Teacher's Guide: TOU 045 Module #1 PDF

Course Code: TOU 045 Teacher’s Guide: Module #1 Name: ________________________________________ Class number: __________________ Section: _________ Schedule: _____________________...

Course Code: TOU 045 Teacher’s Guide: Module #1 Name: ________________________________________ Class number: __________________ Section: _________ Schedule: _____________________ Date: _________________________ Lesson Title: INTRODUCTION TO LAW ON TOURISM AND Materials: HOSPITALITY Part 1 Student Activity Sheet Lesson Objectives: At the end of this module, I can: References: 1. Define law, constitution, treaty and jurisprudence. Legal Aspects in Tourism & 2. State the characteristics and kinds of laws. Hospitality by Maranan, 3. Distinguish between tourism laws and hospitality laws. Maranan, Caluza, & Dela Cruz 4. Identify the national territory. Productivity Tip: Your ability to stay focused is a critical factor in your success or failure. Getting things done is important, and focus is the key to getting things done. For starters, set your timer to 45 minutes. Commit yourself to totally avoiding any distractions until the timer alarms. Have a 5-minute break after. Then, repeat again until you are done with this module. Happy learning! A. LESSON PREVIEW/REVIEW 1) Introduction (2 mins) There is so much to explore in the Philippines. In the list are the magnificent view of the Island of Batanes, preserved old Spanish era looking communities in the Ilocos Norte, the breathtaking view of Bulkang Taal in Batangas, and Subic in its well-preserved lustrous forest feel and peaceful blue beaches. In the Philippines, we have the majestic underground river in Palawan, incredible Chocolate Hills in Bohol, the culturally rich city of Cebu, the colorful vinta of Zamboanga, the perfect cone of Mt. Mayon in Bicol and the fine sand of Boracay. Surfer could not resist the raging waves of Siargao and Baler. Diving spots are scattered all over its 7,107 unique and picturesque islands. Truly, there is so much to visit in the Philippines. The influx of foreign and local tourists is undeniable. In the Philippines, laws are in place to regulate the tourism and hospitality industry and to protect tourists and their interest. In this subject, you will learn the pertinent provisions of the laws which affects the tourism and hospitality industry. 1 FLM 1.0  Course Code: TOU 045 Teacher’s Guide: Module #1 Name: ________________________________________ Class number: __________________ Section: _________ Schedule: _____________________ Date: _________________________ 2) Activity 1: What I Know Chart, part 1 (3 mins) You may be a bit surprised to see that you are being asked to do Activity 1! In your mind, you might want to ask, how can I answer Activity 1 when in fact we do not have any discussions yet! The purpose of this activity is to know if you have any idea about the questions being asked. There is no wrong or right answer in Activity 1. This is also a tool for both of us to see what you know before starting and after you have finished working on this module! That way, we can assess if you learned something! Now, try to answer the What I Know Part. Again, there is no right or wrong answer! What I Know Questions: What I Learned 1. Define law. 2. Distinguish between tourism laws and hospitality laws. 3. What comprises the national territory of the Philippines? 2 FLM 1.0  Course Code: TOU 045 Teacher’s Guide: Module #1 Name: ________________________________________ Class number: __________________ Section: _________ Schedule: _____________________ Date: _________________________ B. MAIN LESSON 1) Activity 2: Pre-Printed Content Notes (13 mins) LAW: - 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) - Law is 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. (Webster, 2018) CHARACTERISTICS OF LAW: Rule of human conduct o Laws are the standards that we need to observe regardless of how different we are from each other. Just and obligatory o Justness is about being fair and not discriminatory. o Law is being applied to all regardless of race, gender and status in life. Promulgated by competent authority o The competent authority in promulgating laws in the Philippines is the legislative department of the government. o Legislative department comprises of the Senate and Congress. o The passage of the law requires a careful deliberation from the law-making authorities. o The law has no meaning or void from the very beginning if not promulgated by competent authority. It must be observed by all o No man is above the law, rich or poor, every member of the community must adhere to law. o All is bound to observe the law. o Aliens, while temporarily residing in the country, must observe the law. 3 FLM 1.0  Course Code: TOU 045 Teacher’s Guide: Module #1 Name: ________________________________________ Class number: __________________ Section: _________ Schedule: _____________________ Date: _________________________ KINDS OF LAWS: According to Purpose: Substantive Law - A kind of law which creates, defines and regulates the rights and duties that can give rise to cause of action. o Example of a substantive law is the Law on Obligations and Contracts because it determines the rights and obligations of the parties. Adjective Law - A kind of law that provides the method of aiding and protecting certain rights. o If based on a substantive law, a person’s right was violated, adjective law determines the process or procedure on how to obtain justice. According to Scope: Public Law – This law applies to all of the state or to particular class of persons in the state, with equal force and obligation. o It affects the society as a whole. o Examples: Political Law, Criminal Law, International Law Private Law – This law relates t particular class of persons or things. o It affects families, individuals, business and small groups. o Examples: Mercantile/Commercial Law, Maritime Law, Civil Law TOURISM LAWS VERSUS HOSPITALITY LAWS: 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 laws are necessary to provide a regulatory framework for the proper development and management of tourism activities to aid in the conservation of natural resources and the preservation of cultural traditions. (United Nations World Tourism Organization) Hospitality Laws: It 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. It embraces an extensive collection of laws like contracts, torts and damages, labor, and a lot more. 4 FLM 1.0  Course Code: TOU 045 Teacher’s Guide: Module #1 Name: ________________________________________ Class number: __________________ Section: _________ Schedule: _____________________ Date: _________________________ CONSTITUTION: The Constitution is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer. It is the supreme among all the laws of the archipelago. It is the basic principles and laws of a nation, state or social group that determine the powers and duties of the government and guarantee certain rights to the people in it. TREATY: It is a compact or an agreement made between two or more independent nations. As a member of the family of nations, the Philippines is a signatory to and has concluded numerous treaties and conventions. o Example: Extradition Treat – an international agreement in which the requested State agrees, at the request of the Requesting State, to turn over persons who are within its jurisdiction and who are charged with crimes or are fugitives from the Requesting State. JURISPRUDENCE: Jurisprudence are the final decisions of the Supreme Court and is binding on all other courts. Judicial decisions applying to or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. CUSTOMS AND TRADITIONS AS BASES OF LAWS: Customs and traditions are also considered as bases of law which form part of the Filipino legal heritage. Custom must be proven as a fact according to the rules of evidence. NATIONAL TERRITORY: Article 1, Section 1 of the 1987 Constitution. The national territory Philippines comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves and other submarine areas. The waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, for part of the internal waters of the Philippines. 5 FLM 1.0  Course Code: TOU 045 Teacher’s Guide: Module #1 Name: ________________________________________ Class number: __________________ Section: _________ Schedule: _____________________ Date: _________________________ Compositions of the Philippine Territory: Philippine archipelago All the territories in which the Philippines has sovereignty or jurisdiction. Different Domains in the Philippine Territorial Jurisdiction: Aerial (Air) Terrestrial (Land) Fluvial (Water) Internal Waters of the Philippines: The waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimension, for part of the internal waters of the Philippines. 2) Activity 3: Skill-building Activities (with answer key) (18 mins + 2 mins checking) Exercise I 1. Explain the importance of law in tourism and hospitality industry. ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ 2. Give an illustration relating to tourism and hospitality industry that highlights the substantive and adjective law. ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ 3. State the relevance of knowing what comprises the national territory. ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ 6 FLM 1.0  Course Code: TOU 045 Teacher’s Guide: Module #1 Name: ________________________________________ Class number: __________________ Section: _________ Schedule: _____________________ Date: _________________________ 3) Activity 4: What I Know Chart, part 2 (2 mins) It’s time to answer the questions in the What I know chart in Activity 1. Log in your answers in the table. 4) Activity 5: Check for Understanding (5 mins) Exercise I. TRUE or FALSE __________1. Law is a rule of human conduct. __________2. The Executive Department promulgates the law. __________3. The passage of the law requires a careful deliberation from the law-making authorities. __________4. Tourism law deals with food service, travel and lodging industries. __________5. Hospitality law deals with the regulatory framework for the proper development of tourism activities to aid in the conservation of natural resources. __________6. Substantive law relates and determines matters litigated. __________7. Adjective law regulates the conduct of affairs in the course of administration of justice. __________8. Constitution is the supreme law of the archipelago. __________9. The President by himself may change the Constitution. __________10. Treaty are the Supreme Court decisions that have the force of the law. A. LESSON WRAP-UP Activity 6: Thinking about Learning Congratulations for finishing this module! Shade the number of the module that you finished Did you have challenges learning the concepts in this module? If none, which parts of the module helped you learn the concepts? ________________________________________________________________________________________ ________________________________________________________________________________________ ______________________________. 7 FLM 1.0  Course Code: TOU 045 Teacher’s Guide: Module #1 Name: ________________________________________ Class number: __________________ Section: _________ Schedule: _____________________ Date: _________________________ Some question/s I want to ask my teacher about this module is/are: ________________________________________________________________________________________ ________________________________________________________________________________________ ______________________________. Learning Scores Action Plan Date Target/Topic What module# did you What contributed to the quality of your What were your What’s the do? What were the performance today? What will you do next scores in the date today? learning targets? What session to maintain your performance or activities? activities did you do? improve it? FAQs The word “tourism” was mentioned only once in the Philippine Constitution. Article X Section 20 provides “Within the territorial jurisdiction and subject to the provisions of this constitution and national laws, the organic power of autonomous regions shall provide for legislative powers over: (6) Economic, social and tourism development” 8 FLM 1.0  Course Code: TOU 045 Teacher’s Guide: Module #1 Name: ________________________________________ Class number: __________________ Section: _________ Schedule: _____________________ Date: _________________________ KEY TO CORRECTIONS 1) Activity 5: Check for Understanding (5 mins) Exercise I. TRUE or FALSE __________1. Law is a rule of human conduct. TRUE __________2. The Executive Department promulgates the law. FALSE __________3. The passage of the law requires a careful deliberation from the law-making authorities. TRUE __________4. Tourism law deals with food service, travel and lodging industries. FALSE __________5. Hospitality law deals with the regulatory framework for the proper development of tourism activities to aid in the conservation of natural resources. FALSE __________6. Substantive law relates and determines matters litigated. TRUE __________7. Adjective law regulates the conduct of affairs in the course of administration of justice. TRUE __________8. Constitution is the supreme law of the archipelago. TRUE __________9. The President by himself may change the Constitution. FALSE __________10. Treaty are the Supreme Court decisions that have the force of the law. FALSE 9 FLM 1.0