Introduction to Law “Ignorantia juris non excusat.” Ignorance of the law excuses no one.

Without law, our world would be very unstable with anarchy in our streets and peace would be
difficult to achieve. (A legal doctrine from the Roman law)
A. Definition of Law In its general and abstract sense (derecho), it is the science of moral
laws founded on the rational nature of man that governs his free activity for the
realization of the individual and social ends of life under an aspect of mutual conditional
dependence.
Kinds of Law
Substantive Law – a law which creates, defines and regulates rights, or which regulates
the rights and duties which give rise to a cause of action. This law has an independent
standing that determines the rights and obligations of a persons in a particular
circumstance.
Adjective/Procedural Law – a law which provides the method of aiding and protecting
certain rights. Unlike Substantive Law, this laws are dependent or subsidiary and prescribes
the process for obtaining a decision.
As to scope:
(1) General or Public law – a law which applies to all of the people of the state or to all of
a particular class of persons in the state, with equal force and obligation. Examples: criminal
law, international law, political law.
- Criminal Law – a law dealing with crimes and their punishment, as well as the procedure
for that purpose.
- International Law – body of rules or principles of action governing the relations
between States or Countries.
- Political Law – law regulating the relations sustained by the inhabitants of a territory to
the sovereign. This includes the rights of all person residing or considered as a citizen of the
state.
(2) Special or Private Law – a law which relates to particular persons or things of a class.
- Civil Law – the mass of precepts which determines and regulates those relations of
assistance, authority, and obedience existing among members of a family and those which
exist among members of a society for the protection of private interests.
- Maritime Law – the law dealing with commerce by sea, involving regulation of ships and
harbors and the status of seamen.
- Mercantile Law – the law of commercial transactions derived from the law of merchant
which includes, commercial paper, insurance and other types of agency.
C. Concept of Tourism Law 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.
D. Importance of Tourism Law All things being considered, it will not be denied that
there are now various or even millions of commercial transactions involved in tourism. In
addition, numerous regulations are being imposed by the different government agencies in
order to promote tourism development for national interest. Hence,
E. Sources of Law Relevant to the Tourism, Travel and Hospitality Industry
The Philippine Constitution – It is the fundamental law of the land, to which all other laws
must conform.
Statutes or legislative enactments – It is the written will of the legislative department
or Congress rendered authentic by certain prescribed forms and solemnities, prescribing
rules of action, or civil conduct with respect to persons, things or both.
Administrative or executive orders, regulations and rulings – These are issued by
administrative officials under legislative authority, the President in particular.
Judicial decisions or jurisprudence – These refer to the decisions of the Supreme
Court in interpreting the laws or the Constitution.
Custom – It is a rule of conduct which in a given place and among given groups of people,
has been followed for an appreciable time. In Filipino term, “mga nakaugalian”.
Other sources – These refer to decisions of foreign tribunals and opinions of textbook
writers
1987 Philippine Constitution - The Constitution is defined as the original and
fundamental principles of law by which a system of government is created and according to
which a country is governed.
The Bill of Rights
Section 1. 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 the laws.
Discussion of the Law Under the Constitution, the term “life,” of which a person may not be
deprived without due process, means more than animal existence. With the emphasis on
social and economic rights at present, life includes at the very least the right to a decent
living. - “Property” is defined as “anything which is or may be the object of appropriation.”
- “Equal Protection of the Law” means Persons similarly situated should be similarly
treated.
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 purposes in any proceeding.
Section 4. No law shall be passed, abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the Government for
redress of grievances.
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.
 Section 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.
Section 10. No law impairing the obligations of contracts shall be passed.
Obligations and Contracts from the New Civil Code of the Philippines
Article 1156. An obligation is a juridical necessity to give, to do or not to do.
Article 1157. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or
omissions punishable
- A contract is a “meeting of the minds between two persons whereby one binds himself, with
respect to the other, to give something or to render some service.”
Quasi-contract refers to a lawful, voluntary and unilateral act based on the maxim that no one
shall unjustly enrich himself at the expense of another.
Quasi-delict (also called culpa-aquiliana) is any act or omission which causes damage to
another, there being fault or negligence, and there being no preexisting contractual relation
between the parties.
Article 1305. A contract is a meeting of minds between two persons whereby one binds
himself, with respect to the other, to give something or to render some service.
Characteristics of a Contract
Mutuality of Contracts. Its validity and performance cannot be left to the will of only one of
the parties.
Autonomy of Contracts. Parties are free to stipulate terms and provisions in a contract, as
long as these terms and provisions are not contrary to law, morals, good customs, public order
and public policy.
Relativity of Contracts. Contracts are binding only upon the parties and their successor’s in-
interest. Exception: Stipulation in favour of a third person (stipulation pour autrui) as in a
beneficiary of an insurance policy.
Consensuality of Contracts. Contracts are perfected by mere consent. And no form is
prescribed by law for their validity. Exception: (a) real contracts (such as pledge, chattel
mortgage); (b) contracts covered under the Statute of Frauds.
Obligatory Force of Contracts. By the obligatory force of contracts, it constitutes the law as
between the parties who are compelled to perform under the threat of being sued in the courts of
law.
Classification of Contracts
Preparatory – or those which have for their object the establishment of a condition in law which
is necessary as a preliminary step towards the celebration of another subsequent contract.
Principal – or those which can subsist independently from other contracts and whose purpose
can be fulfilled by themselves. Examples – sale, lease, common carrier, insurance.
Accessory – or those which can exist only as a consequence of, or in relation with, another prior
contract. Examples – pledge, mortgage.