Saturday, 8 May 2021

11:34 am

RA 9593 - tourism act of 2009

: restructures dot and creation of

TIESA: tourism infrastructure …. Authority

Constitution: provisions relevant or applicable as materials in Tourism and Hospitality industry

Law of Contracts, article 1305

Corporation: not less than 5, not more than 15

Feb 19, 2019?
Duterte signed into law amending batasang pambansa bilang 68
Revised corporation code
1 single person can now form a corporation: One-Person Corporation

Partnerships
: 2 or more, no more than 100

Labor code:
Procedures in terminating an employee

Book:
Laws in the Hospitality Industry

Class participation is 30% (recitation, papers, questions)

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What is law
Sanchez Roman
 Law is a rule of conduct, just, and obligatory promulgated by legitimate authority

Essential features:
 It is a Conduct
o Anarchy where there is no peace and order
o People conduct themselves accordingly
 Just
o Article 3 section 1 of constitution
o Commensurate with the wrongful act committed by the person
o *reclusion Perpetua - imprisonment 10 days to 40 years
 Different from life imprisonment: in prison forever
 Can be given pardon by executive branch
 Legitimate authority (promulgated)

Three branches of the gov't (co-equal )

 1. Legislative
a. Legislative Power
i. The power to make laws
1. Includes amending laws; repeal laws
ii. Art 6, sec. 1
1. Vested in the Congress of the Ph:
2. House of Representatives
3. Senate of the Philippines
iii. Statute
1. Law passed by the congress
2. Applies to the entire Ph
iv. Investigates to the need for changing or amending or adding a law; if may
kulang sa batas
2. Executive
a. Executive Power
i. The power to enforce the law; execute the law; implement the law
ii. To the President of the republic of the Philippines (art 7, sec. 1)
iii. Can only enforce laws that exist already
3. Judiciary
a. Art 8 Sec 1:
i. To settle actual controversies
ii. To determine who is at fault
iii. To check the legality of the law
iv. Interpreter of the law
v. Final arbiter is the Supreme Court

*RA 9995; Hayden Kho

*Senate vs Perform the same function
Congressman:

*Ordinance: law passed by the local Legislative Branch (Municipality:

Sangguniang etc.); only applicable in a certain jurisdiction;
Under the Department of Interior and Local Government
(DILG) - Executive Branch)

 Should not be in conflict with statute

*1987 (supreme law of the land, not passed by the Congress) - ALL
Constitution LAWS MUST CONFORM TO THE CONSTITUTION (otherwise
becomes unconstitutional)

*Bill  Proposal of a law; no right conferred

Executive Order Implement the existing laws

Independent Not under control of the three branches; are autonomous;

constitutional
 Commissions
St. Thomas Moore and his Son (Conversation)

Saturday, 22 May 2021

11:22 am

*Unjust enrichment

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Obligations and Contracts

Civil Code Article 19

 With nature of sources of obligations, rights and duties arising from agreements in contracts
 One must follow what is in the contract theiy are a part of
Law of obligation
 Article 1156

Four elements
 Active subject- (obligee or debtor)
 Passive subject
 Prestation
 Juridical or Legal Tie

Obligations from LAW

 Taxpayer to BIR
Obligations from Contract
 Seller (Obligation to give (prooduct/service) ) to buyer (Active Subject)

Article 1157
Sources of Obligation
1. Law

2. Contracts
a. Meeting of
3. Quasi Contract
a. It is lawful, vooluntary and unilateral
b. Forms:
i. Solutio indebity - payment by mistake
ii. Negotiorum Gestio
1. Assumes … of abandoned business
c. Civil Oblgiations
4. Quasi delicts (Cukoa Aquilina) - act or omission causing damage to another
a. Liable for damages from quasi delicts
Obligations of the passive subject (???)

Air france vs rafael carrascoso

 1958
 MNL to bangkok - first class
 Bangkok to Rome - was forced to vacate for white man who was more deserving (racism)
 When the economy class found out Carrascoso and white manager was in heated conversation,
they pacified Carrascoso
 Complainant was entitled to the first-class
o Contract too furnish the complainant a first class passage
o Contract was breached when air france failed to furnish first class transportation
 Actions by defendant were done in an oppressive, etc… manners

Fortuitous event
 Extraordinary events not foreseeable or avoidable, events that could not be foreseen, or which,
through foreseen, are inevitable
 Generally no person shall be liable in cases of fortuitous event provided that the following
elements are present:

Consensuality of contracts
 Consent of parties
o Acceptance may be expressed or implied (verbal or written?)
 How do you confirm/dispute the acceptance if implied
 Is there a designated medium of contract that makes it valid (napkin/yellow pad
contracts)
 Competent authority, if contract is just or legal, cannot vitiate validity
 Object certain
 Cause of the obligation

When an employee, (ex. Housekeeping), enters a room that is not stated as "do not disturb', and has
entered after the maximum number of attempts of knocking, and finds 2 parties where one is
committing sexual abuse (rape), is it the obligation of the employee to report? And if so, are there
grounds for employer to dismiss the employee?

Say down the line, one of the parties chooses to back out or dispute the contract. How implied
acceptance can be validified or disputed since there may be no documentation of the contract
 Executed contract
 Acceptance through down payment
 General acceptance of the contract
 Someone has to witness the contract

Civil Code
 Civil cases
  No imprisonment; accused only held liable for damages
Criminal cases
 Has incarceration

Obligations elements
1. Passive subject: debtor (aka); person who has the obligation
2. Active subject: Creditor; the party who has the right to demand the fulfillment of the obligation

3. Prestation: object of the contract

4. Vinculum - ties the parties to the contract

Obligation not the same as contract

*Quasi-contracts
Civil written contract - 10 years statute of limitations

*Formal contracts
 Land
 Immovable properties
 Movable properties
o Value more than 5,000; must be in writing

Aug v14 term paper

Saturday, 24 July 2021
11:35 am

Substantive laws - our rights,

Procedural laws - how to enforce those laws

rent - overstay?

Statutes: law by congress

Constitution is the highest law of the land

Saturday, 14 August 2021

11:41 am

Bill of rights: govern the relationship between individual and state

: limits the power of the government
Izaregi vs PAL

Art. 3, sect. 1
: 2 rights:
1. The right to due process
2. The right to equal protection of the law

Persons:
1. Natural (human being)
2. Juridical: corporations, etc.

Due process of law: law that hears before it condemns; which proceeds upon inquiry, and renders
judgement only after trial
: contemplates notice and opportunity to be heard before judgement is rendered, affecting one's person
and property

Equal protection clause

 People of the same class shall be treated alike, under like circumstances and conditions both as
to the privileges conferred and liabilities enforced. It does not mean absolute equality, for
otherwise there would be injustice

Liberty: freedom to do what is right and never wrong

Art. 3, Sect 3
1. Essence of right to privacy (right to be let alone)
2. Doctrine of the fruit of the poisonous tree
a. Any evidence obtained illegally cannot be used as evidence therefore is considered to
be inadmissible in any proceedings

Art. 3 Sect. 6
1. Right to the Liberty of Abode (home/residence)
2. The right to travel

Art. 3 Sect 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