PROVINCIAL ORDINANCE

Republic of the Philippines
PROVINCE OF AKLAN
Kalibo, Aklan
OFFICE OF THE PROVINCIAL GOVERNOR

Executive Order No. 007
Series of 2010

"RULES AND REGULATIONS IMPLEMENTING PROVINCIAL GENERAL ORDINANCE NO. 2009-003 ("AN ORDINANCE ENACTING THE TOURISM CODE OF AKLAN")

WHEREAS, General Ordinance No. 2009-003 otherwise known as "AN ORDINANCE ENACTING THE TOURISM CODE OF AKLAN" was enacted on April 23, 2009;

WHEREAS, General Ordinance No. 2009-003 embodied the legislative tool for the promotion, protection, preservation and development of the tourism industry in the Province of Aklan;

WHEREAS, it is a declared policy of the Provincial Government of Aklan that its tourism industry shall be one of its economic thrusts;

WHEREAS, Republic Act 7160 otherwise known as the Local Government Code of 1991, provides:

"Section 465. The Chief Executive; Powers, Duties, Functions and compensation";

(a) The Provincial Governor, as the Chief Executive of the Provincial Government, shall exercise such powers and perform such duties and functions as provided by this Code and other laws.

(b) For efficient, effective and economical governance the purpose of which is the general welfare of the province and its inhabitants pursuant to Section 16 of this Code, the provincial governor shall:

(1) Exercise general supervision and control over all programs, projects, services, and activities of the provincial government, and in this connection, shall:

x x x
(xvi) Call upon any national official or employee stationed in or assigned to the province to advise him on matters affecting the province and to make recommendations thereon; coordinate with said official or employee in the formulation and implementation of plans, programs, and projects; and when appropriate, initiate an administrative or judicial action against a national official or employee who may have committed an offense in the performance of his official duties while stationed in or assigned to the province;

x x x
(2)Enforce all laws and ordinance relative to the governance of the province and the exercise of the appropriate corporate powers provided for under Section 22 of this code, implement all approved policies, programs, project, services and activities of the province and, in addition to the foregoing, shall:

(i) Ensure that the acts of the component cities and municipalities of the province and of its officials and employees are within the scope of their prescribed powers, duties and functions;

(ii) Call conventions, conferences, seminars or meetings of any elective and appointive officials of the Province and its component cities and municipalities, including national officials and employees stationed in or assigned to the province, at such time and place and on such subject as he may deem important for the promotion of the general welfare of the province and its inhabitants;

(iii) Issue such executive orders for the faithful and appropriate enforcement and execution of laws and ordinances;

x x x
(5)Exercise such other powers and performs such other duties and functions as may be prescribed by law or ordinance.

x x x
WHEREAS, Article 25 of the Implementing Rules and Regulations of Republic Act 7160, otherwise known as the Local Government Code of 1991, provides:

Article 25. Responsibility for Delivery of Basic Services and Facilities – The LGUs shall, in addition to their existing functions and responsibilities, provide basic services and facilities devolved to them covering, but not limited to, the following:

Province:
x x x
(l)Planning and implementing of tourism development and promotion.
Now, THEREFORE, by virtue of the power vested on me by the foregoing, I, CARLITO S. MARQUEZ, Provincial Governor, Province of Aklan, Republic of the Philippines, do hereby ORDER, the following:

RULE I
POLICY APPLICATION

Section 1. These rules shall be known and cited as the "Rules and Regulations Implementing Provincial General Ordinance No. 2009-003 ("An Ordinance Enacting the Tourism Code of Aklan")".

Section 2. Declaration of Policy - It is hereby declared the policy of the Province to pursue the sustainable development of Aklan as a serene tourist haven, and for this purpose, affirms the following:

a. Conserve the natural environment including its biodiversity;

b. Respect the cultural sensibilities and rights of host communities;

c. Safeguard and preserve the integrity of cultural heritage historical sites and natural endowments;
d. Educate all stakeholders, community and tourists on the principles of responsible and sustainable tourism;

e. Alleviate poverty by ensuring the "trickle down" effect of tourism benefits to communities;

f. Improve quality of services to be globally competitive;

g. Support sustainable tourism development plans;

h. Encourage active involvement and participation of communities in tourism development;

i. Ensure that all tourism activities, plans, etc. should reflect the positive Filipino values especially the values of maka-Diyos, makatao, makakalikasan (pro-God, pro-people and pro-environment);

j. Identify , develop and promote existing and potential tourism areas and tourism enterprise zones;
k. Institutionalize and advocate a responsible culture of tourism;

l. Promote teamwork and cooperation among stakeholders to attain common goals and objectives for the common good;

m. Encourage, promote and link community-based tourism support industries to the tourism mainstream;

n. Strengthen and support the capability of local government units in mandated tourism functions;

o. Provide incentives and recognition to private initiatives in the establishment and development of tourism-related programs, projects, activities/events, and investments; and,

p. Develop and factor into the tourism industry highly professionalized and trained human resource components through the concerted efforts cooperation of both public and private sectors.

RULE II
OPERATING PRINCIPLES

Section 1. Operating Principles – The formulation and implementation of policies, rules, regulations, instructions, and directives on tourism shall be guided by, and circumscribed within, the following operating principles:

a. As a steward of the province’s environment and natural resources, it is our responsibility that all development plans should strictly adhere to existing environmental laws and ordinances to ensure its sustainability for succeeding generations to enjoy;

b. Respect for the equality of men and women regardless of sexual orientation;

c. Respect for human rights is a cornerstone for sustainable tourism development, particularly individual rights of the most vulnerable groups notably children, the elderly, the handicapped, ethnic minorities and indigenous people as well;

d. Marketing of tourism product and services should be as truthful and honest in all dealings with the traveler;

e. Tourism should strive to continually improve products and services to match specific target needs;

f. Local government units shall take major responsibility in partnership and cooperation with concerned government entities and the private sector for the improvement, security, administration and management of tourism destinations;

g. All sectors concerned specifically the academe should work to enhance the skills and capabilities of local human resources in response to the needs of the tourism industry;

h. Local government units shall enjoy autonomy in innovating and implementing tourism programs and activities in their respective areas and shall be entitled to fair and equitable allocation of resources in project implementation support;

i. For effective and highly coordinated approach to tourism development and promotion, all tourism-related endeavors, programs and projects shall be aligned with the thrusts and directions of the Provincial Tourism Master Plan, and that of the Department of Tourism;

j. All laws, rules and regulations of national and local government units shall be harmonized and reconciled to give effect to the program thrusts of the tourism industry; and

k. Adoption of internationally recognized best practices acts relative to our stewardship of natural resources.

Section 2. Coverage - These rules shall govern all tourism-related matters to be undertaken by the Provincial Government of Aklan and its units and political subdivisions.

RULE III
DEFINITION OF TERMS

Section 1. Definition of Terms – In addition to the terms and phrases duly defined by the Department of Tourism in its several issuances of rules and regulations governing the accreditation of specific tourism establishments and facilities, which definitions are hereby adopted, the following are given their meaning in this Ordinance:

a. Accreditation – a certification issued by the appropriate government agency that the holder is recognized as having complied with the minimum standards required by the Council and the Department of Tourism (DOT) in the operation of establishments and facilities concerned.

b. Capital resources – refers to availability of capital/financing, transportation, roads, airports, railroads, harbors and marinas, trails and walkways, water, power, waste treatment and communications.

c. Cultural resources – this includes historic buildings, sites, monuments, shrines, cuisine, ethnic cultures, industry, government, religion, anthropological resources and local celebrities.

d. Human Resource Infrastructure – these include the warm bodies in the tourism industry – the people operating the various establishments and facilities, the local population whose lives are intertwined with the development of tourism sites in their area; the tourists whose quality of lives are enriched and enhanced by the beauty, the history and the culture of their destinations.

e. Human resources - include hospitality skills, management skills, seasonal labor force, performing artists (music, drama, art), storytellers, craftsmen and artisans, other labor skills from chefs to lawyers to researchers, and local populations.

f. Legal and Regulatory Infrastructure – this component refers to the rules of order necessary to manage and control the tourism industry. These are put in place to protect the industry and the people who are the very reason for the industry – the tourists, the service and amenities providers, and the local population. With laws and regulatory measures, the relationships of tourists and their hosts thus become more harmonious and fulfilling. By this, it shall be incumbent upon the Provincial Government of Aklan through the Provincial Governor to create a task force, to be headed by the Provincial Legal Officer of the Province of Aklan, which serves as the monitoring and investigative arm for the effective implementation of all tourism-related laws, rules and regulations.

g. Natural resources – these refer to climate-seasons, water resources (lakes, streams, waterfalls), flora (forests, flowers, shrubs, wild edibles), fauna (fish & wildlife), geological resources (topography, soils, sand dunes, beaches, caves, rocks and minerals, fossils) and scenery.

h. Physical Infrastructures – shall include, but not limited to, roads, bridges, administration buildings, toilets and comfort room facilities, parking areas, rest areas, forest tracks, walkways, viewing platforms, cottages, wharves, boat landing facilities, solid and liquid waste facilities, security and service facilities, and communication centers.

i. Tourist Properties – these refer to sites and attractions not yet developed including but not limited to, lakes, waterfalls, volcanic hot springs, caves and rainforests.

j. Sustainable tourism development – means tourism development that leads to management of all resources in such a way that economic, social, aesthetic need can be fulfilled, while maintaining cultural integrity, essential ecological processes, and biological diversity and life support systems.

k. Tourism – a major provincial activity in which private sector investment, effort and initiative are encouraged, fostered and supported and through which socio-economic development may be accelerated and the appreciation of the province’s natural beauty, history and culture appreciated with greater pride and commitment.

l. Tourism industry - refers to industries or business enterprises providing goods and services to tourists and all types of travelers while they stay, travel, visit and enjoy the facilities and destinations.

m. Tourism Infrastructures – have three major components, namely: physical, human resource and legal regulatory.

n. Tourism resources - refer to natural, cultural, human, or capital resources that either are being used or can be utilized to attract or serve tourists.

RULE IV
TOURISM INFRASTRUCTURES

Section 1. Physical Infrastructure - Local governments and private stakeholders shall promote and encourage the construction of tourism-related establishments and facilities either through public or private funding, or both, in their areas of jurisdiction. Towards this end, local governments shall;

a. Enhance land, air and sea travel connecting to tourist destinations through construction and expansion of adequate road networks and terminals, international and domestic airports, as well as seaports, for passengers and cargo;

b. Enhance the provision of basic utilities such as water, energy and power as well as communication facilities through expansion or upgrading based on long-term studies and carrying capacity of a tourist destination;

c. Implement an integrated solid waste and sewerage management system in tourist destination and tourism investment zone, that is adequate and functioning, and in compliance with existing laws and ordinances on environment;

d. Sustain the implementation and enhancement of tourism-related infrastructures such as accommodation facilities including shopping centers, health care centers, emergency and safety facilities, and recreation and safety facilities;

e. Improve transport facilities through strict implementation and monitoring of environmental laws, rules and regulations;

f. Sustain the potable water sources and systems in the protection, rehabilitation and management of watershed areas province wide;

g. Engage in the development of watersheds including the Timbaban Watershed, Dalagsaan River Watershed and other potential alternative resources for power generation;

h. Pursue a unified effort and institutionalize the proper solid waste management practices;

i. Create a web portal for the province linking all the municipalities;

j. Identify and facilitate assessment as to the potential tourist site for tourism investment zone;

k. Encourage active community-based tourism endeavors/undertakings;

l. Ensure compliance to the prescribed and appropriate standard guidelines for the existing and new tourism-related establishments;

m. Encourage the establishment of one-stop-shops and one-town-one-product to be participated in by all municipalities, showcasing their best products complementing each other;

n. Build new and upgrade existing facilities, manpower components and capacity and capability building for health care services, emergency responses and safety of the tourists and local residents;

o. Diversify wholesome recreational activities and entertainment; and,

p. Encourage the use of thematic design that reflects Aklanon culture and heritage

Section 2. Human Resources Infrastructures - Acknowledging tourism as a major factor in income and employment generation of the Province of Aklan, every local government unit shall create a municipal tourism office with qualified manpower component and sufficient budgetary allocation for its operations. Each municipal tourism office shall have a tourism officer who shall be responsible for preparing, implementing and updating local tourism development plans and enforcing tourism laws, rules and regulations. In the performance of his or her functions the tourism officer shall coordinate with the Aklan Provincial Tourism Office and Aklan Provincial Tourism Council.
Tourism programs shall be geared towards the fulfillment of the needs of the key players and stakeholders of the tourism industry. Towards this ends, both local government and private investors on tourism shall enjoin hands to:

a. Provide financial and technical support for the professionalization of services and skills of tourism industry;

b. Organize and train a team of provincial and local trainers to capacitate and improve delivery of services of tourism frontliners such as tourism officers, transport operators, tour guides, drivers, boatmen, porters, and the like;

c. The Provincial Tourism Office in coordination with the Provincial Tourism Council and the Department of Tourism shall implement a certification and accreditation system to regulate the quality of service and skills provided by frontliners and other tourism industry workers;

d. Coordinate with concerned government agencies in monitoring and evaluate certified and accredited tourism industry workers annually which will be the basis for renewal or revocation of certification and accreditation;

e. Incorporate the culture of tourism and values formation in all levels of education starting with the elementary or primary level;

f. Advocate the culture of tourism at all levels;

g. Ensure that tourism frontliners are well-trained and qualified, provided with incentives and rewards, organized and federated based on their work affiliations; and,

h. Implement guidelines, rules, regulations through appropriate local government agencies in accordance with DOT standards for the construction of appropriate and adequate accommodation facilities including shopping centers, health care centers, emergency and safety facilities, recreation and entertainment and restaurants conforming to unified design.

Section 3. Legal and Regulatory Infrastructure

a. The tourism industry is governed by national and local laws as well as rules and regulations issued by the administrative bodies pursuant thereto. Local Government Units shall issue rules, regulations and directives on tourism pursuant to the provisions of Republic Act No. 7160, otherwise known as the Local Government Code of 1991. Pursuant thereto, a Special Tourism Over-Sight Task Force shall be created by the Provincial Government of Aklan through the Provincial Governor, in his capacity as the Local Chief Executive and the Chairperson of the Aklan Provincial Tourism Council, which serves as the monitoring and investigative arm for all tourism related issues and concerns. The said task force shall be headed by the Provincial Legal Officer of the Province of Aklan, furthermore, the Provincial Governor shall assign other members of the said task force with their corresponding duties and responsibilities.

b. No foreign tour guides/escorts shall be allowed under this Code except there are no available local tour guides/escorts speaking the language of a particular foreign tourist market, in which case travel/tour organizers shall be required to hire accredited local tour guides as understudy. Two years after the effectivity of this Code, all tour guides/escorts shall be Aklanons. The Aklan Provincial Tourism Office with the assistance of the Aklan Provincial Tourism Council shall formulate rules, regulations and policies in the implementation of this program.

RULE V
AKLAN PROVINCIAL TOURISM COUNCIL

Section 1. The Aklan Provincial Tourism Council – There shall be created the Aklan Provincial Tourism Council which shall act as the highest coordinating and policy formulating body for tourism projects, programs and related activities. It shall also serve as a one-stop-shop agency for tourism investment promotion. For this purpose, the Aklan Provincial Tourism Council shall coordinate and enter into a Memorandum of Agreement with the concerned Local Government Unit for the effective implementation of the said "one-stop-shop agency" program.

Section 2. Composition - The Aklan Provincial Council shall be composed of the following:

1. Chairperson – The Provincial Governor

2. Co-Chairperson – to be elected from the Board of Directors but must come from the private sector

3. Vice Chairperson – The Provincial Vice Governor

4. Secretary

5. Treasurer

6. Chairperson, SP Committee on Tourism

7. President, League of Municipalities

8. Representative, Philippine Councilors League (PCL) who should also be the Chairperson of his/her municipality’s Committee on Tourism

9. Representative from Hotels and Resorts Association

10. Representative from Restaurants and Bars Association

11. President, Local Chamber of Commerce and Industry

12. Representative from Land and Sea Transportation Sector

13. Representative from Airline Companies

14. President, Tourism Officers Association

15. President, Tour Guides Association

16. President, Travel Agencies Association

17. President, Tour Operators Association

18. President, Tri-Media Association

19. President, Convention/Event Organizers AssociationThree (3) Representatives from Boracay-based private sector which will be selected by and from among themselves

20. All Chairpersons of Local Municipal Tourism Councils

21. Social development NGO’s

Section 3. Membership of the Council - The membership of the Council shall be composed of sixty percent (60%) from the private sector and forty percent (40%) from the government sector. The government sector representatives shall consist of the Chairperson of the SP Committee on Tourism, President of the League of Municipalities, the representative of the Philippine Councilor’s League, President of Tourism Officers Association, Chairpersons of Local Municipal Tourism Councils. The council may create committees as needed.

Section 4. Process of Participation and Selection of Private and Government Sector Representatives –

a. Private sector participation must be drawn mainly from the different tourism and business sectors in the province. The process for the selection of private sector representatives shall be convened by the Aklan Provincial Tourism Office. Private Sector representatives shall be selected from and by the members of an organized association in a particular tourism sector.

b. In the absence of an organized association which are expressly enumerated under

section 2 of this Rule (Rule V), the stakeholders with similar interests and belong to the same particular tourism sector shall select from among themselves a representative to the council which shall be endorsed through a written document signed by all the members.

c. In the event that the said stakeholders failed to organize an association and/or select a representative among themselves, it shall be deemed as a waiver of their right to be represented on every election of the Board of Directors/officers of the Aklan Provincial Tourism Council and/or any undertaking which requires their representation or vote, until the time that they have organized an association or have selected their representatives, however, such stakeholders may attend the scheduled meetings of the Aklan Provincial Tourism Council.

d. Only one (1) vote, through a duly authorized officer and/or representative, shall be recognized from among the members of the Aklan Provincial Tourism Council. Proxy voting shall not be allowed.

Section 5. Honorary and Allied Members - The Council through its Chairperson may also appoint the following private individuals as members of the Council:

a. Honorary Members – those who are invited to join the council because of their significant (noteworthy) contribution to the advancement of the tourism industry. Such significant (noteworthy) contribution to the advancement of the tourism industry may be through programs, projects and investments undertaken for the promotion and development of the tourism industry in the Province of Aklan.

b. Regular Members – all associations/entities which directly represent various sectors/elements of the tourism industry.

c. Allied Members – all associations /entities which do not directly represent any of the sectors/elements of the tourism industry in the province but which, nevertheless, are interested in the promotion/development of tourism in general; or which have tourism functions /interests, but are not wholly private in structure or character, or which by virtue of discipline or business or otherwise are tourism related.

Upon the effectivity of these rules and regulations, the Board of Directors of the Aklan Provincial Tourism Council shall formulate guidelines, duly approved by the Board in its meeting, on the procedure of the appointment for the membership of the Honorary and Allied members.

Section 6. Composition of the Members of Board of Directors – The Board of Directors shall be composed of the Chairperson and Vice Chairperson as Ex-Officio members and seven (7) directors to be elected from the general membership of the council. If practicable, elective members of the Board of Directors shall be composed of five (5) members from the private sector and two (2) members from the government sector.

Section 7. Election of the Board of Directors and Officers - Each of the private sector representatives should represent varied sectors of the local tourism industry. If a private and/or government sector representative ceases to be connected with the sector he or she represents, a new representative from such sector he or she has represented shall be appointed to serve the unexpired term. The Council shall be notified of the appointment of the said new representative. The newly appointed representative shall not be recognized in the absence of a proper notification to the Council. Only Regular Members who are the duly authorized and/or elected representative of an organization which are expressly enumerated under section 2 of this Rule (Rule V) can vote and be voted as Board of Directors and Officers of the Council. Proxy voting shall not be allowed.

The Board of Directors shall elect from among themselves the Treasurer and the Secretary of the Council.

A secretariat composed of three (3) employees which shall come from the Provincial Tourism Office shall assist the council in all its activities and functions.

Section 8. Term of Office. The Board of Directors and Officers of the Council shall have a term of two (2) years. Election shall be held every after two (2) years which shall be during the first week of June of such year. The aforesaid elected Board of Directors and Officers shall commence their term of office on July 1 of such year and will be for two (2) consecutive years.

Section 9. Sources of Funds - The Council has the power to generate funds for its activities through the following:

a. Membership fees and/or dues approved by the members and Officers of the Council;

b. Grants and donations;

c. Proceeds of fund raising activities to be undertaken by the Council;

d. Financial assistance thru local legislation, as well as any other income that may be legally earned by the Council.

All funds received by the Council shall be deposited in a special fund account created and maintained in a government –owned bank or financial institution. Any disbursement from said fund shall be approved by the Board of Directors and properly accounted for with the assistance of the Provincial Accounting Office.

An annual audited financial statement shall be reported by the Treasurer during the general membership meeting.

Section 10. Meetings and Quorum - The Board of Directors shall meet once every quarter upon a prior written notice. A simple majority of the Board of Directors (50% + 1) shall constitute a quorum. A general membership meeting shall be held at least once a year. Special meetings can be called by the Chairperson as the need arises.

Section 11. Duties and Functions of the Council - The Provincial Tourism Council shall:

a. Help identify, develop and promote potential tourism attractions;

b. Extend technical assistance to all tourism-oriented and related establishments;

c. Advocate for a responsible culture of tourism among stakeholders and tourists alike;

d. Create sustainable tourism programs and projects for the community;

e. Create and promote awareness on the benefits of tourism through mixed media;

f. Help in monitoring compliance of the requirements of standards and regulations set by DOT, LGUs and other government agencies for the general welfare of tourists, visitors and community."

g. Coordinate with the LGUs in the implementation of the provincial tourism code;

h. Formulate and recommend plans and policies on tourism development by both government and private sectors;

i. Initiate and recommend the implementation of programs and activities on tourism in coordination with the DOT, LGU, PTA, private sector and other entities;

j. Initiate private and public partnerships in implementing tourism development plans, programs and activities;

k. Establish close coordination with local government tourism councils to ensure responsive tourism through the proper implementation of the Tourism Code of Aklan;

l. Encourage the development of local tourism councils in the province in accordance with the Tourism Code of Aklan;

m. Promote and support sustainable tourism by facilitating community based tourism activities;
n. Facilitate resource generation for tourism activities;

RULE VI
PROVINCIAL TOURISM OFFICE

Section 1. Provincial Tourism Office - There shall be created a Provincial Tourism Office under the Office of the Governor with the status of a department. The Provincial Tourism Office will primarily be the implementing arm for the programs, policies and projects that may be formulated by the Provincial Tourism Council. The Provincial Tourism Office shall also serve as the interim Secretariat of the Provincial Tourism Council.

Section 2. Professional Staff - The Provincial Tourism Office shall be manned by professional staff with tourism training and experience. It shall be headed by the Provincial Tourism Officer. Other personnel plantilla positions may be created and staffed through appointment by the Governor and to be authorized by the Sangguniang Panlalawigan.

Section 3. Powers and Functions - As the primary operating agency of the Provincial Government, the Provincial Tourism Office shall have the following functions:

a. Initiate and organize tourism and cultural activities;

b. Monitor, and coordinate integrated plans for tourism and culture and the arts;

c. Assist, monitor and conduct accreditation of tourism-oriented and related facilities and service providers;

d. Conduct capability building trainings for tourism front liners;

e. Conduct research, establish and maintain tourism information management system and web portal for the province and the world;

f. Establish linkage and networking with national government agencies (NGAs), non-government organizations (NGOs) and people’s organizations (POs) in planning and implementing tourism activities;

g. Conduct inventory of existing, emerging and potential tourism attractions;

h. Promote and market Aklan as a tourist destination, regionally and globally, through exhibits, selling missions and the production of marketing collaterals;

i. Operate and maintain provincial government-owned tourism facilities;

j. Represent the province in tourism-related activities;

k. Advocate responsible culture of tourism; and,

l. Produce promotional and marketing collaterals

m. Establish linkages and alliances worldwide

n. Perform other functions related to tourism development.

RULE VII
INTER-GOVERNMENT RELATIONSHIP

Section 1. Coordination with Local Government Units - The Aklan Provincial Tourism Office, in the implementation of the tourism programs formulated by Aklan Tourism Council, may call on the assistance of any local government unit. All concerned local government unit shall direct its tourism officer to coordinate with the Aklan Provincial Tourism Office. It may also assign or share its facilities and resources if necessitated in the program implementation.

Section 2. Coordination with Law Enforcement Agencies - The Aklan Provincial Tourism Office in coordination with the Aklan Provincial Tourism Council shall conduct regular meetings with the Philippine National Police (PNP) Provincial Office to update security measures at various tourist areas, facilities and routes. Before the start of the peak tourist season to be determined by the Aklan Provincial Tourism Office, a special security meeting shall be called with the attendance of the PNP, Philippine Coast Guard, the Armed Forces of the Philippines and other law enforcement agencies of the national government.

Section 3. Coordination with Health and Emergency Agencies -The Aklan Provincial Tourism Office shall coordinate with the Office of the Provincial Health Officer to address tourism related health emergencies and institutionalize rapid response to health emergencies at tourism areas. Before the start of the peak tourism season to be determined by the Aklan Provincial Tourism Office, a joint inspection of health and emergency facilities shall be conducted for purposes of updating and modernizing the same.

RULE VIII
TOURISM RESOURCES

Section 1. Inventory of Tourism Resources - The Provincial Tourism Office shall periodically make an inventory to identify and classify the resources which provide opportunities for tourism development. In this connection, it shall inform the local government unit concerned about the tourism potentials of a particular area and seek the passing of necessary legislation for its protection, development and promotion as a tourism area.

Section 2. Classification and Assessment of Tourism Resources - The Provincial Tourism Office shall conduct an after season assessment and classification of active tourism resources for purposes of recommending policies to the Aklan Provincial Tourism Council for its protection, development and promotion.

Section 3. Inspection and Rating of Tourist Establishments - After each tourist peak season, the Provincial Tourism Office with the assistance of the Provincial Legal Office shall inspect all registered tourism establishments and take note of their compliance to existing tourism standards of the Department of Tourism (DOT) and laws and regulations regarding the establishment, maintenance and operation of tourism related establishments. Based on the results of the inspection, the Provincial Tourism Office shall submit a detailed report with recommendations to the Provincial Tourism Council for determination of a proper course of action or response.

Section 4. Independent Rating System - The Provincial Tourism Council shall formulate an independent tourism establishment rating system which shall be conducted by the Provincial Tourism Office every after tourist season. The results of the rating system shall be basis for citation for merits or demerits and published in official tourism data bank of the Provincial government.

Section 5. Tourism Data Bank - The Provincial Tourism Office shall maintain a data bank on tourism information particularly the inventory of tourists, tourism resources, establishments like hotels, resorts, tourism service providers and similar tourism related industry stakeholders operating in the province. LGUs shall periodically collect and submit to the Provincial Tourism Office statistical data for tourism development plans. The data bank shall be open to the public and made accessible via effective electronic medium such as the worldwide web.

RULE IX
INCENTIVES

Section 1. Incentives. All tourism-related investments in the Province with capitalization of Php. 50,000.00 but less than Php. 3.0 Million shall avail of the following special incentives:

1. Technical assistance and networking;

2. Projects for restoration of cultural and heritage sites shall be given tax holidays to be determined by LGUs concerned.

3. Inclusion in all marketing and promotional collaterals.

Tourism establishments with capitalization of Php 3.0 Million and above that intend to avail of incentives shall be referred to the Aklan Investments and Incentives Board.

Section 2. Recommendation and Endorsement. The endorsement shall be issued by the Aklan Provincial Tourism Office to establishments that have fully met the requirements of the Aklan Provincial Tourism Council and the LGUs concerned where the tourism investment is located. Upon the effectivity of these rules and regulations, the Aklan Provincial Tourism Office in coordination with the Aklan Provincial Tourism Council shall formulate guidelines, procedures and requirements for the availment of incentives as mentioned in the preceding section.

RULE X
ASSESSMENT, MONITORING AND EVALUATION

The Provincial Tourism Office with the assistance of the Provincial Legal Officer, together with the Aklan Provincial Tourism Council and with the participation of the concerned local government units shall establish an annual monitoring and evaluation system in order to evaluate the economic, social and environmental impact of the tourism activity. They should cover all the elements that are crucial to sustainability of the tourism resource in compliance with the provisions of this Code. Monitoring and evaluation indicators should include service quality and participation of local communities. Results of such monitoring and evaluation activity shall be submitted to the Provincial Tourism Council as a resource material for future policy formulation.

RULE XI
TOURISM TRAINING INSTITUTION

Section 1. COORDINATION WITH GOVERNMENT AND PRIVATE TOURISM INSTITUTIONS - The Provincial Tourism Office shall coordinate with both government and private tourism entities to institutionalize tourism training programs, formal and informal, with corresponding certification upon completion. In this relation, the Provincial Tourism office shall conduct regular onsite training seminars for tourism workers to update their skills and capabilities.

Section 2. LINKAGES - The Provincial Tourism Office and the Aklan Provincial Tourism Council shall strengthen their networking and linkages to access financial and technical resources including organizing a pool of trainers to provide other skills trainings needed by the industry.
Section 3. TRAINING PROGRAMS AND LABORATORY - To address the training and upgrading needs of tourism professionals and workers, the Provincial Tourist Office shall designate the Gov. Corazon L. Cabagnot Tourism and Training Center as a tourism training laboratory for its training programs.

RULE XII
SUPPLETORY PROVISIONS

Section 1.NATIONAL LAWS, RULES, REGULATIONS AND ISSUANCES APPLICABILITY - In the implementation of the provisions of this Implementing Rules and Regulations, reference shall always be made to existing national laws, rules, regulations and issuances on Tourism. see page 9
Section 2.APPLICABILITY OF THE ENVIRONMENT CODE – Relevant provisions of the Environment Code of the Province to the Tourism Industry are hereby adopted to highlight the overriding importance of environment preservation and protection.

RULE XIII
FUNDING REQUIREMENTS

a. Local Government Units shall include in their annual budgets such estimated funding requirements

for the development of tourism facilities, access roads and amenities.

b. For the initial funding in the implementation of this code the amount of ONE MILLION PESOS (P1, 000,000.00) is hereby appropriated.

c. Specific tourism projects may be undertaken with funding support from the National Government through representations made by the Local Government Units.

RULE XIV
SEPARABILITY CLAUSE

If, for any reason or reasons, any part or provision of this implementing rules and regulations shall be declared invalid or unconstitutional, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

RULE XV
EFFECTIVITY

This Implementing rules and regulations shall take effect fifteen (15) days after completion of its publication in a newspaper of general circulation in the Province of Aklan.

Enacted, February 16, 2010.

(Sgd.) CARLITO S. MARQUEZ
Provincial Governor