SIXTI':I~N'j11 C:ONCilZI,:SS OF Till': Rl\PIJBLIC 
OF Tlil': I'IIILII'I'INI':S 
I;irst Regulnr Session 
SI;NATE 
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S, No,_1839 
!'Is",'" ("I' 'i. r~-' 
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Introduced by Senator Miriam I )cfcnsor Santiago 
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I':XI'LANATORY NOTE 
The Constitution, Article 2, Section 5 provides: 
Scc, 5. xxx The promotion of the general welfare are essential 
[()J' the enjoyment by all the people of the hlessings of democracy, 
Article I (', Section 9 provides: 
Seetion 9, The State shall protect consumers li'o\TI malpractices 
and li'om substandanl or hazardous products, 
With the rise of the World Wide Web anc! increased accessibility of internet 
serviecs, travcl arrangcments to various destinations have become easier to accomplish, 
Today, travcl arrangements can bc done online. Many airlines and other travel companies 
already sell directly to passengers through their wcbsites; similarly, travel agencies have 
devdoped an internet presence by creating travel wcbsites, with detailed information and 
online booking capabilities. 
In till; I'h iii ppines, thc purchase 0 I' travel packages and tours arc also done through 
group buying web sites. Group buying, also known as "collective buying" is a type of 
business that sells di ITercnt products and services to its buyers on a discounted price, on a 
eontiitionthatthc scllers would meet a specified quota of buyers, Group buying wcbsites 
havc cmerged as a major player in online shopping business, 
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This bill seeks to protect the health and safety of consumers hy requiring all site 
operators or locally-hosted travel or shopping websites to provide information regarding 
the health and sa icty risks that may be associated with a particular travel destinatioll. 
The bill also requires the website to have a mechanism i(Jr complaints and 
rcedbl(ck ill order to alert all other consumers who may havc had unfortunate experiences 
with that particular site.
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1 This bill was filed in the US House of Representatives by Rep. Markey as II.R.1370 -- International 
Travelers nill or Rights Act oUO 13. 
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SIXIl~I~NTII CONURI';SS OF TilE RI~I'LJl3L1C 
OJ! '1'111; I'lIlLlI'l'lNFS 
I,'irst Rcgular Session 
) 
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'13 
OEC -) P2 :21 
SL':NATE 
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S. No. 
1989 
RECEIVEDUY~·r 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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TO RHQlJlRli SITL OI'HRATORS OJ! LOCALLY-lIOSTED WRBSITliS TO 
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I'ROYI!)I': INI,'ORMA'l'ION RECiARDING llEALnr AND SAFETY RlSKS 
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ASSOCIATI.:D WITIl TI{AvEL DLSTINATIONS MARKLTED ON THEIR 
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WLLlSITES. 
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fJe it em/cicci hy the Senate and f!ousc of Representatives of the Philippines in 
Congress 1I.I·sembled: 
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SI':CTION I. Short Titie. - This Act shall be known as the "Online Travel Safety 
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Act." 
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S 1 iC'I'1 () N 2. /)ecial'(lt ion 4 Policy. ... lt is herehy declan;cl the policy 0 f the State 
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protect the healih and safety or the consumer; it shall also protect the consumer against 
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deceptive sales acts or practices. As such, the State shall regulate the sale, marketing and 
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advertisement ortravc! services online. 
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SI':CTION 3. f)elil/ition o/Tcrms . .. For purposes of this act, the following terms 
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shall have the corresponding meaning: 
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A) "Sitc Operator" shall reler to an individual or entity that operates a locally-
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hostcd website that provides access to travel services. Such term includes local 
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and ovcrseas vacation destinations or a third party that operates a wehsite that 
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olTcrs international and local travel services. 
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(3) "()TI" shall rcfer to the Departmcnt of'Tradc and Industry. 
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C) "LWA" shallrcfer to the Department of Foreign Afhlirs. 
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D) "DOli" shall refer to the Department 0[' I kallh. 
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snCTION 4. /)rovidil1,~ lnfhrmation Regarding The Potential J icalth and Safcty 
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Risks Associated 'with international lind j,ocal Travel Destinations. -
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A) In General - A site operator shall provide inConnalion on its wehsite to 
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conSlllllers in a clear and conspicllolls man ncr regarding the potential health 
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,lIld salCty risks associated with travcl destinations marketed on its website, if 
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any, including the /i)lIowing: 
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(I) Inl(mnation compiled by the Department of Foreign Affairs and 
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Departmcnt or Tourism rcgarding international and local travel warnings 
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and alerts. 
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(2) Iniimmltion compiled by the Dept. of Health regarding travel and 
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destination health alerts. 
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(3) 11l1(mmltion regarding the onsite health and saJ(;ty scrvlees that arc 
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available to conslimers at each travel destination, including whether the 
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dcstination--
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(a) cmploys or contracts' with a physician or nurse on the premises to 
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providc medical trcatmcnt for guests; 
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(b) crnploys or contracts with personnel, other than a physician, 
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nurse, 
or Ii feguard, 
on the premises 
who arc 
traincd 
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cardiopulmonary rcsuscitation; 
(c) has an automated external defibrillator and employs or contracts 
with I or morc individuals on the prcmises trained in its usc; and 
(d) employs or contracts with I or more Ii feguards on the premises 
trained in cardiopulmonary resuscitation, if the overseas vacation 
(il:stination has swimming pools or othcr water-based activities on its 
premises, or in areas under its control for use by guests. 
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JI) Services Nol Available 24 !Iours a Day - If the onsite health and safety 
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services at a travel destination are not available 24 hours a clay, 7 days a week, 
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the site operator shall display the hours and days oj' availability on its Web site 
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in a clear and conspicuous manner. 
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C) !II/Iml/otion Not Available - I f the onsite health and safety services described 
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ill subsection (A)(3) are not available at an overseas vacation destination, or if 
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lhe site operator docs not possess inlormation on the onsite health and safety 
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services required 10 be displayed on its Web site, the site operator shall display 
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in a clear alld conspicuous manllcr the following: "T'his destination does not 
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provide certain health and safety services, or information regarding such 
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services is not available. Travel to this destination may pose an increased risk 
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to your health or safety.'. 
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SI':CTI()N 5. Consumer Complaints. -
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(A) Sus[JClIsio/l. - A site operator shall establish a process under which '0verseas 
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travci destination will be slispended ii'om its website as a result of complaints 
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li'om consumers to the site operator regarding poor mcdical care, unsafc or 
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ullsanitary I(leilities, or other health-related isslles with respect to such 
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destination. 
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(H) l'uhlic Avui/ahility - A site opcrator shall make all complaints submitted by 
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consulllers publicly available on its website and may modify thc contents of 
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such complaints at the requcst of the complainant or may rcmove offensive 
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lauguage and personal identification in formation. 
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SI':CTION 6. Penallies. -- Any person who violates any of the provisions of this 
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Act shall, upon conviction, be subject to imprisonment 01' not less than one (1) year but 
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not more than live (5) yellrs, or a Jine of not less than Five thousand pesos (1'5,000.00) 
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but not more than Ten thousand pesos (1'10,000.00), or both such imprisonment andlinc, 
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in the discretion o['the Court. Should the offense be committed by a juridical person, the 
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Chairman of the '~()ard of Directors, the President, General Manager, or thc partners 
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und/or per~\ln~ directly re~ponsible therefor shall be penalized. 
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SLCTION 7. Impiementing Agency. - The Department of Trade and Industry shall 
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enl'orce the provisions of this Act. 
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SI\CTION R. Implementing Rules and Regulations (iN!?). - The Department of 
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Trade, in consultation with the Department of Tourism, Department of Health and 
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Department 0[' "oreign A[Tairs, shall promulgate the IRR within three (3) months from 
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the e[Tectivity or this Act. Thereafter, the amount necessary for the continuous operation 
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of this Act shall be included in the annual appropriation of the DTI. 
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SI':CTION 9. Appropriations. -
'['0 carry out thc provIsions of this Act, such 
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amount as nlay bc necessary is hereby authorized to be appropriated from the National 
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Treasury. Thereaf\er, the amount necessary for the continuous operation ofthis Act shall 
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bc included in tile Hnnual appropriatiqn of the DTI. 
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SI':CTION 10. Sef!({ra!Jility Clause. -If any provision or part hereof; is held invalid 
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or unconstitutional, the remainder oftbc law ofthc provision not otherwise affected shall 
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remain valid and subsisting. 
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SI':CTION 11. Repcalinp, Clause. - Any law, presidential decree or issuance, 
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executivc order, IeUer oj' instruction, administrative order, rule or regulation contrary to, 
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or inconsistent with, the provisions of this Aet is hereby repealed, modified or amcnded 
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accordingly. 
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SI':CTION 12. l<'fjectivily Clause. - This Act shall take effeetlifleen (15) days after 
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its publication in at least two (2) newspapers oj' general circulation. 
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Approved, 
lacs 
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