Law Reviewer: Definition of Law and Constitutional Provisions PDF

Definition of Law Law is a body of rules of action or conduct prescribed by a controlling authority and having binding legal force. It must be obeyed and followed by citizens, subject to sanctions or legal consequences. Other Definitions: 1.​ A rule of action or a system of uniformity. 2.​...

Definition of Law Law is a body of rules of action or conduct prescribed by a controlling authority and having binding legal force. It must be obeyed and followed by citizens, subject to sanctions or legal consequences. Other Definitions: 1.​ A rule of action or a system of uniformity. 2.​ It governs human activities and regulates the movements of all objects, animate or inanimate. 3.​ A system of rules that govern a society to maintain social order, uphold justice, and prevent harm. 4.​ Principles and regulations established by an authority, either through legislation or customs, and enforced by judicial decisions. Characteristics of Law A. Rule of Human Conduct – Specifies what must be done and what is prohibited, focusing on external actions. B. Just and Obligatory – Imposes a duty to obey and includes sanctions for enforcement. C. Promulgated by Competent Authority – Laws are created by Congress or other legislative bodies. D. Of General Observance – Regulates human relations to maintain harmony and order in society. Kinds of Law As to Purpose 1.​ Substantive Law – Defines and regulates rights and duties. 2.​ Procedural Law – Provides the methods to enforce rights and obligations. As to Scope A. General or Public Law – Applies to all citizens and concerns public welfare. 1.​ Administrative Law – Governs government agencies (e.g., Department of Tourism). 2.​ Constitutional Law – Protects citizens’ rights as stated in the Constitution. 3.​ Criminal Law – Defines crimes and their punishments. 4.​ Municipal/City Laws – Ordinances and regulations for local governance. 5.​ Political Law – Regulates relationships among people and the state. 6.​ International Law – Governs relations between states. B. Special or Private Law – Governs relationships between individuals and private entities. 1.​ Civil Law – Regulates family relations and private rights. 2.​ Maritime Law – Covers commerce by sea, including ships and seamen. 3.​ Mercantile Law – Regulates commercial transactions, insurance, and agencies. Sources of Law Relevant to Tourism, Travel, and Hospitality Industry 1.​ The Philippine Constitution – The fundamental law governing all other laws. 2.​ Statutes or Legislative Enactments – Includes laws like the Civil Code, Labor Code, and Public Service Act. 3.​ Treaties – Agreements between nations that affect travel and tourism policies. 4.​ Administrative or Executive Orders, Regulations, and Rulings – Issued by government agencies like the Department of Tourism. 5.​ Judicial Decisions (Jurisprudence) – Supreme Court rulings that interpret laws. 6.​ Customs – Long-standing practices recognized as binding rules. Main Sources of Philippine Law 1.​ The Constitution – The supreme law of the land. 2.​ Statutes – Laws passed by Congress and local government ordinances. 3.​ Treaties and Conventions – International agreements recognized as laws. 4.​ Judicial Decisions – Supreme Court rulings that establish legal precedents. Branches of the Government of the Philippines The Philippine government operates under a presidential system with three branches: 1. The Legislative Branch (Article VI) ​ Composed of the Senate and House of Representatives. ​ Has the power to create, amend, and repeal laws. 2. The Executive Branch (Article VII) ​ Headed by the President, who is responsible for enforcing laws. ​ Includes the Vice President and the President’s appointed Cabinet. 3. The Judicial Branch (Article VIII) ​ Composed of the Supreme Court and lower courts. ​ Interprets laws and resolves legal disputes. ​ Has the power of Judicial Review, which allows the Supreme Court to declare laws unconstitutional. Concept of Tourism Law Reviewer Definition of Tourism Law ​ A set of rules and principles that regulate authority, obedience, and interactions in tourism-related activities. ​ Covers persons traveling for pleasure (tourists) and businesses providing services to tourists. ​ A combination of state, federal, and international laws regulating travel industry functions. ​ Includes laws on hospitality, employment, public health, and other tourism-related matters. World Tourism Organization (UNWTO) Definition of Tourism: ​ Activities of persons traveling and staying outside their usual environment for not more than one year for leisure, business, or other purposes. National Territory ​ The Philippine archipelago and all islands, waters, and other territories under its jurisdiction. ​ Includes terrestrial, fluvial, aerial domains, territorial sea, seabed, subsoil, insular shelves, and submarine areas. ​ Internal waters include waters around, between, and connecting islands, regardless of breadth and dimensions. Constitutional Provisions Article III – Bill of Rights Section 1: Life, Liberty, and Property ​ No person shall be deprived of life, liberty, or property without due process of law. ​ No person shall be denied equal protection of the laws. ​ Life includes the right to a decent living. ​ Liberty includes the right to live, work, earn a livelihood, and enter contracts. ​ Property refers to anything of value and within commerce, including the right to earn wages and engage in business. ​ Equal protection: persons in similar situations must be treated similarly. ​ Due process: fair proceedings before judgment. Essential Requirements of Procedural Due Process: 1.​ A court or tribunal with judicial power. 2.​ Jurisdiction over the person or property. 3.​ Opportunity to be heard. 4.​ Judgment rendered after a lawful hearing. Section 3: Privacy of Communication ​ Privacy is inviolable except by lawful court order or for public safety. ​ Republic Act 4200 (Anti-Wiretapping Law) penalizes unauthorized wiretapping. ​ Wiretapping is permitted for crimes such as treason, espionage, rebellion, sedition, and kidnapping. Section 4: Freedom of Speech and Press ​ Protects oral, written, and digital expression. ​ Obscenity is not protected and must meet three criteria: 1.​ Appeals to prurient interests. 2.​ Depicts offensive sexual conduct prohibited by law. 3.​ Lacks serious literary, artistic, political, or scientific value. Section 6: Liberty of Abode and Right to Travel ​ Freedom to choose and change residence. ​ Freedom to travel unless restricted for national security, public safety, or public health. ​ Hold departure orders (HDO) can be issued by courts for criminal suspects. Section 8: Right to Form Unions ​ Public and private sector employees may form unions. ​ Government employees do not have the right to strike. Section 10: Obligation of Contracts ​ No law shall impair contractual obligations. ​ Contracts are binding unless they violate laws or public policy. ​ The Supreme Court allows government interference under police power for public welfare. Article XII – National Economy and Patrimony Section 10: Investment and Economic Rights ​ Congress reserves certain industries for Filipinos (at least 60% Filipino ownership). ​ The state prioritizes Filipino citizens in economic rights, privileges, and concessions. ​ National patrimony includes natural resources and cultural heritage. ​ Preference is given to qualified Filipinos contributing to the common good. Definition of National Patrimony: ​ Refers to the country's natural resources and cultural heritage. ​ Includes arts, sciences, and intellectual achievements. ​ Conservation and development apply to both physical and intellectual resources. Key Takeaways 1.​ Tourism Law governs travel, accommodation, and business services related to tourism. 2.​ The Philippine National Territory includes land, water, and airspace under national jurisdiction. 3.​ The Bill of Rights protects life, liberty, property, speech, privacy, travel, and union formation. 4.​ Contracts are legally binding unless they violate public interest. 5.​ National economy policies prioritize Filipino citizens and businesses in key industries.