Legal aspects in tourism and hospitality management

1. Introduction to Law on
Tourism and Hospitality

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. 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. 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. Characteristics of Law
 Rules of Human conduct
 Just and Obligatory
 Promulgated by competent authority
 It must be observed by all

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.  “ 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. 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. 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. Kinds of Laws
According to Purpose

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. 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. Kinds of Laws
According to Scope

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. Private Law
 Relates to particular class of persons or things.

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. Treaty Defined
 As a compact made between two or more independent nations with a view to
the public welfare

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. 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. National Territory
 It is important to discuss and know the Philippine Territory
 Considering the Hotel, travel agency and related business

21. Compositions of the Philippine Territory
 Philippine Archipelago
 All the territories in which the Philippines has sovereignty or jurisdiction

22. Different Domains of the Philippines
Territorial Jurisdiction
 Aerial(air)
 Terrestrial(land)
 Fluvial(water)

23. Three Inherent Powers
of the Government

24. Police Power
 Power of the government to regulate laws and properties for public purpose

25. Power of Eminent Domain
 Power of the government to forcibly acquire private property for public
purpose and after payment of just compensation

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. 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. Due process of Law has two-fold aspect
 Procedural due process
 Substantive due process

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. 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. 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. CITIZENSHIPS

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. 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. 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. 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. Nationalized Industries through Capital
Restriction