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Questions and Answers
What is the fundamental law of the land?
What is the fundamental law of the land?
Which type of law is the written will of the legislative department prescribing rules of action?
Which type of law is the written will of the legislative department prescribing rules of action?
Who issues Administrative or Executive Orders in the tourism industry?
Who issues Administrative or Executive Orders in the tourism industry?
What do Judicial Decisions refer to in the context of laws governing tourism?
What do Judicial Decisions refer to in the context of laws governing tourism?
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Which source of law refers to a rule of conduct followed for an appreciable time among certain groups of people?
Which source of law refers to a rule of conduct followed for an appreciable time among certain groups of people?
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In the tourism industry, what does 'Public Service Act' represent as a source of law?
In the tourism industry, what does 'Public Service Act' represent as a source of law?
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What is the primary purpose of the power of eminent domain?
What is the primary purpose of the power of eminent domain?
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How does the government ensure fairness when ordering the demolition of a business establishment under its project?
How does the government ensure fairness when ordering the demolition of a business establishment under its project?
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What is the main purpose of imposing higher taxes on businesses like those potentially involved in illegal activities?
What is the main purpose of imposing higher taxes on businesses like those potentially involved in illegal activities?
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Under Article III of the Philippine Constitution, what rights are protected against infringement?
Under Article III of the Philippine Constitution, what rights are protected against infringement?
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What is the key focus of the provisions in Article III that apply to the tourism and hospitality industry?
What is the key focus of the provisions in Article III that apply to the tourism and hospitality industry?
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How can the government exercise its power of taxation effectively in limiting certain business activities?
How can the government exercise its power of taxation effectively in limiting certain business activities?
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Can the Court deny Mr. Bondoc's request to leave for the United States without violating his constitutional right to travel?
Can the Court deny Mr. Bondoc's request to leave for the United States without violating his constitutional right to travel?
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Which document specifically prohibits government employees from going on strike?
Which document specifically prohibits government employees from going on strike?
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What is one key difference between the rights of government employees and private sector employees regarding unions?
What is one key difference between the rights of government employees and private sector employees regarding unions?
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In which industry is there a higher possibility of unions and associations being formed to protect employee rights?
In which industry is there a higher possibility of unions and associations being formed to protect employee rights?
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What is the reason for government employees not having the constitutional right to strike?
What is the reason for government employees not having the constitutional right to strike?
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Which law provides a broader discussion on the formation of unions in the Philippines?
Which law provides a broader discussion on the formation of unions in the Philippines?
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What constitutional provision guarantees the freedom to choose and change one's place of residence and dwelling place?
What constitutional provision guarantees the freedom to choose and change one's place of residence and dwelling place?
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Who must be citizens of the Philippines according to the text?
Who must be citizens of the Philippines according to the text?
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What can be considered a lawful order of the court that regulates the liberty of abode and travel?
What can be considered a lawful order of the court that regulates the liberty of abode and travel?
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What is the requirement for foreign investors participating as the board of directors of public utility enterprises?
What is the requirement for foreign investors participating as the board of directors of public utility enterprises?
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In which fields are Filipino talents preferred for employment according to the text?
In which fields are Filipino talents preferred for employment according to the text?
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What is similar to a 'lawful order of the court' under the constitutional provision mentioned in the text?
What is similar to a 'lawful order of the court' under the constitutional provision mentioned in the text?
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In what situations can the right to travel be impaired according to the text?
In what situations can the right to travel be impaired according to the text?
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What is one specific provision from the Foreign Investment Negative List mentioned in the text?
What is one specific provision from the Foreign Investment Negative List mentioned in the text?
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Who has the authority to issue a hold-departure order as per the text?
Who has the authority to issue a hold-departure order as per the text?
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What is the primary aim regarding the development of a reservoir of national talents?
What is the primary aim regarding the development of a reservoir of national talents?
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Which right is guaranteed by the freedom to choose and change one's place of residence within lawful limits?
Which right is guaranteed by the freedom to choose and change one's place of residence within lawful limits?
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What is the main restriction on the practice of professions in the Philippines according to the text?
What is the main restriction on the practice of professions in the Philippines according to the text?
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Study Notes
Fundamental Laws and Legal Framework
- The Constitution serves as the fundamental law of the land.
- Written law from the legislative department prescribes rules of action known as statutory law.
Administrative Orders in Tourism
- Administrative or Executive Orders specifically impacting the tourism industry are issued by the government or relevant executive authorities.
Judicial Decisions in Tourism
- Judicial Decisions refer to court rulings that establish legal precedents relevant to laws governing the tourism sector.
Customary Law
- Customary law represents a rule of conduct that has been accepted and followed for a significant period among specific communities.
Public Service Act
- In the tourism industry, the 'Public Service Act' acts as a legal framework regulating public services and their operations.
Eminent Domain
- The power of eminent domain enables the government to expropriate private property for public use, with appropriate compensation.
Fairness in Demolition Projects
- The government ensures fairness by providing due process and compensation when demolishing business establishments for public projects.
Taxation on Illegal Activities
- Higher taxes on businesses suspected of illegal activities aim to deter such practices and provide the government with revenue for law enforcement.
Constitutional Rights under Article III
- Article III of the Philippine Constitution protects civil liberties, including rights to due process, freedom of expression, and privacy.
Focus of Article III in Tourism
- Provisions within Article III emphasize employee rights, consumer protection, and equal treatment in the tourism and hospitality sectors.
Effective Taxation and Business Limitation
- The government can utilize its power of taxation to impose fees or taxes on certain activities, effectively limiting undesirable business practices.
Travel Rights and Court Denials
- Courts can deny travel requests without infringing on constitutional rights if there are legitimate legal grounds, such as pending cases.
Government Employees and Strike Prohibitions
- A specific document prohibits government employees from going on strike to ensure uninterrupted public service.
Rights of Government vs. Private Sector Employees
- Government employees have more restricted union rights compared to private sector employees, impacting their ability to organize and strike.
Union Formation in Industries
- The tourism and hospitality sectors are more likely to see the formation of unions and associations to advocate for employee rights.
Reasons Against Striking for Government Employees
- Government employees cannot strike due to their duty to maintain essential services and ensure public welfare.
Unions and Philippine Labor Law
- Philippine labor law provides broader discussions and guidelines concerning the formation and operation of labor unions.
Residence and Travel Freedom
- The constitutional provision guarantees individuals the right to choose and change their residence within lawful limits.
Citizenship Requirements
- Certain positions and rights in the country require individuals to be citizens of the Philippines.
Lawful Court Orders
- A lawful order of the court can regulate liberty concerning residence and travel, ensuring compliance with legal standards.
Foreign Investor Board Participation
- Foreign investors seeking to participate on the boards of public utility enterprises must meet specific criteria set forth by regulations.
Preferred Employment Fields for Filipinos
- Filipino talents are favored in fields that align with local needs and skills, including tourism, hospitality, and professional services.
Lawful Orders and Travel Limitations
- Similar to a lawful court order, specific governmental mandates can limit the right to travel under certain conditions.
Restrictions on Right to Travel
- The right to travel can be impaired in instances involving legal restrictions, national security, or public health concerns.
Foreign Investment Negative List
- The Foreign Investment Negative List outlines sectors where foreign investments are restricted or prohibited.
Authority for Departure Orders
- The authority to issue a hold-departure order typically resides with the court or designated government agencies.
Development of National Talents
- The primary aim is to cultivate a reservoir of national talents to meet industry demands and support economic growth.
Rights in Residence Choices
- Freedom to choose and change one's place of residence is guaranteed within legal frameworks to uphold individual liberties.
Profession Practice Restrictions
- The primary restriction on practicing professions in the Philippines generally pertains to necessary qualifications and licensing requirements.
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Description
Learn about the sources of laws relevant to the tourism and hospitality industry, including the 1987 Philippine Constitution and Statutes or Legislative Enactments. These laws govern the principles and regulations in the tourism sector.
