[ PCSSD, January 28, 2009 ]
RULES AND REGULATIONS GOVERNING THE BUSINESS OF SPORT SCUBA DIVING IN THE PHILIPPINES
Chapter I
Definition/Coverage
Section 1. Definition - For the purpose of these Rules, the following shall mean:
a. License - The privilege or authority granted and issued by the Philippine Commission on Sports Scuba Diving to own, operate, maintain a scuba diving establishment upon compliance with the required minimum standards set by the Commission.
b. Commission or PCSSD - The Philippine Commission for the Development and Promotion of Sports Scuba Diving.
c. Sports Scuba Diving Establishment - Any business establishment engaged in the conduct of sports scuba diving activities in the Philippines whether or not for a fee.
d. Department or DOT - Department of Tourism.
e. MARINA - Maritime Industry Authority.
f. Scuba Diving Tour Operator - An establishment that is duly licensed by the PCSSD to conduct sports scuba diving activities and promotes, sells, or market sports scuba diving tours.
g. Dive Boat Operator - For establishment or person that operates a sail or motor boat duly licensed by appropriate government agencies to service scuba divers.
h. Dive Resort - Any motor-run or sail operated boat or dive banca with or without live-aboard facilities that are offered to the public/tourists (domestic or foreign) for a fee.
i. Dive Resort - An establishment that is duly accredited by the DOT and PCSSD that offers food, accommodation and scuba diving facilities to the public for a fee.
j. Professional Dive Center - An establishment engaged in any or all of the following activities:
1) Selling scuba diving-related equipment
2) Renting out scuba diving-related equipment
3) Providing air fill service
4) Servicing and repair of scuba diving-related equipment
5) Conducting scuba diving courses or underwater toursk. Dive Facility - An establishment engaged in any or all of the following activities:
1) Selling scuba diving related equipment
2) Renting out scuba diving related equipment
3) Providing air fill service
4) Conduct scuba diving courses or underwater toursl. Sports Scuba Diving Professional - A diver with a rank of instructor, assistant instructor, or divemaster as certified by an international or nationally recognized certifying agency who conducts sports scuba diving activities in the Philippines whether or not for a fee.
m. Dive Guide - A current active certified diver to the stated rating of a national and or International training agency or its equivalent who is engaged in sports scuba diving with 50 to 100 dives and is familiar with the area.
Chapter II
Application and Issuance of License
Section 1. Mandatory Licensing - No person, natural or juridical, shall operate or manage a scuba diving establishment without first being licensed by the Philippine Commission on Sports Scuba Diving.
Section 2. Who May Apply
a. Any dive professional desiring to give lessons, assist in the training, or conduct activities related to sports scuba diving in the Philippines whether or not for a fee.
b. Any establishment organized under Philippine laws and duly registered with appropriate government agency/s engaged in sports scuba diving activities whether or not for a fee.
Section 3. Branch or Extension Office - No branch or extension office of scuba diving establishments may be operated unless said branch or extension office shall have been licensed by the commission.
Section 4. Requirements for Licensing
A. Dive Boat Operator
1. License/permit from appropriate government agencies to engage in such activities as diving, fishing, boat charter, cruising, or similar activities;
2. Certificate of ownership of vessel;
3. Incorporation papers and By-Laws for vessels owned by a juridical entity;
4. List of managerial and rank and file employees with their respective position, citizenship, and home address;
5. Complete listing of equipment with color photographs;
6. List of safety equipment and personnel and a certificate from the owner that it or he or she owns such equipment and has trained personnel to operate at the same time.
7. Current third party liability accident insurance;
In addition to the above equipment and personnel, a dive boat with accommodation facilities shall have the following:
1. Bunk bends (minimum size 27 x 75 ) with 2 thick mattress and a pillow in a sheltered area of the boat that is properly ventilated;
2. A dining area with a seating capacity of not less than fifty percent (50%) of the boat s rated passenger capacity;
3. At least one (1) toilet and shower room for every six (6) passengers. Toilet and shower room may be separated or combined;
4. The capacity to hold enough fresh drinking water for the passengers and crew computed at a minimum of forty (40) liters per person, per tour day; and
5. At least two (2) service boats.
B. Professional Dive Center
1. Pertinent registration certificate (SEC Registration Certificate and/or Business Name Registration Certificate), permits from concerned local government unit (LGU) and other appropriate government agencies;
2. List of managerial and rank and file employees with their respective position, citizenship, and home address;
3. Current and valid third party liability accident insurance;
C. Dive Facility
1. Pertinent registration certificate (SEC Registration Certificate and/or Business Name Registration Certificate), permits from the concerned LGU and other appropriate government agencies;
2. List of managerial and rank and file employees with their respective position, citizenship, and home address;
3. Current third party liability accident insurance.
D. Sports Scuba Diving Professionals
1. Certified true copy of a national or internationally recognized current and valid status card or certification;
2. A sworn affidavit that he/she will adhere to the safety and ethical standards of his/ her certifying agency or a copy of the contractual agreement with his/her contractual agency;
3. For foreign nationals, a valid and appropriate visa from the Bureau on Immigration and Deportation for a minimum period of 3 months;
4. Current employment permit from the Department of Labor and Employment (DOLE);
5. Current and valid third party liability accident insurance;
6. Certificate of employment for foreign national employed by a Dive Establishment, who conducts sports and scuba diving activities whether or not for a fee.
Section 5. Accreditation - Resorts which provide board and lodging to scuba divers and establishments engaged in the promotion of scuba diving tours duly accredited by DOT, may be accredited by the Commission as Dive resorts and Scuba Diving Tour Operators respectively upon submission of the license to operate from the appropriate LGU and accreditation certificate from the Department of Tourism. There shall be no accreditation fee. However, they shall pay the required processing fee and the cost of the accreditation sticker.
Section 6. Inspection of the Applicant Establishment - An inspection of the facilities, equipment and premises of the applicant establishment shall be conducted by the Commission to be composed of a team from NAVSOG and PCSSD for the purpose of determining whether it meets the minimum standards set by the Commission within a reasonable period after submission of the documentary requirements and upon payment of the required fees.
Section 7. Inspection Before Issuance of Permits by LGU - The inspection of the facilities, equipment and premises of the applicant establishment shall be conducted before any permit is issued by the concerned local government units to ensure compliance with operating and safety standards.
Section 8. Issuance of License - The establishment applicant shall be issued the License within fifteen (15) working days after inspection and submission of all documentary requirements and payment of all necessary fees. Licenses for individual applicants shall be issued 5 working days upon submission of all documentary requirements and payment of all necessary fees.
Section 9. License Fee - The following schedule of license fee shall be collected from the applicants that have complied with the requirements for registration and licensing with the Commission:
A. Sports Scuba Diving Establishments Annual License Fee
1. Dive Boat Operator P 5,000.00 2. Professional Dive Center 5,000.00 3. Dive Facility 5,000.00 4. Branch or Extension Office 1,500.00 B. Sports Scuba Diving Professionals Annual License Fee
1. Dive Instructor P1,000.00 2. Assistant Dive Instructor/Divemaster 750.00
The above license fee may be increased by the Commission to cover expenses incurred in adopting and applying new technology in the conduct of the inspection to ensure welfare and safety of sports scuba diving stakeholders and clients or enthusiasts.
Section 10. Validity of License - The license issued under these Rules and Regulations shall be valid for a period of one (1) year from the date of its issuance by the Commission.
Section 11. Display of Permits and Other Documents - The following must be displayed conspicuously by the licensee in his establishment:
a. Current and appropriate PCSSD license of the establishment
b. Permits from the LGU
c. List of diving professionals and technical staff employed or contracted by the establishment with their respective positions.
Section 12. License Cards - Dive Instructors/Assistant Dive Instructors, and Dive-masters, shall be issued License cards which they must carry whenever they engage in the activity for which they have been licensed by the Commission.
Section 13. Replacement of Loss of License Cards - A written notice of loss shall accompany a request for replacement of lost license card. Replacement shall be issued within one (1) month from the date of notice of loss. The applicant shall pay the appropriate replacement cost in accordance with existing guidelines of the Commission.
Section 14. Renewal of License - Application for the renewal of license shall be filed on or before its expiration. Late applicants shall be subjected to an administrative penalty equivalent to fifty percent (50%) of the scheduled fees.
Section 15. Documents Required for Application for Renewal of License - The application for renewal of license shall be signed by persons authorized to sign the application and shall be supported by the following documents:
A. Sports Scuba Diving Establishments
1. Certified true copy of the amended or revised SEC Registration Certificate, By-Laws, Articles of Incorporation, Partnership if applicable;
2. List and information sheets of additional personnel, if any, including any change in the organizational chart of the establishment;
3. Barangay or Police or NBI Clearance of the Manager;
4. Marketing and other statistical data that the Commission may require;
5. Valid and adequate accident liability insurance.
B. Sports Scuba Diving Professionals
1. Submission of marketing statistical data - number of students trained for the year, their respective nationality, gender, and similar relevant information;
2. Submit either an NBI or Barangay or Police Clearance;
3. Photocopy of Current Diver s Certification Card (C-Card);
4. Valid and adequate accident liability insurance.
Chapter III
Employment of Staff
Section 1. Qualification of the Manager - To qualify as Manager, an applicant shall:
a. Be a citizen and resident of the Philippines or foreign national with permanent resident status; and
b. In case the manager is a foreign national, a Filipino under study should be trained to take on the job.
Section 2. Employment of Staff - In the employment of other members of the staff of an establishment, the following conditions shall be complied with:
a. That the staff member is of good moral character and have not been convicted of any crime involving moral turpitude.
Chapter IV
Prohibited Acts
Section 1. Dive establishments and dive professionals shall prohibit the following acts:
a. Collection or destruction of corals;
b. Capture of or harm to endangered marine species;
c. Use of toxic chemicals in the course of diving;
d. Spearfishing using scuba;
e. Salvage of or transferring with any sunken artifacts without the necessary permit from proper authorities.
Chapter V
Imposition of Fine, Suspension, Cancellation and/or Non-Renewal of License
Section 1. Grounds for the Imposition of Fine, Suspension, Cancellation and/or Non-renewal of License - Any of the following acts of omissions shall be sufficient grounds for the imposition of fine, suspension or cancellation of the license depending on the circumstance and gravity of each given case:
a. Non-compliance with, or non-submission of, any of the requirements for the renewal of the license;
b. Violation of any of the provision of the Rules, circulars and orders of the Commission;
c. Fraudulent representation, written or oral, by the Chief Executive Officer/Manager of the establishment for the purpose of securing issuance of renewal of any license under these Guidelines;
d. Gross and evident bad faith in dealing with clients or fraudulent solicitation of business or similar schemes that works against the overall interest of the sports scuba industry as determined by the Commission;
e. Tolerance of gross misconduct, dishonesty or misrepresentation committed by any of the establishment s officer or employee against its clients to the detriment of sports scuba diving in the Philippines; or gross misrepresentation in its advertisement and promotion that downgrade sports scuba diving or is detrimental to marine conservation.
f. Employment or hiring of scuba diving instructors, assistant scuba diving instructors. And dive masters who are not holders of a license or permit issued by the Commission including working visa or work permit issued by appropriate government agencies in the case of non-Filipino employees, whether contractual or permanent.
g. Failure to pay fines as fees, dues, and contributions, imposed under existing laws;
h. Failure to obey or comply with the duly promulgated orders, decisions and ruling of the Commission;
i. Violation of any laws, administrative orders, circulars, directives, and rules and regulation either of the Commission or of any other government agency as found by the latter.
Chapter VI
General Provisions
Section 1. Insurance - It is mandatory for all dive establishments and dive professionals engaged in the conduct of sports scuba diving activities to be covered with valid adequate accident liability insurance. Evidence of coverage with an insurance company acceptable to the Commission must be presented.
Section 2. Advertisements - Broadcast or print advertisements must conform to the advertising ethical standards set by the domestic advertising industry association governing fraudulent representations.
Section 3. Rental, Loan, or Transfer of Controlled Scuba Diving Equipment
A. Sports scuba diving establishments and professionals are prohibited from selling, renting, lending or transferring any of the following controlled scuba diving equipment or their accessories unless a record is made of any such sale, lease, loan, or transfer indicating therein the name, address, and diver s certification card or other reputable proof of diver qualification of the vendee, rentee, or transferee:
1. Low pressure or high pressure air compressor
2. Diving regulator
3. Air cylinder
4. Buoyancy compensator
5. Diving instruments such as computers and gauges
B. Professional Dive Centers and Dive Facilities shall control and limit rentals of the following controlled equipment to one (1) set per certified diver, upon presentation of a C-card:
1. High pressure air compressor for breathing purposes
2. High pressure air cylinder for scuba diving purposes shall be limited to a maximum of two (2) sets
3. Diving regulator
4. Buoyancy compensator
5. Diving instruments such as computers and gaugesInstructors are exempted from the above mentioned limitations on the number of equipment to be rented.
Section 4. Conduct of Scuba Diving Courses
a. All scuba courses must be conducted by a licensed and certified instructor or by an assistant instructor with a current teaching status.
b. Complete record of each student must be kept on file for at least five (5) years.
Section 5. Airfill Station
a. Scuba cylinders, brought in for filling must have a hydrostatic test date of not more than five (5) years.
b. Customers bringing in tanks for filling must present proof of diving certification.
c. Professional Dive Centers/Facilities shall likewise keep records of all airfill. Each cylinder must have the serial number, hydrostatic test date recorded and filed by the airfill station as part of the air station compressor log.
d. All compressors must be carefully maintained and filters changed per operator s manual or manufacturer s specifications to prevent contamination of air in the cylinder. An accurate log book of the compressor s daily operations must be kept.
Section 6. Equipment and Repair Service
a. A complete record of all repair jobs done must be kept on file for at least five (5) years; and
b. A file on scuba cylinders not passing the hydrostatic test must be kept. The owners of these condemned cylinders must be informed of the cylinder s condition. Condemned cylinders cannot be filled.
Chapter VII
Rules and Procedures Governing Complaints and Hearing Before the Commission
Section 1. Form and Contents of Complaints - Every complaint filed with the Commission must be under oath or affirmation and shall included the names and addresses of the complainant and respondent, the date when the action arose, the grounds relied upon the relief sought under these Rules and Regulations, Provided that the Commission may take cognizance of the violation of any of the provisions of these Rules and regulations that may come to its knowledge even without filing of formal complaint.
Section 2. Complaint of Tourists or Transients - Where the complainant is a foreign tourist or transient who is about to leave the country, a simple statement duly signed by the complainant shall be sufficient in order for the PCSSD to take cognizance thereof and act on the same in the most efficient manner with due regard to the requirements of due process of law at all times.
Section 3. Number of Copies - An executed original and three copies of the complaint and other documents in support thereof shall be filed with the Commission. Where the complainant is a foreign tourist, Section 2 of this Chapter shall apply.
Section 4. Answer - Upon receipts of the complaint, the Commission shall furnish the respondent a copy thereof together with all its supporting annexes and shall require the respondent to file his answer thereto within seven (7) working days from receipt of such complaint together with the respondent s own evidence or supporting documents.
Section 5. Hearing and Investigation - The Executive Director shall act on the complaint and/or may request the assistance of an expert from within the Commission or the DOT to assist in the disposition of the case in accordance with these Guidelines and the applicable provision of rules and regulation promulgated by the Commission. In all cases, the hearing and investigation of a complaint shall be conducted as soon as practicable and the report or resolution thereof shall be issued or promulgated within fifteen (15) days from the time that the case has been submitted by the parties for resolution or decision.Section 6. Appearance of Counsel - Given the administrative nature of the proceedings in the Commission, a party may or not be represented or assisted by a counsel. The Commission encourages however that a party be as much as possible assisted and/or represented by his/her counsel or choice in the interest of due process.
Section 7. Testimony Taken Under Oath, Etc. - The testimony of all witnesses shall be made under oath or affirmation, and all proceedings shall be taken down recorded and transcribed by a duly appointed personnel of the Commission who shall avail of a tape recorder or any other modern device available for the purpose, so as to ensure the faithful recording and transcription of the proceedings of the case.
Section 8. Nature of Proceedings - The proceedings before the Commission shall be administrative, non-litigious and summary in nature. Nothing in these Rules and Regulations shall prevent the Commission from resorting to applicable rules in ordinary legal proceedings in the interest of rendering justice to a case.
Section 9. Preliminary Conference - In any action, the Executive Director and/or any person designated by the Commission to hear and investigate the complaint may direct the parties and their counsel before the actual hearing to appear before it for a conference to consider:
a. The possibility of an amicable settlement of private interest involved in the case;
b. The clarification of issues involved;
c. The possibility of obtaining admission or stipulation of facts; and
d. Such other matters as may aid in the just, speedy, and inexpensive disposition of the case.
The Executive Director or the designated hearing officer shall rule or make an order upon the action taken at the conference and such rule or order when entered shall serve as a guide in the subsequent course of action or hearing of the case unless further modified in the interest of justice.
Section 10. Amicable Settlement - Unless it shall be prejudicial to public interest or to third parties, the Executive Director or the designated hearing officer of the case may endeavor to effect an amicable settlement of the case at any stage of the proceedings, provided, it shall not be contrary to any law, rule or regulation nor against public policy. The amicable settlement shall be reduced in writing, duly signed by the parties and their counsel, whenever applicable, which shall be the basis of an order or resolution of the case by the Commission.
Section 11. Production of Relevant Documents - The Executive Director or the designated hearing officer shall have the authority to administer oath or affirmation and to receive evidence, provided however, that, production of relevant documents or evidence material in the resolution of the complaint may be compelled by the Executive Director or the hearing officer from a concerned party. Non-submission or compliance with the production or submission of said evidence or documents as required shall be required and the case shall be resolved in accordance with the available documents or evidence on record. Consideration of the documents or evidence submitted by a party pursuant to this provision shall not be bound by the technical rules on evidence, provided, however that the Executive Director or the designated hearing officer may adopt applicable laws and the rules of court in suppletory character in the interest of the speedy and proper resolution of the case.
Section 12. Resolution/Decision - The Executive Director shall resolve or decide the case within fifteen (15) days from the submission thereof by the parties for resolution/decision. Resolution or decision shall be promulgated by the Executive Director. Whenever a case is heard and investigated by a designated hearing officer, he/she shall submit his/her report of hearing and investigation together with copies of the transcribed proceedings and all pertinent documents of the case to the Executive Director within seven (7) days from submission of the case for resolution/decision by the parties and the Executive Director shall, upon consideration of the entire documents of the case, shall promulgate the resolution or decision of the case within seven (7) days from the transmittal of the case by the hearing officer.
Section 13. Motion for Reconsideration - The party adversely affected by any resolution or decision may file a motion for reconsideration within fifteen (15) days from receipt of the resolution or decision, which motion for reconsideration shall be based solely on any of the following grounds:
a. Newly discovered evidence which materially affects the resolution or decision rendered; and
b. Errors of law or irregularities prejudicial to the substantial rights and interest of the party adversely affected have been committed.
The Motion for Reconsideration shall be resolved by the Executive Director within ten (10) days from receipt thereof.
Section 14. Appeal - The resolution or decision rendered by the Executive Director including the resolution in a motion for reconsideration may be appealed by an adverse party to the Commission within seven (7) days from receipt thereof. The Commission shall resolve said appeal within ten (10) days from receipt thereof which resolution shall be concerned as final in so far as the case before the Commission is concerned and in the event of imposition of an administrative penalty, the same shall be applied and satisfied against the adverse party in accordance with the tenor of the decision and these rules and regulations, without prejudice however on the part of the adverse party to resort to subsequent appeals before higher authorities or tribunals pursuant to existing laws.
Section 15. Applicable Periods - The period to file answer and other responsive pleadings shall be seven (7) days from receipt of the order by the concerned party. Failure to comply with said period, without justifiable written excuse favorable considered by the Executive Director or of the designated hearing officer of the case, shall be deemed a waiver on the part of the party. Action of the Executive Director or the designated hearing officer on the written excuse shall be final and non-appealable.
Section 16. Continuous Hearing of the Case - Hearings and investigation of a case shall be conducted continuously within the period set by the Executive Director or the designated hearing officer. Failure by a party to attend a scheduled hearing despite notice shall be deemed a waiver on its part to be present and to present evidence in its favor and the hearing shall proceed ex parte.
Section 17. Special Board of Inquiry - The Commission shall create a Special Board of Inquiry to be chaired by one Commissioner with four (4) members to be designated by the Commission representing the following disciplines:
a. Technical;
b. Medical;
c. Legal; and
d. Representing the Dive Community.
The Special Board of Inquiry shall be tasked with the following functions:
a. Conduct fact-findings investigation on cases of accidents involving a diver or a scuba diving establishment;
b. Submit its findings through a written report to the Commission;
c. Provide the Commission with complete information on facts gathered in a particular investigation and render technical advice to the Commission on how similar situation may be addressed or avoided in the interest of safety of the divers and for the purpose of upgrading existing policies and rules and regulations of the Commission.
The Special Board of Inquiry, in the conduct of its investigation, may require the appearance of witnesses to provide material information which testimony shall be recorded by the Board.
Section 18. Reporting the Accident to the Commission - Diving accidents that warrant professional medical attention should be reported in writing within 48 hours by the dive leader and the dive establishment to the Commission containing all pertinent data about that particular dive(s); likewise, the involved dive leader and the scuba diving establishment shall make available to the Commission the victims scuba diving equipment.
Section 19. Preliminary Hearing - The Executive Director of the Commission shall immediately, within one week after the receipt of the report, activate the Special Board of Inquiry that shall immediately conduct a preliminary hearing of the incident.
Chapter VIII
Other Promotional and Conservation Activities
Section 1. Purpose - The Commission shall also undertake activities intended to promote and develop recreational diving among local and foreign tourists, as well as the formulation and implementation of programs on marine conservation in the Philippines.
Section 2. Types of Activities - The types of other activities which the Commission is mandated to undertake are:
a. Promote scuba diving and skin diving among local and foreign enthusiast;
b. Discover and open for development potential scuba diving sites in the country;
c. Develop scuba diving sites by encouraging and providing incentives in accordance with applicable laws to private sector investors to ensure that proper facilities are built and made available to the industry;
d. Plan and/or draft plans for the future development of the sport of scuba diving in the Philippines;
e. Educate the general public on the benefits of scuba diving;
f. Issue guidelines for the conduct of sports scuba diving activities;
g. Coordinate with local government units and national government agencies to pursue interest in the sport;
h. Accredit qualified stakeholders that will be allowed to participate in various promotions aspect of the sport and collect reasonable fees for the purpose;
i. Regulate the activity to ensure that it is conducted in a safe and responsible manner;
j. Undertake environmental protection and conservation efforts to preserve the natural beauty of the various dives sites;
k. Propose legislation that will benefit scuba diving;
l. Perform other related activities in consonance with the mandate of the Commission.
Chapter IX
Miscellaneous Provisions
Section 1. Administrative Penalties - The Commission through its resolution or decision promulgated by the Executive Director may impose any of the administrative penalties provided for under these Rules and Regulations against any person, natural or juridical, found liable for violating the same.
Section 2. Confidential Character of Data - All information and documents received by or filed with the Commission in pursuance of the requirements of these Rules and Regulations shall be treated as confidential and shall not be disclosed to any private party without the consent of the party who submitted said information or upon order of the court. Any official or employee of the Commission who shall violate the provision of this Section shall be guilty of an offense under applicable laws and rules and regulations of the Commission.
Section 3. Means to Carry into Effect the Purpose, Intent and Spirit of These Rules - If the procedure to be followed in a given situation is not specifically provided for under these Rules and Regulations, any suitable procedure or mode of proceedings which appears conformable to the purpose, intent, and spirit hereof may be adopted by the Commission in the interest of the promotion and development of sports scuba diving.
Section 4. Enlistment of Aid, Assistance, and Support of Other Government Agencies - In the implementation of the provisions of these Rules and Regulations, Circulars and enforcement of resolutions and decisions of the Commission or any person acting under it, the Commission may enlist the aid assistance, and support of any concerned government agency to effect the same.
Section 5. Separability Clause - The provisions of these Rules are separable and in the event that any one or more provisions are declared invalid by any competent authority, the validity of other provisions hereof shall not be affected thereby.
Section 6. Repealing Clause - All existing Rules and Regulations, Circulars, Administrative Orders which are inconsistent with the provisions hereof are hereby repealed or amended accordingly.
Chapter X
Effectivity
These Rules and Regulations shall take effect thirty (30) days after its publication in the Official Gazette or any newspaper of general circulation.
Adopted: 28 Jan. 2009
(SGD.) SEC. JOSEPH ACE H. DURANO
Department of Tourism