Legal Aspects of Tourism PDF - Practical Reviewer

LEGAL ASPECTS OF TOURISM PRACTICAL REVIEWER for FINAL EXAMINATION TOURISM - The activities of a person travelling to and staying in places outside their usual environment for not more than one year for leisure, business and other purposes. SCIENCE – the systema...

LEGAL ASPECTS OF TOURISM PRACTICAL REVIEWER for FINAL EXAMINATION TOURISM - The activities of a person travelling to and staying in places outside their usual environment for not more than one year for leisure, business and other purposes. SCIENCE – the systematized body of knowledge and pursuit and application of knowledge and understanding of the natural and social world following a systematic methodology based on evidence LAWS - The system of rules which a particular country or community recognizes as regulating the actions of its members and which may enforce by imposition of penalties. SOCIETY - an organized group of persons associated together for religious, benevolent, cultural, scientific, political, patriotic, or other purposes. MAJOR SUBDIVISIONS OF THE SCIENCES IN RELATION TO TOURISM LAWS: 1. SOCIAL SCIENCE - The study of human society and its’ interaction with their complex communities. 2. HUMANITIES – The study of human expression and artistic appreciation. SOCIAL SCIENCES: 1. PHILOSOPHY – The study of truth, reasoning, logic and practical wisdom. 2. POLITICS – The study of government, leadership, institutional processes, national security and power. 3. ECONOMICS – The study of the proper allocation of different resources. 4. HISTORY – The study of the collective past and factual events. 5. ANTHROPOLOGY - The study of the evolution of man which includes their biological characteristics, customs, beliefs and traditions and social system processes. 6. SOCIOLOGY - The study of the behavior of the different groups, organizations, associations, institutions, barangays, families.  7. PSYCHOLOGY - The study of the individual human behavior and mental progressions. 8. GEOGRAPHY - The study of the physical features of the earth and its atmosphere. 9. ENVIRONMENTAL MANAGEMENT - The social and natural science that deals with preservation of natural resources. HUMANITIES: 1. LANGUAGES AND LITERATURE - The principal method of human communication consisting of words used in a structured and conventional way and conveyed by speech, writing and gestures. 2. RELIGION AND THEOLOGY – The devotional acknowledgement and spiritual belief in and worship of a superhuman controlling power. 3. LAW AND JURISPRUDENCE - The system of rules which a particular country or community recognizes as regulating the actions of its members and which may enforce by imposition of penalties. 4. MUSIC- The vocal or instrumental sounds combined in such a way as to produce beauty or form, harmony, expression and emotions. 5. ARCHITECTURE - involves designing and constructing structures. 6. INTERIOR DESIGN – The art of creative internal designs of a house or building. 7. URBAN AND ENVIRONMENTAL PLANNING – Master planning that involves external landforms and spaces, includes economic functions and social impacts and urban and rural communities. SWOT MATRIX - procedure of the strategic analysis process, involving systematic and comprehensive assessment of external and internal factors that determine current condition and growth potential of societal development. A) STRENGTH – Internal characteristics that place the tourist spot at an advantage. B) WEAKNESSES - Internal characteristics that place the tourism spot or tourism activity at a disadvantage relative to others.  C) OPPORTUNITIES - External elements in the environment that can cause greater sales or profits for the tourism town, city, enterprise government, society, country. D) THREATS - External elements in the environment that can cause trouble for the tourism town, city, enterprise, government, society, country. COUNTRIES IN ASEAN AND THEIR YEAR OF MEMBERSHIP OF JOINING ASEAN: 1. BRUNEI DARUSALLAM - 1984 2. CAMBODIA – 1999 3. INDONESIA – 1967 4. LAO PDR – 1997 5. MALAYSIA – 1967 6. MYANMAR – 1997 7. PHILIPPINES – 1967 8. SINGAPORE – 1967 9. THAILAND – 1967 10. VIETNAM – 1995 11. EAST TIMOR – 2023 12. PAPUA NEW GUINEA – In Process. TOURISM LAW CONCEPTS: TOURISM - comprises the activities of persons travelling to, and staying in places outside their usual environment, for not more than one consecutive year, for leisure, business and other purposes. The usual environment of a person consists of a certain area around his/her place of residence, plus all the other places he/she frequently visits (UNWTO). TOURISM AND HOSPITALITY LAW- defined as legislation or set of rules, standards and principles that deal with the proper use, development, management of the tourism and hospitality industry. CONSTITUTION – Refers to the fundamental and organic law of a nation or state that establishes the institutions and apparatus of government. It defines the scope of governmental sovereign powers and guarantees individual civil rights and civil liberties. TREATY – An international agreement concluded between two or more states in written form and governed by international law. STATUTE – Refers to the laws and rules enacted by duly constituted rule-making authorities such as Congress (Republic Acts and Batasang Pambansa) The President (Presidential Decrees / Executive Order, Administrative Orders, Proclamations, Memorandum Orders, Memorandum Circulars, General and Special Orders), The Supreme Court (Rules of Court), Local Government Councils (City or Municipal Ordinances) and administrative regulatory agencies (implementing rules and regulations). JURISPRUDENCE – is referred by Article 8 of the Civil Code as Judicial Supreme Court decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. CUSTOMS AND TRADITIONS – is a commonly accepted manner of behaving or doing something in a particular society, place or time which is inherited from one generation to another. HOSPITALITY INDUSTRY – is defined as a broad category of service industry which is comprised of four major sub-sectors which include: 1) Lodging Service (also referred as Hotel Industry) 2) Food and Beverage Service (also referred as Restaurant Industry) 3) Travel and Tourism 4) Recreation Education Nomenclature: - Bachelor of Science in Hotel and Restaurant Management (BSHRM) CMO No. 30, Series of 2006. - Bachelor of Science in Hospitality Management (BSHM) CMO No. 62, Series of 2017. CONSUL GENERAL MODESTO FAROLAN –The Father of the Philippine Tourism The First Philippine Consul General to the Territory of Hawaii. 1952 – Enactment of Republic Act 710 otherwise known as The Charter to the Philippine Tourist and Travel Association. This law desires that the Philippine tourist industry should be developed and promoted as a means of bringing in dollar revenues so essential to the economic stability and prosperity of the country. Tourism Act of 2009 - REPUBLIC ACT NO. 9593: AN ACT DECLARING A NATIONAL POLICY FOR TOURISM AS AN ENGINE OF INVESTMENT, EMPLOYMENT, GROWTH AND NATIONAL DEVELOPMENT, AND STRENGTHENING THE DEPARTMENT OF TOURISM AND ITS ATTACHED AGENCIES TO EFFECTIVELY AND EFFICIENTLY IMPLEMENT THAT POLICY, AND APPROPRIATING FUNDS THEREFOR Definition of Terms. — The following terms, as used in this Act, are defined as follows: “Department” refers to the Department of Tourism created pursuant to Presidential Decree No. 189 (1973), as amended. “Secretary” refers to the Secretary of Tourism. “Duty Free Philippines (DFP)” refers to the government agency created pursuant to Executive Order No. 46 (1986). “Duty Free Philippines Corporation (DFPC)” refers to the corporate entity created out of DFP pursuant to this Act. The Department of Tourism (DOT) – is the lead agency of tourism industry in the country. It is created pursuant to Presidential Decree No. 189 (May 11, 1973) as amended by section 5 of Republic Act 9353 (The Tourism Act of 2009) Tourism enterprises - refers to facilities, services and attractions involved in tourism, such as, but not limited to: travel and tour services; tourist transport services, whether for land, sea or air transportation; tour guides; adventure sports services involving such sports as mountaineering, spelunking, scuba diving and other sports activities of significant tourism potential; convention organizers; accommodation establishments, including, but not limited to, hotels, resorts, apartelles, tourist inns, motels, pension houses and home stay operators; tourism estate management services, restaurants, shops and department stores, sports and recreational centers, spas, museums and galleries, theme parks, convention centers and zoos. Primary tourism enterprises - refers to travel and tour services; land, sea and air transport services exclusively for tourist use; accommodation establishments; convention and exhibition organizers; tourism estate management services; and such other enterprises as may be identified by the Secretary, after due consultation with concerned sectors. Foreign visitors - refers to all passengers using foreign passports. Sustainable tourism development - refers to the management of all resources that meets the needs of tourists and host regions while protecting the opportunities for the future, in such a way that economic, social and aesthetic needs can be fulfilled while maintaining cultural integrity, essential ecological processes, biological diversity and life support systems.