CHAPTER 1
Law - rule of conduct, just and obligatory promulgated by
legitimate authority
- ordinance of reason promulgated by competent
authority for the sake of common good
Attributes of Law
1) It is a set of rules.
2) It regulates the human conduct.
3) It is created and maintained by the state.
4) It has certain amount of stability, fixity and uniformity.
5) It is backed by coercive authority.
6) Its violation leads to punishment.
7) It is the expression of the will of the people and is
generally written down to give it definiteness.
8) It is related to the concept of 'sovereignty' which is the
most important element of state.
Sources of Law in relation to Tourism, Travel and
Hospitality Industry
The Philippine Constitution (1987) - fundamental law
of the land
Statutes or Legislative Enactments - written will of the
legislative department rendered authentic by certain
prescribed forms and solemnities
Administrative or Executive Orders Regulations and
Rulings - issued by Administrative Official under
Legislative Authority
Judicial or Jurisdiction - refer to the decisions of the
Supreme Court in interpreting the laws
Custom - rule of conduct which in a given place and
among given groups of people has been followed
Other Sources - refer to decisions of foreign tribunals
and opinions
HOSPITALITY LAW, defined.
HOSPITALITY LAW - legal and social practice related to
the treatment of a person’s guests
Tourism - practice of traveling for pleasure
Tourism Law - 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
LAW REGULATING ISSUANCE OF VISA AND
TRAVEL DOCUMENTS
- visa policy of the Philippines is governed by
Commonwealth Act No. 613, also known as
the “Philippine Immigration Act”
Generally, foreign nationals who wish to enter the
Philippines require a visa unless:
1. He/she is a citizen of a member state of the
Association of Southeast Asian Nations (ASEAN);
2. He/she is a citizen of a non-ASEAN member state
whose nationals are allowed to enter the Philippines
visa-free; or
3. He/she is a balikbayan and is only returning to the
Philippines temporarily
Nationals of countries which have diplomatic relations
with the Philippines are generally allowed entry into the
country without securing a temporary visitor’s visa from
the Consulate if their stay does not exceed thirty (30)
days. Visitors availing of this no-visa privilege must enter
the Philippine for tourism purpose and must hold a
round-trip or onward travel airline ticket
Balikbayan Program - Returning balikbayan may enter
the Philippines without a visa and stay for a period one
(1) year for tourism purposes.
- Balikbayan Program (Republic Act 6768) of the
Philippine government
TYPES OF PHILIPPINE VISA
NON – IMMIGRANT
9(A) - Pleasure, business or health
9(B) – Transit
9(C) – Seaman
9(D) - Alien businessman
9(E) - Foreign government officials
9(F) - Students
9(G) - Pre-arranged employees
IMMIGRANT
13 - Quota immigrants
13(A) - spouse or unmarried child
13(B) - Children born during a temporary visit abroad
13(C) - Children born after the issuance of the visa
13(D) - Women who lost Filipino citizenship by marriage
13(E) - Permanent residents returning to the Philippines
13(F) - spouse and/or unmarried children (below 21) of
an alien
13(G) - Natural-born Filipinos
SPECIAL
SIRV - Special Investor’s Resident Visa
SVEG - Special Visa for Employment Generation.
SRRV - Special Resident Retiree’s Visa
SNIV - Special Non-Immigrant Visa
SEVOBU - Special Employment Visa for Offshore
Banking Unit.
Visa waiver program - governed by Executive Order
No. 408, signed on November 9, 1960 by President
Carlos P. Garcia
July 1, 2013 - Bureau of Immigration began
implementing an extended visa
March 2015 - proposed to extend the visa exemption to
citizens of China and India.
CHAPTER 2 - The 1987 Constitution of the
Philippines and Hospitality Industry
Constitution - basic and highest law of the land
Doctrine of Constitutional Supremacy - if a law or
contract violates any norm of the constitution, that law or
contract, is null and void (not valid) and without any force
and effect
ARTICLE I – NATIONAL TERRITORY - comprises the
Philippine archipelago
the Philippine territory comprises:
1. The Philippine archipelago - body of water
studded with islands
2. All other territories over the Philippines has
sovereignty or jurisdiction - includes any
territory which presently belongs to the
Philippines
ARTICLE III - BILL OF RIGHTS
- governs the relationship between the individual
and the state.
- to protect the people against arbitrary and
discriminatory use of political power
Section 1. No person shall be deprived of life, liberty, or
property without due process of law….
Persons covered by Section 1, Article III
1. Natural Persons
2. Juridical Persons\artificial being
Three Areas Protected by Section 1, Article III
1. Life - the right of an individual to his body in its
completeness
2. Liberty - the right to exist and the right to be free
from arbitrary personal
3. Property - anything that can come under the
right of ownership and be the subject of contract
Rights guaranteed by Section 1, Article III
1. The Right to Due Process - law which hears
before it condemns/contemplates notice and
opportunity to be heard before judgment is
rendered
two requirements in order to have due process:
1. There must be notice; and
2. There must be a hearing
2. The Right to Equal Protection of the Law - a
specific constitutional guarantee of the Equality of the
Person
- it guarantees is “legal equality
To be considered reasonable, the following
requisites must be present:
1. It must rest on substantial distinctions;
2. It must be germane to the purpose of the law;
3. It must not be limited to existing conditions only; and
4. It must apply equally to all members of the same
class.
Section 3. – PRIVACY STUFF
Essence of Right to Privacy - s simply the right to be
let alone
Expectation of Privacy - an individual cannot simply
invoke the right to privacy
- A person must prove that he/she really has
privacy in the first place
The Privacy of Letters - communication made in writing
is treated with confidentiality
- covers letters, messages, telephone calls,
telegrams
Exceptions to the Right to Privacy - considered a
fundamental right that must be protected from intrusion
or constrained
Doctrine of the Fruit of the Poisonous Tree – any
evidence obtained illegally cannot be used as evidence
in any proceedings
- Article 3, Section 3
The Anti-Wiretapping Law [R.A. No. 4200] – An Act to
Prohibit and Penalized Wire Tapping
- using any other device or arrangement, to
secretly overhear, intercept, or record such
communication
Anti-Photo and Video Voyeurism Act of 2009 [R.A.
No. 9995] – basta ito yung sa pag video or share ng
mga sexual activities
Photo or video voyeurism - act of taking photo or video
coverage of a person or group of persons performing
sexual act
Section 6
Liberty of Abode - Constitution guarantees the right of
the persons to establish his own residence or home
- any person can also change his residence
Exception to the Liberty of Abode - Right to Abode
must be within the limits prescribed by law meaning
pwede madisallow ung any structure for good reasons
like public safety.
Right to Travel - Travelling from one place to another is
also a guaranteed right
Under the Bill of Rights, the right to travel can be
impaired if any of the following circumstances are
present:
1. Interest of National Security;
2. Public Safety; and
3. Public Health.
SECTION 8 - The right of the people, including those
employed in the public and private sectors, to form
unions
Right to Form Union in the Private Sector - not only
constitutional but also statutory right.
- company cannot prevent its employees to form a
union
Right to Form Union in the Public Sector -
government employees are given the right to form
unions. However, the right to strike is not included in the
right to form unions.
Section 10. No law impairing the obligations of
contracts shall be passed.
- Under the Civil Code, the contract constituted
the law of the parties unless it violates some
provisions of law or public policy
ARTICLE IV – CITIZENSHIP
Modes in acquiring Philippine citizenship
1. By birth
a. Jus soli (right of soil) - person’s nationality at
birth is determined by the place of birth
b. Jus sanguinis (right of blood) - an individual
acquires the nationality of his/her natural
parent/s.
2. By naturalization - judicial act of adopting a
foreigner and clothing him with the privileges of
a native-born citizen
ARTICLE XII - NATIONAL ECONOMY AND
PATRIMONY
Section 10.
qualified Filipinos - preference shall be given to those
citizens who can make a viable contribution to the
common good
National Patrimony refers not only to the natural
resources of the Philippines, but also to the cultural
heritage of the Filipinos.
- The patrimony of the Nation that should be
conserved and developed refers not only to
Filipino’s rich natural resources but also to the
cultural heritage
THREE INHERENT POWERS OF THE GOVERNMENT
1. Power of Eminent Domain - right or power of a
sovereign state to appropriate private property to
particular uses to promote public welfare
- indispensable attribute of sovereignty;
2. Police Power - to regulate behaviors and
enforce order within its territory
- form of making laws, compelling obedience to
those laws through physical means
3. Power of Taxation – to impose and collect
taxes and charges on individuals
CHAPTER 3 – LAWS OF TRAVEL
- 7,107 islands in the Philippines,
- 14 percent of the 158,810 km (98,110 mi) of
roads in the Philippines are paved
Carrier - person or corporation who undertakes to
transport persons from one place to another
two types of carrier:
1. Private Carrier / Special Carrier - without
holding himself or itself out to the public as
ready to act for all who may desire his or its
services by special agreement in a particular
instance only,
2. Common Carrier / Public Carrier - one that
holds itself out as ready to engage in the
transportation of goods for hire as a public
employment
Article 1732 of the NEW CIVIL CODE OF THE
PHILIPPINES defines a Common Carrier as follows:
(Art. 1732.) Common Carriers - persons, corporations,
firms or associations engaged in the business of carrying
or transporting passengers or goods or both, by land
water air
The requisites of common carrier are the following:
a. Persons, corporations, firms or associations;
b. Engaged in the business of carrying or transporting
passengers, goods or both;
c. Means of carriage is by land, water or air;
d. The carrying of passengers, goods or both is for
compensation; and
e. The service is offered to the public without distinction.
bus – not a common carrier because it is not a person,
corporation, firm or association. It is simply a mode of
transportation.
But, Baliwag Transit Inc. - is a common carrier as it is a
corporation
pipeline operators are common carriers
Importance of Classifying a Carrier as Private or
Common
common carrier - required to observe extraordinary
diligence
Extraordinary diligence - is that extreme measure of
care and caution
Defenses of Common Carriers
Common carriers are responsible for the loss,
destruction, or deterioration of the goods, unless it
is due to any of the following causes only:
1. Flood, storm, earthquake, lightning, or other natural
disaster or calamity;
2. Act of the public enemy in war, whether international
or civil;
3. Act of omission of the shipper or owner of the goods;
4. The character of the goods or defects in the packing
or in the containers;
5. Order or act of competent public authority; and
6. Exercise of extraordinary diligence.
Duration of Liability of Common Carriers
As to Goods - duty to exercise extraordinary diligence
starts from the time the goods are unconditionally placed
in the possession of, and received by the carrier for
transportation until the same are delivered, actually or
constructively, by the carrier to the consignee or to the
person who has the right to receive them
As to Passengers - carrier is bound to exercise utmost
diligence with respect to passengers the moment the
person who purchases the ticket (or a “token”) from the
carrier presents himself at the proper place and in a
proper manner to be transported

Liability for Acts of Employees and Passengers

Common carriers - e liable for the death of or injuries to
passengers, through the negligence or willful acts of the
former’s employees
Successive Carriers
- In Maritime Law, the second carrier shall
assume the obligations of the first carrier but the
second carrier has a right of action against the
first carrier
Liability of successive air carriers
- An airline ticket providing that carriage of
successive air carriers is to be regarded as a
“single operation” is to make the issuer-carrier
liable for the tortious conduct of the other carrier.
Liability on Passenger’s Baggage
- the law makes a distinction between a baggage
in possession of the passenger and one that is
with the carrier.