Introduction to Tourism Law

Introduction to Law on Tourism and Hospitality

• Law is a system of rules developed by societies or governments to manage crime, business agreements, and social relationships.
• A rule of conduct is a binding and enforceable principle.
• Laws are characterized by being rules of conduct, just and obligatory, and promulgated by a competent authority which must be observed.

Tourism Law

• Tourism law deals with food service, travel, and lodging industries.
• It applies to diverse sectors like restaurants, hotels, country clubs, bars, and spas.

Kinds of Law According to Purpose

• Substantive Law: Defines and regulates rights and duties, leading to a cause of action. Concerns the ends of justice and relates to matters litigated. Governs the affairs controlled by procedural law
• Adjective Law: Provides methods for protecting rights. Concerns the means of achieving justice, relates to court and litigant conduct, and governs the conduct of affairs during legal proceedings.

Kinds of Law According to Scope

• Public Law: Applies to all of a state or particular groups of people, applying equally.

• Private Law: Concerns specific groups or things.

Sources of Law

• Constitution: Is the fundamental law, paramount to all other laws, and all people must defer to it.
• 1987 Constitution, Article 1: Territorial jurisdiction is a factor in establishing businesses (hotels, travel agencies, etc.).

Compositions of the Philippine Territory

• Philippine archipelago includes the sea and islands
• All territories under Philippine sovereignty
• Internal waters of the Philippines (the waters around and between the islands).

Different Domains in the Philippine Territorial Jurisdiction

• Arial (air), Terrestrial (land), and Fluvial (water).

Inherent Powers of the Government

• Police Power: Regulates and controls property to serve public purposes.
• Power of Eminent Domain: Allows the government to acquire private land for public use, but just compensation is required.
• Power of Taxation: Enables the government to collect revenue and make necessary public expenditures.

Bill of Rights (Article III of the 1987 Constitution)

• Section 1: Protects life, liberty and property (no deprivation without due process).
• Employees' rights to due process should be upheld and upheld in business dismissals.
• Businesses in the tourism industry must ensure proper notification and opportunity to defend and give owners notice and opportunity to be heard in case of legal proceedings.
• Section 2: Protects against unreasonable searches and seizures (warrants required).
• Warrants need probable cause, determined by a judge, and must describe the location and items/people to be seized..
• Section 3: Protects privacy of communications.
• Section 4: Guarantees freedom of speech, expression, the press, assembly and petitioning the government.
• Section 6: Liberty of abode can't be violated without a proper legal order/warrant from a court.
• Section 8: Right to form associations or unions cannot be infringed upon for any reason, including public policy, public order, goods customs, and morals of society.
• Section 9: Private property cannot be taken for public use without just compensation by the government.
• Section 10: Obligations of contracts cannot be impaired by law.

Citizenship

• Membership in a political community (Albano, Political Law Reviewer).
• Citizens of the Philippines are those residing at the time of the Constitution’s adoption.
• Citizens also include those with Filipino parents/mothers.
• Naturalized citizens also hold the citizenship rights of the Philippines upon reaching legal age.

Modes of Acquiring Philippine Citizenship

• Jus Sanguinis: Citizenship is determined by parentage/bloodline.
• Jus Soli: Citizenship is determined by birth location.
• Naturalization: Process where an alien becomes a citizen.