LESSON 1: INTRODUCTION

“Ignorance of the law excuses no one from compliance therewith

(Ignorantia juris non excusat)”, in the same manner that the cliché that customer
is always right is no at all, always right. Yes, it may be true that Tourism and
Hospitality sectors draw its lifeline from its customers, but this is not an excuse
for the Tourism and Hospitality practitioners to give away every ounce of dignity
just to please their customers. To level out the playing field, students and would
be practitioners of the field should know their law, so if confronted with a difficult
customer, they have the law to rely on. Knowing the law does not give you the
right to be rude to your customers, instead you will have the confidence under
pressure to explain to your customer in the most polite way in taking the action
complained of.

LEARNING OBJECTIVES:

1. Identify the different kinds of laws relevant to the tourism and hospitality
industry
2. Explain the concept of tourism law
3. Enumerate the sources of tourism law
4. Give examples of applications of tourism law

DEFINITION OF LAW

In its general and abstract sense, it is the science of moral laws founded
on the rational nature of man that governs his free activity for the realization of
the individual and social ends of life under an aspect of mutual conditional
dependence.

In its specified and concrete sense, it is defined as a rule of conduct, just

and obligatory, promulgated by legitimate authority, and common observance
and benefit.

KINDS OF LAW

AS TO PURPOSE:

1. Substantive Law – a law which creates, defines and regulates rights, or

which regulates right and duties which gives right to cause of action.
2. Adjective Law – a law which provides the method of aiding and protecting
certain rights
AS TO SCOPE:

1. General or Public Law – a law which applies to all the people of the state
of the state or to all of a particular class of persons in the state, with equal
force and obligation. Examples: criminal law, international law, political
law.
a. Criminal Law – a law dealing with crimes and their punishment, as
well as the procedure for that purpose
b. International Law – body of rules or principles of action governing
the relations between the States.
c. Political Law – law regulating the relations sustained by inhabitants
of a territory to the sovereign
2. Special or Private Law – a law which relates to a particular persons or
things of a class. Examples: civil law, maritime law, mercantile law
a. Civil Law – the mass of precepts which determines and regulates
those relations of assistance, authority, and obedience existing
among members of a society for the protection of private interests.
b. Maritime Law – the law dealing with commerce by sea, involving
regulations of ships and harbors and 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

Tourism is defined as the customs or practice of travelling for pleasure, as

well as the promotion by establishment of countries to attract to tourist, as
defined by the Lexicon-Webster, 1981 Encyclopedic Edition.

The World Tourism Organization defines tourism as the activities of

persons travelling to and staying in places outside their usual environment for
more than one consecutive year for leisure, business and other purposes.

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 travelling from place to place for pleasure (tourist), and business
establishments or persons engaged in the occupation of providing various
services for tourists.
SOURCES OF LAW RELEVANT TO TOURISM, TRAVEL AND HOSPITALITY
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, prescribing rules of action, or civil conduct with respect to
persons, things or both. Examples: Dangerous Drugs Act, Public Service
Act, Civil Code of the Philippines, Labor Code of the Philippines, Revised
Penal Code, Seatbelt Law, local government ordinances
3. Administrative or executive orders, regulations and rulings- These are
issued by administrative officials under legislative authority. Examples: (a)
Rules and Regulations executed by the Secretary of Tourism to Govern
the Accreditation of Hotels, Tourist Inns, Motels, Apartels, Resorts,
Pension Houses and Other Accommodation Establishments; (b) BIR
circulars and rulings; (c) administrative issuances by the Department of
Foreign Affairs; (d) Omnibus Rules Implementing the Labor Code of the
Philippines;
4. Judicial decisions or jurisprudence—These refer to the decisions of the
Supreme Court in interpreting the laws or the Constitution.
5. Custom- It is a rule of conduct which in a given place and among the given
people, has been followed for an appreciable time;
6. Other sources – These refer to decisions of foreign tribunals and opinion of
textbook writers.

CASE LAW:

The Case of the Coral Resort Drowning

The Robinson family went on a 3-day weekend getaway in a popular resort

in the Visayas, the Coral Resort, which takes pride in its hospitable service, first
rate cuisine and well-maintained resort facilities. Martin Robinson, president of
an American multinational company based in Manila, took his wife Angie and
children Patty, aged 6 and Geoff, aged 5, to this beautiful resort to celebrate their
wedding anniversary. The first day was enjoyable because the children had a
great time at the resort’s refreshing swimming pool despite the lack of lifeguard
on duty. The chef delighted the family with local cuisine and every staff was
courteous and cheerful. On the second day, there weren’t many people
checked-in in the resort. Just before sunset, Angie woke up and started to look
for Patty and she was nowhere to be found. Geoff was with his dad the whole
afternoon walking by the beach. After searching for 30 minutes with the help of
the hotel staff, Patty was found in the swimming pool already dead. One of the
staff immediately performed a standard CPR but to no avail. Can the Robinson
family hold the hotel liable for the death of their daughter? What are the
responsibilities of a resort with a swimming pool? Would you consider the resort
negligent in this situation? What are the rights of the hotel guests?

Yes, the Robinson family can hold the hotel liable there being no lifeguard
available, in 1992, the Department of Tourism enacted the Hotel Code for the
rules and regulations governing the accreditation of hotels and other
accommodation establishments and one of the mandatory requirements for
hotels with pools is the presence of a licensed lifeguard. The absence of the
lifeguard makes the hotel negligent. However, the amount of damages to be
awarded may be minimized by the fact that parents, at all times, are the care
takers of a child 7 years old and below. In the case given, parents are equally
liable for letting a 6-year-old child to roam around the swimming pool without a
companion.

NOTA BENE: The present life guard law prescribed minimal penalty and lack
teeth, there has been numerous bill pending both before the House of
Representatives and House of Senate which will provide stiffer punishment for
the violation.