Introduction to Tourism Laws and the 1987 Constitution.pdf

Lecture No. 1: Introduction to Tourism Laws and 1987 Constitution Atty. Faye Agcarao INTRODUCTION TO TOURISM LAWS 1. Importance of knowing the law ∙ In the future, one may encounter legal problems or issues that may result to legal or actual...

Lecture No. 1: Introduction to Tourism Laws and 1987 Constitution Atty. Faye Agcarao INTRODUCTION TO TOURISM LAWS 1. Importance of knowing the law ∙ In the future, one may encounter legal problems or issues that may result to legal or actual controversies while working in establishments or operating a business. As such, it is important that students at this early stage must know some of the basics or fundamentals of law, its concepts and application. 2. Definition and Characteristics of Law ∙ “Law” – is defined as a rule of conduct, just and obligatory, promulgated by legitimate authority and of common observance and benefits. ∙ Characteristics of Law: i. It is a rule of conduct. – If there is no law in the society, there will be chaos or disorder. Because there is a law, order is established as people conduct themselves accordingly. ii. It is just and obligatory. – Laws must be applied to people who are similarly situated. On the other hand, the law is obligatory because of the penalty or legal consequence it provides. iii. It is promulgated by legitimate authority. – It is important that the people who creates the law must have the power and authority to do so. iv. It is for common observance and benefits. – Laws are passed and implemented for the welfare of the people. BRANCHES OF THE GOVERNMENT EXECUTIVE LEGISLATIVE JUDICIAL The power to execute, The power to make, The power to interpret the law. enforce, or implement the revise, repeal, or amend law. the law. This power is vested to This power is vested to This power is vested to the President of the the Congress of the the courts in the Philippines. Philippines which is Philippines. comprised of the House of Representatives and the Senate. The different departments In the local government unit The Supreme Court is the such as the Department of (LGU), ordinances are passed highest court of the land. Tourism (DOT), Department by the Sangguniang Other courts such as the of Panlalawigan, Sannguniang Municipal Trial Courts, Transportation (DOTr), Panlungsod, Regional Trial Courts, Court Department of Foreign Sangguniang Bayan, and of Appeals, Affairs (DFA), etc., are the Sangguniang Sandiganbayan, and Court under the Barangay. of Tax appeals also belong Executive Branch. to the judicial branch of the government.  Page 1 of 6 Lecture No. 1: Introduction to Tourism Laws and 1987 Constitution Atty. Faye Agcarao THE 1987 CONSTITUTION ∙ “Doctrine of constitutional supremacy” – means that, the Constitution is the supreme law of the nation. 1. ARTICLE III, 1987 CONSTITUTION – BILL OF RIGHTS o The Bill of Rights governs the relationship between the individual and the state. It is a limitation on the powers of the government. o As such, the Bill of Rights cannot be invoked if the one who violated the same is a private individual or entity. It can only be invoked or used if the one who violated it is the government. o The purpose of the Bill of Rights is to protect the people against abusive and discriminatory use of political power. ∙ Case study: Yrasuegi vs. Philippine Airlines (PAL), G.R. No. 168081, October 17, 2008 Facts: o Armando Yrasuegi is a former international flight attendant of PAL. At the time, the Cabin and Crew Administration Manual of PAL prescribed that the weight requirement for a man of his height and body structure was supposed to be from 147 to 166 pounds. o When he was hired, Yrasuegi met the requirement. However, in the course of his employment, he weighed 205 pounds which was already beyond the 166 pounds limit. He was given a chance to lose weight, however, he overweighed again at 215 pounds. After that, Yrasuegi was terminated for violating company rules. o Because of this, Yrasuegi filed an illegal dismissal case against PAL. One of his arguments is that the company rules of PAL are discriminatory and unfair. He invoked Section 1 of the Bill of Rights, particularly the right to equal protection. Issue: ∙ Is Yrasuegi correct in invoking Section 1 of the Bill of Rights against PAL, which is a private entity? Ruling: ∙ No, Yrasuegi is NOT correct in invoking the Bill of Rights. The Bill of Rights is not meant to be invoked against acts of private individuals like PAL, a private entity. The equal protection is not a shield against private conduct, no matter how discriminatory or wrongful. 2. THE RIGHT TO DUE PROCESS AND RIGHT TO EQUAL PROTECTION OF THE LAW Section 1, Article III of the 1987 Constitution:  “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 the laws.” Page 2 of 6 Lecture No. 1: Introduction to Tourism Laws and 1987 Constitution Atty. Faye Agcarao ∙ “Due process of law” – means the right to be notified and the opportunity to be heard, before judgment is rendered. ∙ Requirements of due process: 1) There must be notice; and 2) There must be an opportunity to be heard before judgment is rendered. ∙ In the absence of any of the above requirements, there will be no due process. Therefore, if there is no due process, any act of the government against a person will be unconstitutional. ∙ Case Study: City of Manila vs. Laguio, G.R. No. 118127, April 12, 2005 o Facts: ▪ The City of Manila passed an ordinance prohibiting the establishment or operation of businesses within Ermita-Malate area. Included as prohibited establishments are motels and inns. The purpose of the ordinance is to prevent prostitutions. ▪ Under the ordinance, the owners/operators of motels and inns that were established in Ermita-Malate area shall be closed down in three (3) months from the approval of the said ordinance. ▪ Otherwise, they have to transfer such motels or inns to any place outside of Ermita Malate area or convert their establishments to other kinds of business such as coffee shops, restaurants, etc. ▪ Malate Tourist Development Corporation questioned the said ordinance for violating the due process requirement of the Constitution. Issue: o Is there a violation of due process? Ruling: o Yes, there is a violation of due process. The order to close or cease the operation of the business or convert the motels, inns, etc., is a form of confiscation, taking, seizure, or destruction without any trial or hearing. Hence, in this case, there was no due process observed by the local government. ∙ “Equal Protection” – simply means that people of the same class shall be treated alike, under like circumstances and conditions both as to privileges conferred and liabilities enforced. ∙ Example: o Alice is an owner of a restaurant and is earning 1 million pesos a year. o Cassandra on the other hand, also owns a restaurant and is earning 1 million pesos a year as well, same amount as that of Alice.  o Considering that both of them have the same income, the tax rate imposed on Alice for the 1 million pesos should also be the same tax rate to be imposed on Cassandra because both of them belong to the same class. Page 3 of 6 Lecture No. 1: Introduction to Tourism Laws and 1987 Constitution Atty. Faye Agcarao 3. THE RIGHT TO PRIVACY Section 3, Article III, 1987 Constitution: “The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.” o “Right to Privacy” – simply means the right to be let alone. Because of this, the government or any of its agencies as a rule, cannot intrude, interfere, or even pry with the private affairs of an individual. o “Expectation of Privacy” – an individual cannot simply invoke the right to privacy. A person must prove that he/she really has privacy in the first place. o For example, if a person performs an act in a public place, or it is made for the public, then there is no privacy to speak of. As such, that person cannot invoke his/her right to privacy. o PRIVACY OF COMMUNICATION OR CORRESPONDENCE o Any communication given in confidence privately to another, cannot be intercepted or intruded by the government or any of its agencies. Correspondence or communication made in writing is treated with confidentiality. o Situation analysis: ▪ You are a hotel staff in charge of registration of guests and has custody of the registration book. Police officers came into the hotel and asks if they can take a look at the registration book because they are looking for details of a particular guest who checked in the hotel. ∙ In this example, all pieces of information that are written in the registration book may not be inquired into by police officers because these are strictly confidential. ∙ However, if there is already a court order such as a search warrant, then it can be taken and inquired into by the police officer. o Exceptions to the Right of Privacy: o The right to privacy is not absolute. It is subject to certain exceptions such as: a. When there is a lawful order of the court; or b. When public safety or order requires otherwise. 4. RIGHT TO TRAVEL  Section 6, Article III, 1987 Constitution: “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.” Page 4 of 6 Lecture No. 1: Introduction to Tourism Laws and 1987 Constitution Atty. Faye Agcarao o Travelling from one place to another is also a guaranteed right. However, there are cases when this right can be restricted by the government if any of the following circumstances are present: a) Interest of national security; b) Public Safety; and c) Public Health. Case studies: Case #1: o Mr. X has a scheduled business trip to Basilan. However, the provincial government issued an ordinance banning all citizens to go there because of an ongoing armed conflict between the terrorist groups and the Armed Forces of the Philippines (AFP). o Mr. X was so angry and frustrated because he will lose millions if the business trip to close the deal with his potential client will not push through. He then questioned the ordinance for being in violation of his constitutional right to travel. Issue: Is the Ordinance banning citizens to go to Basilan, unconstitutional? Answer: No, the Ordinance is not unconstitutional. The right to travel is not an absolute right. If the safety of the public is already at risk, then it may be restricted. In this case, since there is already an ongoing armed conflict which poses danger to Mr. X and other citizens, the Ordinance is just but proper and it does not violate the Constitution. Case #2: o AAA Travel and Tours was engaged by a university to schedule and book their students for an educational trip in Ilocos Norte. However, the provincial government issued an Ordinance banning all citizens to go there because of an Ebola virus outbreak that already killed 20 people in the region. As such, the trip was suspended. Issue: Is the Ordinance unconstitutional? Answer: No, it is not unconstitutional. While the right to travel cannot be restricted, it admits an exception. One of which is when public health is at risk. In this case, since there is already an existing public health issue that will affect tourists and citizens, the ban is proper and does not violate the Constitution. Case #3: o On March 18, 2020, the President of the Philippines placed the National Capital Region under  enhanced community quarantine (ECQ) due to COVID-19 pandemic. During the ECQ, public transportation was suspended. On the other hand, only those with quarantine pass can go out. People from the province cannot enter Metro Manila. Issue: Is there a violation of the Right to Travel? Page 5 of 6 Lecture No. 1: Introduction to Tourism Laws and 1987 Constitution Atty. Faye Agcarao Answer: No, there is none. The right to travel as mentioned is not an absolute right. It can be restricted due to public health issue. Because of the pandemic, it is lawful and fair to prevent the people from travelling. Page 6 of 6