Legal Aspects in Tourism and Hospitality Laws

1. 1. Introduction to Law on Tourism and Hospitality

2. 2. Objectives:  Definition of Law  Characteristics of Law  Kinds of Laws  Definition of
Constitution  Three Inherent powers of the Government  Bill of Rights  Citizenships
3. 3. Introduction  The order of any business specifically affecting the tourism and hospitality is
dependent on the implementation and observance of a rule, policy, standard, system and
law.  No business/enterprise entity can exploit the environment and natural resources as
incidences to their very existence without being subjected to the regulations of the local and
national governing authorities.
4. 4. Definition of LAW  Law is a system of rules that a society or government develops in
order to deal with crime, business agreements, and social relationships.  Law is a binding
custom or practice of a community: a rule of conduct or action prescribed or formally
recognized as binding or enforced by a controlling authority
5. 5. Characteristics of Law  Rules of Human conduct  Just and Obligatory  Promulgated by
competent authority  It must be observed by all
6. 6.  Law is to be taken as standards or norms that every member of the community should
adhere to  It must be taken seriously so that order in the community can be properly
observed
7. 7.  “ Salus populi est supreme lex”- - The welfare of the people is the supreme law The
passage of the law requires a careful deliberation from the law making authorities
considering the impact it may have to the people in general.
8. 8. Tourism Laws versus Hospitality Laws  Tourism Law may be defined as a combination of
state, local and international laws that control the different facets and functions of the travel
industry.  The UN World Tourism Organization has maintained that tourism laws are
necessary to provide a regulatory framework for the proper development and management
of tourism activities to aid in the conservation of the natural resources and the preservation
of cultural traditions
9. 9. Tourism Laws versus Hospitality Laws  Hospitality Laws deal with food service, travel
and lodging industries. It is applicable to the different nuances of restaurant, hotel, country
club, bar, spa and related industries  It embraces an extensive collection of laws like
contracts, torts and damages, labor and etc.
10. 10. Kinds of Laws According to Purpose
11. 11. Substantive Law  A kind of law which creates, defines and regulates rights and duties
that can give rise to a cause of action. It deals with the ends which the administration of
justice seeks. It relates and determines matters litigated. It regulates the affairs controlled by
procedural law.
12. 12. Adjective Law  This provides the method of aiding and protecting certain rights. It is
concerned with the means and instruments by which those ends can be achieved. It relates
with the conduct and relations between courts and litigants. It regulates the conduct of affairs
in the course of administration of justice.
13. 13. Kinds of Laws According to Scope
14. 14. Public Law  This law applies to all of the state or to particular class of persons in the
state, with equal force and obligation
15. 15. Private Law  Relates to particular class of persons or things.
16. 16. What is Constitution?  Basic principles and laws of a nation, state or social group that
determine the powers and duties of the government and guarantee certain rights to the
people in it.  Supreme among all the laws of the archipelago  Basic paramount law to
which all other laws must conform and to which all persons, including the highest officials of
the land must defer
17. 17. Treaty Defined  As a compact made between two or more independent nations with a
view to the public welfare
18. 18. Customs and Traditions Bases of Law  Base of law which also form part of the Filipino
legal heritage as enshrined in the 1987 Constitution. “ the State shall recognize, respect and
protect the right of the indigenous cultural communities to preserve and develop their
cultures, traditions and institutions.”
19. 19. Art. X, Section 20  Within the territorial jurisdiction and subject to the provisions of this
constitution and national laws, the organic power of autonomous regions shall provide for
legislative powers over: (6) Economic, social and tourism development”
20. 20. National Territory  It is important to discuss and know the Philippine Territory 
Considering the Hotel, travel agency and related business
21. 21. Compositions of the Philippine Territory  Philippine Archipelago  All the territories in
which the Philippines has sovereignty or jurisdiction
22. 22. Different Domains of the Philippines Territorial Jurisdiction  Aerial(air)  Terrestrial(land)
 Fluvial(water)
23. 23. Three Inherent Powers of the Government
24. 24. Police Power  Power of the government to regulate laws and properties for public
purpose
25. 25. Power of Eminent Domain  Power of the government to forcibly acquire private property
for public purpose and after payment of just compensation
26. 26. Power of Taxation  Power of taxation is the power of the government to acquire
revenues. Relevant to this is the power to destroy.
27. 27. Bills of Rights  A bill of rights, sometimes called a declaration of rights or a charter of
rights is a list of the most important rights to the citizens of the country. Section 1: “ no
person shall be deprived of life, liberty or property without due process of law, nor shall any
person be denied the equeal protection of laws”
28. 28. Due process of Law has two-fold aspect  Procedural due process  Substantive due
process
29. 29. Search Warrant vs Warrant of Arrest  Search Warrant is an order in writing, issued in
the name of the people of the Philippines, signed by a judge and directed to a peace officer,
commanding him to search for certain personal property and bring it before the court 
Warrant of Arrest is issued upon the probable cause to be determined personally by the
judge after examination under oath affirmation of the complainant and the witnesses he may
produce and particularly describing the person to be arrested.
30. 30. Instances wherein Search and Seizure may be MADE without Warrant  There is
consent or waiver  Search incident to a lawful arrest  In case of contraband or forfeited
good being transported by ship, automobile or other vehicle, where the officer making it has
reasonable cause for believing that the latter contains them, in view of the difficulty attendant
to securing a search warrant  Plain view or open to eye and hand  Incident to inspection,
supervision and regulation in the exercise of police power such as inspection of restaurants
by health officers, of factories by labor inspectors  Routinary searches usually made at the
border or at ports of entry in the interest of national security and for the proper enforcement
of customs and immigration laws
31. 31. Instances wherein Arrest may be made without Warrant  When in his presence, the
person to be arrested has committed, is actually committing, or is attempting to commit an
offense  When an offense has in fact just been committed and he has personal knowledge
of facts indicating that the person to be arrested has committed it  When the person to be
arrested is a prisoner who has escaped from a penal establishment or place where he is
serving final judgment or temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another.
32. 32. CITIZENSHIPS
33. 33. Another constitutional provision that should be given emphasis related to hospitality
industry is the citizenship. The latter is defined as the membership in a political community
which is more or less permanent in nature
34. 34. Citizens of the Philippines  Those who are citizens of the Philippines at the time of the
adoption of this constitution  Those whose fathers or mothers are citizens of the Philippines
 Those born before January 17,1973, of Filipino mothers, who had elected Philippine
citizenship upon reaching the age of majority  Those who are naturalized in accordance
with law
35. 35. Natural-born Citizens Defined  Are those who are citizens of the Philippines from birth,
without having to perform any act to acquire or to perfect their Philippine citizenship
36. 36. Modes of Acquiring Citizenship  Jus Sanguinis- means that the citizenship of a person
is acquired by blood relationship  Jus Soli- citizenship of a person is determined by the
place of birth  Naturalization- process whether judicial or administrative by which a state
places the imprint of a native citizen when he adopts an alien and gives him the imprint and
endowment of a citizen of that country
37. 37. Nationalized Industries through Capital Restriction