Introduction to Law

Introduction to Law

• Law is a system of rules developed by a society or government
• Law addresses crime, business agreements, and social relationships
• Law is a binding custom or practice in a community
• Law is a rule of conduct or action prescribed, recognized, and enforced by an authority

Characteristics of Law

• Rule of human conduct
• Just and obligatory
• Promulgated by a competent authority
• Must be observed by all

Tourism Law vs Hospitality Law

• Tourism laws provide a regulatory framework for tourism development, natural resource conservation, and cultural preservation
• Hospitality laws address food service, travel, and lodging industries

Kinds of Laws by Purpose

• Substantive Law creates, defines, and regulates rights and duties that can give rise to a cause of action
• Adjective Law provides methods for aiding and protecting certain rights

Kinds of Laws by Scope

• Public Law applies to all or particular classes of people in the state with equal force and obligation
• Private Law relates to particular classes of people or things

Constitution

• Constitution contains the basic principles and laws of a nation or state
• Constitution determines the powers and duties of the government
• Constitution guarantees certain rights to the people and is supreme
• Constitution balances government power and citizens' rights
• Constitution defines, prescribes, and limits the power of the government and the rights of the people
• Constitution establishes the state's territory

Jurisprudence

• Jurisprudence is the course of court decisions
• In the Philippines, jurisprudence is the Supreme Court's decisions

Treaty

• A treaty is a compact between two or more independent nations for public welfare

Customs and Traditions

• Customs and traditions are bases of law and part of the Filipino legal heritage
• The State recognizes, respects, and protects the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions

Constitution and Tourism/Hospitality

• The word "tourism" appears once in the 1987 Philippine Constitution
• Article X, Section 20 grants autonomous regions legislative powers over economic, social, and tourism development within their territory

National Territory

• The location of a business or its territorial jurisdiction is a factor in establishing hotels, travel agencies, and related establishments
• Article I, Section 1 defines the national territory as the Philippine archipelago with all its islands and waters, including terrestrial, fluvial, and aerial domains, territorial sea, seabed, subsoil, and insular shelves

Bill of Rights

• Declaration of rights or a charter of rights
• Lists the most important rights of the citizens of a country
• Protects rights against infringement from public officials and private citizens
• Enshrined in Article III of the 1987 Constitution

Specific Rights

• No person shall be deprived of life, liberty, or property without due process or denied equal protection
• People have the right to be secure in their houses, papers, and effects against unreasonable searches and seizures
• The privacy of communication and correspondence is inviolable unless ordered by a court or when public safety requires otherwise
• There shall be no law abridging freedom of speech, expression, or the press; the right to peacefully assemble and petition the government
• No law respecting the establishment of religion or prohibiting its free exercise shall be made
• Liberty of abode and travel is protected, except as provided by law in the interest of national security, public safety, or public health
• The right to information on matters of public concern shall be recognized
• The right of the people to form unions, associations, or societies shall not be abridged
• Private property shall not be taken for public use without just compensation
• No law impairing the obligations of contracts shall be passed

Citizenship

• A legal status where a person has the right to live in a state and the state cannot refuse entry or deport them

Citizens of the Philippines

• Those who were citizens at the time of the adoption of the 1987 Constitution
• Those whose fathers or mothers are citizens of the Philippines
• Those born before January 17, 1973, of Filipino mothers, who elected Philippine citizenship upon reaching the age of majority
• Those who are naturalized in accordance with law

Modes of Acquiring Citizenship

• Jus Sanguinis: Citizenship is acquired by blood relationship (born to Filipino parents)
• Jus Soli: Citizenship is determined by place of birth
• Naturalization: The process by which a state adopts an alien and endows them with citizenship