Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

(> Receive na

=

HOUSE BILL NO. 1990

Introduced by Honorable FREDERICK W. SIAO.

EXPLANATORY NOTE

This bill requires operators of amusement or theme parks and adventure or extreme sports
facilities to institutionalize safety measures and secure comprehensive general liability insurance
coverage for all their clients.

Safety must be the number one priority of the operators of amusement or theme parks and
adventure or extreme sports facilities. With the advent of the information age and the popularity
of virtual games, amusement and sports activities have become hard core games to test the physical
limits and imagination of the players, patrons, clients and other sports enthusiasts. And because
the amusement parks and adventure sports industries are highly dynamic, the operators continue
to reinvent these enterprises.

For instance, a world-renowned theme park in the Philippines, the Enchanted Kingdom, is
continuously innovating the amusement park into an integrated destination with a complete
package for different groups that includes swimming, comfortable lodging, food and beverage,
shopping, exhibits and conventions.

the continuous technological advancement of amusenient or theme parks and
adventure or extreme sports facilities, the International Association of Amusement Parks and
Attractions emphasizes the need to strengthen the safety measures appurtenant to these activities
Therefore, it becomes imperative to institutionalize the safety measures and make the procurement
of comprehensive general liability insurance as one of the mandatory prerequisites for the
operators so that clients may safely enjoy the amenities of amusement or theme parks and
adventure or extreme sports facilities.

In

-w of the foregoing, approval of this bill is earnestly sought,



Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Ma

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1980

Introduced by Honorable FREDERICK W. SIAO.

AN ACT
REQUIRING OPERATORS OF AMUSEMENT OR THEME PARKS AND ADVENTURE,
OR EXTREME SPORTS FACILITIES TO INSTITUTIONALIZE SAFETY MEASURES
AND SECURE COMPREHENSIVE GENERAL LIABILITY INSURANCE COVERAGE
FOR THEIR CLIENTS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. ~ This Act shall be known as the “Leisure and Adventure or
Extreme Sports Safety and Insurance Act."

SEC. 2. Declaration of Policy. ~ It is the policy of the State to encourage the citizens to

engage in sports and physical acti

sas a form of recreation and to foster self-discipline.
teamwork and excellence for the development of a healthy citizenry. With the evolution of sports

and the growing interest of the public towards adventurous activities, it

also the policy of the

State to provide measures to mitigate the inherent danger associated with the bold and di

activities offered by amusement or theme parks and adventure or extreme sports faci

therefore, imperative for the State to:

(a) Require the operator of amusement or theme parks and adventure or extreme sports
facilities to secure a comprehensive general liability insurance for the client;

(b) Institutionalize standard safety measures for the protection of the client; and

(c) Require the operator to secure and update sport-specific certifications that reflect

the age, skills, trainings and technical abilities of the operator and their staff.


SEC. 3. Comprehensive General Liability Insurance. — Any persor partnership.

associat

oF corporation, operating the amusement or theme parks and adventure or extreme

sports facili

ies shall procure a comprehensive general liability insurance for all their clients. ‘T

comprehensive general liabi

insurance shall be in full force and effect for the entire period of

the operation of the amusement or theme parks and adventure or extreme sports faci

ies.

In casé the insurance is suspended, cancelled or rendered inactive. the operator shal

Teinstate, revive or procure another insurance. In the absence of a comprehensive general

insurance, the permit to operate the amusement or theme parks and the adventure or extreme spo

ts

facilities shall be suspended or revoked. In case of revocation, the amusement or theme parks and

the adventure or extreme sports faci

ities shall be ordered closed by the local government uw

where they are located.

SEC. 4. Insurance Coverage, —The comprehensive general liability i

rance shall cover
the injury, illness, or death suffered by the client of the amusement or theme parks and adventure

or extreme sports facilities due to any of the following:

(a) Malicious and negligent act of another person, inclu

ing the operator, the organizer or

sponsor or any of its staff or employee;

() Defective facility or amenity i

the amusement or theme parks and adventure or

extreme sports faci

fies: and

(©) Force majeure, that includes earthquake, typhoon, flood, fire, war, terrorist attack

oF other unforeseen event, the happening or consequence of which may not be prevented or

avoided.

SEC. 5. Insurable Activities. — A comprehensi

'y insurance shall be

secured by the operator of the amusement or theme parks for the client for sports activities such as

abseiling, parachute jumping from building, antenna, span or bridge, and earth or cliff (BASE)
bobsledding, bungee jumping, canyoning, caving, hang gliding, heli-skiing. high diving, horseback

riding, hot air ballooning, inline skating, jet skiing, zip lining, kayaking, motorcycle or all-terrain

vehicle (ATV) or motor scooter

ig. Mountain biking, parachuting, paraglidi non-

pilot

commercial aircraft, rappelling. rock climbing, scuba di

1g. skydiving, snorkeling



Snowboarding, snowmobiling, snow skiing, spelunking, surfing, trekking, wakeboarding, water

skiing, whitewater rafting, wildlife safaris, and windsurfing and other similar activities

SEC. 6. Exclusion. -No proceeds from the insurance company shall accrue to the

in case the injury, illness, disability or death is due to any of the following:
(a) Suicide or attempted suicide:
(b)  Self-inflicted injury; or

(©) Any act committed during the state of intoxication or insani

SEC. 7. Safety Regulations and Standards. To ensure the safety of the client, the safety

regulations and standards for amusement or theme parks and adventure or extreme sports fac

S

shall conform with the internationa

ly accepted standards and regulations. Further. the operator of

the amusement or theme parks and adventure or extreme sports fac

(a) Secure a permit to operate from the local government unit where the amusement or
theme parks and the adventure or extreme sports facilities are located:

(b) Possess a current sport-specific certification that reflects the ae, skills, trainings

and technical abilities of the operator and the staff to assist the client in carry

1g out the activities

involved in the amusement or theme parks and adventure or extreme sports fac

ies;
(©) Maintain on standby an emergency medical team or paramedics certified to perform
cardiopulmonary resuscitation and automated external defibrillation (CPR/AED) and first aid

‘within the duration of an activity in the amusement or theme parks and adventure or extreme sports

facilities;

(a) Impose on its staff the responsibility of being the first responder in the absence of
@ more qualified health professional in case of emergency:

(©) Document all injuries and circumstances surrounding the accident du ing the

operation of the amusement or theme parks and adventure or extreme sports facilities

Anticipation of the need for accident reports by the parent, spouse, legal guardian or relative of a
client as a prerequisite to insurance claims or other legal purposes: and

(f) Be knowledgeable and familiar of the local cul

ture of the place where the event

takes place, including relevant local history and current events,


SEC. 8. Periodic Inspection. — The municipal or city engineer of the local government

unit where the amusement or theme parks and adventure or extreme sport facilities are located
shall conduct periodic inspection of the facilities to ensure the safety of the clients

Inspection shall also be conducted at times when request for information on the operation
of amusement or theme parks and adventure or extreme sport facilities are needed as basis for the

issuance of a stop operation order of any ride or facility found to be unsafe to operate.

Any alteration, modification or relocation of a ride or facility shall require a new inspection

Likewise, inspection is mandatory when the ride or facility has given rise to an

jury to the client.

‘The operation of the relocated, altered or modified ride or faci!

ity which has resulted to an injury

to the client shall resume only after the i ispection and findings that such ride or faci

ity is safe.

If the inspector knowingly allows the operation of unsafe ride or faci

y. the inspector shall

arily be liable for any resulting injury without prejudice to the liability of the operator of the

amusement or theme park and adventure or extreme sports facilit

SEC. 9. Permit to Operate. No person, natural or juridical, shall operate amusement or

theme parks and adventure or extreme Sports faci

ies without a permit duly issued by the local

government unit where the amusement or theme parks and adventure or extreme sports fac

ies

are located. The permit to operate shall be renewed annually. subject to withdrawal or revocation

as may be determined by the municipal or city engineer during the annual inspection and in ¢

of violation of the laws, rules, regulations or safety standards on the operation of amusement or

theme parks and adventure or extreme sports facilities

The permit to operate mobile rides or facilities or those that are temporar

stalled dui

school fairs, “fiestas,” “tiangges” and the like shall also be

sued by local government u

where the mobile rides or facilities are located.

SEC. 10. Penalties. - Any person who violates Sections 3, 7, 8 and 9 of this Act shall.

upon conviction, suffer the following penalties:

(a) For the first violation, a fine of not less than One hundred thousand pesos

(P100,000.00) but not more than

e hundred thousand pesos (P500,000.00); and

(b) For any subsequent violation, a fine of not less than Four hundred thousand pesos

(P400,000.00) but not more than One million pesos (P1,000,000,00).


If the offender is an alien, the person shall be deported immediately after service of

sentence without further proceedings.
Im case of juridical entities. the directors, officers and other persons responsible for the
violation of this Act shall be held liable.

SEC. 1

Implementing Rules and Regulations. ~ Within thirty (30) days from the

effectivity of this Act, the Secretary of Tourism and the Secretary of the

interior and Loca

Government shall,

in coordination with the representatives of the different amusement or theme

parks and adventure or extreme sports association

in the country, issue the nece:

regulations for the effective implementation of this Act,

SEC. 12. Repealing Clause. ~ All laws, orders, issuances, rules and regu

ions, or parts

thereof inconsistent with the provisions of this Act, are hereby repealed, amended and modified

accordingly.

SEC. 13. Separability Clause. ~ If any part or provision of th,

unconstitutional or invalid, the other provisions or parts not affected shal

effect.

SEC. 14. Efeetivity. - This Act shall take effect fifteen (15) days alter its publication in
the Official Gazette or in a newspaper of general circulation

Approved,