FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
) 
SENATE 
~ 
Introduced by Senator Antonio “Sonny” F. Trillanes N 
EXPLANATORY NOTE 
The tourism industry has significantly contributed in our country’s economic growth and 
development. The influx of millions of foreign travelers who wish to enjoy the natural 
beauty of our country contributed to the increase in tourist expenditure revenue which 
translates to profits for our tourism establishments such as hotels and resorts, and 
employment to thousands of Filipinos in the tourism industry. In 2007, the Secretary of 
Tourism, Sec. Durano, revealed that visitor revenue grew to an average of 20.1 percent 
over the last three years’. 
However, in order for us to sustain this growth and for us to encourage others who would 
want to explore the natural splendor of our country, we need to enhance the country’s 
reputation as a tourist-friendly country. We must establish a thriving and responsible 
travel industry which provides quality services, not only to foreign travelers but to 
domestic travelers as well. 
This bill seeks to ensure that travel agents only provide the highest quality service, one 
which is fair, effective, responsive and courteous by regulating their profession. The bill 
also seeks to protect the interest of both foreign and local travelers. 
In view of the foregoing, immediate approval of this measure is earnestly sought. 
AN‘I~OAO 
“SONNY’~ 
F. TRLLLANES JY 
Senator 
I Data retrieved from http://~.dot~cvc.eov.~~isitor%2011iformation/updates.htm1#anc1ior609465 
on 
July 1,2008. 
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FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
1 
8 
@CT -13 
, <, 
Introduced by Senator Antonio “Sonny” F. Trillaues IV 
AN ACT 
DEFINING AND REGULATING THE TRAVEL AGENTS PROFESSION 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled. 
Section 1. Short Title. - This Act shall be known as the “Travel Agents Act of 
2008” 
See. 2. Declaration of Policy. It is the policy of the State to promote Philippine 
tourism as an indispensable element of the national economy. Thus, the State shall 
enhance the reputation of the country as a tourist-friendly country in Asia by protecting 
the interests of the local and foreign travelers in the Philippines. 
See. 3. DeJinition of Terms. - As used in this section, the term - 
(1) 
“Philippine Tourism Authority or PTA” pertains to the existing 
implementation arm of the Department of Tourism. 
(2) 
(3) 
“License” means a license granted under this Act. 
“Licensee” means any person who holds a license granted to him or any 
other person in its behalf. 
(4) 
“Secretary” pertains to the secretary of the Department of Tourism (DOT). 
Sec. 4. Application of This Act. 
(1) 
Nothing in this Act shall be construed as requiring any executor, 
administrator, trustee, liquidator, official receiver, trustee in bankruptcy of a bankrupt 
estate, trustee under a composition or scheme of arrangement or under a deed of 
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arrangement or under a deed of assignment, committee of the estate or person of a 
mentally ill person, or manager of the property of an incapable person, for the purpose of 
performing his functions, exercising his powers or carrying out his duties as such, to hold 
a license; 
(2) 
Notwithstanding anything in subsection (I), it shall not be lawful for any 
of the persons referred to in that subsection in whom is vested the management of the 
business of any travel agent to carry on that business at any time after the expiration of 
three (3) months from the date on which the management of that business was so vested, 
unless that person holds a license; 
(3) 
Nothing in this Act shall be construed as relieving any person from the 
obligation to take out a license under any written law for the performance of any 
function, the exercise of any power, or the carrying out of any duty for which a license 
shall not have been required if this Act had not been passed or to pay the fee payable in 
respect of any such license. 
(4) 
Nothing in this Act shall be construed as requiring the Official Assignee 
performing his duties as the trustee in bankruptcy of the property of a bankrupt to hold a 
license. 
Sec. 5. Definition of the Functions of a Travel Agent. - 
(1) 
Subject to this section, a person carries on the business of a travel agent if 
sells tickets entitling an individual to travel, or otherwise arranges for a 
person a right of passage on any conveyance (not being a prescribed 
conveyance); 
sells to, or arranges or makes available for, a person rights of passage 
to, and hotel or other accommodation at, one or more places (being 
places within or outside the Philippines, or some of which are within 
and others of which are outside the Philippines); 
purchases for resale the right of passage on any conveyance (not being 
prescribed conveyance); 
carries out such activity as may be prescribed; or 
holds himself out as, or advertises that he is, Willing to carry on any 
activity referred to in paragraph (a), (b), (c) or (d). 
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(2) 
An individual does not carry on the business of a travel agent by reason 
only of carrying on in the course of his employment any activity referred to in subsection 
(1). 
(3) 
A person does not carry on the business of a travel agent in respect of any 
activity referred to in - 
(a) subsection (l)(a) if he carries on the activity in respect of a 
conveyance of which he is the owner; or 
@) 
subsection (l)(b) if he carries on the activity in respect of a 
conveyance and place of accommodation of which he is the owner. 
A person does not carry on the business of a travel agent by reason only of 
holding himself out as, or advertising that he is, Willing to carry on any activity to which 
subsection (3)(a) or (b) applies. 
(4) 
Sec. 6. The Role of the Philippine Tourism Authori@. - The Department of 
Tourism thru the Philippine Tourism Authority or PTA shall be responsible for the 
administration of this Act and may authorize any of its officers to exercise any of the 
powers conferred upon and perform any of the functions imposed upon PTA by this Act 
on its behalf. 
Sec. 7. Persons Carrying on Business of Travel Agent to be Licensed - 
(1) 
No person shall carry on the business of a travel agent unless he is the 
holder of a license granted to him or any other person on his behalf. 
(2) 
Any person who contravenes or fails to comply with subsection (1) shall 
be guilty of an offense and shall be liable on conviction to a fine not exceeding P20,OOO 
or to imprisonment for a term not exceeding two (2) years or to both. 
Sec. 8. Application for License. 
(1) 
Any person who desires to obtain a license shall make an application to 
the PTA in such form as the PTA may require. 
(2) 
Upon receiving an application under subsection (l), PTA shall consider 
the application and may grant a license, With or without conditions, or refuse to grant a 
license. 
(3) 
PTA shall refuse to grant a license if - 
(a) satisfactory evidence has not been produced of the good fame and 
character of the applicant or, if the applicant is a company, of its 
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officers holding a managerial or an executive position or, if the 
applicant is a firm, of the members of the firm; 
satisfactory evidence has not been produced to show that the applicant 
is a fit and proper person to hold a license; 
the applicant or, if the applicant is a firm, any member of the firm, has 
been convicted of any offense involving fraud or moral turpitude or, if 
the applicant is a company, any of its officers holding a managerial or 
an executive position has been convicted of any offense involving 
fraud or moral turpitude; or, 
(d) PTA considers it in the public interest to do so. 
(b) 
(c) 
(4) 
PTA may at any time vary or cancel any of the existing conditions of a 
license or impose conditions or additional conditions thereto. 
(5) 
PTA shall, prior to taking any action under subsection (4), notify its 
intention to take such action to the licensee concerned and shall give the licensee an 
opportunity to submit reasons why the conditions of his license should not be so varied or 
cancelled. 
(6) 
those conditions. 
(7) 
Where a license is subject to conditions, the licensee shall comply with 
Any person who is aggrieved by a decision of the PTA under this section 
may, within one month of being notified of the decision of the PTA, appeal against such 
decision to the Secretary of the Department of Tourism whose decision shall be final. 
See. 9. Limit as to Number of Licenses Granted - PTA may, with the approval 
of the Secretary of the Department of Tourism, limit the number of licenses to be granted 
under this Act. 
Sec. 10. Annual License Fee. Every licensee shall pay such license fee as may be 
prescribed by PTA. 
Sec. 11. Displaying of License 
(1) 
Every licensee shall exhibit his license or a certified copy thereof in a 
conspicuous place at his principal place of business and at every branch where the 
licensee carries on the business of a travel agent. 
(2) 
Any person - 
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(a) who contravenes or fails to comply with subsection (1); or 
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(b) who, not being the holder of a license, keeps up or exhibits on or near 
his office, house or place of business or exhibits anywhere or allows to 
remain unobliterated any sign, writing, painting or other mark 
implying that such office, house or place of business is that of a person 
licensed to carry on the business of a travel agent, 
shall be guilty of an offense and shall be liable on conviction to a fine not exceeding 
P20,OOO or to imprisonment for a term not exceeding two (2) years or to both. 
Sec. 12. Revocation and Suspension of License. 
(1) PTA may by order revoke or suspend a license - 
(a) 
if PTA is satisfied that the licensee - 
(i) 
has ceased to carry on the business for which he has been 
licensed or, if the licensee being a company, goes into liquidation 
or is wound up or otherwise dissolved; 
improperly obtained his license contrary to the provisions of this 
Act; 
(ii) 
(iii) is no longer a fit and proper person to continue to hold the 
license; 
(iv) has been convicted of any offense involving dishonesty or moral 
turpitude or, if the licensee is a company, any of its officers 
holding a managerial or an executive position or, if the licensee 
is a firm, any member of the firm has been convicted of any 
offense involving fraud or moral turpitude; 
is carrying on or has carried on the business of a travel agent in 
such a manner as renders him d i t  to continue to hold a license; 
(vi) is contravening or has contravened any of the provisions of this 
Act or any regulations made thereunder; or 
(v) 
(vii) has been convicted of any offense under this Act or any 
regulations made thereunder or, if the licensee is a company, any 
of its offkers holding a managerial or an executive position has 
been convicted of any offense under this Act or any regulations 
made thereunder; or 
(b) if PTA considers it in the public interest to do so. 
(2) PTA shall, before revoking or suspending any license under subsection (l), 
give the licensee concerned notice in writing of its intention to do so, 
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specifying a date, not less than 21 days after the date of the notice, upon 
which such revocation or suspension shall take effect and calling upon the 
Iicensee -cmcemed to show cause to the PTA- why hfs Ficense should net be 
revoked or suspended. 
(3) When PTA has revoked or suspended a license under subsection (l), PTA 
shan forthwith infon;: the Zcensee concexed by notice in vxitii~g of the 
revocation or suspension. 
(4) The person whose license has been revoked or suspended may, within 14 days 
after the recGpt of the n&ce referred to in dxectior, (3j, or sac5 extended 
period of time as the Secretary of the Department of Tourism may allow, 
appeal in writing against the revocation or suspension to the Secretary whose 
decision shall be final. 
(5) An order of revocation or suspension shall not take effect until the expiration 
of a period of 14 days after PTA has informed the licensee Concerned of the 
order. 
(6) If within that period the licensee concerned gives due notice of appeal to the 
Secretary, the order shall not take effect unless the order is confirmed by the 
Secretary or the appea? is for any reason dismissed by the Secretary or is 
withdrawn. 
Sec, 13. Effect of reviicntfon afidsiqemfm cf lfcense. 
(1) 
Where an order of revocation or suspension becomes effective under 
section 12, the licensee concerned shall forthwith cease to carry on the business of a 
trave? agent. 
(2) 
Subsection (1) shall not prejudice the enforcement by any person of any 
right or claim against the licensee concerned or by the licensee concerned of any right or 
cIaim against any person arising out of or concering a q  mztter or thing done prior to 
the revocation or suspension of the license. 
Scc 14. Fzrfiishing i~cfirrec: pnrtkulars k npplicntim - Aty person who in 
any application for a license makes any statement which is not correct in any material 
particular shall be guilty of an offence and shall be liable on conviction to a fine not 
exceeding Pl0,OOO. 
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Sec. 15. Wrongfiul conversion and false accounts. 
(1) 
Any licensee who - 
(a) fraudulently converts to his own use or to the use of any other person - 
(i) 
any money or part thereof received by him on behalf of any 
person in respect of any transaction in his capacity as a travel 
agent; or 
(ii) any money or part thereof so received which are held by him in 
trust pending the completion of any transaction; 
(b) fraudulently omits to account for, deliver or pay - 
(i) 
any such money or part thereof so received by him on behalf of 
any person to such person; or 
(ii) any such money or part thereof so received by him which are or 
were held by him in trust as aforesaid pending the completion of 
the transaction to the person or persons entitled to such money; 
or 
(c) fraudulently renders an account knowing such account to he false in 
any material particular of - 
(i) 
any such money or part thereof so received by him on behalf of 
any person, 
(ii) any money so received by him which is or was held by him in 
trust pending the completion of any transaction or any part of 
such money; or 
(iii) expenses, commission or other charges incidental to any 
transaction or proposed or contemplated transaction as a travel 
agent, 
shall be guilty of an offence and shall be liable on conviction to imprisonment for a term 
not exceeding 3 years. 
(2) 
Nothing in this section shall be construed to limit or in any way affect the 
provisions of any other written law. 
Sec. 16. Power to searchprewkes. - Any officer of PTA or any police officer, on 
being satisfied upon any information and after any further inquiry which he thinks 
necessary that there is good reason to believe that any place is used for the carrying on of 
the business of a travel agent by a person who is not the holder of a license, may with 
such assistance and by such force as is necessary, by day or by night - 
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(a) 
(b) 
enter or go to the place and search the place and all persons found therein; 
seize all documents and things reasonably supposed to have been used or 
intended to be used in connectior, with the bnsiness of a trwe! agent w!Gch 
are found in the place or on such persons; and 
detain all such persons until they and the place have been searched. 
(c) 
Sec. 17. Power to arrest. - 
(1) 
Any police officer or any officer of PTA duly authorized in writing in that 
behaifby the Board may without warrant arrest any person whom he reascnab?y suspects 
to have committed an offence under this Act. 
(2) 
Any police officer or any officer of PTA duly authorized in writing in that 
behalf by PTA arresting a person under subsection (1) may search that person and tcke 
possession of all articles found on him which, there is reason to believe, were used in 
connection with the offense. 
(3) 
E-;ery person so arrested aha11 be taken to the P?A office or a po!ice 
station. 
(4) 
No woman shall be searched except by a woman. 
See. 18. Power to Investigate. - In any case relating to the commission of an 
offense under this Act, any police officer and any officer of PTA duly authorized in 
writing in that behalf by the PTA may seize items or e~idence corxected -?&!I 
the 
commission of the offense. 
Sec. 19. Paveis o/the PT’. - 
Any police officer and any officer of the PTA duly authorized in writing in that 
behalf by the PTA shall, for the purposes of the execution of this Act, have power to do 
a11 or any of the fo!lovving: 
(a) to enter, inspect and examine, by day or by night, the place of business of 
any licensee; 
to require the production of records, accounts and documents kept by o 
licensee and to inspect, examine and copy any of them; and 
to make such inquiry as may be necessary to ascertain whether the 
provisions of this Act are complied with so fx as regards ony person 
employed by a licensee to assist in the work of a travel agent. 
(b) 
(c) 
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Sec. 20. Obstruction of search, etc. - 
Any person who - 
(a) 
refuses any police officer or any officer of the B o ~ d  
authorized to enter 
or search access to any place; 
assaults, obstructs, hinders or delays him in effecting any entrance which 
he is entitled ti: eKect under this Act, or in the exemtion of arry duty 
imposed or power conferred by this Act; 
fails to comply with any lawful demand of a police officer or an officer 
of the 5oard in the execution of his dttiy uxkr this Act; or 
(d) refuses or neglects to give any information which may reasonably be 
required of him and which he has it in his power to give, 
shall be gufty of an offence and shan be liable on conviction to a k e  not exceeding 
P10,OOO or to imprisonment for a term not exceeding 12 months or to both. 
(b) 
(c) 
See. 21. Liab;li@ of directors, gsrtners, etc. - 
(1) 
Where an offense under this Act has been committed by a company, any 
person, who at the time of the commission of the offence was a director, secretary, 
manager or other officer of the company or who Ci.as pxporting to act in any such 
capacity, shall be deemed to be guilty of that offense and shall be liable to be proceeded 
against and punished accordingly unless he proves that the offense was committed 
without his consent or connivance an6 that he exeicised such diligence to prevent the 
commission of the offense as he ought to have exercised having regard to the nature of 
his function in that capacity and to all the circumstances. 
(2) 
Any person who ~voulb have been gufity of an oEense if anything hac! 
been done or omitted to be done by him personally shall be guilty of the offense and shall 
be liable to the same penalty if such thing had been done or omitted to be done by his 
partner, agent or servant in the course of partne:ship business or in the course of his 
employment, as the case may be, unless he proves that the offense was committed 
without his knowledge or consent and that he took all reasonable precautions to prevent 
the doing or omission to do such thing. 
(3) 
Nothing in subsection (2) shall relieve any partner, agent or servant from 
any liability for an offense. 
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See. 22. Disclosure of informadon - 
(1) 
A person shall not disclose any information obtained by him in connection 
with the administrciticn or execution cftkis Act, d e s s  the disckmre is m d e  
(a) with the consent of the person from whom the information was 
obtained 
in connection with the adnGnistration or execution of this Act; 
for the purposes of any legal proceedings arising out of this Act or of 
any report of such proceedings; or 
for the pwpose of objecting to aii application for a Iiceiise or of any 
investigation conducted under this Act. 
(b) 
(c) 
(d) 
(2) 
Any person who contravenes subsection (1) shall be guilty of an offense 
and shall be liab!e on conviction to a fine not exceeding P5,OOU o: to impiisoiiinxmt for a 
term not exceeding 6 months or to both. 
Sce. 23. Service of notices, or&n and szbpoenas - Any notice, Cider, 
determination, certificate or subpoena that may be given, made or issued under this Act 
may be served - 
(a) 
(b) 
by delivering it personally to :he person to whom it is oddressed; or 
where it is addressed to the licensee - 
(i) 
by delivering it to any place shown on the application for the license as 
the licensee’s place of resideiice or business and by leoving it &ere 
with some person for that licensee; or 
(ii) by posting it by registered post in an envelope duly stamped and 
addressed to the person to whoni it is addressed ot any place shova on 
the application for the license as the licensee’s place of residence or 
business, 
and shall be deemed to have been served tipon i+ 
G I.-: u,,tiig so de!ivered or, in :he case of a 
notice, order, certificate or subpoena served as referred to in paragraph (b)(ii), shall be 
deemed to have been served when it would be delivered in the ordinary course of post. 
Sec. 24. Service of notice, summons, writ or other proceedings on PTA. - Any 
notice, summons, writ or other proceedings required to be served on PTA may be served 
by being left wit3 some person apparently employed fn the adminiseation of this Act at 
the PTA office or, in the case of a notice, by posting it by registered post in an envelope 
duly stamped and addressed to PTA at its office, and shall be deemed to have been served 
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upon its being left or, in the case of a notice served by so posting it, shall be prima facie 
deemed to have been served when it would be delivered in the ordinary course of post. 
Sec. 25. Authentication of documents. - Every summons, process, demand, order, 
notice, statement, direction or document requiring authentication by PTA may be 
sufflciently authenticated without the sea? of the PTA if sigred by the Genera1 Manager 
of PTA. 
SCC. 25. Sanction j b r  priisccutkm - No court sha!! take cognizace of aEy 
offense under this Act or any regulations made hereinafter except with the sanction in 
writing of the Public Prosecutor. 
Sec. 27. Conduct of proceedings. - Proceedings in respect of any offense under 
this Act or any regulations made hereinafter may be conducted by any officer authorized 
in writing in that behalf by the General Maiiager ofPTA. 
See. 28. Composiiion of offenses. - 
(1) 
The PTA mvy, in its discretios compcGd any offense >;r,der tbzs Act cr 
any regulations made hereinafter which is prescribed as a compoundable offense by 
collecting from a person reasonably suspected of having committed the offense a sum not 
exceeding P5,OOO. 
(2) 
The PTA may, with the approval of the Secretary, make regulations to 
prescribe the offenses which may be compounded. 
See. 29. Regulations. - 
(1) 
PTA may, with the approval of the Secretary, make regulations generally 
for the carrying out of the provisions of t5is Act and, in paticdtiz, may make reguIa5ons 
for all or any of the following purposes: 
(a) prescribing the information and documents to be furnished by an 
app!icant for a license; 
(b) prescribing the forms to be used under this Act; 
(c) 
prescribing the procedure to be followed on applications and other 
proceedings mder this Act; 
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(d) prescribing the books, accounts (including trust accounts) and records 
to be kept by a licensee and the form and mode of keeping such books, 
account-, and records, 
prescribing the fees payable in respect of licenses granted under this 
Act; 
prescziing the conditions foi E license g a t e 6  a d c r  this Act; 
(e) 
(f) 
(g) regulating the conduct of travel agents in their business and 
prescribing a code of conduct for travel agents; and 
to exempt any persons or cIasses of persons fiom the provisions of this 
Act. 
(h) 
(2) 
Such regulations may provide that a contravention thereof shall be 
punishable with a fine ncrt exceeding P20,OOO or -with imprisoxTent for a t e a  not 
exceeding 12 months or with both and, in the case of a continuing offense, with a further 
fine not exceeding P1,OOO for every day during which the offense continues after 
conviction. 
Sec. 30. Separability Clause. - If any provision of this Act is declared 
unconstitutional or invalid, the remainder thereof not &ected therebjj shzi!! continue to be 
in full force and effect. 
Scc. 31. Eepenlitlg Ciiasc. - 411 laws, decrees, orders, rules and ieguIations or 
other issuance or parts thereof inconsistent with the provision of this Act are hereby 
repealed, amended or modified accordingly. 
Sec. 32. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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