Tourism.gov.ph
RULES AND REGULATIONS GOVERNING THE BUSINESS
OF SPORTS SCUBA DIVING IN THE PHILIPPINES
PURSUANT TO THE PROVISIONS OF (1) LETTER OF INSTRUCTION 745 WHICH
CREATED THE PHILIPPINE COMMISSION ON THE PROMOTION AND DEVELOPMENT
OF SPORTS SCUBA DIVING IN 1978, WHICH CONSEQUENTLY OUTLINED ITS
PRIMARY MANDATES, WITH REFERENCE TO (2) MALACAÑAN MEMORANDUM ORDER
275 S. 2008, WHICH IS FURTHER STRENGTHENED THROUGHREPUBLIC ACT NO. 9593
– TOURISM POLICY ACT OF 2009, THE FOLLOWING RULES AND REGULATIONS ARE
HEREBY PROMULGATED TO GOVERN THE OPERATIONS OFSCUBADIVING
ESTABLISHMENTS AND SCUBA DIVING INDIVIDUALS IN THE PHILIPPINES
CHAPTER 1:
DEFINITION OF TERMS
Section 1
For the purpose of these Rules, the following shall mean:
A. SCUBA Diving
Self Contained Underwater Breathing Apparatus as equipment used for the activity
of diving underwater
Can be further classified into
1. Compressed Air- regular atmospheric air with the composition 78% Nitrogen,
21% Oxygen and 1% Trace Gases for breathing underwater
2. Mixed Gases/Technical- Altered composition of regular air, usually increased
level of Oxygen, therefore decreasing Nitrogen percentage in the air mixture
which is breathed underwater
3. Rebreather-Equipment using the Carbon Dioxide which is exhaled by the
diver thru recycling the unused Oxygen from the diver's breath
Applicable Terrain in the Philippines
1. Open-water -A stretch of water which is not enclosed by barriers such as in
marine environment like ocean/seas
2. Fresh Water –Water that is not salty such as in lakes and rivers
3. Wreck Diving –Purposely or not purposely sunk materials which includes but
not limited to: shipwrecks, airplane wrecks, vehicles, artificial reefs which
may or may not include penetration
4. Cave Diving- Penetration in caverns underwater
B. SCUBA Diving Individuals – Persons engaged in SCUBA diving who are
awarded international certification by reputable certifying agencies
1. Non-Professional
a. Short Course/Resort Course completed by an individual but must be
accompanied by a dive professional at all times during subsequent
open-water dives
b. Individual completing the full basic SCUBA course and is competent to
perform diving activities
c. Trained in other progressive skills and additional specialties which are
not learned in the first level of SCUBA certification
d. Trained in rescue procedures and distress situation when SCUBA
2. Professional – A legally qualified person who has skillfully attained expert
level mastery of sports SCUBA diving activities and conducts such, whether
or not for a fee
a. First professional level Instructor who cannot certify at all but can lead
a group of certified divers
b. Instructor who can certify up to the basic/first level of SCUBA diving
c. Instructor who can certify up to the First Professional Level (as defined
above in [2. a]) only
d. Instructor who can certify all levels up to the highest level of Instructor
C. PCSSD or Commission – Philippine Commission on the Promotion and
Development of Sports SCUBA Diving
D. DOT – Department of Tourism
E. SCUBA Diving Establishment - Any facility or business including liveaboards
or full-service diving water vessels engaged in SCUBA Diving activities,
whether or not for a fee
F. PCSSD Dive Establishment Accreditation – Mandatory accreditation issued by
the Philippine Commission on Sports SCUBA Diving to all SCUBA Diving
Establishments with reference to the provisions of the law under the Tourism
Act of 2009 – RA 9593
G. SCUBA Individuals – persons engaged in the activity of SCUBA diving
G.1 Dive Professionals –SCUBA Diving Individuals starting from the first
professional level to the highest level instructor, certified in handling and
leading other SCUBA divers
G.2 Dive Non-Professionals–Entry-level to intermediate level of expertise,
knowledge and specialty in SCUBA diving, does not carry the official
capacity to handle and lead other SCUBA divers
H. PCSSD SCUBA Dive Individual's Membership
- To monitor SCUBA diving activities in the country, build and
collate a database of both professional and non-professional
- To promote the safety and security and awareness to the
Philippine SCUBA diving public
- First hand recipient of important updates and activities of the
- Given priority in relevant DOT family events in relation to
H.1 Type of Membership: Accredited
- Membership in the form of Accreditation issued to SCUBA Dive
- To monitor existing qualified dive professionals practicing in the
H.2 Type of Membership: Member
- Membership Issued to SCUBA Dive Non-Professionals
I. Dive Resort - Place of recreation or relaxation which may offer board and
lodging facilities which cater to the SCUBA Diving Individuals. Such to be
subjected to a corresponding DOT Accreditation (enabling it to be part of an
established network of trusted and recognized tourism entities of the
Department) after securing PCSSD Accreditation (which will be elaborated
more in the succeeding chapters)
CHAPTER 2:
PCSSD MANDATORY ACCREDITATION OF SCUBA DIVE ESTABLISHMENTS & ITS
APPLICATION PROCESS
Section 1
No person, natural, or juridical shall operate and manage SCUBA Diving
establishments without first being accredited with the PCSSD
Section 2
APPLICATION, RESPECTIVE REQUIREMENTS, and PROCESSING for
SCUBA DIVING ESTABLISHMENTS
A. Duly filled out application form and its attachments
This is to ensure that the dive enterprises are legal in nature and are duly and
properly registered for their SCUBA dive business operations in the Philippines.
1. Business registration
i.
Either Department of Trade and Industry Certificate Photocopy for Single
ii.
Or Securities and Exchange Commission Certificate Photocopy for
Partnerships & Corporations
2. Photocopy of Annual Business Permit issued from the Mayor's Office
For the safety of SCUBA divers when engaging in the SCUBA diving activity
3. Accident Management Plan
4. First Aid Kit
ii. Ibuprofen (pain killer and anti-inflammatory)
iii. Antihistamine tablets (for mild allergic reactions)
iv. Motion sickness tablets
v. Rehydration sachets
vi. Anti-diarrhea drugs
vii. Antiseptic cream/ointments or antiseptic wipes
viii. Wound Closure Strips
ix. Bite and stings cream
x. Sinus decongestant tablets
xii. Scissors (small with rounded ends)
xv. CPR Pocket Mask with Oxygen Inlet
xvi. Any additional components deemed necessary by the dive establishment
xvii. Any other additional components as required by PCSSD as per
memoranda and circulars
5. First Aid Oxygen (O2) with medical mask and regulator which delivers 15cc
B. Full-colored copy of the Establishment's Logo on a 8.5 by 11 inches white
bond paper or hi-resolution digital/electronic (300 DPI/dots-per-inch)
C. Prevailing Accreditation Fee (with reference to the memoranda and circulars
of the PCSSD)
1. Photocopy of the proof of payment
D. Processing, Issuance, and Renewal
1. Submission of PCSSD Dive Establishment Accreditation application or
renewal must be made within the whole month of September of each year.
This shall be undertaken annually.
i. Any application received outside of the prescribed month can constitute
delay in processing next year's business permit by the Mayor's office for
dive establishments
2. In view of the payment made by the applicant, an Official Receipt shall be
issued by the PCSSD
3. With the receipt of all the pertinent documentation required by the PCSSD, a
confirmation of receipt shall be issued
4. PCSSD office shall verify the submitted documentation within (10) working
days after the issuance of the confirmation receipt
5. Latest on the 10th working day, PCSSD shall give its feedback on the
documents submitted by the applicant
6. If both payment and documentary requirements have been complied, the
PCSSD shall issue a CERTIFICATE OF ACCREDITATION CANDIDATE
7. With this application, it is understood that the Dive Establishment, in good
faith, shall be responsible in maintaining minimum internationally accepted
standard, and patrolling their own ranks in the anticipation of a random
inspection which shall be conducted by the PCSSD pertaining to Air Quality
and Safety Requirements
i. In the course of the inspection, applicable prevailing fees apply to each
additional compressor the dive establishment operates
ii. Upon PASSING the Air Quality Inspection, and compliance to the
prescribed first aid and safety materials and equipment, second phase
of evaluation and processing shall follow
iii. If FAILED in the Air Quality Inspection, each of (4) qualifying element
contaminant can be re-tested with a maximum of (2) times, excluding
the initial test which is covered by the initial accreditation fee paid.
Applicable fees apply to each additional ampoule/chemical tester used
in re-testing. Failure pertaining to the non-completion of the Safety
requirements, the Dive Establishment will be given (15) working days
to complete the deficiency. Failure to pass Air Quality with given the
prescribed maximum re-testing as well as non-compliance in the Safety
requirements set by the PCSSD, will merit a communication of such
finding to the respective local government units which authorizes
business operations in the area. This may lead to temporary
suspension of business operations until compliance to the PCSSD
prescribed minimum quality requirement has been attained.
8. After the inspection, the Second Phase of evaluation and processing will be
conducted within (5) working days after the date of inspection, after which the
ACCREDITATION CERTIFICATE shall be issued if all PCSSD requirements
have been met and complied
E. Classifications
1. Conducts SCUBA diving activities for certified SCUBA divers
1A. Recreational Open-water
2. Selling SCUBA diving lessons
3. Dive Professionals
3A. In-house Instructor who can certify all levels up to the highest level
3B. In-house Instructor who can certify up to the first professional level
and can lead and handle divers, as well as assist (3A) in training
3C. In-house Instructor who can certify up to the basic/first level SCUBA
3D. In-house first professional level individual who cannot certify at all, but
Can lead a group of certified divers
3E. Commissioning/contracting of Free-lance Dive Professionals
4. Air fill station
4A. Compressed air filling
4B. Technical gas filling
i. A logbook for all air filling transactions and day to day operations must
a. Name of the customer and affiliation with a dive establishment,
if any - Customer bringing in tanks for filling must present proof
of diving certification
b. Serial number of the cylinder
c. Hydrostatic test date of the cylinder - it must have a hydrostatic
test date of not more than five (5) years
A file on SCUBA cylinders not passing the hydrostatic
test must be kept
The owners of these condemned cylinders must be
informed of the cylinder's condition.
Condemned cylinders cannot be filled
d. Date of filling by the air fill station
ii. All compressors must be carefully maintained and filters changed per
operator's manual or manufacture's specifications to prevent
contamination of air in the cylinder.
5. Renting out SCUBA equipment
5A. Basic SCUBA equipment
5B. Technical SCUBA equipment
SCUBA dive establishments and professionals are prohibited from selling,
renting, lending or transferring any of SCUBA diving equipment or their
accessories unless a record is made of any such sale, lease, loan, or
transfer indicating there in the name, address, and diving certificate card
or other reputable proof of diver qualification of the vendee, rentee, or
6. Lecture area to conduct SCUBA lessons
7. Pool amenity/confined water training area
8. Equipment repair/maintenance
A complete record of all repair jobs done must be kept on file for at least
8A. Basic SCUBA equipment
8B. Technical SCUBA equipment
9. Selling SCUBA equipment
10. Own Dive Boat/s
11. Medical or Emergency facilities
11A. In-house medical personnel
11B. Certified Emergency First Aid Provider
11C. Portable Automated External Defibrillator (AED)
F. Validity of PCSSD Dive Establishment Accreditation - Valid for a period of (1)
G. Conspicuous Display of PCSSD Dive Establishment Accreditation Certificate
and other related documents
1. Current PCSSD Dive Establishment Accreditation;
2. List of diving professionals and technical staff employed or contracted by the
establishment with their respective positions
H. REVOCATION, IMPOSITION OF SUSPENSION OR CANCELLATION OF PCSSD
DIVE ESTABLISHMENT ACCREDITATION
1. Grounds and violations - Any (1) of the following acts of omissions shall be
sufficient grounds and would also depend on the circumstance and gravity of
each given case:
a. Violation of any of the provisions of the law, rules, regulations,
circulars, duly promulgated orders, directives, resolutions and
decisions, among others by the Commission;
b. Fraudulent representation, written or oral, by the Chief Executive
Officer/Manager of the establishment for the purpose of securing
issuance of renewal of any license under these Guidelines.
c. Gross and evident bad faith in dealing with clients or fraudulent
solicitation of business or similar schemes which can be presented with
substantial evidence which works against the overall interest of the
Philippine SCUBA diving industry;
d. Tolerance of gross misconduct, dishonesty or misrepresentation
committed by any of the establishment's officer or employee against its
clients to the detriment of sports SCUBA diving in the Philippines; or
gross misrepresentation in its advertisement and promotion that
downgrade sports SCUBA diving or is detrimental to marine
e. Employment or commissioning of SCUBA Dive Professionals who do
not hold corresponding valid C-cards;
f. Employment or commissioning of foreign nationals who do not have
the appropriate permits outlined above for their authority to work in the
2. Implication - Any grounds and violations justified with viable and substantial
evidence will constitute a revocation of the dive establishment's PCSSD
Dive Establishment Accreditation and furthermore, communication of the
matter shall be made with the appropriate Local Government Unit which is
responsible in the issuance of business permits which authorizes
establishments to operate their businesses. Sanctions may take form in the
LGU's suspension of business operation or total revocation of authority to
operate the business in their locality, depending on the degree violated in
the grounds aforementioned.
Section 3
DOT Accreditation
If applicable, the dive establishment shall subject themselves to DOT Accreditation after
securing their PCSSD Accreditation
CHAPTER 3:
PCSSD MEMBERSHIP OF DIVING INDIVIDUALS
Section 1
PCSSD Membership of SCUBA Diving Individuals shall be extended the
prevailing benefits set out by the PCSSD such as in safety, promotion, and marine
conservation among others
Section 2
Types of Membership:
For Professional- Accredited
For Non-Professional- Member
Section 3
APPLICATION, RESPECTIVE REQUIREMENTS, and PROCESSING for
PCSSD Membership of SCUBA Diving Individuals
A. Application requirements for SCUBA Diving Individuals, both Non-professional
and Professional
1. Duly filled out Application Form with pertinent attachments/supporting documents
a. Photocopy of Proof of CURRENT and renewed Certification - Certificate or
b. Photocopy of DECLARATION of Other pertinent CERTIFICATION & OTHER
PERTINENT CURRENT certification (First Aid, EFR, etc.), if applicable
i. The individual must adhere to the limitations prescribed in his
current/renewed certification which he possesses – he must perform
no more than or beyond what his certification allows him
ii. Dive professionals are to keep a complete record of each student and
must be kept on file for at least five (5) years
c. 2 pcs. 2 x 2 inches ID picture or digital/electronic ID picture file which is
visible, clear, and not pixelated
d. Signature card or digital/electronic signature file which is visible, clear, and
B. Additional requirements for SCUBA DIVING PROFESSIONALS WHO ARE
FOREIGN NATIONALS
3. Photocopy of Work permit issued by the Department of Labor and Employment
4. Photocopy of Registration issued by the Bureau of Immigrations (BI)
a.
Either Alien Certificate of Registration (ACR)
b.
Or Visa
C. Payment of Prevailing Accreditation Fee (with reference to the memoranda and
circulars of the PCSSD)
1. Photocopy of the proof of payment
D. Processing, Issuance and Renewal
1. Submission of the application or renewal for PCSSD SCUBA Dive Individual
Accreditation must be made within the whole month of December of each year. This
shall be undertaken annually.
a. Application received any other time shall be honored but will be valid only
until the end of that year.
2. In view of the payment made by the applicant, an Official Receipt shall be issued by
3. With the receipt of all the pertinent documentation required by the PCSSD, a
confirmation of receipt shall be issued
4. PCSSD office shall verify the submitted documentation within (5) working days after
issuance of confirmation receipt and give feedback on the documents submitted by
5. If both payment and documentary requirements have been verified to be
satisfactory, the PCSSD shall issue the PCSSD Dive Individual Accreditation ID
E. Validity of the PCSSD Dive Individual Accreditation – all ID's are valid until 31st of
December of each year
F. PCSSD Accreditation ID Cards for Dive Individuals must be carried when
engaging in SCUBA Diving Activity
G. Presentation of the PCSSD Accreditation ID Card in cases where the individual
needs to be treated in the PCSSD Hyperbaric Chambers
H. Replacement of Lost PCSSD Accreditation ID Cards – Submission of an Affidavit
of loss and an accompanying request for replacement. Replacement shall be
issued within (7) working days from the receipt of the documents
aforementioned. The applicant shall pay the appropriate replacement cost in
accordance with existing guidelines of the Commission.
I. REVOCATION, IMPOSITION OF SUSPENSION OR CANCELLATION OF PCSSD
DIVE ESTABLISHMENT ACCREDITATION
1. Grounds and violations - Any (1) of the following acts of omissions shall be
sufficient grounds and would also depend on the circumstance and gravity of
each given case:
Violation of any of the provisions of the law, rules, regulations,
duly promulgated orders, directives, resolutions and decisions, among
others by the Commission;
Fraudulent representation
Gross and evident bad faith in dealing in their dealings
Fraudulent solicitation or similar schemes which can be presented with
substantial evidence which works against the overall interest of the
Philippine SCUBA diving industry;
Tolerance of gross misconduct, dishonesty or misrepresentation
committed by any of the establishment's officer or employee against
its clients to the detriment of sports SCUBA diving in the Philippines;
or gross misrepresentation in its advertisement and promotion that
downgrade sports SCUBA diving or is detrimental to marine
Employment or commissioning of SCUBA Dive Professionals who do
not hold corresponding valid C-cards;
Employment or commissioning of foreign nationals who do not have
the appropriate permits outlined above for their authority to work in the
2. Implication - Any grounds and violations justified with viable and substantial
evidence will constitute a revocation of the dive establishment's PCSSD Dive
Establishment Accreditation and furthermore, communication of the matter
shall be made with the appropriate Local Government Unit which is
responsible in the issuance of business permits which authorizes
establishments to operate their businesses. Sanctions may take form in the
LGU's suspension of business operation or total revocation of authority to
operate the business in their locality, depending on the degree violated in the
grounds aforementioned
CHAPTER 4:
PROHIBITED ACTS
Section 1
Violators to be sanctioned accordingly under the Philippine Laws
A. Collection or destruction of corals;
B. Capture of or harm to endangered marine species;
C. Use of toxic chemicals in the course of diving;
D. Spearfishing using SCUBA;
E. Salvage of or transferring with any sunken artifacts without the necessary permit from
proper authorities.
CHAPTER 5:
RULES AND PROCEDURES GOVERNING COMPLAINTS AND HEARING BEFORE
THE COMMISSION
Section 1
Form and Contents of Complaints
Every complaint filed with the Commission must be under oath or affirmation and shall
include the names and addresses of the complainant and respondent, the date when the
action arose, the grounds relied upon the relief sought under these Rules and Regulations.
It may be provided that the Commission may perceive of the violation on its own relating to
any of the provisions of these Rules and Regulations that may come to its knowledge even
without formal complaint.
Section 2
Complaint of Tourists or Transients
Where the complainant is a foreign tourist or transient who is about to leave the country, a
simple statement duly signed by the complainant shall be sufficient in order for the PCSSD
to take cognizance thereof and act on the same in the most efficient manner with due
regard to the requirements of due process of law at all times.
Section 3
Number of Copies
An executed original and three copies of the complaint and other documents in support
thereof shall be filed with the Commission.
Where the complainant is classified as in Section 2 of this Chapter, that provision shall
Section 4
Upon receipt of the complaint, the Commission shall furnish the respondent a copy thereof
together with all its supporting annexes and shall require the respondent to file his answer
thereto within seven (7) working days from receipt of such complaint together with the
respondent's own evidence or supporting documents.
Section 5
Hearing and Investigation
The Executive Director shall act on the complaint and/or request the assistance of an
expert from within the Commission or the DOT to assist in the disposition of the case in
accordance with these guidelines and the applicable provisions of rules and regulations
promulgated by the Commission.
In all cases, the hearing and investigation of a complaint shall be conducted as soon as
practicable and the report or resolution thereof shall be issued or promulgated within
fifteen (15) days from the time that the case has been submitted by the parties for
resolution or decision.
Section 6
Appearance of Counsel
Given the administrative nature of the proceedings in the Commission, a party may or may
not be represented or assisted by a counsel. The Commission encourages however that a
party be as much as possible be assisted and/or represented by his/her counsel of choice
in the interest of due process.
Section 7
Testimony Taken Under Oath, Etc.
The testimony of all witnesses shall be made under oath or affirmation, and all
proceedings shall be taken down, recorded and transcribed by a duly appointed personnel
of the Commission who shall avail of a tape recorder or any other modern device available
for the purpose, so as to ensure the faithful recording and transcription of the proceedings
Section 8
Nature of Proceedings
The proceedings before the Commission shall be administrative, non-litigious and
summary in nature. Nothing in these Rules and Regulations shall prevent the Commission
from resorting to applicable rules in ordinary legal proceedings in the interest of rendering
justice to a case.
Section 9
Preliminary Conference
In any action, the Executive Director and/or any person designated by the Commission to
hear and investigate the complaint may direct the parties and their counsels before the
actual hearing to appear before it for a conference to consider:
A. The possibility of an amicable settlement of private interest involved in the case;
B. The clarification of issues involved;
C. The possibility of obtaining admission or stipulation of facts; and
D. Such other matters as may aid in the just, speedy, and inexpensive disposition of
The Executive Director or the designated hearing officer shall rule or make an order upon
the action taken at the conference and such rule or order when entered shall serve as a
guide in the subsequent course of action or hearing of the case unless further modified in
the interest of justice.
Section 10 Amicable Settlement
Unless it is prejudicial to public interest or to the third parties, the Executive Director or the
designated hearing officer of the case may endeavor to effect an amicable settlement of
the case at any stage of the proceedings, provided, it shall not be contrary to any law, rule
or regulation nor against public policy. The amicable settlement shall be reduced in writing,
duly signed by the parties and their counsel, whenever applicable, which shall be the basis
of an order or resolution of the case by the Commission;
Section 11 Production of Relevant Documents
The Executive Director or the designated hearing officer shall have the authority to
administer oath or affirmation and to receive evidence. Provided, however, that production
of relevant documents or evidence material in the resolution of the complaint may be
compelled by the Executive Director or the hearing officer from a concerned party.
Non-submission or compliance with the production or submission of said evidence or
documents as required shall be deemed as a waiver on the part of the party to whom the
same are required and the case shall be resolved in accordance with the available
documents or record.
Consideration of the documents or evidence submitted by a party pursuant to this
provision shall not be bound by the technical rules on evidence, provided however, that the
Executive Director or the designated hearing officer may adopt applicable laws and the
rules of court in suppletory character in the interest of the speedy and proper resolution of
Section 12 Resolution/Decision – The Executive Director shall resolve or decide the
case within fifteen (15) days from the submission thereof by the parties for
resolution/decision. Resolution or decision shall be promulgated by the
Executive Director. Whenever a case is heard and investigated by a
designated hearing officer, he/she shall submit his/her report of hearing and
investigation together with copies of the transcribed proceedings and all
pertinent documents of the case to the Executive Director within seven (7)
days from submission of the case for resolution/decision by the parties and
the Executive Director shall, upon consideration of the entire records of
proceedings and the evidence and the pertinent supporting documents of the
case, shall promulgate the resolution or decision of the case within seven (7)
days from the transmittal of the case by the hearing officer.
Section 13 Motion for Reconsideration – The party adversely affected by any
resolution or decision may file a motion for reconsideration within fifteen (15)
days from receipt of the resolution or decision, which motion for
reconsideration shall be based solely on any of the following grounds:
a. Newly discovered evidence which materially affects the resolution or decision
Errors of law or irregularities prejudicial to the substantial rights and interests
of the party adversely affected have been committed.
The Motion for Reconsideration shall be resolved by the Executive Director within ten (10)
days from receipt thereof.
Section 14 Appeal – The resolution or decision rendered by the Executive Director
including the resolution in a motion for reconsideration may be appealed by
an adverse party to the Commission within seven (7) days from receipt
thereof. The Commission shall resolved said appeal within ten (10) days from
receipt thereof which resolution shall be considered as final in so far as the
case before the Commission is concerned and in the event of imposition of
an administrative penalty, the same shall be applied and satisfied against the
adverse party in accordance with the tenor of the decision and these rules
and regulations, without prejudice however on the part of the adverse party
to resort to subsequent appeals before higher authorities or tribunals
pursuant to existing laws.
Section 15 Applicable Periods – The period to file answer and other responsive
pleadings shall be seven (7) days from receipt of the order by the concerned
party. Failure to comply with said period, without justifiable written excuse
favorable considered by the Executive Director or of the designated hearing
officer of the case, shall be deemed a waiver on the part of the party. Action
of the Executive Director or the designated hearing officer on the written
excuse shall be final and non-appealable.
Section 16 Continuous Hearing of the case – Hearings and investigation of a case
shall be conducted continuously within the period set by the Executive
Director or the designated hearing officer. Failure by a party to attend a
scheduled hearing despite notice shall be deemed a waiver on its part to be
present and to present evidence in its favor and the hearing shall proceed ex
Section 17 Special Board of Inquiry – The Commission shall create a Special Board of
Inquiry to be composed of three (3) members to be designated by the
The Special Board of Inquiry shall be tasked with the following functions:
a. Conduct fact-finding investigations on cases of accidents involving a diver or
a SCUBA diving establishment;
b. Submit its findings through a written report to the Commission;
c. Provide the Commission with complete information on facts gathered in a
particular investigation and render technical advice to the Commission to the
Commission on how a similar situation may be addressed or avoided in the
interest of safety of the divers and for the purpose of upgrading existing
policies and rules and regulations of the Commission.
The Special Board of Inquiry, in the conduct of its investigation, may require the
appearance of witnesses to provide material information which testimony shall be recorded
CHAPTER 6:
MISCELLANEOUS PROVISIONS
Section 1
Administrative Penalties – The Commission through its resolution or
decision promulgated by the Executive Director may impose any of the
administrative penalties provided for under these Guidelines and Rules and
Regulations against any person, natural or juridical found liable for violating
Section 2
Confidential Character of Data – All information and documents received
by or filed with the Commission in pursuance of the requirements of these
Guidelines and Rules and Regulations shall be treated as confidential and
shall not be disclosed to any private party without the consent of the party
who submitted said information or upon order of the court. Any official or
employee of the Commission who shall violate the provisions of this Section
shall be guilty of an offense under applicable laws and rules and regulations
of the Commission.
Section 3
Means to carry into effect the Purpose, Intent and Spirit of These
Guidelines and Rules and Regulations – If the procedure to be followed in
a given situation is not specifically provided for under these Guidelines and
Rules and Regulations, any suitable procedure or mode of proceedings
which appears conformable to the purpose, intent, and spirit hereof may be
adopted by the Commission in the interest of the promotions and
development of sports SCUBA diving.
Section 4
Enlistment of Aid, Assistance, and Support of Other Government
Agencies – In the implementation of the provisions of these Guidelines and
Rules and Regulations, Circulars, and the enforcement of resolutions and
decisions of the Commission or any person acting under it, the Commission
may enlist the aid, assistance, and support of any concerned government
agencies to effect the same.
Section 5
Separability Clause – The provisions of these Guidelines and Rules and
Regulations are separable and in the event that anyone or more provisions
are declared invalid by any competent authority, the validity of other
provisions hereof shall not be affected thereby.
Section 6
Repealing Clause – All existing Guidelines and Rules and Regulations,
Circulars, Administrative Orders which are inconsistent with the provisions of
hereof are nearby repealed or amended accordingly.
CHAPTER 7:
EFFECTIVITY
These Guidelines and Rules and Regulations as amended shall take effect thirty (30) days
after its publication in the Official Gazette or any newspaper of general circulation.
Approved and promulgated this day of
Source: http://www.tourism.gov.ph/Downloadable%20Files/PCSSD%20IRR.pdf
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