Introduction to Law in Tourism Chapter 1

Questions and Answers

What is the highest court in the Philippines?

Court of Appeals

Supreme Court (correct)

Municipal Trial Court

Regional Trial Court

Which branch is primarily responsible for the enactment of laws?

Executive Branch (correct)

Local Government Officials

Judiciary Branch

Legislative Branch

In the event of a conflict, which law prevails?

Municipal Law

Special Laws

Constitution (correct)

Executive Orders

What document embodies the basic principles and laws of a nation or state?

Constitution Signup and view all the answers

How many readings must a bill undergo on the floor before it is revised?

Three readings Signup and view all the answers

What must businesses in tourism and hospitality consider before operations?

Legal repercussions of their actions Signup and view all the answers

Which of the following is NOT a special court in the Philippines?

Regional Trial Court Signup and view all the answers

Which of the following is NOT a characteristic of law?

Changeable at any time Signup and view all the answers

Who is responsible for questioning the bill after it is read on the floor?

Fellow members of the House Signup and view all the answers

What does substantive law refer to?

The methods of enforcing law Signup and view all the answers

What does the preamble of the Philippine Constitution highlight as an important element?

Securing blessings of independence and democracy Signup and view all the answers

What is meant by justness of the law?

It is fair and equitable to all individuals Signup and view all the answers

What permissions do enterprises have regarding environmental exploitation?

They must adhere to regulations set by authorities Signup and view all the answers

Which branch of government executes the law in the Philippines?

Executive Signup and view all the answers

What does procedural law emphasize?

Fairness and reasonableness in judicial processes Signup and view all the answers

How is law primarily defined?

A system of rules enforced by regulatory bodies Signup and view all the answers

What does Article 1, Section 1 of the 1987 Constitution define as part of the national territory?

The Philippine archipelago and all territories under Philippine sovereignty Signup and view all the answers

Which of the following is NOT included in the composition of the Philippine territory?

Overseas territories Signup and view all the answers

What is the main purpose of declaring a bill of rights?

To protect citizens' rights against infringement Signup and view all the answers

Which of the following best describes the power of eminent domain?

The power to acquire private property for public use with payment of compensation Signup and view all the answers

Which type of domain is NOT explicitly mentioned in relation to the Philippines' territorial jurisdiction?

Marine environment Signup and view all the answers

What inherent power allows the government to regulate laws and properties?

Police Power Signup and view all the answers

Under what condition can the government demolish a business under the power of eminent domain?

After payment of just compensation Signup and view all the answers

What is the principal objective of the police power of the government?

To maintain public order and safety through regulation Signup and view all the answers

What rights are recognized, respected, and protected concerning indigenous cultural communities?

The right to preserve and develop their cultures. Signup and view all the answers

What main area does the organic power of autonomous regions have legislative authority over according to the discussed provisions?

Economic, social, and tourism development. Signup and view all the answers

Which of the following best describes tourism laws?

A combination of state, local, and international regulations in the travel industry. Signup and view all the answers

Which aspect is primarily addressed by hospitality laws?

Regulations around food service and lodging. Signup and view all the answers

What preliminary step is advised before establishing a business?

Performing a feasibility study. Signup and view all the answers

Which form of business organization is characterized by a single owner?

Sole Proprietorship. Signup and view all the answers

What factor should NOT be considered when establishing a business?

Social media popularity. Signup and view all the answers

Why is it essential for tourism and hospitality businesses to define their nature clearly?

To prevent legal issues. Signup and view all the answers

Who is personally liable for criminal acts committed in a corporate setting?

The individual employee who committed the act Signup and view all the answers

What is the legal presumption regarding liability for negligent acts of employees?

Corporations are generally liable for negligent acts of their employees. Signup and view all the answers

What must a corporation demonstrate to avoid liability for an employee's negligent act?

That it performed due diligence in hiring and supervision Signup and view all the answers

According to Article 1156 of the Civil Code of the Philippines, what is an obligation?

A juridical necessity to give, to do, or not to do Signup and view all the answers

What are the potential consequences of non-compliance with obligations?

Different courses of action such as demand for payment and damages Signup and view all the answers

Which of the following best describes an obligation to give?

An obligation to deliver a movable or immovable thing Signup and view all the answers

Which type of obligation requires a person to perform a specific action?

Obligation to do Signup and view all the answers

In the context of contracts, what are the two parties involved referred to as?

Debtors and creditors Signup and view all the answers

Study Notes

Introduction to Law on Tourism and Hospitality

Business operations in tourism and hospitality are contingent upon adherence to laws, standards, and policies.
Legal regulations are essential to prevent environmental exploitation by businesses.
Starting a hotel or similar business requires consideration of potential legal consequences.

Definition of Law

Law comprises a system of rules established by society or government to manage crime, agreements, and social relations.
It has been defined as binding customs or practices recognized by authorities.

Characteristics of Law

Laws regulate human conduct and are obligatory for all members of society.
Justness ensures fairness and equitable application without discrimination.
Laws must be promulgated by competent authorities and adhered to universally.

Types of Law

Substantive Law: Governs how laws are enforced and requires hearings before condemnation.
Procedural Law: Ensures fairness and reasonableness in legal processes.

Political Structure in the Philippines

Mixture of Anglo-American and Spanish legal frameworks.
Branches of Government:
- Legislative: Composed of Congress; responsible for law-making.
- Executive: Enforces laws; led by the President.
- Judiciary: Interprets laws; consists of the Supreme Court and lower courts.

Legislative Process

Creation of a law involves drafting a bill, multiple readings, revisions, and presidential approval.
The 1987 Constitution serves as a pivotal legal document.

Constitution Overview

The Constitution outlines government powers and citizens' rights, establishing supremacy over all laws.
The Preamble expresses the values and aspirations of the Filipino people.

National Territory

Essential to delineate national territory to avoid conflicts; includes all islands and waters within Philippine sovereignty.
Territorial domains encompass aerial, terrestrial, and fluvial jurisdictions.

Inherent Powers of Government

Police Power: Authority to regulate for public welfare.
Power of Eminent Domain: Government can acquire private property for public use with just compensation.
Power of Taxation: Used to acquire government revenue and regulate business activities.

Bill of Rights

Lists fundamental rights of citizens, protecting against infringements by officials and individuals.
Asserts the state's obligation to respect indigenous cultural communities' rights.

Tourism Laws vs. Hospitality Laws

Tourism Laws: Govern the travel industry, ensuring sustainable development and conservation of resources.
Hospitality Laws: Pertains to food service and lodging, covering contracts, labor laws, and liability issues.

Business Considerations in Tourism and Hospitality

Establishing a business requires thorough feasibility studies to evaluate financial projections and market competition.
Forms of business organization in tourism and hospitality include sole proprietorship and partnerships.

Legal Liability of Businesses

Corporations are distinct entities; criminal acts committed by employees can hold individuals accountable, not the corporation.
Corporations can be liable for negligent acts of employees unless they prove due diligence in hiring and supervision.

Understanding Contracts and Obligations

Obligations pertain to the legal necessity to give, do, or refrain from certain actions.
Non-compliance can lead to legal repercussions, including the demand for damages.

Types of Obligations

Obligation to Give: Involving delivery of goods or services.
Obligation to Do or Not to Do: Encompassing various duties or prohibitions.

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Description

This quiz covers the foundational concepts of law as it applies to the tourism and hospitality industries. It explores the regulations, policies, and standards that govern businesses in these sectors, emphasizing the importance of compliance with local and national laws for sustainable practices. Test your knowledge on the essential legal frameworks affecting tourism and hospitality enterprises.