhibitions services and suppliers; and Other tourism enterprises. If a representative director ceases to be connected with the sector he or she represents, a new representative director shall be appointed to serve the unexpired term.
Powers and Functions of the Tourism Promotions Board.
SEC. 50. Powers and Functions of the Tourism Promotions Board. — The TPB shall have all the general powers of a corporation provided under the Corporation Code. Furthermore, it shall have the following powers and functions: Organize the TPB in a manner most efficient and economical for the conduct of its business and the implementation of its mandate; Develop and implement a plan to market the Philippines as a premier tourist destination; Direct and coordinate the resources and efforts of the government and the private sector in the tourism and allied fields for the full realization of the tourism plans and programs; Develop and promote the Philippines as a center for international meetings, incentives, conventions, exhibitions, sports, medical tourism and other special events; Engage in the business of tourism and perform acts in consonance therewith, such as, but not limited to, attending conventions and other events abroad in representation of the country, encouraging sales promotions and advertising, and implementing programs and projects with the objective of promoting the country and enticing tourists to visit its tourism destinations and to enjoy its tourism products; Contract loans, indebtedness and credit, and issue commercial papers and bonds, in any local or convertible foreign currency from international financial institutions, foreign government entities, and local or foreign private commercial banks or similar institutions under terms and conditions prescribed by law, rules and regulations: Execute any deed of guarantee, mortgage, pledge, trust or assignment of any property for the purpose of financing the programs and projects deemed vital for the early attainment of its goals and objectives, subject to the provisions of the Constitution (Article VII, Section 20 and Article XII, Section 2, paragraphs (4) and (5)); Receive donations, grants, bequests and assistance of all kinds from local and foreign governments and private sectors and utilize the same; Extend loans through government banks and financial institutions, provide grants and other forms of financial assistance for manpower training, heritage preservation, infrastructure development and other programs of the Department: Obtain the services of local and foreign consultants, and enter into contracts locally and abroad in the performance of its functions: and Perform all other powers and functions of a corporation.
Meetings of the Board.
SEC. 51. Meetings of the Board. — The Tourism Board shall meet at least once a month at the principal office of the TPB, unless the Tourism Board previously agrees in writing to meet at another location.
Capitalization.
SEC. 52. Capitalization. — The TPB shall have an authorized capital of Two hundred fifty million pesos (Php250,000,000.00) which shall be fully subscribed by the national government.
Strategic Marketing Plan.
SEC. 53. Strategic Marketing Plan. — The TPB shall draft comprehensive short-, medium- and long-term marketing plans for the Philippines as a destination for travel, business and investment, particularly tourism investment. It shall coordinate, insofar as practicable, with relevant agencies of the government and the private sector in the preparation of such plans. Such plans shall be duly approved by the Tourism Board. The Chief Operating Officer shall ensure that the marketing plans are duly implemented, and shall periodically report to the Tourism Board the status of their implementation. He or she shall also coordinate to ensure that the other agencies of the government and the private sector which assisted in the preparation of marketing plans perform their respective duties under the plans. SUBCHAPTER III-B. TOURISM PROMOTIONS FUNDING
Tourism Promotions Trust.
SEC. 54. Tourism Promotions Trust. — Within one hundred and twenty (120) days from the effectivity of this Act, an audit shall be conducted by the Commission on Audit to determine the true value of the assets and liabilities of the PTA. After such audit, the TIEZA and the Department, in coordination with the Privatization Council, shall determine which assets shall be put up for sale or lease: Provided, That concerned LGUs interested to manage and operate said assets shall have the right of first refusal. The TIEZA and the Department shall take into consideration the importance of maintaining and preserving the PTA assets which may already be considered cultural treasures and heritage sites, such as the Banaue Hotel and similar assets, which shall not be sold or in any way disposed of and shall be placed under the ownership of the TIEZA for their continued maintenance. The Tourism Promotions Trust shall hereby be established from the proceeds of the sale or lease of the assets of the PTA. The trust shall be managed by a government-owned bank or financial institution selected by the Tourism Board. Said bank or institution shall report the status and profitability of the trust on a quarterly basis to the Tourism Board, the Secretary, and the Joint Congressional Tourism Oversight Committee created under this Act.
Tourism Promotions Fund.
SEC. 55. Tourism Promotions Fund. — The proceeds of the following shall be placed in a special Tourism Promotions Fund to finance the activities of the TPB: The investment earnings from the Tourism Promotions Trust; An appropriation from the national government of not less than Five hundred million pesos (Php500,000,000.00) annually for at least five (5) years from the time of its constitution; Seventy percent (70%) of the fifty percent (50%) net income of the DFPC accruing to the Department, in lieu of its statutory remittance to the national government under Republic Act No. 7656, otherwise known as the Dividends Law of 1994; At least twenty-five percent (25%) of the fifty percent (50%) national government share remitted by the Philippine Amusements and Gaming Corporation (PAGCOR) to the national Treasury pursuant to Republic Act No. 7656; and At least twenty-five percent (25%) of the national government share remitted by the international airports and seaports to the National Treasury pursuant to Republic Act No. 7656. In no case shall promotions and marketing activities receive less than fifty percent (50%) of the annual utilization of the fund. Not more than ten percent (10%) of the fund shall be used for all other administrative and operating expenses of the TPB. The unallocated portion of the fund shall be earmarked by the TPB as follows: For use by the TIEZA in the development of TEZs; For the Department, to enhance its programs for development planning, heritage preservation and infrastructure development, and manpower training including, but not limited to, scholarships for trainings abroad, among others; or For such other purposes as may contribute to the development of the tourism industry. Portions of the net income of government corporations and other enterprises provided under this section due the TPB shall be remitted directly thereto on a quarterly basis.
Special Contingency Fund.
SEC. 56. Special Contingency Fund. — At the beginning of each year, ten percent (10%) of the allocation for promotions and marketing shall be set aside as a Special Contingency Fund of the TPB. This shall be used in the event of emergencies to provide the TPB with sufficient resources to undertake marketing and promotions activities that will encourage sustained tourism interest in the Philippines and that will address the adverse effects of these emergencies.
Exemption From Payment of Corporate Income Tax.
SEC. 57. Exemption From Payment of Corporate Income Tax. — Notwithstanding any provision of existing laws, decrees, executive orders to the contrary, the TPB shall be exempt from the payment of corporate income tax, as provided under the National Internal Revenue Code (NIRC) of 1997, as amended.
Membership.
SEC. 58. Membership. — The TPB shall be open for membership to entities, groups and individuals with economic, social or cultural interest in travel trade, congresses and conventions.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).