Legal Aspect in Tourism & Hospitality PDF

Legal Aspect in Tourism & Hospitality Law means Justice, Morality, Reason, Order, and Righteous from the view point of the society. 1. It is used to mean “legal order”. 2. Law means the whole body of legal Percepts which exists in a politically organized society. 3. i...

Legal Aspect in Tourism & Hospitality Law means Justice, Morality, Reason, Order, and Righteous from the view point of the society. 1. It is used to mean “legal order”. 2. Law means the whole body of legal Percepts which exists in a politically organized society. 3. is used to mean all official control in a politically organized society. Generally, the term law is used to mean three things: Law, the discipline and profession concerned with the customs, practices, and rules of conduct of a community that are recognized as binding by the community. Law Defined Law is the aggregate set of rules set by a man as politically superior, or sovereign to men, as political subjects. Origin of Law The Code of Hammurabi -Codex Hammurabi- Function of Law Law set up rules and regulations for society so that we have freedom, gives Justice to those who were wronged, and it set up that it protects us from our own Government Law provides a mechanism to resolve disputes arising from those duties and rights and allows parties to enforce promises in a court of law Role of Law in the Business Determine what type of business it is to became, and the structure is to be formed Law sets up a reasonable expectation on how the business should operate in order to protect the business owner’s interest of the Customer of that business Law protects those who work for a business. Role of Law in the Society The role that law has in society is that it creates a norm of conducts in the society we live in laws are made to protect its citizen from harm. It set in way that all citizens are given equal opportunity, protection from harm no matter your race, gender, religion and social standing. Kinds of law As to purpose: 1. Substantive Law - a law that creates, defines, and regulates rights, or which regulates the rights and duties that give rise to a cause of action. The law created to govern how people behave 2. Adjective/ Procedural Law - a law that provides the methods of aiding and protecting certain rights. Law that provides the procedure or remedy for enforcement of rights and obligations through the courts of justice. Procedural laws comprise the rules and processes which any court follows for hearing and determining the cases. Kinds of Law As to scope: 1. General of Public Law - a law that applies to all people of a state or to all of a particular class of persons in a state, with equal force and obligation. a. Criminal Law- a law dealing with crimes and their punishment, as well as the procedure for that purpose. b. International Law- a body of rules or principles of action governing the relations between States. c. Political Law- a law regulating the relations sustained by the inhabitants of a territory to the sovereign. 2. Special or Private Law- a law that which relates to particular persons or things of a class a. Civil Law- the mass of percepts which determines and regulates those relations of assistance, authority and obedience existing among members of a family and those which exist among members of a society for the protection of private interests. b. Maritime Law- the law dealing with commence by sea, involving regulation of ships and harbors and the status of seaman. c. Mercantile Law- the law of commercial transactions derived from the law of merchant which includes,Commercial paper, insurance and other types of agency. Tourism is defined as the custom or practice of traveling for pleasure as well as the promotion by the establishment of countries to attract tourists. World Tourism Organization [WTO] defines tourism as the activities of persons traveling to and staying in places outside their usual environment for not more than one consecutive year for leisure, business and other purposes. Concept of Tourism Law 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. Purpose of Tourism 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. Sources of Law Relevant to the Tourism Industry 1. The Philippine Constitution- it is the fundamental law of the land to which all other laws must conform. 2. Statutes or legislative enactments- it is the written will of the legislative department rendered authentic by certain prescribed forms and solemnities rules of action, or civil conduct with respect to persons, things, or both. 3. Administrative or executive orders, regulations and rulings- these are issued by administrative officials under legislative authority. 4. Judicial decisions or jurisprudence- these refer to the decisions of the Supreme Court in interpreting the of the Constitution. 5. Custom- It is the rule of conduct which in a given place among given groups of people has been followed for an appreciable time. 6. Other sources- These refer to decisions of foreign tribunals. The Philippine Constitution The Constitution is defined as the original and fundamental principles of law by which a system of government is created and according to which a country is governed. It is the fundamental law of the land to which all other laws must conform. The Bill of Rights Section 1. No person shall be deprived of life, liberty, and property without due process of law, nor shall any person be denied the equal protection of the laws. The term “life” of which a person may not be deprived without due process, means more than animal existence. According to Justice Malcolm, “liberty” means the measure of freedom which may be enjoyed in civilized community consistently with the peaceful enjoyment of life freedom of others. Property is defined as anything which is orcmay be the object of appropriation. Anything which has money value and which is supposed to be within the commerce of man is embraced in the term property. “Equal protection of the law ”means that the persons similarity situated should be similarly treated. There should be no favoritism. “Due process of law” is a law which hears before condemns; which proceeds upon inquiry, and renders judgments after trial. Bill of rights Section 3. (1) 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. Section 3. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any proceeding. Explanatory Notes: The right of privacy means “the right to be alone” the right of a person to be free from unwarranted publicity as the right to live without unwarranted interference by the public in matters with which the public is nor necessarily concerned. Republic Act No. 4200, otherwise known as the AntiWiretapping Law, provides penalties for specific violations of the privacy of communication. Any evidence obtained in violation of the above shall be considered “fruit from the poisonous tree” and shall not be admitted as evidence in any administrative or criminal proceeding 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 redress of grievances. Explanatory Notes: (a) FREEDOM OF SPEECH AND THE PRESS- the freedom of speech and the press implies the right to freely utter and publish whatever the citizen may please and to be protected against any responsibility for so doing except so far as such publication from their blasphemy, obscenity, or scandalous character may be a public offense [ie, libel or oral defamation] or but their falsehood and malice they may injuriously affect the standing, reputation and pecuniarycinterest of the individuals Obscenity is defined as it includes materials which, taken as a whole, appeal to the prurient interest and lacks serious literacy, artistic, political, or scientific value. Material will be considered “obscene” when the following requisites concur: (a)the subject as a whole appeals to the prurient interest of the’average person, using contemporary community standards; (b)the work depicts or describes in a patently offensive way of sexual as prohibited by law; (c)the work as a whole lacks serious literacy,Cartistic, political, or scientific value. Section 6. The liberty of abode and of changing 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. Explanatory Notes: The liberty of abode and travel is the right of a person to have his home in whatever place chosen by him and thereafter to change it at will, and to go where he pleases, without interference from any source. Section 8. The right of the people, including those employed in the public and private sector, to form unions, associations, or societies for purpose not contrary to law shall not be abridged. Explanatory Notes: The objective of this provision is to encourage the formation of voluntary associations so that through cooperative activities of the individuals, the welfare of the nation may be advanced and the government thereby may receive assistance in its ever-increasing public service activities. The Bill of Rights Section 10. No law impairing the obligation of contracts shall be passed. Explanatory Notes: Obligation is defined as a “judicial necessity to give, to do, or not to do.” Contract is defined “as the meeting of minds between two or more persons whereby one binds himself with respect to the other to give something or to render some service.” Obligation of contract is the law or duty which binds the parties to perform their agreement according to its terms or intense if it is not contrary to law of the land, morals, good customs, public order or public policy.