CHAPTER I- INTRODUCTION TO Divine Law (Morality)

TOURISM LAWS

LAW- defined as a rule of conduct, just and

Human Law (Ethics)
obligatory promulgated by a legitimate authority
and of common observance and benefits. Common observance and benefit

-Sanchez Roman- - Welfare of the people

Rules- are sets of instructions that every
participatory individual must follow.
- Made of the context of law.
- Created by the government.
- Every filipino must act according to
ethical values.
3 CHARACTERISTICS OF LAW
1. It is a rule of conduct.
2. It is just and obligatory.
3. It is promulgated by legitimate
authority.
- Mas pabor sa nakakarami
Salus Po Puli est Suprema Lex- focuses on
common good.
-the law must put on common good.
Executive- not considered as laws
- Doesn’t have legal basis
- Unconstitutional
- Doesn’t fall in legislation
- Presedential decrees
- Executive orders
 Every man has its own righ in your own
liberty

Judicial- interprets the law

Rule of Conduct- which is right and benefit not
-mistrials
just one but many (own definition)

-failed trials
Divine Law- any law understood by man/law.

- Foundation-Pangkalahatan
- Greater role followed by man

Man Made Law- particular thing

Law of Man- how to deal with everyday

situations. Blindfold- judgement
how she sees the two sides.
Cannon Law- followed by the catholics.

Liberty= Freewill= rule of conduct

Punishment- gravity of the act and damage

created by the offender. Scaled- represents fairness.

Law should provide consequences every wrong JUSTICE DENIED

that is created by its citizen.
JUSTICE DELAYED
-equal greater than the act= punishment.
-something wrong with the judicial
Legistlative= approves laws
Bill- proposal ex. Sogie bill
-against
-want to take out discrimination
Statute- law per said
4 Types of Statute
1. Act
2. Commonwealth (laws created under
commonwealth govt) (1939-1946)
3. Batas Pambansa (Marcos)
4. 1987 Constitution (Repblic Acts)
Dura Lex Sed Lex- it is harsh but it is the
law.
- It must be hard but it must be
followed.
Ignoratia Legis Non-Excusat- ignorance to the
law escuses no one from complying.
Actus Reus- guilty act of a person.
3C’s of Actus Reus
1. Conduct- action of commiting the
crime.
2.
3. Consequence- understanding that every
act needs to be dealt.
4. Circumstance- act of the crime in
relation to the response to a crime.
Mens Rea- Guilty Mind
4 LEVELS OF MENS REA
1. Purpose
2. Knowledge- you know the consequence
but you cant help think of the said
crime.
3. Recklessness- aware of the risks
involve.
4. Negligence
Actus Reus and Mens Rea
- Leads to corpus delicti= body of the
crime
Body of Crime= evidence
Corpus Delicti- rule of evidence
- What evidences should be admissible
and not admissible to the court.
- There should be no testimony
admissible in court without evidence
- Verbal= not accepted.
De Facto- in fact/always based on facts.
De jure- in law/accordance with the law.
Prima Facie- not direct evidence but can be
accessories to the crime.
- Should find supporting evidences.
CHAPTER II- CONSTITUTIONAL
PROVISIONS RELATIVE TO
TOURISM ESTABLISHMENTS
Constitution- basic and highest law of the land.
- Everyone must comply
-1987
-18 articles
=UNCOSTITUTIONAL
= null and void
Doctrine of Constitutonal Supremacy
Law≠ Consti= Null and Void Contract
Contract- exists between people and people.
(two privte persons)
Bill of rights- provides relationship between
state and its people.
State BOR People
 PEOPLE People - Hears before it judges

- Trial
Ex. People of the phils. 1. Notice Subpaena
2. Oppurtunity to be heard before
Vs.
judgement
Juan Dela Cruz

- Hindi pwede kasuhan ng state ang

Subpaena- formal document which invites the
isang tao because of the bill of rights
person to the court.
Life
- Once only
Liberty- controlled by the law.
Failed to do one 2 3
Property- tangible and intangible objects.

CHAPTER II-THE LAWS ON

3 Areas to be protected by section 1
OBLIGATIONS AND CONTRACTS
1.Life- essence of movement
Article 3, Section.1 No person shall
be deprived of his life, liberty,or property - Juridical Person
without due process of law,nor, shall any person
-Registry
be denied the equal protection of laws.
-Money
1. Right to due process; and
2. The right to equal protection of the 2. Liberty
laws.
3. Property- tangible and intangible things.
Two kinds of person in law
-moveable property
1. Natural person
2. Juridical person/artificial being
( example corporation) Equal Protection Clause

Article 3, Section 1. No Person shall be -Should be treated alike

deprived of his life, liberty or property without
- no discrimination
due process of la,nor, shall any person be
denied the equal protection of the laws. - in the same class

Person- Natural- Human Being Article 3,Section 3

Juridical- Non-Human Being (Pseudo Person) (1)Not to be violated – (not absolute)

Corp,Assoc.,Etc.
Essence of Right to Privacy
Juridical = SEC Certificates
Article 26
Collective
RA 4200 Anti-Wiretapping Law
Art.3, Sec. 1 LLP
Not Admissible- Murder,Rumors
Due Process
RA 9995 Anti-Photo and Video Voyeurism Act -withstand atleast 50 years
of 2009

Article 3, Section 6
CHAPTER III- Laws Obligations and
1. The Liberty of Abode Contracts
2. The right to travel
- Under the civil code of the phils. (R.A
Article 3, Section 8 386)
- Enacted by June 18,1949
UNION- right to perform union in the private
- Serves as a guide for any acts done by
sector
a civilian of a country.
- Association of employees in order to
Civilian- people conforming the the law
represent the employees in the top
management. Non-Civilian includes:

Collective Bargaining Agreements 1. Military Personnel

2. Not Govt. Officials/Employees
Tatanongin lahat ng employees
3. Someone governing the
Public and Private has the right to form union. country/representing in authority of the
country (Dignitaries)

PRIVATE PUBLIC 1. Almost all transactions in Tourism and

Hospitality involves contracts and
Right to strike No right to strike
obligations.

Government Sector- not allowed to stop work. - Food and beverage

(pwede kasuhan) 2. Have understand that obligations must

be fulfilled
(ex. Alarm and scandal) (civil damage)
- Anything that needs to be returned

Article XII (60-40 Rule) 3. Any violation of contracts and other

civil obligations will hold for damages
100 % Filipino owned only.

60 % Ownership-Filipino Civil Code Civil Case Damages

40 % Ownership-foreign - No one can be imprison because of

Nationalistic view of the country debt

- Not allowed to own 100% Utang- under obligation

National Patrimony- involves natural resources, Damages in form of debt

cultural heritage - Under revised penal code criminal

case Imprisonment
 Estafa Negotiable instruments - No 3rd party in obligation

- Bouncing check,fake money = 5 sources of obligation

evidence
1. Law
2. Contracts
3. Quasi-Contract- can demand certain
amount
Negotiable instruments include cash,
- Authorized to collect money
card,checks,stocks,fake money.
4. Delicts- person who is criminally
reliable
Estafa- more than 4million
- Imprisonment
- Imprisonment for 20 years + 1 year +
- Damages
1 million
5. Quasi-Delicts- crime due to
negligence
Estafa- 6 months imprisonment
- Still have to deal imprisonment

Obligation- juridical to give

to do not to do
Family Code
Necessities
Contract- the meeting of the minds of two
Enforce parties. (verbally/written form)

To give collateral- give the deed of sale Legal- verbal contract not admissible to
court corpus delicti
- Used to convert the title of the
property - No hard proof of evidence
- Trespassing - Verbally,written contracts
- Not all civil case will remain a civil
case Principle of the Good Father (PATER
FAMILIAS)
To do

-Restraining order (obligation) Sources of Damages

Fraud (Pandaraya)
Restraining order Criminal Case
Negligence (Kapabayaan)
4 Elements of Obligation Delay ( Pagwawalang bahala)
Contravene Tenor ( Pagbabalewala)
1. Passive/Obligor/Debtor Laws-someone
who is obliged to perform
Types of Fraud
- Can demand the passive subject
2. Active Subj./Obligee/Creditor- object of
Dolo Incidente- fraud during
the obligation physical item/human
obligations
being
- Contracted before the fraud happens
Active Passive Active
3. Prestation Dolo Causente- beginning of the
4. Juridical Tie/Vinculum (Civil code of transaction fraud already existed
the phils.) (R.A 386)
Negligence- absence of diligence
 - Carelessness

a.

Types of Deligence

a. Ordinary- Part of the usual

routine
b. Extra- Ordinary- extra care
to obliged at most diligence

- Cannot perform ordinary without

extraordinary

NO DEMAND,NO DELAY
- Simple verbal demand
- Demand is done in private
- Cannot demand in public scenario
 Invasion of right to privacy

Two types of demand

1.Judicial- demand letter

2.Extra-Judicial- legal/verbal demand

Exceptions
c. No demand,no delay
Life-death
d. File a case
o Contravention of the tenor obligation
Anything that is not done completely
contravention

Kinds of Obligation
1. Pure- time,condition- not specific
2. Conditional- someone has to
perform an act (admissible)
3. Obligation with a period- time,and
event. (specific)
4. Joint- number of debtor and creditor
- Solidary- work in solidum work
together