INTRODUCTION TO LAW

DEFINITION OF LAW

Law is defined as any rule of action or any system of uniformity. It determines not only the activities of
men as rational beings but also movements or motions of all objects of creation, whether animate or
inanimate.

KINDS OF LAWS

B.1. As to its purpose:

B.1.a Substantive law – portion of the body of law creating and defining rights and duties which
may be either public or private in character.

B.1.b Adjective law – the portion of the body of law prescribing the manner or procedure by which
rights may be enforced or their violations redressed.

B.2. As to its subject matter:

B.2.a.Public Law – body of legal rules which regulates the rights and duties arising from the
relationship of the state to the people.
B.2.b Private Law – body of rules which regulates the relations of individuals with one another for
purely private ends.

SOURCES OF LAWS

Constitution – the 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.

Legislation – it is the preponderant source of law in the Philippines. Acts passed by the
legislature are so-called enacted laws or statute laws. Legislation includes ordinances enacted by local
governments.

Administrative or Executive Orders, Regulations, and Rulings – these are the issued by
administrative officials under legislative authority.

Judicial decisions or jurisprudence – these are the decided cases of the Supreme Courts,
applying or interpreting the laws or the Constitution which forms part of the legal system of the
Philippines. The decisions of a superior court on a point of law are binding on all subordinate courts.

Custom – It consists of those habits and practices which through long and uninterrupted usage
have become acknowledged and approved by society as binding rules of conduct.

Other Sources – principles of justice equity, decisions of foreign tribunals, opinions of

textwriters,and religion.

RELEVANT CONSTITUTIONAL PROVISIONS ON HOSPITALITY

BILL OF RIGHTS:

“Article III, Sec. 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 laws.”
 DUE PROCESS OF LAW – this refers to the law which hears before it condemns. It proceeds upon
inquiry and renders judgment after trial.

Essential Requirements of Procedural Due Process in Courts: (1) A court or tribunal clothed with
judicial power to hear and determine the matter/issue; (2) jurisdiction must be lawfully acquired
over the person of the defendant or over the property which is the subject of the proceedings; (3)
the defendant must be given an opportunity to be heard; and (4) judgment must be rendered upon
lawful hearing.

EQUAL PROTECTION OF THE LAW – the equal protection clause is a specific constitutional
guarantee of the Equality of the Person. The equality it guarantees is “legal equality or the equality
of all persons before the law.

“Article III, Sec. 2: The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable,
and no search warrant or warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the complainant and the witnesses
he may produce, and particularly describing the place to be searched and the persons or things to be
seized.”

SEARCH WARRANT – is issued upon the probable cause to be determined personally by the judge
after examination under oath or affirmation of the complainant and the witnesses he may produce
and particularly describing the place to be searched.

WARRANT OF ARREST – is issued upon the probable cause to be determined personally by the
judge after examination under oath or affirmation of the complainant and the witnesses he may
produce and particularly describing the person to be arrested.

“Article III, Sec. 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.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purposes in any proceeding.”

PRIVACY OF CORRESPONDENCE AND COMMUNICATION – covered in the constitutional

provision are letters, telegrams, telephone calls, messages, etc.
Anti-Wiretapping Law (RA 4200) – this law provides penalties for specific violations of the privacy
of communication. Under this law, the court may authorize wire taps in certain crimes, particularly
offenses against national security.

“Article III, Sec. 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.”

This provision guarantees: (1) Freedom to choose and change one’s place of residence and dwelling
place; and (2) Freedom to travel within or outside the country.

“Article III, Sec. 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.”

A person from hospitality industry has the right to join certain organization/s except when: (1)
there is law that specifically prohibits the same; and (2) the organization is against public policy,
public order, good customs and morals.

CITIZENSHIP

“Article IV, Sec. 1: The following are citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution;
(2) Those whose fathers or mothers are citizens of the Philippines;
(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority; and
(4) Those who are naturalized in accordance with law.”

“Article IV, Sec. 2: Natural-born citizens are those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine
citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.”

“Article IV, Sec. 3: Philippine citizenship may be lost or reacquired in the manner provided by law.”

“Article IV, Sec. 4: Citizens of the Philippines who marry aliens shall retain their citizenship, unless by
their act or omission they are deemed, under the law, to have renounced it.”

PRINCIPLES / MODES IN ACQUIRING PHILIPPINE CITIZENSHIP

1. Jus Sanguinis – refers to the acquisition of citizenship by blood relationship, such as when a child
is born by Filipino parents regardless of the place of his birth.
2. Jus Soli – the citizenship of a person is determined by the place of his birth.
3. Naturalization – it signifies the act of formally adopting a foreigner into the political body of a
nation by clothing him with privileges of a citizen.

NATIONAL ECONOMY AND PATRIMONY

“Article XII, Sec. 10: The Congress shall, upon recommendation of the economic and planning agency,
when the national interest dictates, reserve to citizens of the Philippines or to corporations or
associations at least sixty per centum of whose capital is owned by such citizens, or such higher
percentage as Congress may prescribe, certain areas of investments. The Congress shall enact
measures that will encourage the formation and operation of enterprises whose capital is wholly owned
by Filipinos.
In the grant of rights, privileges, and concessions covering the national economy and patrimony,
the State shall give preference to qualified Filipinos.
The State shall regulate and exercise authority over foreign investments within its national jurisdiction
and in accordance with its national goals and priorities.”

“Article XII, Sec. 11: No franchise, certificate, or any other form of authorization for the operation of a
public utility shall be granted except to citizens of the Philippines or to corporations or associations
organized under the laws of the Philippines at least sixty per centum of whose capital is owned by such
citizens, nor shall such franchise, certificate, or authorization be exclusive in character or for a longer
period than fifty years. Neither shall any such franchise or right be granted except under the condition
that it shall be subject to amendment, alteration, or repeal by the Congress when the common good so
requires. The State shall encourage equity participation in public utilities by the general public. The
participation of foreign investors in the governing body of any public utility enterprise shall be limited to
their proportionate share in its capital, and all the executive and managing officers of such corporation or
association must be citizens of the Philippines.”

“Article XII, Sec. 14: The sustained development of a reservoir of national talents consisting of Filipino
scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled workers
and craftsmen in all fields shall be promoted by the State. The State shall encourage appropriate
technology and regulate its transfer for the national benefit.”

NATIONALIZED INDUSTRIES THROUGH CAPITAL RESTRICTION

1. Certain areas of investment shall be reserved by Congress to citizens of the Philippines or to
corporations or associations at least 60% of whose capital, or higher, is owned by Filipinos.
2. The Congress shall enact measures that will encourage the formation and operation of enterprises
whose capital is wholly owned by Filipinos.
 3. In the grant of rights, privileges and concessions covering the national economy and patrimony,
preference shall be given to qualified Filipinos.
4. The State shall regulate and exercise authority over foreign investment within its national jurisdiction
and in accordance with its national goals and priorities.
5. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be
granted except to citizens of the Philippines or to corporations or associations organized under the
laws of the Philippines at least 60 per centum of whose capital is owned by such citizens.
6. The State shall encourage equity participation in public utilities by the general public. The
participation of the foreign investors in governing body of any public utility enterprise shall be limited
to their proportionate share in its capital and all the executive and managing officers of such
corporation or association must be citizens of the Philippines.
7. The State shall promote the preferential use of Filipino labor, domestic materials and locally produced
goods, and adopt measures that help make them competitive.

THREE INHERENT POWERS OF THE GOVERNMENT

1. Police Power – it is the power of the government to regulate laws and properties for public purpose.

2. Power of Eminent Domain – it is the power of the government to forcibly acquire private property for
public purpose and after payment of just compensation.

3. Power of Taxation – it is a power of the government to acquire revenues.

RELEVANT LAWS GOVERNING THE HOSPITALITY INDUSTRY

RA 9593: Tourism Act of 2009 - 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 therefore.