Child Tourist Safety Act

Senate Office of the Serictarp TWENTIETH CONGRESS OF THE ) 26 JAN 20 P1:13 REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY: SEN EYE S. No._ Introduced by Senator Raffy T. Tulfo ENSURING THE SAFETY AND PROTECTION OF CHILDREN WHILE ON VACATION, ENGAGING IN LEISURE, OR PARTICIPATING IN ANY OTHER ACTIVITIES RELATED TO THE TOURISM INDUSTRY, AND FOR OTHER PURPOSES EXPLANATORY NOTE According to the Philippine Statistics Authority (PSA), tourism contributed 8.9% to the Philippine economy in the same year, highlighting its important role in economic growth and job creation.' Tourism brings all kinds of people in our beaches but as part of nature there are risks when we enjoy the sea, and children are most vulnerable to this. Accidental drowning remains a serious cause of death in the Philippines, with children among those most affected. In 2021, the Philippine Statistics Authority recorded 3,604 deaths from drowning and submersion out of 879,429 total deaths nationwide, a significant number of which involved minors. That year, drowning was the second leading cause of death among children aged 5 to 9 and 10 to 14, highlighting the continuing risks faced by children in water-related settings and the need for stronger preventive and safety measures? Furthermore, as an archipelago, the Philippines is home to diverse 1 http://psa.gov.ph/content/tourism-contributes-89-percent-philippine-economy-2024 2 https://newsinfo.inquirer.net/1754570/drowning-a-serious-public-health-issue-makes-holy-week-break- tragic-for-some

marine life, including venomous jellyfish, which may appear harmless but have been reported to claim the lives of up to 40 Filipinos. 3 This proposed measure is derived from the need to ensure that children are properly protected while engaging in tourism and leisure activities. Sandy Garrovillas was six years old when she was stung by a jellyfish and suffered a fatal anaphylactic shock during a family vacation in Palawan in October 2023. Sandy was declared dead on arrival at the hospital, her death revealing serious and preventable gaps in safety, emergency response, and child protection in tourism establishments.4 Similarly, in an episode the public service program of Senator Raffy Tulfo aired in July 2024, the case of Kiera Maningding, a five-year-old girl who died after being stung by a box jellyfish, was brought to public attention. On June 28, 2024, Kiera was swimming in shallow waters of the resort when she was stung by a jellyfish. Fellow guests provided initial first aid and assisted in transporting both the child and her mother to the nearest hospital. She was later pronounced dead due to anaphylaxis, a severe and potentially fatal allergic reaction. The mother highlighted the resort's alleged negligence, citing the absence of proper warning signages, lifeguards, and adequate transportation. She emphasized that guests were not sufficiently informed of the potential dangers in the area, particularly the presence of jellyfish in the surrounding waters.6 This measure seeks to improve safety and emergency readiness in tourist establishments by ensuring prompt and effective responses to emergencies. It establishes clear accountability by penalizing establishments that fail to meet required safety and regulatory standards. By requiring trained personnel, proper safety equipment, reliable 3 https://pia.gov.ph/news/up-to-40-filipinos-die-annually-from-jellyfish-sting-prompting-research-to-stem- the-tide/ 4https://www.philstar.com/headlines/2025/03/06/2426354/her-name-was-sandy-familys-tragedy-inspires- bill-child-tourist-safety 5 https://newsinfo.inquirer.net/1961469/child-dies-after-jellyfish-sting-at-subic-beach-resort 6 TV5 Philippines, " KAPATID MO, IDOL RAFFY TULFO / Limang taong gulang, patay dahil sa dikya", YouTube video, uploaded 6 August 2024: https://youtu.be/duFKPmBbRmQ

emergency transport, and visible safety information, the measure aims to prevent avoidable risks and reduce injuries and loss of life. In view of the foregoing, immediate approval of this measure is earnestly sought. RAFFY T. TULFO

Sentate Office of the Secretary TWENTIETH CONGRESS OF THE 26 JAN 20 P1:13 REPUBLIC OF THE PHILIPPINES ) First Regular Session RECEIVED BY: SENATE 16773 S. No._ Introduced by Senator Raffy T. Tulfo ENSURING THE SAFETY AND PROAECTION OF CHILDREN WHILE ON VACATION, ENGAGING IN LEISURE, OR PARTICIPATING IN ANY OTHER ACTIVITIES RELATED TO THE TOURISM INDUSTRY, AND FOR OTHER PURPOSES 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 "Child Tourist Safety Act"

or "Sandy's Act". 3 Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to protect and promote the safety and welfare of children while on vacation, engaging in leisure, or participating in any other activities related to the tourism industry. Given the vulnerability 6 of children to abuse, harm, and exploitation, the State, in coordination with local 7 government units and tourism stakeholders, shall adopt and implement child-safe practices. The State shall further promote awareness, training, and compliance with child protection laws, while encouraging communities, tourism workers, and families to help ensure a safe and secure environment for all child tourists.

Sec. 3. Covered Establishments. - This Act shall apply to all individuals, partnerships,

cooperatives, corporations, or other legal entities operating tourism industry-related facilities, attractions, and accommodations such as, but not limited to, hotels, resorts, water parks, and surfing camps, accepting minors as guests, customer, clients, or patrons.

Sec. 4. Access to Medical Services & First Aid. - Covered establishments, in accordance

with rules and regulations to be promulgated by the Department of Tourism (DOT) and National Authority for Child Care (NACC), shall ensure that minors and other visitors, guests or patrons are provided with adequate and age-appropriate access to medical, emergency, and other health care services. This shall include the services of health care professionals, either on-call or on fuil-time basis, depending on volume of operation, as well as means of transport to the nearest hospital or medical facility. In addition, they shall ensure that there are, at all times, staff members on their premises adequately 9 trained in first aid. The DOT, in coordination with the Department of Health (DOH), shall specify the facilities, equipment, and medicine a Covered Establishment shall be required to provide, store, or maintain within its premises.

Sec. 5. Life Guards. - Covered Establishments operating swimming pools, or those in

close proximity to beaches, lakes, rivers, and other bodies of water used for recreational activities, shall ensure that there are an adequate number of duly-certified lifeguards on duty, in accordance with the rules and regulations to be promulgated by the Department of Tourism and Philippine Coast Guard.

Sec. 6. Posting and Communication of Safety Advisories and Information. - Covered

Establishments shall post and communicate safety advisories for the protection of minors and other visitors, guests or patrons including, but not limited to, warnings on jellyfish season, dangerous marine life, rip currents, and drowning risks, particularly in areas accessible to or commonly used by children. Such advisories shall be based on information, guidelines, or advisories issued by relevant government agencies, including the DOT, DOH, Philippine Coast Guard (PCG), Bureau of Fisheries and Aquatic Resources (BFAR), local government units, and other competent authorities. These advisories shall be displayed in conspicuous locations within the premises, including entry points, beaches, swimming pools, and reception or registration areas, and shall be made available in English and Filipino, and, where appropriate, in other foreign languages commonly used by guests and visitors.

Sec. 7. Incident Reporting and Monitoring. - Covered Establishments shall report to

the DOT, the concerned LGU, and the NACC any incident resulting in serious injury or death of a minor occurring within their premises or during tourism-related activities. 4 Covered Establishments shall likewise maintain an incident log, which shall be subject to inspection by authorized government agencies.

Sec. 8. Liability Insurance Coverage. - Covered Establishments shall maintain liability

insurance to ensure coverage for injuries, medical expenses, and death arising from risks related to their facilities or tourism-related activities. LGUs shall ensure compliance with this requirement prior to the issuance or renewal of any license or permit necessary for such Covered Establishment to operate, and the DOT shall likewise require proof of such insurance as a condition for the grant or renewal of accreditation.

SEC. 9. Inspection and Monitoring of Covered Establishments. - For purposes of

enforcing the provisions of this Act, Covered Establishments shall be subject to inspection by authorized government agencies, including LGUs, the DOT, the DOH, the PCG, and other relevant agencies, in accordance with their respective mandates. Inspections may be conducted regularly, randomly, or upon receipt of a complaint or credible information indicating a possible violation or risk to minors and other visitors, guests or patrons. Any violation or non-compliance found during the inspection may be grounds for the issuance of compliance directives, the imposition of administrative sanctions, or referral to the appropriate authorities.

Sec. 10. Permits Issued by Local Government Units. - Local Government Units shall

ensure that Covered Establishments are in compliance with the provisions of this Act prior to the issuance or renewal of any license or permit necessary for such Covered Establishment to operate.

Sec. 11. Penal Clause. - Any person who violates any of the provisions of this Act or

its Implementing Rules and Regulations shall, upon conviction by final judgement, be punished by imprisonment of not less than six (6) months nor more than two (2) years, or a fine of not less than One Hundred Thousand pesos (Php100,000.00), nor more than Five Hundred Thousand pesos (Php500,000.00), or both, at the discretion of the court.

If the violation is committed by a juridical person, the officer responsible therefor shall serve the imprisonment when imposed. If violation is committed by an alien, he or she shall be immediately deported after service of sentence, without need of further proceedings. Negligence or failure to immediately provide first-aid to a minor who suffers physical injuries due to the use of a Covered Establishment's facilities, shall make the Covered Establishment liable for any hospital expenses incurred. In the event that these injuries result in death, a Covered Establishment shall also shoulder the burial expense of the 9 deceased. If the death was due to non-compliance with this Act, the permits or licenses of the Covered Establishment shall also be revoked in accordance with this Act's Implementing Rules and Regulations.

Sec. 12. Implementing Rules and Regulations. - The Department of Tourism, National

13 Authority for Child Care, Department of Health, and the Philippine Coast Guard, shall issue the Implementing Rules and Regulations necessary for the effective implementation of this Act within ninety (90) days from the effectivity thereof.

Sec. 13. Separability Clause. - If any provision or part hereof, is held invalid or

unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

Sec. 14. Repealing Clause. - Any law, presidential decree or issuance, executive order,

letter of instruction, administrative order, rule or regulation contrary to or inconsistent with, the provisions of this Act is hereby repealed, modified, or amended accordingly.

Sec. 15. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation. Approved,