LAW in General 3.
COMMITTEE CONSIDERATION/ACTION
In its general and abstract sense
(derecho), 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.
According to Justice Bradley, US Supreme
Court:
Law is a science of principles by which
the civil society is regulated and held
together, by which right is enforced, and
wrong is detected and punished.
According to De Page:
The body of rule governing the
conduct of persons living in association with
others, under the guaranty of social
compulsion.
According to Sanchez Roman:
[In its specific and concrete sense
(ley)] Law is a rule of conduct, just, obligatory
promulgated by legitimate authority, and of
common observance and benefit.
HOW BILL BECOMES A LAW
4. SECOND READING
1. PREPARATION OF THE BILL
The Member or the Bill Drafting Division of
the Reference and Research Bureau
prepares and drafts the bill upon the
Member's request.
2. FIRST READING
1. The bill is filed with the Bills and Index
Service and the same is numbered
and reproduced.
2. Three days after its filing, the same is
included in the Order of Business for
First Reading.
3. On First Reading, the Secretary
General reads the title and number of
the bill. The Speaker refers the bill to
the appropriate Committee/s.
1. The Committee where the bill was
referred to evaluates it to determine
the necessity of conducting public
hearings.
If the Committee finds it necessary to
conduct public hearings, it schedules
the time thereof, issues public notice
and invites resource persons from the
public and private sectors, the
academe and experts on the proposed
legislation.
If the Committee finds that no public
hearing is not needed, it schedules the
bill for Committee discussion/s.
2. Based on the result of the public
hearings or Committee discussions,
the Committee may introduce
amendments, consolidate bills on the
same subject matter, or propose a
substitute bill. It then prepares the
corresponding committee report.
3. The Committee approves the
Committee Report and formally
transmits the same to the Plenary
Affairs Bureau.
1. The Committee Report is registered
and numbered by the Bills and Index
Service. It is included in the Order of
Business and referred to the
Committee on Rules.
2. The Committee on Rules schedules
the bill for consideration on Second
Reading.
3. On Second Reading, the Secretary
General reads the number, title and
text of the bill and the following takes
place:
a. Period of Sponsorship and
Debate
b. Period of Amendments
c. Voting which may be by:
i. viva voce
ii. count by tellers
iii. division of the House; or
iv. nominal voting

5. THIRD READING
1. The amendments, if any, are
engrossed and printed copies of the
bill are reproduced for Third Reading.
2. The engrossed bill is included in the
Calendar of Bills for Third Reading and
copies of the same are distributed to
all the Members three days before its
Third Reading.
3. On Third Reading, the Secretary
General reads only the number and
title of the bill.
4. A roll call or nominal voting is called
and a Member, if he desires, is given
three minutes to explain his vote. No
amendment on the bill is allowed at
this stage.
a. The bill is approved by an
affirmative vote of a majority of
the Members present.
b. If the bill is disapproved, the
same is transmitted to the
Archives.
6. TRANSMITTAL OF THE APPROVED
BILL TO THE SENATE
The approved bill is transmitted to the Senate
for its concurrence.
7. SENATE ACTION ON APPROVED BILL
OF THE HOUSE
The bill undergoes the same legislative
process in the Senate.
8. CONFERENCE COMMITTEE
1. A Conference Committee is
constituted and is composed of
Members from each House of
Congress to settle, reconcile or thresh
out differences or disagreements on
any provision of the bill.
2. The conferees are not limited to
reconciling the differences in the bill
but may introduce new provisions
germane to the subject matter or may
report out an entirely new bill on the
subject.
3. The Conference Committee prepares
a report to be signed by all the
conferees and the Chairman.
4. The Conference Committee Report is
submitted for consideration/approval of
both Houses. No amendment is
allowed.
9. TRANSMITTAL OF THE BILL TO THE
PRESIDENT
Copies of the bill, signed by the Senate
President and the Speaker of the House of
Representatives and certified by both the
Secretary of the Senate and the Secretary
General of the House, are transmitted to the
President.
10. PRESIDENTIAL ACTION ON THE BILL
1. If the bill is approved by the President,
the same is assigned an RA number
and transmitted to the House where it
originated.
2. If the bill is vetoed, the same, together
with a message citing the reason for
the veto, is transmitted to the House
where the bill originated.
11. ACTION ON APPROVED BILL
The bill is reproduced and copies are sent to
the Official Gazette Office for publication and
distribution to the implementing agencies. It is
then included in the annual compilation of
Acts and Resolutions.
12. ACTION ON VETOED BILL
The message is included in the Order of
Business. If the Congress decides to override
the veto, the House and the Senate shall
proceed separately to reconsider the bill or
the vetoed items of the bill. If the bill or its
vetoed items is passed by a vote of two-thirds
of the Members of each House, such bill or
items shall become a law.
 DIFFERENT KINDS OF LAW
AS TO SCOPE
General or Public Law – a law which applies
to all of the people of the state or to all of a
particular class of persons in the state, with
equal force and obligation.
Criminal Law – a law dealing with
crimes and their punishment, as well as the
procedure for that purpose.
International Law – body of rules or
principles of action governing the relations
between States.
Political Law – law regulating the
relations sustained by the inhabitants of a
territory to the sovereign.
Special or Private Law – a law which relates
to particular persons or things of a class.
Civil Law – the mass of precepts
which determines and regulates 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.
Maritime Law – the law dealing with
commerce by sea, involving regulation of
ships and harbors and the status of seamen.
Mercantile Law – the law of
commercial transactions derived from the law
of merchant which includes, commercial
paper, insurance and other types of agency.
AS TO PURPOSE
Substantive Law – a law which creates,
defines and regulates rights, or which
regulates the rights and duties which give rise
to a cause of action.
Adjective Law – a law which provides the
method of aiding and protecting certain rights.
RESOURCES OF LAW RELEVANT TO
TOURISM INDUSTRIES
The Philippine Constitution – It is the
fundamental law of the land, to which all other
laws must conform.
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.
Administrative or executive orders,
regulations and rulings – These are issued
by administrative officials under legislative
authority. Examples: (a) Rules and
Regulations promulgated 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;
Judicial decisions or jurisprudence –
These refer to the decisions of the Supreme
Court in interpreting the laws or the
Constitution.
Custom – It is a rule of conduct which in a
given place and among given groups of
people, has been followed for an appreciable
time.
Other sources – These refer to decisions of
foreign tribunals and opinions of textbook
writers.
 IMPORTANCE OF LAW IN TOURISM AND
HOSPITALITY
All things being considered, it will not
be denied that there are now various or even
millions of commercial transactions involved
in tourism. In addition, numerous regulations
are being imposed by the different
government agencies in order to promote
tourism development for national interest.
Hence, there is a need to study the different
principles and statutes governing tourism
development.
A working knowledge of laws
governing the hospitality industry isn't just a
nice bonus piece of knowledge. Employees,
managers and other staff members have to
know enough about the law to avoid breaking
it because failing to follow state and federal
laws can result in fines, lawsuits and negative
publicity.
KEEPING CUSTOMERS SAFE
Food safety laws play a major role in
the hospitality industry, and knowledge about
how to clean and store food can keep your
customers safe and help your business avoid
lawsuits and fines. Other safety laws include
the Hotel and Motel Fire Safety Act, which
maintains a list of hotels that meet minimum
fire safety guidelines. If your hotel follows
these guidelines, federal employees can stay
at your business, increasing your customer
base, and customers can rest easy knowing
that your hotel is invested in keeping them
safe in the event of a fire.
PROTECTING YOUR REPUTATION
Knowledge of hospitality laws protects
your business's reputation. For example,
hotels have to provide access to disabled
patrons, and if your business fails to comply,
you could face lawsuits, protests and
negative publicity. Similarly, discriminating
against people on the basis of sex, race,
religion, disability status or age can draw
unwanted negative attention. Staff members
should understand what constitutes
discrimination and should be aware of their
legal obligation to respect diverse workers.
HONORING AGREEMENTS AND FAIR
MARKETING
Workers in the hospitality industry may
be members of unions, and some unions
have specific agreements with employers
governing wages, working conditions and
benefits. Your staff needs to honor these
agreements, as well as any contracts you've
signed with customers, vendors and
contractors. Similarly, hotels must adopt fair
and honest marketing practices. Deceptive
marketing is illegal. For example, if you
advertise one price, then an employee
refuses to offer that price to a patron, you
could be sued for deceptive marketing.
PROPER RECORD-KEEPING
Hospitality businesses have to
maintain a variety of records, including tip
sheets indicating the tips employees receive
at tip-out, employment agreements and
payroll tax paperwork. Employees who know
and understand the law can keep more
accurate records and will be less likely to
throw away important documentation. Without
proper record-keeping, your business could
get into trouble with a variety of governmental
agencies, over or underpay employees and
lose important tax deductions.
Concept of Tourism Law
Tourism is defined as the custom or
practice of traveling for pleasure, as well as
the promotion by establishment of countries
to attract tourists.
The World Tourism Organization
defines tourism as the activities of persons
traveling to and staying in places outside their
usual environment for not 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 traveling from place to
place for pleasure (tourist), and business
establishments or persons engaged in the
occupation of providing various services for
tourists.

Jurisprudence Definition:
Case law, or the legal decisions which have
developed and which accompany statutes in
applying the law against situations of fact.
Technically, jurisprudence means the
"science of law".

Statutes articulate the bland rules of law, with

only rare reference to factual situations.
The actual application of these statutes to
facts is left to judges who consider not only
the statute but also other legal rules which
might be relevant to arrive at a judicial
decision; hence, the "science".

Thus, jurisprudence" has come to refer to

case law, or the legal decisions which have
developed and which accompany statutes in
applying the law against situations of fact.

Legislative Enactment - Statute

Legislation is the second key source of law
and usually takes priority over sources of law
other than the Constitution. There may be
more than one legislative body in a country -
central, provincial or state and municipal
authorities may each have separate power to
legislate. Rules will determine the extent to
which and in what areas one legislative body
has priority over another.