Tourism and Hospitality Laws PDF - Lesson 1.1

Lesson 1.1: Introduction to Law: Tourism and Hospitality Laws “Law begins when someone take to doing something someone else does not like.” Karl Llewelyn Lesson Summary This lesson will focus on the...

Lesson 1.1: Introduction to Law: Tourism and Hospitality Laws “Law begins when someone take to doing something someone else does not like.” Karl Llewelyn Lesson Summary This lesson will focus on the definition, nature, and basic concepts of law. This lesson will also discuss the basic concept of tourism and hospitality law, importance and application of tourism law, and the sources of law relevant to the tourism industry. This lesson will include a discussion of the three inherent powers of the state, namely: Police Power, Eminent Domain and Taxation explaining its function and importance. Learning Outcomes At the end of the lesson, you will be able to: 1. Identify and apply the basic concepts of law. 2. Distinguished tourism and hospitality, as to its sources, and its importance an application. 3. Identify and distinguished the three inherent powers of the state. Motivation Question 1. What would life be without a law? 2. What does the law do? 3. What is our duty as member of the society? 4. What is the effect if there is no Tourism Laws? 5. Why is it important to study tourism and hospitality laws? THTy 108 – Legal Aspects in Tourism and Hospitality Second Semester A.Y. 2024-2025 1|Page Discussions Definition of Law Law may be defined as a system of rules that society or government develops to deal with crime, business agreements, and social relationships. (Collins Dictionary). You can also use the law to refer to the people who work in this system. Webster (2018) has defined law as a binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority. Law defined in its broadest and strict legal sense. The term “law” in its broadest sense, means any rule of action or norm of conduct application to all kinds of action and to all objects of creation. In this sense therefore, it includes all laws, whether they refer to state law, physical law, divine law, and others. (Suarez, 2017). It is a set of rules that governs a society with the aim of maintaining social order, ensuring justice, and avoiding harm to people and property. In a strict legal sense, law is defined as a rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit. (Suarez, 2017 citing Sanchez Roman) Characteristics of Law It can be observed from the above definitions that the following elements are present: 1. It is a rule of conduct. Serves as guide of an individual in relation to his fellowmen and to his community. The law tells us what we should do and what we shouldn't do; it only considers external acts. 2. Law must be just. Laws, as guides for human conduct, “should run as golden threads through society, to the end that law may approach its supreme ideal which is the sway and dominance of justice” (Report of the Code Commission). 3. It must be obligatory. If the laws are not enforced, the purpose for which they are intended will not be served. 4. Laws must be prescribed by legitimate authority. If not, the people could not be expected to observe them. Authority to make laws if conferred upon those duly chosen by the sovereign will of the people. 5. Laws must be ordained for the common benefit. “Salus Populi Est Suprema Lex” the welfare of the people shall be the supreme law. The welfare of the people must be taken a paramount consideration. Laws should be applied not only to a particular group of citizens. They are supposed to be applied equally to all citizens regardless of their religion, political persuasion, and status in life. (Suarez, 2017) THTy 108 – Legal Aspects in Tourism and Hospitality Second Semester A.Y. 2024-2025 2|Page Tourism and Hospitality, defined. Tourism is defined as the custom or practice of traveling for pleasure, as well as the promotion by the establishment of countries to attract tourist. [The Lexicon-Webster Dictionary, 1981 Encyclopedic Edition] It is also defined as the activities of persons traveling to and staying in place outside their usual environment for not more than one consecutive year for leisure, business, other purposes. [World Tourism Organization, 2020] It further refers to people's temporary short- term travels to places other than where they usually live and work, as well as their activities while they are there. Hospitality is about people welcoming other people into their homes or other places where they work or spend their time. Hospitality is all about the art of entertaining or receiving guests. The hospitality industry includes services such as hotels, restaurants, transportation, and recreational activities, many of which usually cost extra money to enjoy. Tourism law versus Hospitality law The laws on tourism may be defined as a combination of state, local, and international laws that control the different facets and functions of the travel industry. Tourism law may be defined as a body of rules or principles of action which deals with the regulation, authority, relations, and obedience among members of a society involved in tourist travel and accommodation. It includes persons traveling from place to place for pleasure (tourist) and business establishments or persons engaged in the occupation of providing various services for tourists. It applies to various sectors such as hospitality, travel trade, attractions, MICE (meetings, incentives, conventions, events), academe, labor, and the public sector. Hospitality laws deals with food service, travel, and lodging industries. Among other things, it regulates the many aspects of the hotel, restaurant, bar, spa, country club, meeting, and convention businesses. Hospitality law, like entertainment law, homeowners’ association law, and other specialty subjects, is more of a description of the types of clienteles who seek out attorneys who specialize in these areas than it is a set of statutes. Hospitality law is related to the concept of legal liability, and it is meant to legally protect both hosts and guests. While hospitality law covers many different types of businesses, hotels and restaurants are the two most common hospitality law clients. Importance and Application of Tourism Law and Hospitality Law According to the United Nations’ World Tourism Organization (UNWTO), the purpose of Tourism Law is to provide a legal and regulatory framework for the development and management of tourism, preservation of cultural traditions, natural resources and facilitate the involvement of the private sector & local communities in tourism development activities. Tourism Law also reflects not only the rights of international and local tourists, but also the legal responsibilities of inbound-outbound tour operators, travel agents and other significant THTy 108 – Legal Aspects in Tourism and Hospitality Second Semester A.Y. 2024-2025 3|Page players in this industry. The main concern in Tourism Law is to provide a fair and equitable environment for travel consumers and organizations. State legislation, on the other hand, should include the roles and functions of tourism industry stakeholders, such as, but not limited to: 1. Determine who the key players are. 2. Determine each stakeholder's role. 3. Put tourism site value systems in place, which may include religious, artistic, and social values. 4. Create benefit-sharing mechanisms among stakeholders, including the community, state, and tourist-site administrators. 5. Establishing an environmentally friendly environment through regulatory frameworks. 6. Framing responsibility and accountability in relation to peace and security. 7. Introducing tourism rights and general obligatory frameworks while visiting sites. Hospitality Law is introduced to regulate hotels, restaurants, bars, country clubs and other public accommodations, so as to provide safety measures within the law to protect the customers. Sources of Law Relevant to the Tourism and Hospitality Industry 1. The Philippine Constitution (1987 Constitution). It is the country's basic or fundamental law, to which all other laws must adhere. 2. Statutes or legislative enactments. It is the legislative department's written will, which is authenticated by certain prescribed forms and solemnities, and which prescribes rules of action or civil conduct with respect to people, objects, or both. 3. Administrative or executive orders, regulations, and rulings. Administrative authorities are in charge of issuing these documents, which are based on legislative authority. 4. Judicial decisions or jurisprudence. These refer to the decisions of the Supreme Court in interpreting the laws of the Constitution. 5. Custom. It is a set of rules that has been followed for a long time in a specific location by a specific group of people. Three Branches of the government in the Philippines a. Executive branch (executive power) b. Legislative branch (legislative power) c. Judicial branch/judiciary (judicial power) THTy 108 – Legal Aspects in Tourism and Hospitality Second Semester A.Y. 2024-2025 4|Page Inherent powers of the State The totality of governmental powers is contained in three (3) great powers, namely: Police power, Power of Eminent Domain, and Power of Taxation. As being inherent, it means that as long as the state exists, this power can never be taken away. These powers are inherent and do not need to expressly confer by constitutional provision on the State. They are supposed to co-exist with the State. The moment the State comes into being, it is deemed invested with these powers as its innate attributes. (Cruz, I (2003) Constitutional Law. Central Law Book Publishing Co., Inc.) What is Police Power, Power of Eminent Domain and Power of Taxation? Police Power Eminent Domain Taxation The power of the State to enact The power of the State or The power of the State to such laws or regulations in of those to whom the impose charge or burden relation to persons and property power has been lawfully upon persons, property, or as may promote public health, delegated to take private property rights, for the use public morals, public safety, and property for public use and support of the the general welfare and upon payment of just government and to enable convenience to the people. compensation. it to discharge its appropriate functions. Tests for the Valid Exercise of Requisites: Requisites: Police Power: 1. Existence of public 1. Tax must be for public 1. Lawful subject – exercised for use; purpose; the interests of the public in 2. Payment of Just 2. it must be uniform and general Compensation; and equitable (equal protection 2. Lawful means – the means 3. Observance of due clause; and employed are reasonably process of Law in the 3. Observance of due necessary for the taking process of law accomplishment of the purpose, and not unduly oppressive on individuals. Congress may validly delegate Congress may validly Congress may validly its power to the delegate its power to the delegate its power to the a. President; a. President; a. lawmaking bodies of b. to administrative bodies and b. administrative bodies; local government units; and c. local government units. b. local government b. the President. units; and c. Private enterprises performing public services THTy 108 – Legal Aspects in Tourism and Hospitality Second Semester A.Y. 2024-2025 5|Page