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Pursuant to the Provisions of Executive Order No. 120 Dated January 30, 1987, the Following Rules and Regulations are Hereby Promulgated to Govern the Accreditation of Calesas Providing Transport Services to Tourists.

CHAPTER I
Definition of Terms

SECTION 1.       Definition of Terms — When used in these Rules, unless the context otherwise indicates, the following terms shall mean as follows:

a.         “Calesa” is a horse-drawn carriage engaged in providing transport services, including sightseeing, to foreign or local tourists for a fee or any form of lawful compensation.

b.         “Department or “DOT” is the Department of Tourism.

c.         “Accreditation” is the certification issued by the Department officially recognizing the holder as having complied with the minimum standards and requirements prescribed by the Department for the operation and maintenance of a calesa.

CHAPTER II
Minimum Requirements for Accreditation of Calesas

SECTION 1.       Minimum Requirements — For purposes of accreditation, the following are the minimum requirements for the operation and maintenance of a calesa:

a.         Physical appearance of the carriage:

— The carriage shall be made of good quality materials and shall be of excellent workmanship.

— It shall be neatly painted with a color/numeral markings duly prescribed/assigned by the Department.

— It shall have a non-skid stepping board.

— It shall be clean, well-maintained and provided with comfortable seats.

b.         Horse — The horse shall be in good physical condition.

c.         Roadworthiness — The calesa shall be fit for operation on all public thoroughfares.

d.         Seating capacity — The calesa shall have a maximum load of two (2) passengers.

e.         First-Aid Kit — The calesa shall have a first-aid kit.

f.          Horse Waste Receptacle — Every calesa shall have a horse waste receptacle at the rear end of the horse below the tail.

g.         Calesa Driver — The driver shall be trained, well-groomed, courteous and shall wear the prescribed uniform and DOT ID at all times during actual operating hours and shall provide service that is safe, comfortable and convenient as possible. Moreover, they shall look after the welfare of their respective horses.

h.         Routes —

— The calesa shall serve routes which are considered tourist zone/belt areas and shall not disrupt the normal flow of traffic.

— The service shall be limited to the boundary of the city or municipality issuing the pertinent mayor’s permit or municipal license.

i.          Fares — The calesa driver shall charge only such fares for his services as may be approved or fixed by any competent government agency.

CHAPTER III
Application for Accreditation

SECTION 1.       Who May Apply — A resident Filipino citizen who is at least eighteen (18) years of age, physically and mentally fit and of good moral character may apply for accreditation.

SECTION 2.       Documents Required to Support Application for Accreditation to Operate a Calesa Providing Transport Services to Tourists — The application for accreditation shall be accompanied by the following documents:

a.      Appropriate mayor’s permit and/or municipal license:

b.      Proof that the driver has passed a seminar for calesa driver conducted by the Department or any organization duly authorized by the Department;

c.       Police clearance and/or barangay clearance;

d.      Certificate of good health issued by a duly licensed physician and veterinarian for the calesa driver and horse, respectively; and

e.      Other documents that the Department may require from time to time.

CHAPTER IV
Issuance of Accreditation

SECTION 1.       Issuance of Certificate of Accreditation and Department Sticker — If the applicant has satisfactorily complied with the minimum standards and the prescribed documentary requirements. the department shall then issue the certificate of accreditation and Department Order.

SECTION 2.       Validity of Certificate of Accreditation and Department Sticker — The certificate of accreditation and sticker shall be valid for a period of one (1) year from the date of issue, unless sooner withdrawn or canceled for cause by the Department.

SECTION 3.       Accreditation Fee — Accreditation Fee of Fifty (P50.00) Pesos shall be collected from the applicant that has complied with the minimum standards and requirements for accreditation.

SECTION 4.       DOT Sticker — DOT sticker shall be issued to all accredited calesas providing transport services to tourists upon payment of Forty (P40.00) Pesos.

SECTION 5.       Issuance of the Department of Identification Cards — The Department Identification (ID) card shall be issued to a bonafide calesa driver upon payment of Thirty (P30.00) Pesos.

SECTION 6.       Display of Department Sticker — The Department Sticker duly issued to calesas providing transport services to tourists shall be displayed in a conspicuous place of the calesa.

SECTION 7.       Non-Transferability of Certificate of Accreditation and Department Sticker — The rights and privileges granted under the accreditation shall be non-transferable.

SECTION 8.       Surrender of ID Card and Sticker — Calesa operator/driver who has ceased to be such shall immediately surrender his/her ID card and Sticker to the Department.

CHAPTER V
Inspection

SECTION 1.       Creation of an Inspection Team — The Department shall create an inspection team composed of at least two (2) members from the Department to conduct an inspection of the calesa to determine whether it meets the minimum standards set by the Department.

SECTION 2.       Inspection Checklist to be Accomplished During Ocular Inspection of Calesas — The team shall provide itself with a set of inspection checklist of minimum standard requirements for the calesa. All deficiencies found as well as the requirements duly complied with shall be noted in the checklist.

SECTION 3.       All Observations of the Applicant to be Entered in the Checklist — Any observation of the applicant or his/her duly authorized representative present at the time of the inspection on any adverse findings of the team shall be entered in the checklist. The applicant shall then be furnished with a copy of the accomplished checklist.

SECTION 4.       Report of the Team — Within five (5) days from the date of inspection of the calesa, the team shall render a report of its findings and recommendations.

SECTION 5.       Defects and Deficiencies Found During the Inspection — Where certain defects and deficiencies have been found in the course of the inspection, the Department shall serve and give direction to the owner or operator to rectify the defects or deficiencies within a reasonable period of time.

SECTION 6.       Periodic Inspection — When necessary or when the public interest and safety dictates, the Department may send a team to inspect whether the accredited calesa is being kept and/or managed in a manner conformable to the standards set by the Department. The inspection shall be conducted at a reasonable time of the day with due regard and respect to the right of privacy of parties concerned.

SECTION 7.       Penalty for Failure to Remedy the Defects and Deficiencies — If the applicant fails to remedy the defects or deficiencies noted in the Inspection Report, the Department may upon due notice cancel the certificate of accreditation of the calesa and require to surrender the Department’s accreditation certificate and sticker issued or deny its application for accreditation, as the case may be.

CHAPTER VI
Grounds for Cancellation of Accreditation

SECTION 1.       Grounds for the Cancellation of Accreditation — Any of the following acts or omissions shall be sufficient grounds for the revocation of accreditation:

a.      Making any false declaration or statement or making use of any such declaration or statement or any document containing the same; or committing fraud or any act of misrepresentation for the purpose of obtaining the grant of accreditation provided that the cancellation of accreditation as herein stated, shall be without prejudice to any action which may be initiated against the violator;

b.      Failure to maintain the standards and requirements for accreditation as prescribed in these rules;

c.       Violation of or non-compliance with any of the provisions of these rules, promulgated orders, decisions and circulars issued by the Department and other government agencies;

d.      Promoting, facilitating or conducting activities constituting prostitution or other illegal undertakings as part of a tour for both foreign and domestic tourists;

e.      Gross and evident bad faith in dealing with passengers or fraudulent solicitation of business;

f.        Plying routes other than those designated for calesa operation;

g.      Any act of fare overcharging committed by the calesa driver;

h.       Any act of discourtesy by the calesa driver to the passenger;

i.        Any act of cruelly to the horse committed by the calesa driver; and

j.        Any other act or omission inimical to the interest of the tourism industry.

CHAPTER VII
Grounds for Disqualification of Application for Accreditation

SECTION 1.       Grounds for Disqualification of Application for Accreditation — Any person who has been convicted of a criminal offense or whose accreditation has been cancelled shall be disqualified to apply for accreditation.

CHAPTER VIII
Miscellaneous Provisions

SECTION 1.       Confidential Character of Data — Information and documents received or filed with the Department in pursuance of the requirements of these Rules shall be treated as confidential and shall not be divulged to any party without the consent of the applicant concerned.

SECTION 2.       Separability Clause — The provisions of these Rules are separable and should any of said provisions or part thereof be declared invalid, the validity of all the other provisions shall not be affected by such declaration.

SECTION 3.       Repealing Clause — All existing rules and regulations or circular issued by the Department of Tourism which are inconsistent with the provisions of these rules and regulations are hereby repealed and/or modified accordingly.

SECTION 4.       Effectivity — These rules and regulations shall take effect immediately.

Adopted: 10 Jan. 2000

(SGD.) GEMMA CRUZ-ARANETA
Secretary

Attested by:

(SGD). ORESTES R. RICAFORTE
Undersecretary
Tourism Services and Regional Offices