(NAR) VOL. 2 NO. 1/JANUARY-MARCH 1991
Chapter 1
Definition of Terms
SECTION 1. Definition of Terms.- For purposes of these Rules, the following terms shall, unless otherwise indicatedhave the following meanings:
SECTION 2. Requirements - For purposes of registration and licensing, the following are the basic requirements for the operation and maintenance of a tourist transport:
SECTION 4. Department Stickers - After registration and issuance of license by the Department, it shall be mandatory for all tourist transport to put the Department stickers on the front and back windshields of said vehicles for proper identification.
Chapter III
Application and Issuance of License
SECTION 5. Licensing-Mandatory - No person, natural or juridical, shall manage, operate, or engage in the business of tourist transport services without having first secured from the Department a valid license to operate the same. Any person who, being the operator thereof, allows the same to be used in transporting tourists without the requisite license to operate as such from the Department shall also be guilty of an offense under these Rules.
SECTIONS. Application for License - Any person, partnership or corporation desiring to operate and/or engage in the business as tourist transport operator shall accomplish in duplicate and file with the Department, the application for license prescribed for such purpose.
SECTION 7. Who are Authorized to Sign Application - In the filing of application for a license to operate as a tourist transport operator, the following shall be considered authorized to sign said application:
1. Third Party Liability - P20 ,000.00 per unit
2. Passenger Accident - P12 ,000.00 per person
SECTION 12. Renewal of License - The license shall be renewed on or before the date of its expiration. A surcharge of fifty percent (50%) of the license fees due shall be imposed on an applicant who fails to file the application for renewal of license within the period fixed in these Rules; Provided, that failure to file such application and/or to comply with all the requirements for renewal within sixty (60) days from the expiration date of the license shall be a ground for the nonrenewal of the same unless meritorious and valid grounds are submitted to justify such failure; in which case, the Department may renew said license upon payment by the applicant of a fine of Five Hundred Pesos (P500.00).
SECTION 13. Documents Required for Application for Renewal of License as Tourist Transport Operator - The application for the renewal of license shall be supported by the following documents:
SECTION 14. Employment of Foreign Nationals - No foreign national shall be employed by tourist transport operator without the prior approval of the Department. In the employment of foreign nationals, valid visa and permit to work issued by the Commission on Immigration and Deportation and the Department of Labor and Employment, respectively, shall be submitted.
SECTION 15. Request for the Department Identification Cards - The Department Identification Cards shall be issued to employees of tourist transport operators upon request subject to payment of a nominal fee; Provided, that said employees are included in the list of personnel of the operator concerned.
SECTION 16. Surrender of ID Card - Officers and the employees who have ceased to be such shall immediately surrender their ID cards to the Department.
SECTION 17. Service - Operators shall provide service that is as safe, regular, comfortable and convenient as possible.
SECTION 18. Manner of Fixing - The fixing of rates for tourist transport shall be the responsibility of the LTFRB upon recommendation of the Department. No tourist transport operator shall charge rates other than those so prescribed.
SECTION 19. Application for Increase of Transportation Rates - All applications for increase of transportation rates shall be filed before the Department in triplicate and shall be sworn to before a person authorized to administer oath.
SECTION 20. Reasonableness of Proposed Increase; Burden of Proof of Applicant - The applicant shall have the burden of showing that the proposed increase is fair and reasonable.
SECTION 21. Documents to Accompany Application - Income statements, balance sheets, and cash flow statements for the two (2) years immediately preceding the dale of application for increase of transportation rates as well as other pertinent data shall accompany the application.
SECTION 22. Findings of the Department - Within a reasonable time the Department shall make its findings on the application. Such findings, together with all the pertinent records of the petition shall immediately be transmitted for the action of the LTFRB.
SECTION 23. Tourist Transport Service - Tourist transport service shall be offered on a regular point-to-point run and shall be priced at rates higher than those charged by public utility operators for the same route. The points of departure and destination of a tourist transport regularly plying a route shall be a hotel, resort or such similar tourism facility and picking up or unloading of passengers in between such point is prohibited.
SECTION 24. Charter Rates - A tourist transport operator shall charge only charter rates as previously approved in accordance with these Rules.
SECTION 25. Regular Run on PUB Routes - In case where a tourist transport operator makes a regular run and only transportation service is offered, it may be allowed to run on Public Utility Bus routes, provided that there is a prior approval by the LTFRB under conditions and requirements it may prescribe,
SECTION 26. Grounds for the imposition of Fine, Forfeiture of Bond, Suspension, Cancellation and/or Non-Renewal of License - Any of the following acts or omissions shall be a sufficient ground for the imposition of fine, forfeiture of bond, suspension or cancellation of license of a tourist transport operator depending on the circumstances and gravity of each given case:
1. Non-compliance with or non-submission of any of the requirements for the renewal of license required under Sec. 13, Chapter III of these Rules;
2. Violation of any of the provisions of these Rules, circulars and orders of the Department and violation of any of the conditions of the LTFRB franchise;
3. Fraudulent representation, written or oral, by the owner/general manager of the company for the purpose of securing issuance or renewal of license under these Rules;
4. Tolerance of gross misconduct, discourtesy, dishonesty or misrepresentation committed by any of the operator's officer or employee against its passengers to the detriment of the tourism industry;
5. Willful violation of the agreement or contract entered into by the tourist transport operator and its clients or passengers;
6. Failure to replace or renew the surety bond mentioned in Sec. 8 (d) Chapter III of these Rules within fifteen (15) days from the date when said bond is ordered forfeited or confiscated in accordance with these Rules, or cancelled or revoked for whatever cause;
7. Failure to pay fines, as well as fees, dues and contributions imposed under existing laws;
8. Failure to submit a notice of any change in its personnel within fifteen (15) working days of such change;
9. Failure to obey or comply with duly promulgated orders, decisions or circulars of the Department; and
10. Any other act or omission that works against the interest of the tourism industry.
Chapter V
Rules and Procedures Governing
Complaints and Hearings Before Department
SECTION 27. Complaints Against Tourist Transport Operators and/or Employees - The Department shall exercise quasi-judicial powers in the resolution of cases filed against the tourist transport operators and/or their employees in accordance with its rules and procedures governing complaints.
Chapter VI
Miscellaneous Provisions
SECTION 28. Visitorial Powers - In the discharge of regulatory functions, the Department shall exercise visitorial powers over the operations of the licensed tourist transport operators.
SECTION 29. Transfer of License; Prior Approval of the Department Required - The license is a matter of privilege and may only be issued to qualified applicants. Accordingly, no tourist transport operator shall transfer or alienate in whatever manner its license without prior approval from the Department of Tourism. Any transferee shall comply with all the requirements and procedures for the issuance of a license as prescribed herein.
SECTION 30. Transferee to Pay License Fee; Responsibility - The transferee of a license shall pay the corresponding license fee, and in addition thereto, the new operator, unless otherwise stipulated, shall not be absolved from any responsibility as to contracts, money claims, damages or other liability arising out of and in the course of the operations conducted by its predecessor.
SECTION 31. Transfer of Ownership - Transfer of substantial rights on ownership of shares of interest therein that would culminate in the transfer of majority and controlling right shall be reported to the Department, within ten (10) working days which will evaluate the credentials and qualifications of the new owners and decide to revalidate the license.
SECTION 32. Display of License - The license shall be displayed in a conspicuous place in the public part of the office of the tourist transport operators.
SECTION 33. Confidential Character of Certain Data - Information and documents received by 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 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 assigned therewith who shall violate the provisions of this section shall be guilty of an offense under these rules.
SECTION 34. 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 by these Rules, any suitable procedure or mode of proceedings which appears conformable to the purpose, intent and spirit of these Rules shall be adopted.
SECTION 35. Penalties for Violation -
Penalty Imposed upon Officers of Juridical Persons. - If the offender is a corporation, partnership, or association, the penalty shall be imposed upon the officer or officers who have been responsible for the violation; and if such officers are foreigners, they shall, in addition, be subject to deportation.
SECTION 37. Enlistment of Aid, Assistance and Support of Other Government Agencies - In the implementation of the provisions of these Rules, circulars 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 38. Copy of the Rules Made Available to the Public - Every tourist transport operator shall keep a copy of these Rules open to inspection whenever any of its passenger requests to be shown a copy thereof.
Chapter VII
Application for Accreditation
SECTION 39. Accreditation of Tourist Water/ Air Transport Unit Operators - The following may apply for accreditation as tourist water/air transport operators:
SECTION 40. Certificate of Public Conveyance or Franchise - The water transport operator shall have a certificate of Public Conveyance from the Maritime Industry Authority and the vessels shall have a certification of seaworthiness from the Philippine Coast Guard.
The air transport operator shall secure a franchise to operate from the Civil Aeronautics Board and the aircraft shall have a certificate of airworthiness from the Air Transport Office.
SECTION 41. Accreditation Fee and Validity - An accreditation certificate shall be issued to a qualified entity for a fee of One Thousand Pesos (P1 ,000.00) and shall be valid for one year from date of issuance.
SECTION 42. Responsibilities of Accredited Entities - It shall be the responsibility of accredited entities to maintain the standards set by the Department for accreditation. Failure to do so shall be sufficient ground for the cancellation of the accreditation
Final Provisions
SECTION 43. Separability Clause - The provisions of these Rules and Regulations are hereby declared separable, and in the event anyone or more of such provisions are declared invalid, the validity of the other provisions shall not be affected thereby.
SECTION 44. Repealing Clause - All existing Rules and Regulations or circulars issued by the defunct Board of Travel and Tourist Industry or previously issued by the Department or other government agencies or entities on the operation of tourist transport units as well as municipal or city ordinances or part or parts thereof which are Inconsistent with the provisions of these Rules, are hereby repealed and/or modified accordingly.
SECTION 45. Effectivity - These Rules and Regulations shall take effect fifteen (15) days after their publication In the Official Gazette or in a national newspaper of general circulation in the Philippines.
Adopted: 1 March 1989
Re-Issued: 9 Jan. 1991
(SGD.) JOSE ANTONIO U. GONZALEZ Secretary (SGD.) SOSTENES L. CAMPILLO, JR. Undersecretary