EXECUTIVE ORDER NO. 120
EXECUTIVE ORDER NO. 120 -
REORGANIZING THE MINISTRY OF TOURISM, DEFINING ITS POWERS AND
FUNCTIONS, AND FOR OTHER PURPOSES
RECALLING
that the reorganization of the government is mandated expressly in
Article II, Section 1 (a), and Article III of the Freedom
Constitution;
HAVING IN MIND that pursuant to Executive Order No. 5 (1986), it is
directed that necessary and proper changes in the organization and
functional structures of the government, its agencies and
instrumentalities, be effected in order to promote efficiency and
effectiveness in the delivery of public services;
CONSIDERING that tourism is an international industry that has played a
significant role in boosting the economies of many nations and in
fostering goodwill between nations and peoples of the
world;
TAKING NOTE that, in order to realize its full tourism potential in the
magnitude suggested by the achievements of other countries which have
been developed by private enterprises as well as by government, the
Philippines, needs:
A government ministry that will:
(a)
Assist in coordinating the plans and actions of various government
instrumentalities on tourism matters;
(b) Discharge
the government’s responsibilities arising from treaties, agreements and
other commitments on tourism and travel;
(c) Provide
such other public sector services to the tourism industry as well as
formulation of standards and the compilation of statistics on tourism
and matters:
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the sovereign will of the Filipino
People and the Freedom Constitution, do hereby order.
Section 1. Title. — This Order shall be known as the
Reorganization Act of the Ministry of Tourism.
Sec. 2. Reorganization. — The Ministry of Tourism,
hereinafter referred to as Ministry, is hereby reorganized,
structurally and functionally, in accordance with the provisions of
this Executive Order.
Sec. 3. Declaration of Policy. — It is hereby
declared the policy of the State to promote, encourage and develop
Philippine tourism as a major national activity in which private sector
investment, effort and initiative are fostered and supported, and
through which socio-economic development may be accelerated, foreign
exchange earned, international visitors offered the opportunity to
travel to the Philippines and appreciate its natural beauty, history
and culture, and Filipinos themselves enabled to see more of their
country and imbued with greater pride in and commitment to the nation.
Sec. 4. Mandate. — The Ministry shall be the
primary government agency charged with the responsibility to encourage,
promote and develop tourism as a major socio-economic activity to
generate foreign currency and employment and to spread the benefits of
tourism to a wider segment of the population with the support,
assistance and cooperation of both the private and public sector, and
to assure the safe, convenient, enjoyable stay and travel of the
foreign local tourists in the country.
Sec. 5. Powers and Functions. — The Ministry shall
have the following powers and functions:
(a)
Advise the President on the promulgation of laws relative to the
policy, plans, programs and projects designed to promote and develop
the tourism industry;
(b) Formulate
policies, plans, programs and projects for the development of the
tourism industry, both domestic and international;
(c) Devise an
integrated marketing program designed to attract and induce people
abroad to visit the Philippines and enhance the prestige of the
Filipino people and the Republic;
(d) Promote
and ensure the pleasant and hospitable entry, stay and egress of
tourists;
(e) Coordinate
with any or all government agencies, civil or military, in the
implementation of this Executive Order, the Ministry’s rules and
regulations, other issuances, and enforcement of its order and/or
decisions;
(f) Formulate
standards for tourism-oriented establishments that will prescribe
minimum levels of operating quality and efficiency in order to ensure
that facilities, personnel and services are maintained in accordance
with acceptable local and international norms in the operations of
tourism-oriented establishments;
(g) Promulgate
rules and regulations governing the operations and activities of all
persons, firms, entities and establishments that cater to tourists, to
provide standards for accreditation of hotels, resorts, and
tourist-oriented facilities for classification purposes, and to
prescribe rules and regulations governing the issuance of licenses to
travel agencies;
(h) Approve
the construction standards of accredited tourism-oriented
establishments including hotels, resorts, inns, motels, and other
related facilities and services;
(i) Prescribe
information reporting on the purchase, sale or lease of accredited
tourism-oriented facilities;
(j) Ensure a
harmonious, positive and constructive development of the tourism
industry;
(k) To provide
technical assistance to the Committee on Privatization and Asset
Privatization Trust, or such other government agency, office or
institution as are charged with the duty and/or responsibility of
selling government-owned or controlled hotels, resorts and other
tourist-oriented facilities;
(l) Promote
the Philippines as a locale for foreign film or movie production or any
other form of entertainment that will serve to enhance the image of the
Philippines as a tourist destination internationally;
(m) Represent
the government in all such conferences and meetings concerning tourism
and travel and discharge such responsibilities of the government as may
arise from treaties, agreements and other commitments on tourism and
travel to which it is signatory;
(n) Prescribe
programs to encourage private-sector investment and participation in
tourism activities and projects;
(o) Compile
and integrate statistical data bank on the tourism industry;
(p) Promote
the protection, maintenance and preservation of historical, cultural
and natural assets with tourist attractions with the appropriate
government agencies or with the private sector or with the owners of
said assets or attractions;
(q) Undertake
research studies and surveys for the continuing analysis of economic
conditions and trends relating to tourism and travel;
(r) Set up and
organize foreign field offices for the purpose of overseeing all
marketing and promotional activities and implementing programs of the
Ministry;
(s) In order
to project properly and enhance the Filipino image in the entertainment
field and thereby gain better international respect and reputation for
the country, assist the appropriate government agency in auditioning
Filipino entertainers being sent abroad;
(t) Evaluate
incentives to tourist-oriented facilities, and submit its appropriate
recommendations to the President;
(u) Delegate
in writing any specific powers and functions in favor of the regional
offices;
(v) Upon
petition of the Minister of Tourism, the police district superintendent
or station commander concerned shall deputize the personnel of the
Tourist Assistance Unit of the Ministry for the purpose of enabling
them to assist in the enforcement of all laws and regulations for the
protection of tourists and other transients;
(w) Exercise
such powers and functions and other activities that may be necessary,
proper, or incidental to the attainment of its mandate;
(x) Arrange,
whenever deemed appropriate, for the reclamation of any land adjacent
to or adjoining a tourist zone in coordination with appropriate
government agencies;
(y) Coordinate
with appropriate government agencies the development of infrastructure
requirements supporting a tourist zone, such as but not limited to,
access roads to the zone, electric power brought to the proper line of
the zone, airports, harbors, and other support facilities;
(z) Coordinate
with concerned government agencies the provision of social
infrastructure requirements supporting a tourist zone as educational
facilities, health centers, social and recreational outlets and other
necessary amenities for the social upliftment of the populace and
preservation of ecological balance.
Sec. 6. Minister of Tourism. — The authority and
responsibility for the exercise of the mandate of the Ministry and for
the discharge of its powers and functions shall be vested in the
Minister of Tourism, hereinafter referred to as Minister, who shall
have supervision and control of the Ministry and shall be appointed by
the President.
Sec. 7. Office of the Minister. — The Office of
the Minister shall consist of the Minister and his immediate staff.
Sec. 8. Deputy Ministers. — The Minister shall be
assisted by four (4) Deputy Ministers appointed by the President upon
the recommendation of the Minister, namely:
(a)
Deputy Minister for Planning, Product Development and Coordination who
shall be responsible for the Office of Tourism Development Planning,
Office of Product Development, and Office of Tourism Coordination;
(b) Deputy
Minister for Tourism Services and Regional Offices, who shall be
responsible for the Office of Tourism Standards and all Regional
Offices;
(c) Deputy
Minister for Tourism Promotions, who shall be responsible for the
Bureau of International Tourism Promotion, Bureau of Domestic Tourism
Promotions, and Office of Tourism Information;
(d) Deputy
Minister for Internal Services, who shall be responsible for the
Financial and Management Service, Administrative Service, and Legal
Service.
Sec. 9. Ministry Proper. — The Ministry Proper
shall consist of the Offices of the Minister and Deputy Ministers and
shall be responsible for the preparation and development of the
policies, plans, programs, and projects of the Ministry in the context
of its mandate, powers and functions.
Sec. 10. Structural Organization. — The Ministry,
aside from the Ministry Proper, shall consist of its Services, Bureaus,
Offices, Regional Offices and Foreign Field Offices.
Sec. 11. Financial and Management Service. — The
Financial and Management Service is hereby created and shall provide
the Ministry with staff advice and assistance on budgetary, financial,
and management matters and shall perform such other related functions
as may be assigned or delegated to it by the Minister.
Sec. 12. Administrative Service. — The
Administrative Office is hereby created and shall provide the Ministry
with staff advice and assistance on personnel information, record,
communications, supplies, equipment, collection, disbursements,
security, other custodial work and such other related duties and
responsibilities as may be assigned or delegated to it by the Minister.
Sec. 13. Legal Service. — The Legal Service is
hereby created and shall provide the Ministry with staff advice and
assistance on all legal matters affecting the Ministry, and to perform
such other related functions as may be assigned or delegated to it by
the Minister.
Sec. 14. Service Character and Head. — The
services under Section s 11 to 13 hereof shall be essentially staff in
character, each of which shall be headed by a Service Chief.
Sec. 15. Bureau of Domestic Tourism Promotions and
Information. — The Bureau of Domestic Tourism Promotions and
Information is hereby created and shall the following functions:
(a)
Organize and coordinate programs of public relations, promotions, and
publicity; encourage domestic tourism and encourage overseas visitors
to travel throughout the Philippines;
(b) Design and
provide support for dissemination of materials for publicity as tourist
attractions in the Philippines; promote educational and cultural tours
to increase travel within the country;
(c) Promote,
organize, and provide support for tourist councils;
(d) Plan
promotional campaigns through advertising and publicity and coordinate
promotional efforts with the private sector through sales campaigns and
information dissemination;
(e) Organize
special events for the promotion of local destinations.
Sec. 16. Bureau of International Tourism
Promotions. — The Bureau of International Tourism Promotions is hereby
created and shall have the following functions:
(a)
Promote the Philippines as a locale for foreign film or movie
production or any other form of entertainment that will serve to
enhance the image of the Philippines as a tourist destination
internationally;
(b) Provide
support for the private sector in its promotional campaigns;
(c) Organize
special events to promote the country as a tourist destination;
(d) Gather
market intelligence and research information on tourist markets through
the Foreign Field Offices;
(e)
Disseminate current information on the country and its tourist products;
(f) Generate
favorable publicity on the Philippines;
(g) Monitor
trends and developments in international tourism through the Foreign
Field Offices;
(h) Organize,
set up and participate in international meetings, conferences and
conventions on tourism;
(i) Supervise
foreign field offices charged with coordinating and assisting in the
marketing and promotional activities and programs of the Ministry.
Sec. 17. Bureau Character and Head. — The Bureaus
under sections 15 and 16 hereof shall be essentially staff in character
each of which shall be headed by a Staff Director.
Sec. 18. Office of Tourism Information. — The
Office of Tourism Information is hereby created and shall have the
following functions:
(a)
Promote a continuing wholesome and informative relationship between the
Ministry and the travelling public;
(b) Cause the
widest publicity of existing and forthcoming activities and programs of
the Ministry through a functional relationship with the media;
(c) Organize
and disseminate promotional and tourist information materials to
various tourist assistance centers.
Sec. 19. Office of Tourism Standards. — The Office
of Tourism Standards is hereby created and shall have the following
functions:
(a)
Approve the construction standards of tourism-oriented establishments
including hotels, resorts, inns, motels, and other related facilities
and services, prescribe information reporting on purchase, sale or
lease of accredited tourism-oriented facilities and ensure a
harmonious, positive and constructive development of the tourism
industry;
(b) Formulate
operating standards for tourism-oriented establishments including
hotels and resorts, restaurants, inns, motels, and other related
facilities and services that will prescribe minimum levels of operating
quality and efficiency in order to ensure that facilities, personnel
and services are maintained in accordance with acceptable local and
international norms in the operations of tourism-oriented
establishments;
(c) Regulate
and issue licenses to qualified travel agencies in accordance with the
rules and regulations promulgated by the Minister;
(d) Encourage
formation of industry associations for accreditations by the Ministry;
(e) Assist in
auditioning Filipino entertainers in order to project properly and
enhance the Filipino image in the entertainment field and thereby gain
better international respect and reputations;
(f) Coordinate
with all agencies concerned on the enforcement of rules and regulations
promulgated by the Ministry.
Sec. 20. Office of Tourism Development Planning. —
The Office of Tourism Development Planning is hereby created and shall
have the following functions:
(a)
Formulate plans and policies for the development of the tourism
industry, including but not limited to national tourism plans and the
identification of master physical plans for tourist zones within the
country;
(b) Monitor
and evaluate plans, programs and projects of the Ministry to ensure
their effective implementation;
(c) Conduct
research studies and surveys for the continuing analysis of the tourism
industry;
(d) Compile
and integrate statistical data on the tourism industry and publish the
same;
(e) Coordinate
and assist in the implementation of tourism-related projects, plans or
operations of local governments, governmental agencies, public
corporations, and where clearly necessary and feasible, those of
private entities so as to make possible the accelerated and balanced
growth and development of tourism in the Philippines which is
responsive to the needs of targeted travel markets, domestic and
foreign, and beneficial to a greater number of Filipino communities;
(f) Analyze
specific geographic areas with potential tourism value leading to the
preparation of a national tourism development plan which will establish
the order of priority for the development plan of tourist zones;
(g) Formulate
a government plan for each zone in coordination with other government
agencies and local government(s) exercising political jurisdiction over
the area, provided that the plan of the zone to be developed shall
cover specifically those aspects pertaining to tourism; provided
further, that the tourist development plan is fully coordinated and
integrated with other sectoral plans for the area;
(h) Zone
Administration and Control: Coordinate with appropriate local
governments and other government agencies, to assist in formulating and
implementing zones regulations, including building codes, hotels
standards and such other restrictions as may be necessary within a
tourist zone to control its orderly development; preserve such
historical, cultural and/or natural assets or relics giving the zone
its tourism value and significance; and assure adherence to approved
zone development plans;
Ensure
through proper coordination with appropriate government agencies and
local private agencies the social growth of the community within a
tourist zone as well; carefully control possible negative social impact
brought about by tourism development.
Sec. 21. Office of Product Development. — The
Office of Product Development is hereby created and shall have the
following functions:
(a)
Develop and conceptualize new products which can lead to the
enhancement of tourist sites and facilities;
(b) Undertake
pilot tests for testing the viability and acceptability of new
tourism-related products and programs;
(c) Encourage
and promote joint undertakings with the private sector of new
tourism-related products and programs.
Sec. 22. Office of Tourism Coordination. — The
Office of Tourism Coordination is hereby created and shall have the
following functions:
(a)
Initiate and coordinate with all sectors, both government and private,
the development of the national tourism plans and policies;
(b) Coordinate
priority activities and projects of the Ministry, and other government
agencies, and the private sector;
(c) Enlist the
assistance and support of any or all of the government agencies in the
implementation of the policies of the Ministry;
(d) Provide
support to all tourism-related activities of the private sector needing
government assistance.
Sec. 23. Offices Character and Head. — The Office
under Section s 18 to 22 hereof shall be essentially staff in character,
each of which shall be headed by a Staff Director.
Sec. 24. Regional Office. — The Ministry is hereby
authorized to establish, operate and maintain a Regional Office in each
of the administrative regions of the country, under the immediate
supervision of the Deputy Minister for Tourism Services and Regional
Offices. A Regional Office shall be headed by a Regional Director and
shall, within its administrative region, have the following functions:
(a)
Implement laws, policies, plans, programs, rules and regulations of the
Ministry;
(b) Provide economical, efficient and effective
service to the people;
(c) Coordinate with regional offices of other
ministries, bureaus and agencies;
(d) Coordinate with local government units;
(e) Perform such other functions as may be provided
by law.
Sec. 25. Foreign Field Offices. — Subject to the
approval of the President the Ministry shall have foreign offices as
may be necessary in the marketing and promotion of the Philippines as
an international tourist destination, which shall oversee and implement
the Ministry’s marketing and promotional programs.
Sec. 26. Abolished/Transferred Agencies. —
Compliance with the following is hereby prescribed:
(a)
The Bureau of Tourism Services is hereby abolished and its functions
are transferred to the Office of Tourism Standards and Regional Offices
in accordance with Sec. 28 (a) and (b) hereof;
(b) The Bureau
of Tourism Promotions is hereby abolished and its functions are
transferred, as may be appropriate, to the Bureau of Domestic Tourism
Promotions and Bureau of International Tourism Promotions in accordance
with Sec. 28 (a) and (b) hereof:
(c) The Civil
Aeronautics Board by the nature of its responsibilities is hereby
transferred to the Ministry of Transportation and Communications in
accordance with Sec. 28 (a) and (b) hereof.
(d) The
Intramuros Administration and the National Parks Development Committee
(E.O. No. 30, 1963) are hereby transferred to the Ministry in
accordance with Sec. 28 (a) and (b) hereof.
Sec. 27. Attached Agencies. — The Philippine
Tourism Authority and the Philippine Convention Bureau shall thereby be
attached to the Ministry. Due to their operation and control over
tourist parks and attractions, the Intramuros Administration, and the
National Parks Development Committee are hereby attached to the
Ministry.
Sec. 28. Transitory Provisions. —
(a)
The transfer of functions under Sec. 26 (a) and (b) hereof shall
include such appropriations, funds, records, equipment, facilities,
other assets and personnel as may be necessary to the proper discharge
of such functions. The remaining appropriations and funds shall revert
to the General Fund and the remaining records, equipment, facilities
and other assets shall be located to such appropriate units as the
Minister shall determine or shall otherwise be disposed, in accordance
with Auditing Code and other pertinent laws, rules and regulations. The
liabilities, if any, which may have been incurred in the performance of
the same functions or for other purposes shall likewise be treated in
accordance with the Auditing Code and other pertinent laws, rules and
regulations. The herein provisions shall likewise apply in the transfer
of agencies under Sec. 26 (c) and (d) hereof.
(b) Incumbents
of the abolished bureaus under Sec. 26 (a) and (b) hereof and the
transferred agencies under (c) and (d) of the same Section shall, in a
hold over capacity, continue to perform their respective duties and
responsibilities and receive the corresponding salaries and benefits
unless in the meantime they are separated from the service pursuant to
Executive Order No. 17 (1986) or Article III of the Freedom
Constitution. Incumbents, whose position structure and staffing pattern
approved and prescribed by the Minister under Sec. 29 hereof or who
are not reappointed, shall be entitled to the benefits provided in the
second paragraph of the same Sec. 29.
(c) To apply
to and closely coordinate with the Fiscal Incentive Review Board to
evaluate and recommend appropriate incentives which are competitive
with those offered by other countries particularly within the region.
(d) After a
period of two (2) years from the approval of this Executive Order, the
mandate, powers, functions and position structure and staffing pattern
of the Ministry shall be reviewed by the President to determine the
appropriate changes which may include continuance of the Ministry or
integrating the mandate, powers or functions of the Ministry into a
corporate set-up. Any subsequent reorganization shall be approved by
the President through an appropriate Executive Order.
Sec. 29. New Structure and Pattern. — The officers
(the term “officer” as used in this Executive Order is intended to be
within the meaning of the term “official” as used in the Freedom
Constitution) and employees of the Ministry shall, in a hold over
capacity, continue to perform their respective duties and
responsibilities and receive the corresponding salaries and benefits
unless in the meantime they are separated from the service pursuant to
Executive Order No. 17 (1986) or Articles III of the Freedom
Constitution.
The new position structure and staffing pattern of the Ministry shall
be approved and prescribed by the Minister within one hundred twenty
(120) days from the approval of this Executive Order and the authorized
positions created thereunder shall be filled with regular appointments
by him or by the President as the case may be. Those incumbents whose
positions are not included therein or who are not reappointed shall be
deemed separated from the service. Those separated from the service
shall receive the retirement benefits to which they may be entitled
under existing laws, rules and regulations. Otherwise, they shall be
paid the equivalent of one-month basic salary for every year of
service, or the equivalent nearest fraction thereof favorable to them
on the basis of the highest salary received, but in no case shall such
payment exceed the equivalent of 12 months salary.
No court or administrative body shall issue any writ or preliminary
injunction or restraining order to enjoin the separation/replacement of
any officer or employee effected under this Executive Order.
Sec. 30. Prohibition Against Changes. — No change
in the reorganization herein provided shall be valid except upon prior
approval of the President for the purpose of promoting efficiency and
effectiveness in the delivery of public services.
Sec. 31. Implementing Authority of Minister. — The
Minister shall issue such rules, regulations and other issuances as may
be necessary to ensure the effective implementation of the provisions
of this Executive Order.
Sec. 32. Notice or Consent Requirement. — If any
reorganizational change herein authorized is of such substance or
materiality as to prejudice third persons with rights recognized by law
or contract such that notice to or consent of creditors is required to
be made or obtained pursuant to any agreement entered into with any of
such creditors, such notice or consent requirement shall be complied
with prior to the implementation of such reorganizational change.
Sec. 33. Funding. — Funds needed to carry out the
provisions of this Executive Order shall be taken from funds available
in the Ministry.
Sec. 34. Change of Nomenclature. — In the event of
the adoption of a new Constitution which provides for a presidential
form of government, the Ministry shall be called Department of Tourism
and the titles of Minister, Deputy Minister, and Assistant Minister
shall be changed to Secretary, Undersecretary and Assistant Secretary,
respectively.
Sec. 35. Separability. — Any portion or provision
of this Executive Order that may be declared unconstitutional shall not
have the effect of nullifying other portions or provisions hereof, as
long as such remaining portions or provisions can still subsist and be
given effect in their entirety.
Sec. 36. Repealing Clause. — All laws, ordinance,
rules, regulations, other issuances or parts thereof, which are
inconsistent with this Executive Order, are hereby repealed or modified
accordingly.
Sec. 37. Effectivity. — This Executive Order shall
take effect immediately upon its approval.
APPROVED in the City of Manila,
Philippines, this 30th day of January, in the year of Our Lord,
nineteen hundred and eighty-seven.
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Since 19.07.98.