REPUBLIC ACT 00003

AN ACT IMPLEMENTING CARRYING CAPACITY IN LIMITING

TOURIST INFLUX ON BEACHES AND ISLANDS OF THE PHILIPPINES

I. FACTUAL PRECEDENT

The tourism sector is one of the bright spots of the Philippine

economy. In 2017, 6,620,908 foreign tourists visited the Philippines
marking the unprecedented growth of the country's tourism industry. It
grew about 11% from the previous year's arrivals of 5,967,005.
Philippine tourism even bested the average tourism growth of Asia and
the Pacific which is at six percent and Southeast Asia at eight percent
according to the latest United Nations World Tourism Organization
(UNWTO) World Tourism Barometer. Furthermore, the World Travel
and Tourism Council projected that the direct contribution of Travel
and Tourism to our GDP will rise to Php 5,143.2 billion or 20.7% in
2027.
Our coastal resources will play an enormous role in achieving our
tourism sector’s potential. Our coastline stretches for some 36,000
kilometers and encompasses around 800 municipalities. For many
foreigners and tourists, these coastlines are our country. The
Philippines which they see is the one found in postcards and travel
blogs. The recent domestic and foreign films boasting and/or featuring
Philippine beaches in Boracay, Siargao, Palawan, La Union, Batangas,
among others, had attracted a lot more tourists to visit our beaches.

The magnitude of tourist activities, however, exceeds beyond its

carrying capacity and that results to environmental problems, among
others diminishing water quality and biodiversity loss. The unmanaged
growth has caused environmental experts to raise red flags on the
negative effects as such.

Action must be taken to preserve our nature, beaches and islands.

To this end, this presentation hereby proposes the implementation of
Beaches and Islands Preservation Act of 2018. This bill seeks to
mandate Local Government Units to formulate and implement the
carrying capacity of their local beaches and islands to limit tourist
influx.

II. PREAMBLE

WHEREAS, Section 16, Article II of the 1987 Constitution

enshrines the State policy of protecting and advancing the people’s right
to a balanced and healthful ecology in accordance with the rhythm and
harmony of nature;
 WHEREAS, Section 1, Title XIV, Book IV, of Executive Order No.
292 or the Administrative Code of 1987 provides that the State shall
ensure, for the benefit of the Filipino people, the full exploration and
development as well as the judicious disposition, utilization,
management, renewal and conservation of the country’s forest, mineral,
land, waters, fisheries, wildlife, off-shore areas and other natural
resources, consistent with the necessity of maintaining a sound
ecological balance and protecting and enhancing the quality of the
environment and the objective of making the exploration, development
and utilization of such natural resources equitably accessible to the
different segments of the present as well as future generations;

WHEREAS, Section 3(i) Chapter I, Title I, Book I of the Republic

Act (RA) No. 7610, as amended or the Local Government Code of 1991
provides that the local government shall share with the national
government the responsibility in the management and maintenance of
ecological balance within their territorial jurisdiction.

WHEREAS, pursuant to various environmental laws, persons who

caused or contributed to environmental damage must be held
accountable and must be made to pay at their expense the damage they
caused up to the same extent the environment was rendered unfit for
utilization and beneficial use;

WHEREAS, Philippine beaches and islands, being world-famous,

contributes immensely to the socio-economic growth of the country, is
vital national asset and a source of national pride;

WHEREAS, years of indiscriminate development have led to

environmental degradation, pollution and the depletion and destruction
of the Islands’ biodiversity;

WHEREAS, the continuous influx of tourists on beaches and

islands have caused disturbance in the environment;

WHEREAS, to avoid further deterioration, there is a need to

implement “carrying capacity” policy that will limit the number of
visitors to beaches and islands in a given day.

III. BODY

GENERAL PROVISIONS

Section 1 - Short Title. – This Act shall be known as “Philippine Beaches

Preservation Act of 2018”.
SECTION 2. Declaration of Policy. – The State declares tourism as an
indispensable element of the national economy and an industry of
national interest and importance. It is evidenced by number of tourist
visiting the country each year. And as part of the growing industry of
tourism in the Philippines, the need to preserve and protect our beaches
and islands must also be taken into consideration.

Towards this end, the State shall seek to:

(a) Ensure the development of Philippine tourism that is for and by

the Filipino people, conserve and promote their heritage, national
identity and sense of unity;

(b) To protect the residents' quality of life may be

compromised, considering the load capacity of destinations, not
just in the case of nature spots.

(c) Recognize the Philippine beaches and Island as it stands out for its
environmental sustainability, excellent services, continuous
capacity to amaze and novel offerings.

(d) Promote a tourism industry that is ecologically sustainable,

responsible, participative, culturally sensitive, economically
viable, and ethically and socially equitable for local communities;

(e) Encourage the private sector and operators/owners of tourist

activities continue to contribute not just to their own success, by
improving the quality of life of its residents and maintaining and
creating new facilities, but also to the success of other economic
sectors and to raising the international profile of the Islands and
beaches in the Philippines.

SECTION 3. Objectives. – Pursuant to the above declaration, the State

shall adopt the following objectives:

(a) Develop a national tourism action plan to impose carrying

capacity cap for tourist who are planning to visit our Island and
beaches.
(b) Reduce the influx of tourist to lessen the infrastructures used
by tourist as it causes a big impact on the environment and
causing negative effects, requiring considerable attention.
(c) Encourage activities and programs which promote tourism
awareness, preserve the country’s diverse cultures and
heritage in a regulated capacity.
(d) Ensure the right of the people to a balanced and healthful
ecology through conservation and restoration;
SECTION 4 Definition of Terms. – The following terms, as used in this
Act, are defined as follows:

a) “Coastal Local Government Unit” or “Coastal LGU”- refers to

LGUs bordering a coast regardless of income classification;

b) “Secretary” refers to the Secretary of Tourism;

c) "tourism operation" means a hotel, guest house, hostel, holiday

premises, house used for the provision of accommodation to
tourists, catering establishment, travel agency, destination
management company, incoming tourist agency, organized
excursion operator, tourist guide, and other tourism services,
whether licensed or not:

d) "tourist" means any person who is travelling to and staying in

places outside his usual environment for not more than one
consecutive year for leisure, business and other personal purpose
other than by taking up employment or to establish a business in
the place visited;

e) "tourist guide" means a person who guides visitors in the

language of their choice and interprets the cultural and natural
heritage of Malta and/or specific area or areas, and who possesses
a specific relevant qualification and licence issued and/or
recognized by the Authority;

f) "travel agent" means any person who, whether as principal or

agent, arranges for, advises on or undertakes to provide to
tourists and other persons, whether singly or in groups, travel
arrangements in respect of outgoing travel, including
accommodation in a hotel, guest house, hostel, holiday premises
or house used for the provision of accommodation to tourists;
travel by air, land or sea; organised excursions and all other
matters normally or by custom connected with the tourism
industry; but does not include a hotel keeper, guest house keeper,
keeper of holiday premises, a person who provides
accommodation to tourists in a house, a tourist guide, a supplier
of transport services, an incoming tourism agency, a destination
management company or an organised excursion operator and
"travel agency" shall be construed accordingly;

g) "travel package" means the pre-arranged combination of no fewer

than two of the following when sold or offered for sale at an
 inclusive price and when the service covers a period of more than
twenty-four hours or includes overnight accommodation:
a. transport;
b. accommodation;
c. other tourist services not ancillary to transport or
accommodation and accounting for a significant proportion
of the package, and shall include such prearrange
combinations even when various component thereof are
billed separately;

h) "traveller" means any person who contracts with a license

toursim operation for the provision of any travel or travel related
services of any and every kind by such licensed tourism operation.

SECTION 5. Administration

IV. SEPARABILITY CLAUSE—If any section or part of this Act is held

unconstitutional or invalid, the other sections or provisions not
otherwise affected shall remain in full force or effect.

V. EFFECITIVITY DATE—This Act shall take effect after fifteen (15)

days following the completion of its publication either in the
Official Gazette or in at least two (2) national newspapers of
general circulation.

a. SPONSORS

BASILIO, PRINCESS
DE LA CUESTA, BLANCHE KHAYLIL P.
NASEEF, ACRAMI
VALLEJO, NOREEN PATRICIA