[ OTS, December 19, 1987 ]
RULES AND REGULATIONS TO GOVERN THE BUSINESS OF TOUR GUIDES
SECTION 1. Definition of Terms - For purposes of these Rules; the following shall mean:
1. "Tour Guide" shall mean an individual who is licensed by the Department of Tourism to guide tourist, both foreign and domestic, for a fee, commission, or any other form of lawful remuneration.
2. "License" shall mean the privilege or authority to engage in tour guiding.
3. "Department" shall mean the Department of Tourism.
SECTION 2. Who May Apply - Only Filipino citizens may qualify as tour guides; Provided, that aliens with permanent resident status may be granted a license if Filipino tour guides are allowed to guide in said alien s country.
SECTION 3. Requirements for Issuance of License - An applicant for a license as tour guide shall submit the following:
1.Proof that the applicant has passed a seminar for tour guides duly conducted by the Department or other agencies duly authorized by the Department to conduct seminar; Provided, However, that this requirement may be waived by the Department where the applicant possesses special academic or professional qualifications relevant to tourism;
2. Certificate of good health issued by any duly accredited government physician;
3. Clearance from the National Bureau of Investigation;
4. In the case of alien applicants exempted pursuant to Section 2 hereof, proof of employment with a duly licensed agency, permit to work or registration certificate from the Department of Labor and Employment, appropriate visa from the Commission on Immigration and Deportation, and proof of reciprocity which shall consist of a certificate by the proper official of the home state of the applicant to the effect that the law of such state allows or permits reciprocal rights to Filipino citizens to engage in tour guiding. Home state refers to the country or individual state within a federal country of which applicant is a citizen or national. Such certification must be authenticated in accordance with Act. No. 2103; and
5. Latest Income Tax Return.
SECTION 4. Issuance of License - Upon compliance with all the requirements of the preceding section, the license shall be issued upon payment of the license fee of Seventy Five Pesos (P75.00) per year.
SECTION 5. Validity of License - The license of the tour guide shall be valid until 31 December of the next 2 succeeding years; Provided; That licensed tour guides shall submit copies of their latest income tax returns on an annual basis.
SECTION 6. Renewal of License - Application for renewal of license shall be made between 15 December to 15 January every two (2) years. An applicant for renewal of license as tour guides shall submit the same requirements under Section 3 hereof except the Affidavit of Proof of having passed a Seminar for Tour Guides and the Proof of Reciprocity; Provided, however, that such an affidavit shall be a requirement if applicant has been inactive or has not exercised his tour guide profession for more than two (2) years.
SECTION 7. Penalty for Failure to Renew License on Time - A surcharge of one hundred percent (100%) of the regular license fee shall be imposed on a tour guide for failure to renew his license within the period prescribed by these rules.
SECTION 8. Wearing of Identification Card - A Tour Guide shall wear, while performing his duties, his Identification Card issued by the Department upon the grant of his license at the cost of Twenty (P20.00) Pesos.
SECTION 9. Grounds for Cancellation of License - The following shall be sufficient grounds for the Cancellation of the license of a Tour Guide:
1. Conviction of a crime involving moral turpitude; and
2. Conviction more than once of any of the acts enumerated in the immediate succeeding section.
SECTION 10. Grounds for Suspension of License - The following shall be sufficient grounds for the suspension of the license of a Tour Guide:
1. Any overt act of dishonesty, misrepresentation or misconduct committed against a member of his/her tour group or against her employer or co-employee;
2. Forced tipping or contributions from tourists;
3. Failure to comply with the requirement of the compulsory wearing of the ID as provided for in Section 8 hereof; and
4. Violation of any of the provisions of these Rules, circulars and order of the Department.
SECTION 11. Prohibition - No individual shall engage in the business of tour guiding as defined under Section 1 hereof without first being licensed by the Department. Any person violating or causing another to violate this provision 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 pursuant to Presidential Decree No. 1463.
SECTION 12. Procedure Governing Complaints and Hearing Before the Department - The Department shall exercise quasi-judicial powers in the resolution of cases filed against tour guides in accordance with its rules and procedures governing complaints.
SECTION 13. Confidential Character of Certain Data - Information and documents received by or filed with the Department pursuant to the requirements of these Rules shall be treated as confidential and shall not be divulged to any private party without the consent of the party concerned or upon the order of the Secretary of Tourism. Any official or employee of the Department, including those that are temporarily detailed with the Department, who shall violate the provisions of this section shall be guilty of an offense under applicable laws and rules.
SECTION 14. Means to Carry into Effect the Purpose, Intent to these Rules - If the procedure to be followed in a given situation is not specifically provided for by these rules and regulations, any suitable procedure or mode of proceeding which appears conformable to the purposes, intent and spirit of these rules shall be adopted.
SECTION 15. Enlistment of Aid, Assistance and Support of Other Government Agencies - In the implementation of the provisions of these Rules and enforcement of orders or decisions, the Department may enlist the aid, assistance and support of any and all government agencies, whether civil or military.
SECTION 16. Code of Ethics and/or Conduct - The Code of Ethics and/or Conduct promulgated and/or accredited by the different tour guide/travel trade associations recognized by the Department shall be adopted and shall form part of these Rules; Provided, That in case of conflict between any provision of these Rules and said Code of Ethics, the former shall prevail.
SECTION 17. Administrative Penalties - Without prejudice to the application of penal sanctions provided under Presidential Decree No. 1463, the Department may impose an administrative fine of not less than One Thousand Pesos (P1,000.00) nor more than Ten Thousand Pesos (P10,000.00) against any person who shall violate or cause another to violate any provision of these Rules or circulars, or suspend or revoke the license of any such person subject to Department s regulatory jurisdiction.
SECTION 18. Separability Clause - The provisions of these Rules are hereby declared separable, and in the event that anyone or more of such provisions are declared invalid, the validity of all other provisions shall not be effected thereby.
SECTION 19. Repeal - All existing circulars issued by the defunct Board of Travel and Tourist Industry or previously issued by the Department on the Business of Tour Guiding which are inconsistent with these Rules and Regulations are hereby repealed and superceded accordingly.
SECTION 20. Effectivity - These Rules and Regulations shall take effect fifteen (15) days after publication in the Official Gazette or in a national newspaper of general circulation in the Philippines.
Adopted: 15 Dec. 1987
Re-Issued: 9 Jan. 1991
| (SGD.) JOSE ANTONIO U. GONZALEZ |
| Secretary |