REPUBLIC ACT 00003

AN ACT TO IMPLEMENT CARRYING CAPACITY IN LIMITING

TOURIST INFLUX ON BEACHES AND ISLANDS OF THE PHILIPPINES

Explanatory Note

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. The number of tourists traveling to beaches
keeps increasing while the resources remain the same; this results in a
lot of trash, noise and overcrowded boats that makes accidents more
likely and long-term environmental damage unavoidable.

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

To this end, this presentation hereby proposes the implementation of
Philippine Beaches 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. This bill
further proposes the creation of Regulatory Board for the purpose of
regulating tourist influx in our beaches or islands, and ensure
compliance with the rules which may be further established.
 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.
 ARTICLE I
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) “Regulatory Board”- refers to the Regulatory Board for

Preservation of Philippine Beaches established under this Act;

b) “Philippine Beaches Preservation Framework” or “Framework”-

refers to the Framework to be established by the Council under
this Act;

c) “Secretary”- refers to the Secretary of Tourism;

d) "tourism operation"- refers to 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:

e) "tourist"- refers to 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;

f) "tourist guide"- refers to 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 license issued and/or
recognized by the Authority;

ARTICLE II
THE NATIONAL COUNCIL FOR PRESERVATION OF PHILIPPINE
BEACHES
 SECTION 5. Establishment of the Regulatory Board. The
Regulatory Board for Preservation of Philippine Beaches is hereby
established. The Regulatory Board shall be the policy-making, standard-
setting, planning, coordinating, enforcing, monitoring, and advisory
body of the government on preservation of Philippine beaches. The
Regulatory Board shall be independent agency attached to the
Department of Environment and Natural Resources, with a separate
budget under the General Appropriations Act.

SECTION 6. Powers and Functions of the Regulatory Board.- The

Regulatory Board shall be empowered to:

a) To cause the conduct of study in the area to determine the

carrying capacity of each island or beaches taking into
consideration the characteristic features and condition of
the area;

b) To promulgate rules and regulations to carry out the

purposes of this act;

c) To adopt measures for the preservation and control of

activities that may threaten the ecological balance in the
area;

d) To perform such other functions as may be necessary or

Incidental to the implementation of the purposes of this act;

SECTION 7. Composition.- The Regulatory Board shall be

composed of:

a) The Governor of the province under whose jurisdiction the

area where the beach is located

b) The Provincial Administrator of that province

c) The Head of the Provincial Tourism office

d) The Provincial Environment and Natural Resources Officer

e) One (1) representative from the municipality where the

beach is located

f) One (1) representative from the barangay where the beach

is located

g) Representative from the youth sector

 The regulatory board shall, by majority vote decide matters
relating to their duties and functions.
SECTION 8. Components of the Framework- The Framework shall
include, but not be limited to, the following measurable components:

a) Ecological Waste Management

b) Water quality and sanitation
c) Presence of floatable materials, such as plastics, aluminium
cans, and bottles;
d) Accessibility;
e) Preventing and reversing beaches and islands degradation;
f) Beaches and islands cleanliness and/or visible pollution;
g) Presence of emergency health services;
h) Protection of marine flora and fauna; and
i) Other measurable and reasonable quality standards
pursuant to the declared state policy of the Act or other
related laws or rules and regulations.

ARTICLE III
ROLE OF NATIONAL GOVERNMENT UNITS

ARTICLE IV
ROLE OF LOCAL GOVERNMENT UNITS

SECTION. Local Carrying Capacity Cap Tourist Plan.-Respective LGUs

shall formulate and implement their respective Local Carrying Capacity
Cap for Tourist Plans, herein referred to as “the plan”, to ensure the
regulated influx of tourist within their jurisdiction. The plans shall
include, but not be limited to:

a) Promotion of the carry capacity cap, visitors will be limited to a

certain number of persons per day;

b) Banning tourists and locals from collecting samples flora and

fauna found in coastal recreational areas;

c) Inspection by the authority involved have to control the number

of visiting tourists by asking the tour companies to report how
many clients they have and when the number reaches the
maximum, to warn them about the imposed limit.

ARTICLE V
FINAL AND TRANSITORY PROVISIONS
SECTION. Appropriations.- The amounts necessary to implement this
Act shall be taken from the current budget of the Department of
Environment and Nationa Resources. Thereafter, such amounts
necessary to effectively carry out the provisions of this Act shall he
included in the annual General Appropriations Act.

SECTION. Penalty for Non-Compliance of LGUs.- Local government

officials who fail to formulate and implement their Local Carrying Cap
for Tourist Plan shall be charged with the penalty of dereliction of duty
as defined under Chapter IV, Section 6 of Republic Act No. 7160 under
Republic Act No. 7160. otherwise known as the “Local Government Code
of 1991 “.

SECTION. Implementing Rules and Regulations.- The DENR. DOT, DOTr,

DPWH, DOTr, DOll, DILG shall promulgate the implementing rules and
regulations of this Act within ninety (90) days from its effectivity.

SECTION 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.

SECTION 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.

SECTION Sponsors.

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