Basics of Law and Tourism Law
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Questions and Answers

Which of the following is NOT a factor considered in the qualification of Filipinos for economic rights, privileges, and concessions?

  • Viable contributions to the common good
  • Efficiency
  • Credible competence
  • Political affiliation (correct)
  • What does the term "national patrimony" encompass?

  • Only the natural resources of the Philippines.
  • The economic interests of Filipino citizens.
  • The cultural heritage of Filipinos, but not natural resources.
  • Both natural resources and cultural heritage of the Philippines. (correct)
  • What is the minimum percentage of capital ownership required for a corporation or association to be considered eligible for certain areas of investments in the Philippines, according to the text?

  • 100%
  • 50%
  • 60% (correct)
  • 75%
  • The text states that the State shall regulate and exercise authority over foreign investments within its national jurisdiction. What is the primary goal of this regulation?

    <p>To align foreign investments with the national goals and priorities of the Philippines. (B)</p> Signup and view all the answers

    Which of the following best reflects the principle enshrined in the Constitution regarding the granting of franchises for public utilities?

    <p>Prioritization of Filipino citizens and corporations in acquiring public utility franchises. (B)</p> Signup and view all the answers

    In the Manila Hotel case, what legal principle justified the awarding of the sale to the Filipino corporation despite the Malaysian corporation being the highest bidder?

    <p>The principle of national interest and preference for Filipino businesses. (D)</p> Signup and view all the answers

    Based on the text, what is the rationale behind the requirement of a minimum Filipino ownership percentage in corporations seeking to participate in certain areas of investments?

    <p>To promote the growth of Filipino-owned businesses and their participation in the economy. (A)</p> Signup and view all the answers

    Which of the following statements is true about the granting of franchises for public utilities?

    <p>The Congress can amend, alter, or repeal existing franchises for public utilities in the interest of the common good. (D)</p> Signup and view all the answers

    What must the government provide to the owners of a business establishment before demolition for a public project?

    <p>Just compensation (A)</p> Signup and view all the answers

    Which power allows the government to impose higher taxes on certain businesses deemed harmful for public welfare?

    <p>Power of taxation (B)</p> Signup and view all the answers

    What is a key requirement of procedural due process in the tourism and hospitality industry?

    <p>Notification of the alleged offense (A)</p> Signup and view all the answers

    What does the equal protection of the laws signify?

    <p>All persons subject to legislation should be treated alike. (C)</p> Signup and view all the answers

    In the context of business closures, what opportunity must owners be provided?

    <p>To be heard regarding their case (A)</p> Signup and view all the answers

    Which of the following is NOT a component of due process of law?

    <p>Public humiliation of the offender (C)</p> Signup and view all the answers

    What government action might be taken against a business suspected of being a front for illegal activities?

    <p>Higher taxation (B)</p> Signup and view all the answers

    What is the purpose of Article III of the 1987 Philippine Constitution?

    <p>To protect citizens' rights from infringement (B)</p> Signup and view all the answers

    What does Article X, Section 20 specifically provide for autonomous regions?

    <p>Legislative powers over economic, social, and tourism development (A)</p> Signup and view all the answers

    Why is Article I considered important in establishing tourism-related businesses?

    <p>It defines the territorial jurisdiction and ownership rights. (B)</p> Signup and view all the answers

    Which of the following is included in the components of the national territory as defined in Article I?

    <p>The terrestrial, fluvial, and aerial domains (B)</p> Signup and view all the answers

    What do all persons and properties in the Philippines need to do according to Article I?

    <p>Render obedience to its government (D)</p> Signup and view all the answers

    Which power allows the regulation of laws and properties in the tourism industry for public purposes?

    <p>Police power (C)</p> Signup and view all the answers

    What is a consequence of the Philippine government's inherent powers on the tourism industry?

    <p>It ensures tourism establishments follow national tourism laws. (A)</p> Signup and view all the answers

    What type of jurisdiction does Article I suggest for tourism establishments?

    <p>Local and territorial jurisdictions (D)</p> Signup and view all the answers

    According to the content, which aspect does the national territory NOT include?

    <p>Foreign territories without sovereignty (A)</p> Signup and view all the answers

    What specific document must an alien obtain from the Bureau of Immigration in order to be legally employed in the Philippines?

    <p>Working Visa (C)</p> Signup and view all the answers

    In the given scenario, what documents must Mr. John Tan ensure are obtained by the Chief Executive Officer and the Legal Counsel to guarantee their legal employment in the Philippines?

    <p>Both must have a Working Visa and a Work Permit (D)</p> Signup and view all the answers

    What government agency is responsible for granting a work permit to an alien intending to work in the Philippines?

    <p>Department of Labor and Employment (DOLE) (A)</p> Signup and view all the answers

    What type of visa allows non-Filipino nationals to temporarily work in the Philippines?

    <p>Working Visa (B)</p> Signup and view all the answers

    Based on the provided information, who are the two individuals Mr. John Tan is looking to hire for his five-star hotel?

    <p>A Chief Executive Officer and a Legal Counsel (C)</p> Signup and view all the answers

    What defines the characteristics of law as obligatory?

    <p>It includes penalties for wrongful acts. (A)</p> Signup and view all the answers

    Which body holds the power to promulgate laws in the Philippines?

    <p>The Congress of the Philippines (B)</p> Signup and view all the answers

    Which type of law regulates rights and duties that lead to causes of action?

    <p>Substantive Law (C)</p> Signup and view all the answers

    What is an example of Special or Private Law?

    <p>Tax Law (A)</p> Signup and view all the answers

    What characteristic ensures that laws are beneficial to the people?

    <p>They are passed by Congress. (D)</p> Signup and view all the answers

    Which of the following is NOT a type of law according to its scope?

    <p>Criminal Law (D)</p> Signup and view all the answers

    Which of the following statements accurately describes Adjective Law?

    <p>It includes laws that govern procedures to enforce rights. (C)</p> Signup and view all the answers

    What term is used to describe a proposal for a new law before it is enacted?

    <p>Bill (C)</p> Signup and view all the answers

    Which of the following is NOT a type of contract commonly used in the tourism and hospitality industry?

    <p>Insurance (C)</p> Signup and view all the answers

    What is the role of the courts regarding legal contracts?

    <p>To ensure the parties comply with the terms of the contract (D)</p> Signup and view all the answers

    What happens to a law that impairs the obligation of a contract?

    <p>It is deemed null and void (B)</p> Signup and view all the answers

    Why might a law that changes the terms of a contract be considered illegal?

    <p>All the above (B)</p> Signup and view all the answers

    What is the significance of the Supreme Court's statement about police power in relation to contracts?

    <p>A valid exercise of police power can outweigh contractual obligations (D)</p> Signup and view all the answers

    What was the main contention of PHILIPPINE AIRLINES (PAL) and the Chamber of Real Estate Builders Association (CREBA) in their petition to the Supreme Court?

    <p>Republic Act No. 7716 violated the obligation of contracts in existing sales agreements (C)</p> Signup and view all the answers

    Which of the following is an example of a potential impairment of the obligation in a contract, as described in the text?

    <p>A law being passed that changes the payment schedule for existing mortgages (D)</p> Signup and view all the answers

    Based on the content, what is the primary purpose of Section 10 of Article XII of the Constitution?

    <p>To prevent laws from impairing the obligations of existing contracts (A)</p> Signup and view all the answers

    Flashcards

    Working Visa

    A document allowing aliens to work legally in a country.

    Working Permit

    Authorization required to engage in a specific job.

    Chief Executive Officer (CEO)

    The highest-ranking executive responsible for overall management.

    Legal Counsel

    A professional providing legal advice and services.

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    Bureau of Immigration

    Government agency overseeing immigration processes.

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    Definition of Law

    A rule of conduct established by authority, obligatory and just.

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    Characteristics of Law

    Includes being a rule of conduct, just and obligatory, promulgated by legitimate authority, for common benefit.

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    Just and Obligatory

    Laws must be fair and carry penalties for violations.

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    Legitimate Authority

    Law must be created by a body or person with legal power, like Congress.

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    Substantive Law

    Law that creates and regulates rights and duties, leading to legal actions.

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    Adjective Law

    Law that provides methods for enforcing rights and duties.

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    General or Public Law

    Laws applying equally to all citizens, like Criminal or Political Law.

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    Special or Private Law

    Laws that pertain to specific individuals or groups.

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    Contract Law

    Laws governing the creation and enforcement of contracts between parties.

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    Impairment of Contracts

    A law that alters or violates existing contract obligations is null and void.

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    Civil Code

    Legal framework that dictates the terms and obligations of private contracts.

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    Police Power

    The state's authority to enact laws for the welfare of the public, even if it affects contracts.

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    Supreme Court's Role

    The Supreme Court interprets the validity of laws and contracts in disputes.

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    Invalidating Laws

    Laws that interfere with legal contracts can be deemed illegal or void.

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    Republic Act No. 7716

    A law regarding the Value Added Tax that was questioned for impairing existing contracts.

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    Contractual Obligations

    Duties and responsibilities outlined in a contract that parties must follow.

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    Power of Eminent Domain

    The government's power to acquire private property for public use with compensation.

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    Power of Taxation

    The government's ability to raise funds through taxes.

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    Just Compensation

    Payment to property owners when their property is taken for public use.

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    Bill of Rights

    A list of fundamental rights protected by law, often seen in constitutions.

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    Due Process of Law

    Legal requirement that ensures fair treatment in judicial proceedings.

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    Procedural Due Process

    Method that outlines how laws are enforced and rights are protected.

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    Equal Protection of the Laws

    Principle that individuals in similar situations should be treated alike under the law.

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    Article X, Section 20

    Grants legislative powers to autonomous regions for economic, social, and tourism development.

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    National Territory (Article I)

    Defines the Philippines' territory, including land, waters, and airspace under its sovereignty.

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    Importance of Location

    Establishing tourism businesses depends on territorial jurisdiction and location.

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    Sovereignty

    The authority of a state to govern itself without external interference.

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    Inherent Powers of the State

    Powers that a state possesses naturally for governance and regulation, including tourism.

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    Tourism Laws

    Regulations that tourist establishments must follow as part of Philippine governance.

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    Territorial Sea

    The waters associated with a country's coastline, part of its national territory.

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    National patrimony

    Refers to the natural resources and cultural heritage of the Philippines.

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    Qualified Filipinos

    Citizens who can contribute effectively for the common good.

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    Foreign investment regulation

    The State controls foreign investments based on national goals.

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    60% Ownership Requirement

    At least 60% capital must be Filipino-owned for certain investments.

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    Preference to Filipinos

    Preference is given to qualified Filipinos over qualified foreigners for economic rights.

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    Public utilities authorization

    Franchises for public utilities can only be granted to Filipinos or Filipino-owned corporations.

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    Maximum franchise period

    Franchises cannot be exclusive or granted for more than fifty years.

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    Equity participation encouragement

    The State promotes public equity involvement in public utilities.

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    Study Notes

    Basics of Law

    • Law is defined as a rule of conduct, just and obligatory, promulgated by legitimate authority, and of common observance and benefit.
    • Characteristics of law:
      • It's a rule of conduct, establishing order.
      • It's just and obligatory, with consequences for violations.
      • It's promulgated by legitimate authority (e.g., Congress).
      • It's for common observance and benefits, aiming for the welfare of the people.
    • Kinds of Law (by purpose):
      • Substantive Law: Creates, defines, and regulates rights and duties.
      • Adjective Law: Provides methods for aiding and protecting rights.
    • Kinds of Law (by scope):
      • General/Public Law: Applies to all people in a state (e.g., criminal law, international law, political law).
      • Special/Private Law: Applies to particular persons or things (e.g., civil law, maritime law, mercantile law).

    Tourism Law

    • Tourism is defined as the movement of people to places outside their usual environment for personal or business purposes.
    • Tourism law encompasses rules and principles for regulating tourism activities, relations, and compliance within the industry.
    • Key components include accommodation, food/beverage services, travel arrangements, and related commercial transactions.
    • The 1987 Philippine Constitution and statutes (e.g., Civil Code, Labor Code) are primary sources of law, with added considerations from executive orders, regulations, and judicial decisions.

    Importance and Application of Tourism Law

    • Tourism involves various commercial transactions and numerous governmental regulations.
    • Tourism law sources include 1987 Philippine Constitution, legislative enactments, administrative orders, judicial decisions, and customs.
    • The Constitution is the supreme law, with all other laws conforming to it.
    • The Constitution's Article XII: National Economy and Patrimony holds relevance to tourism.

    National Territory and Jurisdiction

    • Article I details the Philippines' national territory to include land, water, and air space.
    • All persons and property within this territory are subject to Philippine laws.
    • The Philippines has inherent powers (police power, eminent domain, taxation).
    • These powers impact the tourism industry through regulations and business activities.

    Bill of Rights (Article III)

    • No person shall be deprived of life, liberty, or property without due process of law. Citizens are entitled to equal protection under the law.
    • Freedom of speech, expression, and press, and the right of assembly and petition.
    • Protection of communication and correspondence.
    • Restrictions of freedom based on public safety and order are possible under law.
    • The liberty of abode and freedom of travel.

    Application of the Law (Illustrative Cases)

    • Cases highlight the applicability of established laws to specific situations in the tourism sector (e.g., specific businesses, employee rights, or foreign investment).
    • The cases illustrate the limitations on and exceptions to any freedom.

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    Description

    This quiz covers the fundamental principles of law, including its characteristics, kinds, and purposes. It also delves into the specific area of tourism law, exploring regulations that govern the movement of people. Test your knowledge on these essential legal concepts.

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