RULES AND REGULATIONS GOVERNING THE ACCREDITATION OF CALESAS PROVIDING TRANSPORT SERVICES TO TOURISTS
30, 1987, the Following Rules and Regulations are Hereby Promulgated to
Govern the Accreditation of Calesas Providing Transport Services to
Tourists.
CHAPTER I
Definition of Terms
SECTION 1. Definition of Terms — When used in these Rules,
unless the context otherwise indicates, the following terms shall mean
as follows:
a. “Calesa” is a horse-drawn carriage engaged in providing
transport services, including sightseeing, to foreign or local tourists
for a fee or any form of lawful compensation.b. “Department or “DOT” is the Department of Tourism.
c. “Accreditation” is the certification issued by the
Department officially recognizing the holder as having complied with the
minimum standards and requirements prescribed by the Department for the
operation and maintenance of a calesa.
CHAPTER II
Minimum Requirements for Accreditation of Calesas
SECTION 1. Minimum Requirements — For purposes of
accreditation, the following are the minimum requirements for the
operation and maintenance of a calesa:
a. Physical appearance of the carriage:
— The carriage shall be made of good quality materials and shall be of excellent workmanship.
— It shall be neatly painted with a color/numeral markings duly prescribed/assigned by the Department.
— It shall have a non-skid stepping board.
— It shall be clean, well-maintained and provided with comfortable seats.
b. Horse — The horse shall be in good physical condition.
c. Roadworthiness — The calesa shall be fit for operation on all public thoroughfares.
d. Seating capacity — The calesa shall have a maximum load of two (2) passengers.
e. First-Aid Kit — The calesa shall have a first-aid kit.
f. Horse Waste Receptacle — Every calesa shall have a
horse waste receptacle at the rear end of the horse below the tail.g. Calesa Driver — The driver shall be trained,
well-groomed, courteous and shall wear the prescribed uniform and DOT ID
at all times during actual operating hours and shall provide service
that is safe, comfortable and convenient as possible. Moreover, they
shall look after the welfare of their respective horses.h. Routes —
— The calesa shall serve routes which are considered tourist zone/belt areas and shall not disrupt the normal flow of traffic.
— The service shall be limited to the boundary of the city or
municipality issuing the pertinent mayor’s permit or municipal license.i. Fares — The calesa driver shall charge only such fares
for his services as may be approved or fixed by any competent
government agency.CHAPTER III
Application for Accreditation
SECTION 1. Who May Apply — A resident Filipino citizen who is
at least eighteen (18) years of age, physically and mentally fit and of
good moral character may apply for accreditation.
SECTION 2. Documents Required to Support Application for
Accreditation to Operate a Calesa Providing Transport Services to
Tourists — The application for accreditation shall be accompanied by the
following documents:
a. Appropriate mayor’s permit and/or municipal license:
b. Proof that the driver has passed a seminar for calesa
driver conducted by the Department or any organization duly authorized
by the Department;c. Police clearance and/or barangay clearance;
d. Certificate of good health issued by a duly licensed
physician and veterinarian for the calesa driver and horse,
respectively; ande. Other documents that the Department may require from time to time.
CHAPTER IV
Issuance of Accreditation
SECTION 1. Issuance of Certificate of Accreditation and Department Sticker
— If the applicant has satisfactorily complied with the minimum
standards and the prescribed documentary requirements. the department
shall then issue the certificate of accreditation and Department Order.
SECTION 2. Validity of Certificate of Accreditation and Department Sticker
— The certificate of accreditation and sticker shall be valid for a
period of one (1) year from the date of issue, unless sooner withdrawn
or canceled for cause by the Department.
SECTION 3. Accreditation Fee — Accreditation Fee of Fifty
(P50.00) Pesos shall be collected from the applicant that has complied
with the minimum standards and requirements for accreditation.
SECTION 4. DOT Sticker — DOT sticker shall be issued
to all accredited calesas providing transport services to tourists upon
payment of Forty (P40.00) Pesos.
SECTION 5. Issuance of the Department of Identification Cards — The Department Identification (ID) card shall be issued to a bonafide calesa driver upon payment of Thirty (P30.00) Pesos.
SECTION 6. Display of Department Sticker — The
Department Sticker duly issued to calesas providing transport services
to tourists shall be displayed in a conspicuous place of the calesa.
SECTION 7. Non-Transferability of Certificate of Accreditation and Department Sticker — The rights and privileges granted under the accreditation shall be non-transferable.
SECTION 8. Surrender of ID Card and Sticker — Calesa operator/driver who has ceased to be such shall immediately surrender his/her ID card and Sticker to the Department.
CHAPTER V
Inspection
SECTION 1. Creation of an Inspection Team — The
Department shall create an inspection team composed of at least two (2)
members from the Department to conduct an inspection of the calesa to
determine whether it meets the minimum standards set by the Department.
SECTION 2. Inspection Checklist to be Accomplished During Ocular Inspection of Calesas
— The team shall provide itself with a set of inspection checklist of
minimum standard requirements for the calesa. All deficiencies found as
well as the requirements duly complied with shall be noted in the
checklist.
SECTION 3. All Observations of the Applicant to be Entered in the Checklist
— Any observation of the applicant or his/her duly authorized
representative present at the time of the inspection on any adverse
findings of the team shall be entered in the checklist. The applicant
shall then be furnished with a copy of the accomplished checklist.
SECTION 4. Report of the Team — Within five (5) days
from the date of inspection of the calesa, the team shall render a
report of its findings and recommendations.
SECTION 5. Defects and Deficiencies Found During the Inspection
— Where certain defects and deficiencies have been found in the course
of the inspection, the Department shall serve and give direction to the
owner or operator to rectify the defects or deficiencies within a
reasonable period of time.
SECTION 6. Periodic Inspection — When necessary or
when the public interest and safety dictates, the Department may send a
team to inspect whether the accredited calesa is being kept and/or
managed in a manner conformable to the standards set by the Department.
The inspection shall be conducted at a reasonable time of the day with
due regard and respect to the right of privacy of parties concerned.
SECTION 7. Penalty for Failure to Remedy the Defects and Deficiencies
— If the applicant fails to remedy the defects or deficiencies noted in
the Inspection Report, the Department may upon due notice cancel the
certificate of accreditation of the calesa and require to surrender the
Department’s accreditation certificate and sticker issued or deny its
application for accreditation, as the case may be.
CHAPTER VI
Grounds for Cancellation of Accreditation
SECTION 1. Grounds for the Cancellation of Accreditation — Any of the following acts or omissions shall be sufficient grounds for the revocation of accreditation:
a. Making any false declaration or statement or making use of
any such declaration or statement or any document containing the same;
or committing fraud or any act of misrepresentation for the purpose of
obtaining the grant of accreditation provided that the cancellation of
accreditation as herein stated, shall be without prejudice to any action
which may be initiated against the violator;b. Failure to maintain the standards and requirements for accreditation as prescribed in these rules;
c. Violation of or non-compliance with any of the provisions
of these rules, promulgated orders, decisions and circulars issued by
the Department and other government agencies;d. Promoting, facilitating or conducting activities
constituting prostitution or other illegal undertakings as part of a
tour for both foreign and domestic tourists;e. Gross and evident bad faith in dealing with passengers or fraudulent solicitation of business;
f. Plying routes other than those designated for calesa operation;
g. Any act of fare overcharging committed by the calesa driver;
h. Any act of discourtesy by the calesa driver to the passenger;
i. Any act of cruelly to the horse committed by the calesa driver; and
j. Any other act or omission inimical to the interest of the tourism industry.
CHAPTER VII
Grounds for Disqualification of Application for Accreditation
SECTION 1. Grounds for Disqualification of Application for Accreditation
— Any person who has been convicted of a criminal offense or whose
accreditation has been cancelled shall be disqualified to apply for
accreditation.
CHAPTER VIII
Miscellaneous Provisions
SECTION 1. Confidential Character of Data —
Information and documents received or filed with the Department in
pursuance of the requirements of these Rules shall be treated as
confidential and shall not be divulged to any party without the consent
of the applicant concerned.
SECTION 2. Separability Clause — The provisions of
these Rules are separable and should any of said provisions or part
thereof be declared invalid, the validity of all the other provisions
shall not be affected by such declaration.
SECTION 3. Repealing Clause — All existing rules and
regulations or circular issued by the Department of Tourism which are
inconsistent with the provisions of these rules and regulations are
hereby repealed and/or modified accordingly.
SECTION 4. Effectivity — These rules and regulations shall take effect immediately.
Adopted: 10 Jan. 2000
(SGD.) GEMMA CRUZ-ARANETA
Secretary
Attested by:
(SGD). ORESTES R. RICAFORTE
Undersecretary
Tourism Services and Regional Offices