Pertinent Laws on Hospitality

Management
(Tourism Laws)
 Chapter 1:CONSTITUTIONAL IN THE
HOSPITALITY WORLD

 Law-may be defined as the principles

and regulation established in a
community by some authority and
applicable to its people, whether in the
form of legislation or customs and
policies recognized and enforced by
judicial decision…
 LAW MAY BE
CHARACTERIZED:
 RULE OF HUMAN CONDUCT.
 JUST AND OBLIGATORY.
 PROMULGATED BY
COMPETENT AUTHORITY.
 IT IS FOR GENERAL
OBSERVANCE.
 ACCORDING TO PURPOSE:

 SUBSTANTIVE LAW-this kind of law

creates, defines and regulates right, or
which regulates the rights and duties
than can give rise to cause of action.
 ADJECTIVE LAW-this provides the
method of aiding and protecting certain
rights.
 ACCORDING TO SCOPE:
 PUBLIC LAWS-This law applies to all of the
state or to all of particular class persons in state,
with equal force and obligation.
(EX:POLITICAL LAW,CRIMINAL
LAW,INTERNATIONAL LAW.
 PRIVATE LAW-This law relates to particular
person or things of a class.
(EX:MERCANTILE/COMMERCIAL
LAW,MARITIME LAW,CIVIL LAW.
 CONSTITUTION-Is known to be the basic and
paramount law of the land to which all other laws
must conform and to which all persons, including
the highest official to the land must defer.
 TREATY-Has been defined as a compact made
between two or more independent nations with a
view to the public welfare.
 CUSTOM AND TRADITIONS-Are also
considered as bases of law.
 NATIONAL TERRITORY
 The national territory provision under article1 of
the 1987 Constitution since one of the factors to
be taken into consideration in the establishment
of hotel, travel agency and related establishment
is the location of the business or its territorial
jurisdiction. It is imperative to define as
specifically as possible our national territory to
make known to the whole world the areas over
which we assert title or ownership to avoid future
conflicts with other nations.
 ARTICLE 1,SECTION 1 OF THE
1987 CONSTITUTION
 Provide that the national territory comprises the
Philippine archipelago, with all the islands and
waters embraced therein, and all other territories
over which the Philippine has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial,
and aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and the
other submarines areas. The regardless of their
breadth and dimensions, form part of the internal
waters of the Philippine.
 COMPOSITIONS OF THE
PHILIPPINES TERRITORY
 Philippine archipelago
 All the territories in which
the Philippine has
sovereignty or jurisdiction.
 DIFFERENT DOMAINS IN THE
PHILIPPINES TERRITORIAL
JURISDICTION
 AERIAL (AIR)
 TERRESTRIAL(LAND )
 FLUVIAL(WATER)
 INTERNAL WATERS OF THE
PHILIPPINES
 The water around, between ,and
connecting the islands of the
archipelago, regardless of their
breadth and dimensions, form
part of internal waters of the
Philippines.
 BILL OF RIGHTS
 ARTICLE 3 of the 1987 Philippines Constitution
discusses the different right available among its
citizens and among those who owe temporary
allegiance to the government.
 Section 1”NO PERSON SHALL BE DEPRIVED
OF LIFE,LIBERTY,OR PROPERTY WITHOUT
DUE PROCESS OF LAW,NOR SHALL ANY
PERSON BE DENIED THE EQUAL
PROTECTION OF LAWS..”
 PROCESS OF LAW

 PROCEDURAL DUE PROCESS-its

refers to the method by which the law in
enforced.
 SUBSTANTIVE DUE PROCESS-It
requires the fairness, justness, and
reasonableness of the law itself.
Arbitrary reasons and flimsy grounds are
no excuse.
 SECTION 2:
 The right of the people to be secure in their persons,
houses, effects against unreasonable searches and
seizures of the whatever nature and of whatever
nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue
except upon probable cause to be determined
personally by the judge after examination under oath
or affirmation of the complainant and the witnesses
he may produce and particularly describes the place
to be searched and the person or things be seized..
 SEARCH WARRANT DISTINGUISHED
FROM WARRANT OF ARREST
 SEARCH WARRANT-is an order in writing, issued
in the name of the people of the Philippines, signed
by judged 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 or affirmation of
the complaint and the witness he may produce and
particularly describing the person to be arrested.
 INSTANCES WHEREIN SEARCH AND SEIZURE
MAY BE MADE WITHOUT WARRANT

 There is consent or waiver

 Search incident to lawful arrest;
 In case of contraband or forfeited goods being
transported by ship, automobile or the 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.
 Incidental to inspection, supervision and
regulation in the exercise of the police power
such as inspection of the restaurants by health
officers, of factories by labor inspectors, etc.
 Routinary searches usually made at the border or
at ports entry in the interest of national security
and for the proper enforcement of the customs
and immigration laws.
 INSTANCE WHEREIN ARREST
MAY BE MADE WITHOUT
WARRANT
 THE RULES OF COURT,RULE113,SEC.5 provides
that under the following circumstances, a peace
officer or private person any arrest a person even
without warrant:
 When in his presence, the person to be arrested has
committed, is actually committing, or 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.
 SECTION 3

The privacy of communication and correspondence

shall be inviolable except upon lawful order the
court, or when public safety or order requires
otherwise as prescribed be law.

Any evidence obtained in violation of this or the

preceding section shall be inadmissible for any
purpose 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 the
redress of their grievances.
 SECTION 5

 No law shall be made respecting the

establishment of religion, or prohibiting
the free exercise thereof. the free exercise
and enjoyment of religious profession and
worship, without discrimination or
preferences shall forever be allowed. No
religious test shall be required for the
exercise of civil or political rights.
 SECTION 6

 The liberty of abode and changing of 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 national security, public
safety, or public health, as may be
provided by law..
 SECTION 8

 The rights of the people, including

those employed in the public and
private sectors, to form unions,
association, or societies for purpose
not contrary to law shall not be
abridged.
 SECTION 9

 Private property shall not be

taken for public use without just
compensation.
 SECTION 10

 No law impairing the obligation

of contracts shall be passed.(Law
on obligation and contracts will
be discussed further in chapter 3)
 CITIZENSHIP

 Another constitutional provision that

should be given emphasis in the
hospitality industry is citizenship. The
latter is defined as the membership in
political community which is more or
less permanent in nature.
 CITIZENSHIP OF THE
PHILIPPINES
The following are the citizens of the Philippines according to
ARTICLE 4,SECTION 1 OF THE 1987
CONSTITUTION:
1.Those who are citizens of the Philippines at the time of the
adoption of this constitution;
2.Those whose fathers or mothers are citizens in Philippines;
3.Those born before January 17,1973,of Filipino mothers,
who had elected Philippine citizenship upon reaching the
age of majority;
4.Those who are naturalized in accordance with law.
 NATURAL-BORN CITIZENS
DEFINED
 Natural Born Citizens are those who
are citizens of the Philippines from
birth, without having to perform any
act to acquire or to perfect their
Philippine citizenship.
 MODES OF ACQUIRING
CITIZENSHIP
 JUS SANGUINIS-it means that the citizenship of
person is acquired by blood relationship, as when a
child is born by Filipinos parents, wherever he may
born.
 JUS SOLI-the citizenship of the person is determined
by the place of birth.
 NATURALIZATION-it’s a process whether judicial or
administrative by which a state places the imprint of
native citizen when he adopts an alien and gives him the
imprint and endowment of citizen of the that country.
 NATIONAL ECONOMY AND
PATRIMONY
 The national economy and patrimony
provision of the 1987 constitution plays a
significance role in boosting the
conservation of resources that we have as
tropical country. such would be
necessary for the development of
Philippine tourism industry.
 NATIONAL INDUSTRIES
THROUGH CAPITAL
RESTRICTION
 Certain areas of investment shall be reserved by congress
to citizens of the Philippines or to corporations or
associations at least 60% of whose capital, or higher, is
owned by Filipinos (SEC.10,ARTXII,1987
CONSTITUTION)
 The Congress shall enact measures that will encourage
the formation and operation of the enterprises whose
capital is wholly owned by Filipinos.
 In the grant of rights, privileges and concessions covering
the national economy and patrimony, preference shall be
given to qualified Filipinos.
 The state shall regulate and exercise authority
over foreign investment within its national
jurisdiction and in accordance within its national
goals and priorities.
 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 the Philippines at least
60 per centum of whose capital is owned by such
citizens (SECTION 11,ARTICLE XII,1987
CONSTITUTION)
 The state shall encourage equity participation in
 The state shall promote the
preferential use of Filipino labor,
domestic materials and locally
produced goods, and adopt
measures that helps make the
competitive..
 THREE INHERENT POWERS
OF THE GOVERNMENT
 POLICE POWER-It is the power of the
government to regulate laws and properties for
public purpose.
 POWER OF EMINENT DOMAIN-It is the
power of the government to forcibly acquire
private property for public purpose and after
payment of just compensation.
 POWER OF TAXATION-The power of taxation
is the power of the government to acquire
revenues.