Preliminary Flashcards
Course Facilitator
Mr. Rey Oliver S. Alejandrino, DCL
DCL
Doctor Of Civil Law
Course Category
Required Subject
Office
MSEUF CTHRM
Units/Course Credit
3
2 ways how to pass a bill
Senate and House of Representatives-signed by President
Jurisprudence- city-regional court of appeals-Supreme court
Powers/action
Rule making power
Enforcement
Adjudication
Basic law in Tourism
RA 9593
Senate
Senate Bill 2123
House of Representatives
House Bill #5229
Government agencies
Administrative law
Powers/Action
Rule making power
Enforcement
Adjudication
DFPC
Duty Free Philippines Corporation
IA
Intramuros Administration
PRA
Philippine Retirement Authority
PCSSD
Philippine Commission on Sports Scuba Diving
DOT was created pursuant to _, as amended by _, otherwise known as _.
Department of Tourism
Presidential Decree No. 189 (1973)
Republic Act No. 9593
Tourism Act of 2009
It is a primary government agency charged with the development of tourism as a major socio-economic activity and is a part of the Cabinet of the President of the Philippines.
The DOT
It is the primary planning, programming, coordinating, implementing and regulatory government agency in the development and promotion of the tourism industry, both domestic and international, in coordination with attached agencies and other government instrumentalities.
DOT
It instills in the Filipino the industry’s fundamental importance in the generation of employment, investment and foreign exchange.
DOT
Tourism Governance; Powers and Functions
Tourism policies, plans and projects
All agencies of government to assist in the implementation Represent the government in all domestic and international conferences and fora,
Multilateral or bilateral treaties and international agreements concerning tourism
Ensure the government’s implementation thereof and compliance with all obligations arising therefrom.
Provide an integrated market development program to attract people to visit the Philippines
Enhance the prestige of the country and the Filipino people in the international community
monitor conditions of any community in the Philippines
Evaluate tourism development projects
It shall provide an integrated market development program to attract people to visit the Philippines and enhance the prestige of the country and the Filipino people in the international community. It shall likewise call upon relevant government departments, agencies and offices, in consultation with the private sector, to provide access to travel, to facilitate the process of obtaining and extending visas, to integrate and simplify travel regulations and immigration procedures and to ensure their efficient, fair and courteous enforcement to assure expeditious and hospitable reception of all visitors
The DOT
It monitor conditions of any community in the Philippines and, in consultation with the LGUs and law enforcers, issue timely advisories on the safety or viability of travel to particular places within the Philippines and on patronage of entities engaged in tourism related activities and of tourism products. It shall evaluate tourism development projects for the issuance of permits and the grant of incentives by appropriate government agencies, establish a databank of tourism areas and projects for investment purposes, and encourage private sector investment and participation in tourism activities and projects.
The DOT
It monitor the LGUs’ compliance to national standards in the licensing of tourism enterprises, receive and investigate complaints concerning these enterprises, and act on such complaints to properly implement the provisions of this Act.
The DOT
The DOT shall be headed by the _. He shall be assisted by at least _ Undersecretaries, namely: _ Each Undersecretary shall be assisted by an _
Secretary
three (3)
Undersecretary for Tourism Development
Undersecretary for Tourism Regulation, Coordination and Resource Generation
Undersecretary for Special Concerns and Administration
Assistant Secretary
There shall be _ in each administrative region in the country to be headed by a _
Regional Offices (RO) Regional Director.
It shall implement the laws, policies, plans, programs, rules and regulations of the DOT, particularly those relating to compliance therewith, and to the accreditation of tourism enterprises promulgated by the DOT.
In addition to the Regional Offices, Foreign Offices which were earlier established shall be retained therein.
THE RO
The DOT shall organize _encompassing areas specifically defined as a tourism area, zone or spot under any special or general law, decree or presidential issuance. Any government agency, office or local government unit (LGU) may be tasked by the DOT to exercise control over these TEZs. However, the DOT shall exercise supervisory powers over such agency, office or LGU in accordance with the terms of the transfer or the development plan of the zone, area or spot. Where a government agency or office or a LGU fails to implement the comprehensive plan approved by the DOT, the latter may rescind the arrangement transferring control over the tourism zone, area or spot and regain such control thereof.
Tourism Enterprise Zones (TEZs)
Any geographic area with the following characteristics may be designated as a _
Tourism Enterprise Zone
TEZ
Historical and cultural significance
The area is capable of being defined into one contiguous territory
Strategic access through transportation infrastructure, and reasonable connection with utilities infrastructure system
Sufficient in size
Strategic location
It shall designate TEZs, upon the recommendation of any LGU or private entity, or through joint ventures between the public and the private sectors. Such designation shall be subject to the provisions of this Act and to minimum requirements which they shall subsequently promulgate.
TEZs shall not proliferate in a manner that diminishes their strategic economic and developmental value to the national economy.
TIEZA
They shall establish a corporate entity, to be known as the _which shall administer the TEZ and supervise its activities.
TEZ proponent TEZ Operator
The designation of a _ does not vest ownership of the resources therein upon the _. Where the _ possesses rights to land or other resources within the TEZ, the _ shall be entitled to exercise such rights as allowed by existing laws in a manner consistent with the duly-approved development plan
TEZ Proponent/Operator
Each TEZ shall be administered and supervised by a _. A _ shall be an entity duly incorporated under the Corporation Code and other relevant laws, unless the TEZ Operator is a LGU or any other instrumentality of the government in the pursuit of their mandates, where capital may be provided by LGUs, and/or private entities.
TEZ Operator
New enterprises in _ shall, from the start of business operations, be exempt from tax on income for a period of _ years
Greenfield Tourism Zone and Brownfield Tourism Zone
6 years
An existing enterprise in a _ shall likewise enjoy the incentives extended to new enterprises in Greenfield and Brownfield Tourism Zones mentioned in the preceding paragraph.
Brownfield Tourism Zone
An existing enterprise in a _ shall be entitled to avail of a non-extendible income tax holiday if it undertakes an extensive expansion or upgrade of facilities.
Brownfield Tourism Zone
_ are those enterprises located within a TEZ that are duly-registered with the TIEZA and which refer to facilities, services and attractions involved in tourism, such as, but not limited to: travel and tour services; tourist transport services, whether for land, sea or air transportation; tour guides; adventure sports services involving such sports as mountaineering, spelunking, scuba diving, and other sports activities of significant tourism potential; convention organizers; accommodation establishments, including, but not limited to, hotels, resorts, apartelles, tourist inns, motels, pension houses, and home stay operators; tourism estate management services, restaurants, shops and department stores, sports and recreational centers, spas, museums and galleries, theme parks, convention centers and zoos.
“Registered Tourism Enterprises”
_ refers to a new or pioneer development, as determined by the TIEZA.
“Greenfield Tourism Zone”
_ refers to an area with existing infrastructure or development as determined by the TIEZA.
“Brownfield Tourism Zone”
In lieu of all other national and local taxes, license fees, imposts and assessments, except real estate taxes and such fees as may be imposed by the _, a new enterprise shall pay a tax of _on its gross income earned, which shall be distributed as follows: one-third to be proportionally allocated among affected local government; one-third to the _; and one-third to the _ for the funding of its operations and its programs in the TEZs, which shall include the protection, maintenance and enrichment of the environment, tangible cultural and historical heritage, and the intangible cultural heritage of communities within and surrounding the TEZs.
_
TIEZA
five percent (5%)
National Government
TIEZA
Gross income as used herein is defined under _, and further defined under relevant rules and regulations.
Section 27(A) of the NIRC
Subject to rules and regulations which properly define _ necessary for various kinds of tourism enterprises, registered enterprises shall be entitled to an exemption of _of all taxes and customs duties on importations of capital equipment.
Capital investments and equipment
one hundred percent (100%)
Importation of _ and the accompanying _ of new and expanding registered enterprises shall be exempt from customs duties and national taxes; Provided, That they are not manufactured domestically in sufficient quantity, of comparable quality and at reasonable prices, and that they are reasonably needed and will be used exclusively by an accredited tourism enterprise.
Transportation and Spare parts
Subject to rules and regulations which properly define _ necessary for various kinds of tourism enterprises, registered enterprises shall be entitled to the following: Importation of goods actually consumed in the course of services actually rendered by or through registered enterprises within a TEZ shall enjoy _exemption from all taxes and customs duties; Provided however, That no goods shall be imported for the purpose of operating a wholesale or retail establishment in competition with the DFPC; and A tax credit equivalent to all national internal revenue taxes paid on all locally-sourced goods and services directly or indirectly used by the registered enterprise for services actually rendered within the TEZ.
Goods and services
one hundred percent (100%)
A registered enterprise shall be entitled to a tax deduction equivalent to a reasonable percentage, not exceeding _of the cost of environmental protection or cultural heritage preservation activities, sustainable livelihood programs for local communities, and other similar activities.
Social Responsibility Incentive fifty percent (50%),
Non-fiscal Incentives Available to TEZ Operators and Registered Tourism Enterprises:
Employment of Foreign Nationals Special Investor's Resident Visa Foreign currency Transaction Requisition of investment Lease and ownership of land
The _ 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 large-scale 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.
TPB
TPB was created pursuant to this Act to formulate and implement an integrated domestic and international promotions and marketing program for the Department of Tourism. It is mandated to 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. TPB is previously the Philippine Conventions and Visitors Corporation (PCVC) which was created pursuant to Presidential Decree No. 867, as amended.
TPB
The TPB shall be governed and its powers exercised by a Board of Directors (“Tourism Board”), composed as follows:
The DOT Secretary, as Chairperson; The TPB Chief Operating Officer, as Vice Chairperson; The TIEZA Chief Operating Officer; The DFA Secretary; The DTI Secretary; The DOTC Secretary;
_ representative directors, to be appointed by the President, upon the recommendation of the Tourism Congress from a list of at least _ 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 _ years, which term may be extended for a period not exceeding _ years.
Five
(3)
three (3)
three (3)
_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 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.
COO
_ 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
The TPB
_ shall be open for membership to entities, groups and individuals with economic, social or cultural interest in travel trade, congresses and conventions.
The TPB
The Tourism Infrastructure and Enterprise Zone Authority (TIEZA) was created by virtue of _.
Sec. 63 of RA 9593
It shall be a body corporate which shall designate, regulate and supervise the TEZs established under this Act, as well as develop, manage and supervise tourism infrastructure projects in the country. It shall supervise and regulate the cultural, economic and environmentally sustainable development of TEZs toward the primary objective of encouraging investments therein. It shall ensure strict compliance of the TEZ operator with the approved development plan. Pursuant thereto, the TIEZA shall have the power to impose penalties for failure or refusal of the tourism enterprises to comply with the approved development plan, which shall also be considered a violation of the terms of accreditation. Such power shall further be defined under the implementing rules and regulations of this Act.
TIEZA
The TIEZA shall be governed and its powers exercised by a Board of Directors
BOD
TIEZA Board”), composed as follows: The DOT Secretary, as Chairperson;
The TIEZA Chief Operating Officer, as Vice Chairperson;
The TPB Chief Operating Officer;
The DPWH Secretary;
The DENR Secretary;
The DILG Secretary;
_ representative directors, to be appointed by the President, upon the recommendation of the Tourism Congress from a list of at least (_) nominees per group as enumerated in _ 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 __ years, which term may be extended for a period not exceeding _ years.
5 3 Section 67 3 3
DFPC was created pursuant to _ and reiterated in _, otherwise known as Tourism Act of 2009. It is the former Duty Free Philippines.
Duty-Free Philippines Corporation
Executive Order No. 46 in 1986 Republic Act No. 9593
It is a body corporate to operate the duty-and tax-free merchandising system in the Philippines to augment the service facilities for tourists and to generate foreign exchange and revenue for the government.
DFPC
IA was created pursuant to _ signed by former __ on __ and amended by _ on _. It is responsible for the orderly restoration and development of Intramuros as a monument to the Hispanic period in Philippine history. As such, it ensures that the general appearance of Intramuros shall conform to Philippine-Spanish architecture of the Sixteenth to the Nineteenth Century.
Intramuros Administration Presidential Decree 1616 President Ferdinand E. Marcos 10 April 1979 Presidential Decree 1748 10 December 1980
It is a government owned and controlled corporation created by virtue of _, signed by former President Ferdinand E. Marcos on _.
PRA
Executive Order No. 1037
04 July 1985
It is mandated to attract foreign nationals and former Filipino citizens to invest, reside and retire in the Philippines with the end-view of accelerating the socio-economic development of the country, contributing to the foreign currency reserve of the economy and by providing them the best quality of life in the most attractive package.
PRA
_, formerly known as the _ which was created by virtue of _ issued on _ by then Former President _, was strengthened by __.
PCSSD Philippine Commission on the Promotion and Development of Sports Scuba Diving Letter of Instruction No. 745 29 September 1978 Ferdinand E. Marcos Section 31 of Republic Act No. 9593
It is mandated to undertake measures to provide the standard basic dive rules to all levels or kinds of divers, regulate scuba sports and technical diving in the country and ensure the safety of the sport through the formulation of policies pursuant thereto, in coordination with the Office of Tourism Standards and Regulations, including the regulation of the accredited scuba sports and technical diving establishments.
PCCSD
It was created under _, as amended. It is a non-stock and non-profit public corporation whose purpose, among others, is to establish parks and recreation centers for the promotion of tourism in the Philippines
Nayong Pilipino Foundation
Presidential Decree No. 37 dated 06 November 1972
TIEZA
Tourism Infrastructure and Enterprise Zone Authority
TPB
Tourism
IMPLEMENTORS OF STATE POLICY AND OBJECTIVES ON TOURISM
(TPB), (TIEZA), (DFPC), (IA), (PRA) (PCSSD).
There are eighteen (18) objectives of the Philippine State in pursuing its policy on tourism. They are as follows:
Develop a national tourism action plan
Instill a sense of history and culture
Grant preferential treatment to the employment of Filipino nationals
Provide full government assistance
Tourism development protects and promotes the general well-being of the Filipino
Encourage competition in the tourism industry
Measure the economic and social impact of tourism in the country
Right of the people to a balanced and healthful technology
Develop responsible tourism
Encourage the participation of NGOs and POs
Progressive development of existing civil aviation, land and sea transportation policies
Convention handling capability of the country (To make Philippines as a World-class convention center)
Balance in tourism development between urban and rural areas
Capability building of LGU
International standards of excellence in all tourism facilities and services
International business relations for the support of tourism projects of the private sector
Establishment of TEZs
Sustainable funding mechanism
To realize the aforementioned policy on tourism, the Philippine State sought to:
Sec. 1 RA 9593
Sec. 113, supra
What is the policy of the Philippine State on tourism?
The _ has declared in Republic Act No. 9593 that _ is an indispensable element of the national economy and an industry of national interest and importance, which must be harnessed as an engine of socio-economic growth and cultural affirmation to generate investment, foreign exchange and employment, and to continue to mold an enhanced sense of national pride for all Filipinos.
Philippine State
tourism
This Act took effect _ after its publication in the Official Gazette or in at least _newspapers of national circulation. It was published in the _, the official publication of the Republic of the Philippines on _
thirty (30) days
two (2)
Official Gazette
12 May 2009.
The short title is “_”
The Tourism Act of 2009.
The title of Republic Act No. 9593 is “_”
An Act Declaring a National Policy for Tourism as an Engine of Investment, Employment, Growth and National Development, and Strengthening the Department of Tourism and its Attached Agencies to Effectively and Efficiently Implement that Policy, and Appropriating Funds Therefor.”
It was a consolidation of Senate Bill No. _ and House Bill No. __ which was finally passed by the Senate under the presidency of _ and the House of Representatives led by _on _ and _, respectively. _ signed into law the said bill on tourism on _.
2213 5229 Senator Juan Ponce Enrile Speaker Prospero C. Nograles 05 March 2009 04 March 2009 President Gloria Macapagal-Arroyo 12 March 2009
It is the basic law on tourism in the Philippines.
Republic Act No. 9593
Philippine State Policy on Tourism
Development of Philippine tourism
Sustainable tourism development
Tourism that is ecologically ustainable, responsible, participative, culturally sensitive, economically viable, and ethically and socially equitable for local communities
Favorable image of the Philippines within the international community
Prime tourist hub in Asia, as well as a center of world congresses and conventions
Private sector participation and agri-tourism
Fiscal Incentives available to TEZ Operators and Registered Enterprises,
Income tax Holiday Gross Income Taxation Capital Investment and Equipment Transportation and Spare parts Goods and Services Social Responsibility Incentive
A registered enterprise may employ foreign nationals in executive, supervisory, technical or advisory positions for such reasonable periods and under such terms as may be provided by the TIEZA BOARD, with due regard for the proper protection and representation of foreign investments in registered enterprises and the need to ensure easy travel into and out of the Philippines by
Employment of Foreign Nationals
Under such terms as may be provided by the TIEZA Board, a foreign national who shall have made an investment with a value of at least _in a registered enterprise shall be entitled to a _ With such Visa, the foreign national shall be entitled to reside in the Philippines while his or her investment subsists. Subject to regulations to be issued by the _ the TIEZA shall issue working visas renewable every _ to foreign personnel and other aliens, possessing highly-technical skills which no Filipino within the TEZ possesses, after they have secured _from the DOLE. The names of aliens granted permanent resident status and working visas by the TIEZA shall be reported to the BID within thirty (30) days after issuance thereof.
Special Investor’s Resident Visa Two Hundred Thousand Dollars (USD 200,000) two (2) years Bureau of Immigration and Deportation, Alien Employment Permits (AEP)
Subject to the provisions of Section _ of Republic Act No. _, as amended, otherwise known as the New Central Bank Act:
Repatriation of Investments.
Remittance of Foreign Exchange.
Foreign Loans and Contracts. .
72
7653
Foreign Currency Transactions
In the case of foreign investments, the right to repatriate the entire proceeds of the liquidation of the investment in the currency in which the investment was originally made and at theexchange rate prevailing at the time of repatriation.
Repatriation of Investments
The right to remit earnings from a foreign investment in the currency in which the investment was originally made and at the exchange rate prevailing at the time of remittance.
Remittance of Foreign exchange
The right to remit at the exchange rate prevailing at the time of remittance such sums as may be necessary to meet the payments of interest and principal on foreign loans and foreign obligations arising from technological assistance contracts.
Foreign loans and contracts
There shall be no requisition of the property of registered enterprises, except in the event of war or national emergency, and only for the duration thereof. In any case, the affected person shall be entitled to just compensation, and shall have the right to repatriate such compensation as provided under the law.
Requisition of Investment
Without prejudice to existing laws regulating the ownership of land by individuals and corporations, and consistent with the provisions of _, otherwise known as the _lands and buildings in each TEZ may be leased to foreign investors for a period not exceeding _ years, renewable once for a period of not more than _ The leasehold right acquired under long-term contracts may be sold, transferred or assigned, subject to the conditions set forth under the Investor’s Lease Act.
Lease and Ownership of Land Republic Act No. 7652 Investor’s Lease Act, 50 years Investor’s Lease Act,
The DOT, in coordination with the Department of Environment and Natural Resources (DENR), shall identify areas covered by the National Integrated Protected Areas System with ecotourism potentials and cultural heritage value, and prepare policies, plans and programs for their development, preservation, operation or conversion into TEZs.
National Integrated Protected Areas System and the National Ecotourism Policy
The DOT, in accordance with the _ and local government initiatives, shall coordinate with the _ and the _ in the establishment of a tourism infrastructure program in the respective work programs of said agencies, identifying therein vital access roads, airports, seaports and other infrastructure requirement in identified tourism areas. The said agencies and the DBM shall accord priority status to the funding of this tourism infrastructure program.
Department of Public Works and Highways
National Tourism Development Plan
Department of Transportation and Communications
In view of the urgent need to develop a national strategy for tourism development while giving due regard to the principle of local autonomy, the DOT, the _) shall integrate and coordinate local and national plans for tourism development.
DILG (Department of Interior and Local Government) and LGUs (Local Government Units
_ may provide financial and technical assistance, training and other capacity-building measures to LGUs for the preparation, implementation and monitoring of their tourism development plans, gathering of statistical data, and enforcement of tourism laws and regulations, giving due priority to areas that have been identified as strategic in the implementation of the national tourism development plan. LGUs shall ensure the implementation of such plans. The _ shall prioritize promotion and development assistance for LGUs which successfully adopt and implement their tourism development plans.
The DOT
Department, the TPB and the TIEZA
Powers and Functions of TPB
Organize the TPB in a manner most efficient and economical for the conduct of businesses
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
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,
Contract loans, indebtedness and credit,
Execute any deed of guarantee, mortgage, pledge, trust or assignment of any property
Receive donations, grants, bequests and assistance of all kinds from local and foreign governments
Extend loans through government banks and financial institutions,
Obtain the services of local and foreign consultants,
Perform all other powers and functions of a corporation.
Powers and Functions of TIEZA
Organize the TIEZA in a manner most efficient and economical for the conduct of its business
Develop policies, plans and programs in coordination with the Department for the development and operation of TEZs
Enter into, make, perform and carry out contracts of every class, kind and description
Contract loans, indebtedness and credit,
Execute any deed of guarantee, mortgage, pledge, trust or assignment of any property
Construct, own or lease, operate and maintain infrastructure facilities
Undertake, or authorize the undertaking of, reclamation projects within TEZs.
Preserve, restore or reconstruct all national cultural treasures and shrines located within TEZs,
Receive donations, grants, bequests and assistance of all kinds from local and foreign governments and private sectors and utilize the same.
Exercise eminent domain and police power,
Coordinate with LGUs and other government agencies for the provision of basic services,
Review and approve proposals for the designation of TEZs based on the criteria provided herein,
Regulate and supervise the operations of TEZ Operators,
Register, monitor and regulate enterprises
Exercise the general powers of a corporation.
