Lesson 1.

1: Introduction to Tourism and Hospitality

Laws

“Law begins when someone take to doing something someone else does not like.”
Karl Llewelyn

Lesson Summary
As the state declares tourism to be an important element of the national economy and an
industry of national interest, it is important to know and understand the basic concepts of laws
such as laws relevant to Philippine tourism and hospitality industries. Tourism is also being
harnessed as an engine of socio-economic growth and cultural affirmation to generate
investment, foreign exchange, and employment, and to continue to mold an enhanced sense of
national pride for all Filipinos. [ see Section 2 of Republic Act 9593]
This lesson will focus on the definition, nature, and basic concepts of law. This lesson will
also discuss the basic concept of tourism and hospitality law, importance and application of
tourism law, and the sources of law relevant to the tourism industry.

Learning Outcomes
At the end of the lesson, you will be able to:
1. Identify and apply the basic concepts of law.
2. Explain the concept of tourism law, its sources, and examples of its application.

Motivation Question
1. What would life be without
a law?
2. What does the law do?
3. What is our duty as
member of the society?
4. What is the effect if there is
no Tourism Laws?
5. Why is it important to study
tourism and hospitality
laws?

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Discussions

Definition of Law

Law may be defined as a system of rules that society or government develops to deal with
crime, business agreements, and social relationships. (Collins Dictionary). You can also use
the law to refer to the people who work in this system.
Webster (2018) has defined law as 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.

Law defined in its broadest and strict legal sense.

The term “law” in its broadest sense, means any rule of action or norm of conduct
application to all kinds of action and to all objects of creation. In this sense therefore, it includes
all laws, whether they refer to state law, physical law, divine law, and others. (Suarez, 2017). It is a
set of rules that governs a society with the aim of maintaining social order, ensuring justice, and
avoiding harm to people and property.

In a strict legal sense, law is defined as a rule of conduct, just and obligatory, laid down by
legitimate authority for common observance and benefit. (Suarez, 2017 citing Sanchez Roman)

Characteristics of Law
It can be observed from the above definitions that the following elements are
present:
1. It is a rule of conduct. Serves as guide of an individual in relation to his fellowmen and to
his community. The law tells us what we should do and what we shouldn't do; it only
considers external acts.
2. Law must be just. Laws, as guides for human conduct, “should run as golden threads
through society, to the end that law may approach its supreme ideal which is the sway and
dominance of justice” (Report of the Code Commission).
3. It must be obligatory. If the laws are not enforced, the purpose for which they are intended
will not be served.
4. Laws must be prescribed by legitimate authority. If not, the people could not be expected
to observe them. Authority to make laws if conferred upon those duly chosen by the
sovereign will of the people.
5. Laws must be ordained for the common benefit. “Salus Populi Est Suprema Lex” the
welfare of the people shall be the supreme law. The welfare of the people must be taken
a paramount consideration. Laws should be applied not only to a particular group of
citizens. They are supposed to be applied equally to all citizens regardless of their religion,
political persuasion, and status in life. (Suarez, 2017)

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Tourism and Hospitality, defined.

Tourism is defined as the custom or practice of traveling for pleasure, as well as the
promotion by the establishment of countries to attract tourist. [The Lexicon-Webster Dictionary,
1981 Encyclopedic Edition] It is also defined as the activities of persons traveling to and staying
in place outside their usual environment for not more than one consecutive year for leisure,
business, other purposes. [World Tourism Organization, 2020] It further refers to people's
temporary short-term travels to places other than where they usually live and work, as well as their
activities while they are there.
Hospitality is about people welcoming other people into their homes or other places where
they work or spend their time. Hospitality is all about the art of entertaining or receiving guests.
The hospitality industry includes services such as hotels, restaurants, transportation, and
recreational activities, many of which usually cost extra money to enjoy.

Tourism law versus Hospitality law

The laws on tourism may be defined as a combination of state, local, and international
laws that control the different facets and functions of the travel industry. 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. It applies to various sectors such as hospitality, travel trade, attractions, MICE (meetings,
incentives, conventions, events), academe, labor, and the public sector.

Hospitality laws deals with food service, travel, and lodging industries. Among other things,
it regulates the many aspects of the hotel, restaurant, bar, spa, country club, meeting, and
convention businesses. Hospitality law, like entertainment law, homeowners’ association law, and
other specialty subjects, is more of a description of the types of clienteles who seek out attorneys
who specialize in these areas than it is a set of statutes. Hospitality law is related to the concept
of legal liability, and it is meant to legally protect both hosts and guests. While hospitality law covers
many different types of businesses, hotels and restaurants are the two most common hospitality
law clients.

Importance and Application of Tourism Law and Hospitality Law

According to the United Nations’ World Tourism Organization (UNWTO), the purpose of
Tourism Law is to provide a legal and regulatory framework for the development and management
of tourism, preservation of cultural traditions, natural resources and facilitate the involvement of
the private sector & local communities in tourism development activities.

Tourism Law also reflects not only the rights of international and local tourists, but also
the legal responsibilities of inbound-outbound tour operators, travel agents and other significant

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players in this industry. The main concern in Tourism Law is to provide a fair and equitable
environment for travel consumers and organizations.

State legislation, on the other hand, should include the roles and functions of tourism
industry stakeholders, such as, but not limited to:
1. Determine who the key players are.
2. Determine each stakeholder's role.
3. Put tourism site value systems in place, which may include religious, artistic, and social
values.
4. Create benefit-sharing mechanisms among stakeholders, including the community,
state, and tourist-site administrators.
5. Establishing an environmentally friendly environment through regulatory frameworks.
6. Framing responsibility and accountability in relation to peace and security.
7. Introducing tourism rights and general obligatory frameworks while visiting sites.

Hospitality Law is introduced to regulate hotels, restaurants, bars, country clubs and other
public accommodations, so as to provide safety measures within the law to protect the
customers.

Sources of Law Relevant to the Tourism and Hospitality Industry

1. The Philippine Constitution (1987 Constitution). It is the country's basic or fundamental law, to
which all other laws must adhere.

2. Statutes or legislative enactments. It is the legislative department's written will, which is

authenticated by certain prescribed forms and solemnities, and which prescribes rules of action
or civil conduct with respect to people, objects, or both.

3. Administrative or executive orders, regulations, and rulings. Administrative authorities are in

charge of issuing these documents, which are based on legislative authority.

4. Judicial decisions or jurisprudence. These refer to the decisions of the Supreme Court in
interpreting the laws of the Constitution.

5. Custom. It is a set of rules that has been followed for a long time in a specific location by a
specific group of people.

Three Branches of the government in the Philippines

a. Executive branch (executive power)

b. Legislative branch (legislative power)
c. Judicial branch/judiciary (judicial power)

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