Introduction to Law: Definition, Characteristics

• Law is a set of rules prescribed by an authority, binding on citizens, and subject to sanctions.
• Law is a rule of action or system of uniformity.
• Law governs human activity and regulates movements.
• Law maintains social order, uphold justice, and prevent harm.
• Law consists of principles and regulations established by authority, either through legislation or customs, enforced by judicial decisions.

Characteristics of Law

• Law specifies required and prohibited actions, focusing on external conduct.
• Law imposes duties and includes sanctions for enforcement.
• Laws are created by competent authorities such as Congress or legislative bodies.
• Law regulates human relations to maintain social harmony and order.

Kinds of Law based on Purpose

• Substantive Law defines rights and duties.
• Procedural Law provides methods to enforce rights and obligations.

Kinds of Law based on Scope

• General or Public Law applies to all citizens and concerns public welfare.
• Administrative Law governs government agencies such as Department of Tourism.
• Constitutional Law protects citizen's rights as stated in the Constitution.
• Criminal Law defines crimes and their punishments.
• Municipal/City Laws are ordinances and regulations for local governance.
• Political Law regulates relationships between people and the state.
• International Law governs relations between states.
• Special or Private Law governs relationships between individuals and private entities.
• Civil Law regulates family relations and private rights.
• Maritime Law covers commerce by sea, including ships and seamen.
• Mercantile Law regulates commercial transactions, insurance, and agencies.

Sources of Law Relevant to Tourism, Travel, and Hospitality

• The Philippine Constitution is the fundamental law.
• Statutes or Legislative Enactments include laws like the Civil Code, Labor Code, and Public Service Act.
• Treaties are agreements between nations affecting travel and tourism.
• Administrative or Executive Orders, Regulations, and Rulings are issued by government agencies.
• Judicial Decisions (Jurisprudence) are Supreme Court rulings interpreting laws.
• Customs are long-standing practices recognized as binding rules.

Main Sources of Philippine Law

• The Constitution is the supreme law.
• Statutes are laws passed by Congress and local governments.
• Treaties and Conventions are international agreements recognized as laws.
• Judicial Decisions are Supreme Court rulings that establish legal precedents.

Branches of the Government of the Philippines

• The Philippine government operates under a presidential system with three branches.
• The Legislative Branch (Article VI) is composed of the Senate and House.
• The Legislative Branch can create, amend, and repeal laws.
• The Executive Branch (Article VII) is headed by the President.
• The Executive Branch includes the Vice President and the President's Cabinet and Enforces laws.
• The Judicial Branch (Article VIII) is composed of the Supreme Court and lower courts.
• The Judicial Branch interprets laws and resolves disputes.
• The Judicial Branch has Judicial Review power to declare laws unconstitutional.

Definition of Tourism Law

• Tourism Law regulates authority, obedience, and interactions in tourism activities.
• Tourism Law covers tourists and tourism service providers.
• Tourism Law includes state, federal, and international laws regulating the travel industry.
• Tourism Law covers hospitality, employment, public health, and tourism matters.

World Tourism Organization (UNWTO) Definition of Tourism

• Tourism includes activities of persons traveling and staying outside their usual environment for less than one year for leisure, business, or other purposes.

National Territory

• It includes the Philippine archipelago and its islands, waters, and territories.
• Includes terrestrial, fluvial, aerial domains, territorial sea, seabed, subsoil, insular shelves, and submarine areas.
• Internal waters are waters around, between, and connecting islands.

Article III - Bill of Rights

Section 1: Life, Liberty, and Property

• No deprivation of life, liberty, or property without due process.
• No denial of equal protection under the law.
• Life includes the right to a decent living.
• Liberty includes the right to live, work, earn a livelihood, and enter contracts.
• Property includes anything of value and within commerce, including the right to earn wages and engage in business.
• Equal protection means similar situations must be treated similarly.
• Due process means fair proceedings before judgment.

Essential Requirements of Procedural Due Process:

• A court or tribunal must have judicial power.
• Must be jurisdiction over the person or property

Section 3: Privacy of Communication

• Privacy is inviolable except by lawful court order or for public safety.
• Republic Act 4200 (Anti-Wiretapping Law) penalizes unauthorized wiretapping.
• Wiretapping is permitted for crimes like treason, espionage, rebellion, sedition, and kidnapping.

Section 4: Freedom of Speech and Press

• It protects oral, written, and digital expression.
• Obscenity is not protected; it must appeal to prurient interests, depict offensive sexual conduct prohibited by law, and lack serious value, artistic, political, or scientific.

Section 6: Liberty of Abode and Right to Travel

• Freedom to choose and change residence.
• Freedom to travel is restricted for national security, public safety, or public health reasons.
• Hold departure orders (HDO) can be issued by courts for criminal suspects.

Section 8: Right to Form Unions

• Public and private sector employees may form unions.
• Government employees do not have the right to strike.

Section 10: Obligation of Contracts

• No law shall impair contractual obligations.
• Contracts are binding unless they violate laws or public policy.
• The Supreme Court allows government interference under police power for public welfare.

Article XII – National Economy and Patrimony

Section 10: Investment and Economic Rights

• Congress reserves certain industries for Filipinos with at least 60% Filipino ownership.
• The state prioritizes Filipino citizens in economic rights, privileges, and concessions.
• National patrimony includes natural resources and cultural heritage.
• Preference is given to qualified Filipinos contributing to the common good.
• National Patrimony refers to the country's natural resources and cultural heritage.
• National Patrimony includes arts, sciences, and intellectual achievements.
• Conservation and development apply to both physical and intellectual resources.
• Tourism Law governs travel, accommodation, and tourism business services.
• The Philippine National Territory includes land, water, and airspace. Article III - Bill of Rights, protects life, liberty, property, speech, privacy, travel, and union formation.
• Contracts are legally binding unless they violate public interest.
• National economy policies prioritize Filipino citizens and businesses in key industries.