Introduction to Law on Tourism and Hospitality PDF

Introduction to Law on Tourism and Hospitality Law – is a system of rules that a society or government develops in order to deal with crime, business agreements, and social relationships. Collins (2018) − A rule of conduct or action prescribes or formally recognized as binding or enforced by a c...

Introduction to Law on Tourism and Hospitality Law – is a system of rules that a society or government develops in order to deal with crime, business agreements, and social relationships. Collins (2018) − A rule of conduct or action prescribes or formally recognized as binding or enforced by a controlling authority. Webster (2018) − Laws may be characterized by the following: 1. Rule of Human Conduct 2. Just and Obligatory 3. Promulgated by a Competent Authority 4. It must be Observed by All Tourism Law – deals with food service, travel, and lodging industries. − It is applicable to the different nuances of restaurant, hotel, country club, bar, spa, and related industries. Kinds of Law According to Purpose 1. Substantive Law – a law which created, defines, and regulates rights and duties that can give rise to a cause of action. − It deals with the ends which the administration of justice seeks. − It relates and determines matters litigated. − It regulates the affairs controlled by procedural law. 2. Adjective Law – provides the methods of aiding and protecting certain rights. − It is concerned with the means and instruments by which those ends can be achieved. − It relates with the conduct and relations between courts and litigants. − It regulates the conduct of affairs in the course of administration of justice. Kinds of Law According to Scope 1. Public Law – applies to all the state or to a particular class of persons in the state, with equal force and obligation. 2. Private Law – relates to particular class of persons or things.  Sources of Law 1. Constitution – is known to be the basic and the paramount law to which all other laws must conform and to which all persons including the highest official of the land must defer. ( Supreme of all the laws) 2. Provisions of the 1987 Constitution Article 1 of the 1987 Constitution RE NATIONAL TERRITORY – a factor to be considered in the setting up of a hotel, travel agency, and any related establishment; the territorial jurisdiction of the business. Compositions of the Philippine Territory 1. Philippine Archipelago – a Greek word pelagos – “sea”. − Includes both sea and islands w/c geographically considered as independent whole. 2. All the territories in which the Philippines has sovereignty or jurisdiction. 3. Internal Waters of the Philippines – waters around between and connecting the islands of the archipelago, regardless of their breadth and dimensions. Different Domains in the Philippine Territorial Jurisdiction 1. Arial (air) 2. Terrestrial (land) 3. Fluvial (water) 3 Inherent Powers of the Government 1. Police Power – the power of the government to regulate laws and properties for public purpose. 2. Power of Eminent Domain – the power of the government to forcibly acquire private property for public purpose and after payment of just compensation. 3. Power of Taxation – the power of government to acquire revenues.  Bill of Rights ARTICLE III OF THE 1987 PHILIPPINE CONSTITUTION – sometimes called as “Declaration of Rights”, is a list of the most important rights to the citizens of a country. 1. Article III, Section 1 – “No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of laws.” − Employees cannot be dismissed without due process. − Notification and time to explain. − Foreclosure of any tourism business establishment cannot be ordered without giving the owners notice and opportunity to be heard. 2. Article III, Section 2 – “The right of the people to be secured in their houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce and particularly describing the place to be searched and the person or things to be seized.” − NEED FOR A WARRANT 1. Search Warrant – (place to be searched) is an order in writing, issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for certain personal property and bring it before the court. (Rules of Court, Rule 126, Sec.1.) 2. Warrant of Arrest – is issued upon the probable cause to be determined personally by the judge after examination under oath affirmation of the complainant(s) and the witnesses he may produce and particularly describing the (person to be arrested). 3. Article III, Section 3 – “(1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when what public safety or order requires otherwise as prescribed by law.” − “(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.” 4. Article III, Section 4 – “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for the redress of their grievances.” 5. Article III, Section 6 – “The liberty of abode and changing of the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.” 6. Article III, Section 8 – “The right of people, including those employed in the public & private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.” − No person can be dismissed from employment on account of joining an organization that is not against public policy, public order, goods customs and morals. − The management of the business should encourage their employees to join the different organizations that would help them develop as better persons. 7. Article III, Section 9 – “Private property shall not be taken for public use without just compensation.” − Pertains to one of the inherent powers of the government w/c is the power of eminent domain. − The following Elements should be noted: 1. Taking of private property 2. The taking is for private purpose 3. There must be a just compensation 8. Article III, Section 10 – “No law impairing the obligations of contracts shall be passed.” Citizenship – membership in a political community w/c is more or less permanent in nature. (Albano, Political Law Reviewer; p. 350) Who are considered Citizens of the Philippines? ✓ Those who are citizens of the Philippines at the time of the adoption of the Constitution ✓ Those whose fathers or mothers are citizens of the Philippines ✓ Those born before January 17, 1973, of Filipino mothers, who had elected Philippine citizenship upon reaching the age of majority ✓ Those who were naturalized in accordance with the law (Sec 1, Art 4, 1987 Constitution). Natural-Born Citizens of the Philippines – those who are citizens of the Philippines from birth, without having to perform any act to acquire or to perfect their Philippines citizenship. Modes of Acquiring Philippine Citizenship 1. Jus Sanguinis – it means that the citizenship of the person is acquired by blood relationship as when a child is born by Filipino parents, wherever he may be born. 2. Jus Soli – the citizenship of the person is determined by the place of birth. 3. Naturalization – it is a process whether judicial or administrative by which the state places the imprint of a native citizen when he adopts an alien and gives him the imprint and endowment of a citizen of that country.