The Need to Study

Philippine Tourism Laws

There has been a moment that in one part

of our lives, we became travelers or
tourists. This is the reason why studying
tourism laws is imperative because this
will definitely benefit you, in one way or
another.
Why Do We Need to Study Philippine Tourism Laws

1. The Philippines is governed by many statutes,

administrative orders, judicial decisions, rules and
regulations.
2. It is imperative to take a closer look on these
which affect our tourism industry. The growth and
development of the tourism industry is imperative
in the context of regional and countryside
development.
3. It generates employment, trade and business
opportunities. It also promotes strong backward
and forward linkages with other industries such as
transport, real estate and property development--
hotels/resorts, gift shops, restaurants, jewelry, and
construction among others
What is the effect if there is no Tourism Laws?

Our country might be exposed in any acts of

TERRORISM:

We will not forget what happened during the

December 30, 2000 Light Railway terrorist attack,
also known as the Rizal Day Attack where many
have died and one hundred victims injured. These
victims’ only concern was to avail of the enjoyment
of traveling from one place to another through the
convenience of the Light Railway Transit, one of
the fastest transportation vehicles in Metro
Manila. Would it have made a difference if the
LRT management strictly followed security
measures in order to deter such attacks?
What is the effect if there is no
Tourism Laws?
The explosion of Newman Goldliner air-
conditioned bus traveling in Makati City on
January 25, 2011, where it was confirmed that
4 people were killed, and 14 others wounded.
What do you think should have been the
security measures that the bus company would
have done to prevent such attack? Which
government agency would have been
responsible so that the same incident would
not happen again or at least be minimized?
What is the effect if there is no Tourism
Laws?
THE OIL SPILL IN THE GUIMARAS ISLANDS.
The oil tanker M/T Solar I, carrying more than
two million liters of bunker fuel, sank on
August 11, 2006 at the Guimaras Strait off the
coast of the Guimaras and Negros Occidental
provinces, causing some 500,000 liters of oil
to pour into the strait. Such oil spill has now
adversely affected marine sanctuaries and
mangrove reserves in three out of five
municipalities in Guimaras Island
What is the effect if there is no Tourism Laws?
THE 2007 GLORIETTA EXPLOSION. This occurred
in the Glorietta 2 section at Ayala Center in
Makati, Metro Manila on October 19 2007. The
blast killed eleven and injured at least 126 persons.
The most probable cause, according to authorities,
was the accumulation of methane gas in the
building's septic tanks, as well as other
combustible materials in its basement.
Authorities, however, are not ruling out the
possibility of a terrorist attack and are still
investigating the incident to discover the true
cause of the explosionansfer the ownership of the
thing at the time it is delivered.
What is the effect if there is no Tourism Laws?

The sinking of the MV Princess of the Star made the

Philippine Coast Guard and the owners of Sulpicio
Lines in a very bad light. Whoever is responsible for
the death and injury of the passengers in MV Princess
of the Star, you cannot however remove the fact that
tourism laws still play a vital part in assessing the
responsibilities and liabilities, not only the ship
captain and owner of the MV Princess of the Star, but
also the proper government agency.
Why is there a need to study tourism laws?
These are the four (4) reasons:
First, it protects the rights of travelers and tourism workers.
Every Filipino has at least experienced becoming a traveler
in one part of his life. It would be worthwhile to take a
closer look on the different statutes governing these rights.

Second, to preserve tourism resources where future

generations can enjoy. We know that as responsible
Filipinos, we can be instrumental in being part of this
endeavor of preserving tourism resources such as our
infrastructure, natural and human resources, museums, art
collections, etc. so that our children, grand children, great
grand children, great grandchildren would be happy and
delighted to enjoy them.
Why is there a need to study tourism laws?
Third, to provide better tourism services. I have been
working with practitioners, entrepreneurs and
businessmen in the tourism industry. And one thing I
have observed is that they have this mission of
providing excellent service to the Filipino people. I
admit, our country is not perfect. We all have our
differences. But at least tourism laws will provide a
strong foundation of improving tourism services to
enhance our Filipino values and culture.

Lastly, to promote growth of the tourism industry. In this

regard, tourism laws will be instrumental in helping
our government generate income for our country’s
survival and growth so that we can compete in a global
economy.
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.
 II. INTRODUCTION TO LAW
What is Law?
• May be defined as the principles and regulations established
in a community by some authority and applicable to its
people, whether in the form of legislation or of customs and
policies recognized and enforced by judicial decision.
• It is a rule of action or any system of uniformity.
• It determines not only the activities of men as rational beings
but also the movements or motions of all objects of creation,
whether animate or inanimate.
• It is a system of rules that govern a society with the intention
of maintaining social order, upholding justice and preventing
harm to individuals and property.
TWO (2) DIVISIONS OF LAW

1. LAW in the STRICT LEGAL SENSE – promulgated and

enforced by the state
2. LAW in the NON-LEGAL SENSE- not promulgated and
enforced by the state

• The 1st refers to STATE LAW and the 2nd includes Divine
Law, Moral Law, Natural Law and Physical Law
• Note: State law, divine law, moral law and natural
law are comprised in the definition of the law as a rule of
action.
CONCEPTS OF STATE LAW

• In its GENERAL/ABSTRACT SENSE – the mass

of obligatory rules established for the purpose of
governing the relations of persons in society.

• In its SPECIFIC SENSE – a rule of conduct, just,

obligatory promulgated by legitimate authority
and of common observance and benefit.
Characteristics of LAW
• It is a rule of conduct – the law tells us what shall be
done and what shall not be done; takes cognizance of
external acts only
• It is obligatory – law is considered a positive command
imposing a duty to obey and involving a sanction which
forces obedience.
• It is promulgated by legitimate authority – Legislature-
Congress
• It is of common observance –law is intended by man
serve man. It regulates the relations of men to maintain
harmony in society and to make order and co-existence.
Necessity and Functions of LAW
• What would life be without LAW?
Society comes into existence because its members could
not live without it. The need of internal order is a
constant as the need for external defense. No society can
be stable in which either of these requirements fails to be
provided for.
• What does the LAW do?
Law secures justice, resolves social conflict, orders
society, protects interests, controls social relations.
• What is our duty as member of the society?
No society can last and continue without means of social
control, w/out rules of social order binding on its
members
Sources of LAW
• Constitution
• Treaty
• Legislation
• Administrative or executive orders, regulations
and rulings
• Judicial decisions or jurisprudence
• Customs and traditions
• Other sources like principles of justice and
equity, decisions of foreign tribunals, opinion of
textwriters and religion
Constitution
• It is a written instrument by which the
fundamental powers of the government are
established, limited and defined and by which
these powers are distributed among the several
departments for their safe and useful exercise
for the benefit of the people.
Sources of LAW
• TREATY - It is a compact made between to or
more independent nations with a view to a
public welfare.
• CUSTOMS – it consists of those habits and
practices which through long and uninterrupted
usage have become acknowledged and approved
by the society as binding rules of conduct.
• LEGISLATION- it consist in declaration of rules
by a competent authority.
1. Certainty of price – the price of the thing sold must be certain
otherwise, the sale is void by reason of the absence of meeting of
minds between the parties.
Price is considered certain under the following rules:

a. If the parties have agreed upon a definite amount for the sale.

Problem: S sold to B a specific wristwatch. The parties agreed that B will

pay P2,550.50 for it. Is the price certain?
Answer: The price is certain because the parties have agreed on a definite
amount for the thing sold.

Fixing of the price by one contracting parties- cannot be left to the

discretion of one of the contracting parties. However, if the price fixed
by one of the parties is accepted by the other, the sale is perfected.

b. If it be certain with reference to another thing certain. (Art. 1469)

Problem: S sells to B a certain ring the price of which is the price of 20
bags of Island cement being sold at a certain store. Is the price
certain?
Answer: Yes
NATIONAL TERRITORY
NATIONAL TERRITORY
at the moment there is meeting is a meeting of
minds upon the thing which is the object of the
contract and upon the price

from that moment, the parties may reciprocally

demand performance, subject to the provisions
of law governing the form of contracts. (Art.
1475)
Ownership of the thing sold is transferred
• Upon the actual or constructive delivery thereof
(Art. 1477)

• It is important to determine the party who shall

bear the loss

• Parties may stipulate that ownership in the thing

sold shall not pass to the purchaser until he has
fully paid the price (Art. 1478)