Stalin Office of the TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session ) P3:42 JUL 14 SENATE RECEIVED B/ S.B. No. _ INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT PREVENTING, MITIGATING, AND RESPONDING TO RISKS AFFECTING CHILDREN WHILE ON VACATION, ENGAGING IN LEISURE, OR PARTICIPATING IN ANY OTHER ACTIVITIES RELATED TO THE TOURISM INDUSTRY EXPLANATORY NOTE The Philippines, as an archipelago, is popular for its beaches and other tourist destinations. In 2023, the country was hailed as the World's Leading Dive Destination, and World's Leading Beach Destination at the World Travel Awards. According to the Department of Tourism ("DOT"), tourism contributed an 8.6 percent share amounting to 2.09 trillion pesos to the gross domestic product in 20232. However, visitors to tourist destinations - particularly children - face risks associated with accidental drownings, jellyfish stings and animal bits, spinal injuries, and infectious diseases while on vacation. According to the Philippine Statistics Authority ("PSA"), out of the 3,604 deaths by accidental drowning or submersion in 2021, 1056 - or roughly a third - of the victims were children 1 to 14 years of age. In that year, drowning was the second leading cause of death among children 5 to 9 years old. On October 30, 2023, a 6-year-old Sandy O. Garovillas succumbed to a box jellyfish sting at a resort after failing to receive immediate medical attention due to the failure of the resort's staff to provide first aid for the child, difficulties in contacting emergency services, and the distance of the resort from health facilities in the locality. Due to the absence of trained responders at the resort Sandy and her family were staying at, first aid had to be administered by passers-by: a French medical student, and a United States Army medic. Pharmacies and hospitals in the vicinity of the resort also lacked the medical equipment and supplies necessary to treat Sandy - despite the Philippines being described as "ground zero" for these lethal jellyfish stings by biochemist Angel Yanagihara, a world renowned-expert on the topic. Just 2 years 1 https://www.pna.gov.ph/articles/1229430 2 Ibid
previously on June 8, 2021, a 7-year-old girl died, while two others were seriously injured, after they came in contact with a box jellyfish at a beach resort in Del Gallego, Camarines Sur. Tourism has been a remarkable economic industry for the country. It is then imperative to not just enhance the experience and stay of foreign and local tourists, but also to ensure their protection and safety. There must be facilities that will serve as an emergency response mechanism for any potential accidents or injuries for all tourists. Fortunately, the risk of death or injury to children on vacation can be mitigated by the presence trained lifeguards and other first responders, ready access to emergency services such as ambulances, and the presence of health facilities and supplies in localities frequented by tourists. This bill seeks to prevent, mitigate and respond to risks affecting children and other visitors to Philippine tourist destinations by ensuring that they have access to adequate medical and emergency services as well as life-saving equipment, medicine, and facilities. In view of the foregoing, the passage of this bill is earnestly sought. и теменое RISA HONTIVEROS sarague Senator
Other of the a TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session P3:42 JUL 14 SENATE RECEIVED E! S.B. No. 559 INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT PREVENTING, MITIGATING, AND RESPONDING TO RISKS AFFECTING CHILDREN WHILE ON VACATION, ENGAGING IN LEISURE, OR PARTICIPATING IN ANY OTHER ACTIVITIES RELATED TO THE TOURISM INDUSTRY Be it enacted by the Senate and the House of Representatives in the Philippines assembled:
SECTION 1. Short Title. - This Act shall be known as "Child Tourist Safety Act"
or "Sandy's Act."
Sec. 2. Declaration of Policy. - It shall be the policy of the state to ensure
4 the safety of children while on vacation, engaging in leisure, or participating in 5 any other activities related to the tourism industry, consistent with the 6 Constitutional mandate to safeguard their right to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, 8 exploitation, and other conditions prejudicial to their development. Furthermore, 9 there is also a need to study and determine the appropriate safety measures for children participating in the aforementioned activities.
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
1 Tourism and National Authority for Child Care, shall ensure that minors and other 2 visitors, guests or patrons are provided with adequate and age-appropriate access 3 to medical, emergency, and other health care services. This shall include the 4 services of health care professionals, either on-call or on full-time basis, depending 5 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 trained in first aid. The Department of 8 Tourism, in coordination with the Department of Health, shall specify the facilities, 9 equipment, and medicine a Covered Establishment shall be required to provide, 10 store, or maintain within its premises.
Sec. 5. Life Guards. - Covered Establishments operating swimming pools,
12 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. Permits Issued by Local Government Units. - Local Government
Units shall ensure that Covered Establishments are in compliance with the provisions of this Act prior the issuance or renewal of any license or permit necessary for such Covered Establishment to operate.
Sec. 7. Penal Clause. - Any person who violates any of the provisions of
this Act or its Implementing Rules & Regulations shall, upon conviction by final judgment, 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), nor more than Five Hundred Thousand pesos (Php500,000), 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 32 that these injuries result in death, a Covered Establishment shall also shoulder the
1 burial expense of the 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 & Regulations.
Sec. 8. Implementing Rules & Regulations. - The Department of Tourism,
National 4 Authority for Child Care, Department of Health, and the Philippine Coast 6 Guard, shall issue the Implementing Rules & Regulations necessary for the 7 effective implementation of this Act within ninety (90) days from the effectivity 8 thereof.
Sec. 9. 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. 10. 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. 11, Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation. Approved.