Classification of Laws

• Laws are classified based on their purpose and scope.

Purpose of Law

• Substantive Law creates, define, and regulates rights and duties that lead to a cause of action.
• Adjective Law provides methods for aiding and protecting rights.

Scope of Law

• General or Public Law applies equally to all people or specific classes within a state, it includes:
• Criminal Law deals with crimes, punishment, and related procedures.
• International Law governs relations between states.
• Political Law regulates relations between inhabitants and the sovereign.
• Special or Private Law relates to particular persons or things, it includes:
• Civil Law regulates relationships of assistance, authority, and obedience within families and societies for protecting private interests.
• Maritime Law deals with commerce at sea, regulating ships, harbors, and seamen.
• Mercantile Law governs commercial transactions derived from merchant law, including commercial paper, insurance, and agency.

Tourism Law

• Tourism is defined as traveling for pleasure and promoting countries to attract tourists.
• The World Tourism Organization defines tourism as activities of persons traveling and staying outside their usual environment for no more than one year for leisure, business, or other reasons.
• Tourism law is a body of rules regulating interactions among members involved in tourist travel and accommodation.
• Tourism law covers tourists, businesses providing services, and sectors like hospitality, travel trade, attractions, meetings, academia, labor, and the public sector.

Importance of Tourism Law

• Tourism includes food service, hotels, transportation, events management and medical tourism, boosting gratification and entertainment.
• E-commerce is a core way to do business in tourism.
• Tourism involves numerous commercial transactions and regulations to promote its development.
• Guiding principles and statutes are required to study tourism development.
• The book discusses Philippine tourism law, relevant government agencies, and existing situations in the tourism industry, with analysis and legal application.

Sources of Law Relevant to the Tourism Industry

• Philippine Constitution is the fundamental law that all other laws conform to.
• Statutes or legislative enactments are written laws from the legislative branch.
• Examples include the Dangerous Drugs Act, Public Service Act, Civil Code, Labor Code, Revised Penal Code, Seatbelt Law, and local ordinances.
• Administrative or executive orders, these are regulations issued by administrative officials under legislative authority.
• Examples include tourism accreditation rules for Hotels, Resorts, Pension Houses etc, BIR circulars, Department of Foreign Affairs issuances, and Labor Code implementing rules.
• Judicial decisions or jurisprudence refers to Supreme Court decisions interpreting laws.
• Custom is a rule of conduct followed over time.
• Other sources include decisions from foreign tribunals and opinions of legal writers.

National Economy and Patrimony

• Section 10 states that the state shall reserve certain areas of investments to citizens or corporations with at least 60% Filipino ownership when national interest dictates.
• The state shall give preference to qualified Filipinos in granting rights, privileges, and concessions covering national economy and patrimony.
• The State regulates foreign investments in accordance with its national goals and priorities.
• Filipinization of Businesses may be done without an equal protection Clause.
• National patrimony includes natural resources and the cultural heritage of the race.
• The term "qualified Filipinos" means preference is to be given to citizens who can contribute to the common good because of credible competence and efficiency.
• A non-qualified Filipino citizen should not receive preferential/ pampering treatment, that is, it would be counterproductive and would harm the common good.
• Example: When choosing between a "qualified foreigner" and a "qualified Filipino," the latter should be chosen for economic rights.
• Article XII Section 10 of the 1987 Constitution on national patrimony states preference to qualified Filipinos when granting privileges.

Obligations and contracts (The law)

• An Article 1156 obligation is a juridical necessity to give, to do or not to do.

Discussion of the law concerning obligations and Contracts

• An obligation is a legal duty that when violated, can become the basis of a legal action.
• Every obligation has four elements:
• An active subject (obligee or creditor) who can demand performance.
• A passive subject (debtor) who must perform.
• An object or prestation which is an undertaking to give, to do, or not to do.
• A juridical or legal tie (vinculum) that binds the parties.
• The tie or vinculum arises either from the law or from contracts.
• Obligations of the passive Subject:*
• Obligation to Give: An obligation to deliver a determined thing that the passive subject has obligated himself or herself to do.
• To deliver all accessories and accessions.
• To take are of the thing with the proper diligence of a good father.
• To pay damages in case of breach of obligation.
• Obligation to do: If the debtor fails to do what has been obliged to do, the payment will be done at his expense.
• and at his benefit
• The sources of liability(for damages) of a party in an obligation, as are the following:*
• Fraud: Incidental fraud (dolo incidente) is fraud incident, with an intent to evade the normal fulfillment of the obligation and to cause damage.
• Negligence: Culpa contractual is a lack of diligence, or carelessness in performing a contract (i.e., of common carrier)
• Negligence is the omission of diligence required by the nature of the obligation and the circumstances.
• Delay (Mora):* A debtor is liable for delay only when the creditor demands fulfillment, unless:
• The law states demand isn't needed.
• The contract mentions demand isn't required.
• Time is of the essence.
• Demand would be useless.
• Contravention of tenor*
• Performance contrary to agreed terms makes the debtor liable.
• Law establishes that Obligations arise from :Law, contracts, quasi--contracts, acts punishable by law, and quasi-delicts
• Obligations arise only out of law and contracts.*

Other key points

• Quasi contracts: Refers to a lawful, voluntary and unilateral act based on the maxim the no one shall be unlawfully enriching themselves at the expense of another.
• The two forms of quasi contract are solutio indebiti and negotriorium gestio. with deals with payment by mistake
• and negotorium gestio being When one person takes abandoned business without owners consent assumes management.
• Governed Civil obligations arising Criminal offenses: governed Provisions of the civil code in revised penal code.
• Quasi-delict: any act or omission which causes damage to another with no pre-extising contractual agreement. Culpa equiliana.
• Classes of Primary and Secondary classification of obligations includes Pure and Conditional Obligations, obligations with a period, alternative and facultative obligations, civil and nautral
• Pure obligation is not subject to any condition and no specific date is therefore immediately demandable.
• Conditional obligation us where the consequences are subject in one way or another to the. fulfillment of an obligation. Obligations with period are subject in one way or another to the expiration of said period or term
• Joint obligations are those where, although there concur two or more creditors and debtors, in one and the same obligation, there is no right to demand nor a duty on the part of each of the latter to render entire compliance of the entire obligation.