LEGAL ASPECTS
Tourism Industry:
Ignorantia juris non excusat- ignorance of
the law excuses no one ( legal doctrine from
the Roman law)
Classification of law:
1. As to purpose:
a. Substantive Law – law that
creates, defines, regulates
b. Adjective Law- law provide
methods of aiding and protecting
certain right.
2. As to scope:
a. General or Public Law- applies
to all the people of state.
Ex.
 Criminal Law- dealing with
crimes
 International Law- governing
relation between states
 Political Law- law regulating
relations sustained by
inhabitants of a territory to a
sovereign
b. Special or private law- law that
relates to particular person or
things of class
Ex.
 Civil law- mass of
precepts
 Maritime law- dealing
with commerce by sea
 Mercantile law- law of
commercial
transactions
TOURISM- practice for traveling for pleasure
TOURISM LAW- body of rules involved in
tourist travel and accommodation.
Sources of law Relevant to
 Philippine Constitution-
fundamental law of the land, to
which all other laws must
conform.
 Statutes or legislative enactments-
written will of the legislative
department.
Ex. (Dangerous Act, Civil Code of the
Philippines, Labor Code of the
Philippines)
 Administrative or Executive orders,
regulations, and rulings- issued by
administrative officials under
legislative authority.
Ex. (Rules and regulations
promulgated by the secretary of
tourism to government and
accreditation of hotels)
 Judicial Decision or Jurisprudence-
decision of the Supreme court
 Custom- rule of conduct a given
place among given groups of
people
 Other sources: decision of foreign
tribunal an opinion of textbook
writers
The right to travel
Freedom of movement- very essence
of our free society
Constitution- original and
fundamental principles of law by
which a system of government is
created and according to which a
country is governed.

Article III (Bill of Rights)
Section1. “No person shall be
deprived of life, liberty, and property
without due process of law, nor shall
any person be denied the equal
protection of laws.”
Section 3.
(1) “The privacy of communication
and correspondence shall be
inviolable except upon lawful order of
the court, or when public safety or
order requires otherwise as
prescribed by law”
(2) “Any evidence obtained in violation
of this, or the preceding section shall
be inadmissible for any purpose of any
proceeding.”
R.A No. 4200, otherwise known as
Anti-Wiretapping Law- provide
penalties for specific violation.
Under section 3, court will authorize
wiretaps in certain crimes such as
( provoking war, piracy, rebellion,
kidnapping, other offences against
national security)
“Fruit from the poisonous tree”-
evidence violating section 3.
Section 4. “No law shall be passed,
abridging the freedom of speech, of
expression, or of the press, or of the
right the people peaceably to
assemble and petition the
government for redress of
grievances.”
Every Person has the right to travel
and reside anywhere he chooses.
Section 6. “The liberty of abode and
of changing the same within the limits
prescribed by law shall not be
impaired except upon lawful order of
the court. Neither shall the right to
travel be impaired except in the
interest of the national security,
public safety, or public health.”
This provisional constitution
guarantees:
 Freedom to choose and
change one’s place of
residence.
 Freedom to travel within or
outside the country.
Section 8. “The right of the people,
including those employed in private or
public sectors, to form unions, associations
or societies for purposes not contrary to law
shall not be abridged.”
Section 10. “No law impairing the
obligations of contracts shall be passed.”
NATIONAL ECONOMY AND
PATRIMONY
Section 10. “Congress shall, upon the
recommendation of the economic and
planning agency, when the national interest
dictates, reserve to the citizens of the
Philippines or to corporations or
associations at least 60 per centum of
whose capital is owned by such citizens, or
such higher percentage as Congress may
prescribe certain areas of investment.”
xxx.
“In grant of rights, privileges and
concessions covering national economy and
patrimony, the state shall give preference to
qualified Filipinos.
The state shall regulate and exercise
authority over foreign investments within its
national jurisdiction and in accordance with
its national goals and priorities. “
Section 11. “No franchise, certificate, or any
other form of authorization for the
operation of a public utility shall be granted
except to citizens of the Philippines or to
corporations or associations organized
under the laws of the Philippines, at least
sixty per centum of whose capital is owned
by such citizens; nor shall such franchise,
certificate, or authorization be exclusive in
character or for a longer period than fifty
years. Neither shall any such franchise or
right be granted except under the condition
that it shall be subject to amendment,
alteration, or repeal by the Congress when
the common good so requires. The State
shall encourage equity participation in
public utilities by the public. The
participation of foreign investors in the
governing body of any public utility
enterprise shall be limited to their
proportionate share in its capital, and all
the executive and managing officers of such
corporation or association must be citizens
of the Philippines.”

The term” public utility” is defined under

Commonwealth Act No. 146, Section 13 (b):
 Obscenity- appeals to the prurient interest
and lacks literary, artistic, political, or
scientific value and sexual conduct

Patrimony of the Nation- Heritage

Qualified Filipinos- preference shall be given
to those citizens.

Liberty- measure of freedom (to do right

and never wrong)

Property- object of appropriation.

Anything with money value

Equal protection of the law-should be

no favoritism.

Due process of law- hears before

condemns and render judgement
after trial.

Essential requirements of
procedural due process:
 There must be a court or tribunal
clothed with judicial power to hear
and determine the matter before it.
 Jurisdiction must be lawfully
acquired.
 Defendant must be given an
opportunity to be heard
 Judgement must be rendered upon
lawful hearing