1-OVERVIEW-OF-TOURISM-AND-HOSPITALITY-LAWS.pdf

OVERVIEW OF TOURISM AND HOSPITALITY LAWS Prepared by: Wilma G. Nonato, CHP,Ph.D.  OVERVIEW OF TOURISM AND HOSPITALITY LAWS Prepared by: Wilma G. Nonato, CHP,Ph.D. IGNORANCE OF THE LAW EXCUSES NO ONE  LAW DEFINED Law is defined as...

OVERVIEW OF TOURISM AND HOSPITALITY LAWS Prepared by: Wilma G. Nonato, CHP,Ph.D.  OVERVIEW OF TOURISM AND HOSPITALITY LAWS Prepared by: Wilma G. Nonato, CHP,Ph.D. IGNORANCE OF THE LAW EXCUSES NO ONE  LAW DEFINED Law is defined as a rule of conduct. These rules of conduct are just and obligatory. They are promulgated by legitimate authority (typically by the Legislature). They are of common observance and benefit.  INTRODUCTION LAW IS "MAN MADE" IT CHANGES OVER TIME TO ACCOMMODATE SOCIETY'S NEEDS LAW IS MADE BY LEGISLATURE LAW IS INTERPRETED BY COURTS TO DETERMINE 1)WHETHER IT IS "CONSTITUTIONAL" 2)WHO IS RIGHT OR WRONG THERE IS A PROCESS WHICH MUST BE FOLLOWED (CALLED "PROCEDURAL LAW")  KINDS OF LAW As to purpose: (1) Substantive Law- a law that creates, defines, and regulates rights, or which regulates the rights and duties which give rise to a cause of action. (2) Adjective Law - a law that provides the method of aiding and protecting certain rights.  KINDS OF LAW As to scope: (1) General or Public Law - a law that applies to all the people of a state or to all of a particular class of persons in a state, with equal force and obligation. Examples are: (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 - law regulating the relations sustained by the inhabitants of a territory to the sovereign.  KINDS OF LAW (2) Special or Private Law - a law which relates to particular of persons or things of a class. Examples are: (a) Civil Law - the mass of precepts which determines and regulates existing 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 commerce by sea, involving regulation of ships and harbors and the status of seamen. (c) Mercantile Law - the law of commercial transactions derived from the law of merchant which includes, commercial paper, insurance, and other types of agency.  CONCEPT OF TOURISM LAW  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. 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. IMPORTANCE AND APPLICATION OF TOURISM LAW  SOURCES OF LAW RELEVANT TO THE TOURISM INDUSTRY 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. Photo source: https://www.rappler.com/newsbreak/iq/iatf-proposed-amendments-1987-philippine-constitution SOURCES OF LAW RELEVANT TO THE TOURISM INDUSTRY (2) Statutes or legislative enactments - It is the written will of the legislative department rendered authentic by certain prescribed forms and solemnities, prescribing rules of action, or civil conduct with respect to persons, things, or both. SOURCES OF LAW RELEVANT TO THE TOURISM INDUSTRY (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 laws of the Constitution. SOURCES OF LAW RELEVANT TO THE TOURISM INDUSTRY (5) Custom - It is a 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 and opinions of textbook writers. Hierarchy of Laws in the Philippines Photo source: http://oneocean.org/overseas/200901/the_legal_bases_of_coastal_and_fisheries_resource_management.html THE PHILIPPINE CONSTITUTION  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 county is governed. It is the fundamental law of the land, to which all other laws must conform. It is a written instrument by which the fundamental powers of the government are established, limited, and defined, and by which those powers are distributed among several departments for their safe and useful exercise for the benefits of the body politic.  The Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens in the country. The purpose is to protect these rights against infringement from public officials and private citizens. 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 Bill of Rights Section 1 - Right to life, liberty, and property Section 2 - Right against unreasonable searches and seizures Section 3- Privacy of Communications and Correspondence Section 4 - Freedom of Speech Section 5 - Freedom of Religion Section 6 - Liberty of Abode and of Travel Section 7 - Right to Information on Matters of Public Concern Section 8- Right to Form Associations Section 9 - Right to Just Compensation Section 10 - Freedom of Contracts Section 11 - Free Access to Courts  The Bill of Rights Section 12 - Miranda Doctrine Section 13 - Right to Bail Section 14- Constitutional Rights of The Accused Section 15 - Habeas Corpus Section 16 - Right to Speedy Disposition of Cases Section 17 - Right Against Self-Incrimination Section 18 - Non-Detention by Reason of Political Belief or Aspirations Involuntary Servitude Section 19 - Prohibited Punishments Section 20 - Non-Imprisonment for Debts Section 21 - Right Against Double Jeopardy Section 22 - Ex-Post Facto Law and Bill of Attainder  Due process of law has two-fold aspect to wit: (1) Procedural due process. It refers to the method by which the law is enforced. In this particular process, hearing is necessary before condemnation. The condemnation proceeds only upon inquiry of the needed facts, and judgment is to be given only after trial. (2) Substantive due process. It requires the fairness, justness, and reasonableness of the law itself. Arbitrary reasons and flimsy grounds are of no excuse.  Discussion of the Law Under the constitution, the term "life," of which a person may not be deprived without due process, means more than animal existence. With the emphasis on social and economic rights at present, life includes at the very least the right to a decent living. According to Justice Malcolm, “liberty," means that measure of freedom which may be enjoyed in a civilized community consistently with the peaceful enjoyment of life freedom of others. Liberty includes the right to be free to use his faculties in all lawful ways; to live and work where he wills; to earn his livelihood by any lawful calling, to pursue any avocation; and for the purpose, to enter into all contracts which may be proper, necessary, and essential to his carrying out these purposes to a successful conclusion. Liberty is the freedom to do right and never wrong: it is guided by reason and the upright and honorable conscience of the individual. “Property" is defined as "anything which is or may 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. The right to earn one's daily wage and the right to engage in business are likewise property. "Equal protection of the law" means that persons similarity situated should be similarly treated. There should be no favoritism. The benefits of membership in a state as well as the burdens should be distributed in equal measure. Uniformity of treatment should be the rule. "Due process of law" is a law which hears before condemns; which proceeds upon inquiry, and renders judgment after trial. Clearly, to say that due process is observed: 1. There must be notice; and 2. There must be hearing or the opportunity to be heard before judgment is rendered. In the absence of any of the foregoing requirements there will be no due process. Therefore, if there is no due process, the government cannot take away the life, liberty, or property of any person. On the contrary, if there is due process, then the government may take away the life, liberty or property of a person.  Essence of Right to Privacy The very essence of this is simply the right to be left 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. In fact, there are many provisions in the constitution that protect this right such as, article 3, section 2 on the provision of warrant of arrest and search warrant. Article 3, section 6 on the right to travel and article 3 section 8 on the right to form union or organization. In the Civil Code of the Phil, article 26 says, “every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other person”. In the same section, anyone who is meddling and prying into the privacy of another maybe held liable. In some special penal laws, we have RA 4200 or the Anti- Photo source: http://servinglegalmatters.blogspot.com/2018/04/anti-photo-and- video-voyeurism-act-of.html Wiretapping Act and recently the Anti-Photo and Video Voyeurism Act of 2009 (RA 9995).  The Privacy of Communication Article 3, section 3 guarantees the right to privacy to communication. Any communication given in confidence or privately to other cannot be intercepted or intruded by the government or any of its agencies. Speeches delivered in public places, mass media and the like are not covered by the privacy of communication simply because the same was made in public.  The Privacy of Letters Correspondence or communication made in writing is treated with confidentiality. As a general rule, letters cannot be taken by the government or any of its agents. In hotels, for example, all pieces of information that are written in the registration book may not be inquired into by police officer because they are strictly confidential. However, if there is a court order such as warrant of arrest, then it can be taken and inquired into by the police officer.  Exception to the Right to Privacy The right to privacy is considered a fundamental right that must be protected from intrusion or constraint. However, the right to privacy is not absolute. The right to privacy may nevertheless succumb (give way) to an opposing or overriding state interest deemed legitimate and compelling. Article 3, section 3 provides that “if there is lawful order of the court or when public safety or order requires otherwise, then the right to privacy of communication and correspondence may be impaired or diminished. ”  Doctrine of the Fruit of Poisonous Tree The second paragraph of Article 3, section 3 is so-called “Doctrine of the Fruit of Poisonous Tree”. This means that any evidence obtained illegally cannot be used as evidence therefore is considered to be inadmissible in any proceedings.  RA 4200 Anti-Wire Tapping Law In line with the right to privacy of communication, the Congress passed Republic Act 4200 otherwise known as the Anti-Wire Tapping Law. Under this law, it shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone Photo source: https://www.philstar.com/headlines/2018/12/03/1873713/house- or dictograph or walkie-talkie or tape oks-bill-amending-antiquated-wiretapping-law recorder. Exceptions to the Anti-Wire Tapping law The government can wiretap a private conversation without violating the Constitution and RA 4200 provided that there must be a prior written order of the court and the felony or crimes are any of the following only: a. Treason b. Espionage c. Provoking war d. Disloyalty in case of war e. Piracy, mutiny in the high seas f. Rebellion g. Conspiracy and proposal to commit rebellion h. Inciting to rebellion i. Sedition j. Conspiracy to commit sedition k. Inciting to sedition l. Kidnapping All other crimes or felony such as rape, murder, violation of the Dangerous Drugs Act, homicide and others cannot be wiretapped.  RA 9995 Anti-Photo and Video Voyeurism Act of 2009 Under this law, it shall be unlawful for any person to take photo or video of a person or group of persons performing sexual act or any similar activity; or to capture an image of private area of a person such as the naked or undergarment clad genitals, public area, buttocks or female breast without the consent of the person involved and under circumstances in which the person has a reasonable expectation of privacy. Also, to copy or reproduce such photo or video or recording of sexual act or any similar activity with or without consideration shall likewise be prohibited even if the person or persons involved in the photo or sex video consents to reproduce the same. Article 3, 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. The said provision protects two rights namely: 1. The liberty of abode ( home/residence) 2. The right to travel  The Right to Travel Travelling from one place to another is also guaranteed right. However, there are cases wherein this right can be impaired or restricted by the government. Under the Bill of Rights, the right to travel can be impaired if the following circumstances are present: 1. Interest of national security 2. Public safety 3. Public health Article 3, Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. Whether an employee is working in the government service or in the private entity, both has the right to form union, association, or society provided, the purpose or objective of the union, association, or society formed must not be contrary to law. Right to Form Union in the private Sector The right to form union in the private sector is not only constitutional but also statutory. A company cannot prevent its employees to form a union nor shall terminate an employee simply because said employee formed a union. Employees in the Private Sector have the Right to Strike Aside from the right of the employees in the private sector to form union, the constitution and the labor Code of the Philippines grant them the right to stage a strike (temporary stoppage of work through concerted action of employees as a result of a labor or industrial dispute). Provided the strike must be in accordance with law. Employees in the Government Service do not enjoy the Right to Strike While employees in the government can form union, society or association, they do not have the right to strike. The reason is that once this right is granted to them, it will greatly affect the interest of some people or member of the community as it will paralyze government services they need. Thus, a union in the Department of Tourism cannot stage a strike.  THANKS! Do you have any questions? 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