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PRESIDENTIAL DECREE NO. 1463
PRESIDENTIAL DECREE NO. 1463
- REVISING PRESIDENTIAL DECREE NO. 189, DATED MAY 11, 1973, AS AMENDED,
CREATING THE DEPARTMENT OF TOURISM
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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 entirely as follows:cralaw:red
Section 1. Short Title. — This Decree shall be known
as the Revised Charter of the Department of Tourism.
Section 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. —
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. — The Department
shall have the following powers and functions:cralaw:red
a. Administer, coordinate and supervise all
activities of the government which concern tourism; chanroblesvirtualawlibrary
b. 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;chanroblesvirtualawlibrary
c. 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;chanroblesvirtualawlibrary
d. Represent the Government in all such conferences
and meetings concerning tourism and travel, and discharge such
responsibilities of Government as may arise from treaties, agreements,
and other commitments on tourism and travel to which it is a signatory;chanroblesvirtualawlibrary
e. License, classify, regulate and/or supervise the
operation or 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-hotel, (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, school and
training centers offering tourism-related courses, and such other
tourism-oriented business/establishments/facilities/services as may be
determined by the department;chanroblesvirtualawlibrary
f. Formulate suitable standard 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; chanroblesvirtualawlibrary
g. Prescribe and enforce compliance with such
circulars, rules and regulations as may be necessary to implement the
provisions and intent of this Decree;chanroblesvirtualawlibrary
h. Conduct investigation, hearing and injury 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 its to implement and enforce the objectives and intent
thereof; chanroblesvirtualawlibrary
i. 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 ofd in the proper administration
and enforcement of this Decree and of any circular, rule and regulation
issued by the department; chanroblesvirtualawlibrary
j. 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 department;chanroblesvirtualawlibrary
k. Issue summons, subpoena and subpoena duces tecum
to compel the attendance of witness and the production of book, 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;chanroblesvirtualawlibrary
l. Punish for contempt of the department, both direct
and indirect, by way of imposing fines;chanroblesvirtualawlibrary
m. Enlist thed, 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;chanroblesvirtualawlibrary
n. Perform such other functions as may be provided by
law.
Section 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 officers 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. — 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 the Undersecretary.
Section 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 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. — The
Secretary shall have the following functions: chanroblesvirtualawlibrary
a. Establish the internal organization of the
departments, its bureau and office to achieve its functions and
objectives;chanroblesvirtualawlibrary
b. Advise the President in the promulgation of
executive orders, regulations, and decrees relative to matters falling
under the jurisdiction of the department;chanroblesvirtualawlibrary
c. Establish the policies and standards for the
operation of the department pursuant to the President's programs of
government;chanroblesvirtualawlibrary
d. Promulgate rules and regulations necessary to
carry out the department objectives, policies and functions;chanroblesvirtualawlibrary
e. Exercise supervision and control over all bureaus
and offices under the department;chanroblesvirtualawlibrary
f. Delegate authority for the performance of any
functions to officers and employees under his direction;
and chanroblesvirtualawlibrary
g. Perform such other functions as may be provided by
law.
Section 9. Functions of the Undersecretary of
Tourism. — The Undersecretary shall have the following functions:cralaw:red
a. Advise and assist the Secretary in the planning,
supervision and coordination of all technical, administrative,
financial and management, and related functions of the department;chanroblesvirtualawlibrary
b. Determine the administrative needs and
requirements of all bureaus and offices under the department;chanroblesvirtualawlibrary
c. Advise and assist the Secretary in the formulation
and implementation of department objectives and policies in all matters
relating to his area of responsibility;chanroblesvirtualawlibrary
d. 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;chanroblesvirtualawlibrary
e. 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 chanroblesvirtualawlibrary
f. Perform such other functions and discharge such
other powers as may be provided by law or delegated by the Secretary
pursuant to a Department Orders.
Section 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. — 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. — 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. chanroblesvirtualawlibrary
Section 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. — 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. — The Financial and Management Service shall provide the
department with staff advice and assistance on budgetary, financing and
management improvement matters; and shall perform such other functions
as may be assigned/delegated to it by the Secretary.
Section 16. Function 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 work; and shall perform
such other functions as may be assigned/delegated to it by the
Secretary. chanroblesvirtualawlibrary
Section 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. — The following
agencies are hereby attached to the department for purposes of policy
coordination and integration of programs:cralaw:red
1. The Civil Aeronautics Boards, which shall continue
to be governed by laws pertinent to its functions and powers when not
inconsistent with the provisions of this Decree.
2. The Philippine Tourism Authority, which shall
continue to be governed by the provisions of existing laws. chanroblesvirtualawlibrary
3. The Philippine Convention Bureau, which shall
continue to be governed by the provisions of existing laws when not
inconsistent with the provisions of this Decree.
Section 19. Penalties. —
a. 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 of 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. chanroblesvirtualawlibrary
b. 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 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 if 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.
c. Penalty imposed upon Officers of Juridical
Persons. — If the offender is a corporation, partnership, firm or
association, the penalty shall be imposed 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. chanroblesvirtualawlibrary
Section 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. — 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. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 11th day June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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