THC 6. Legal Aspects

Law

is a set of rules made and enforced by the government to guide how people should behave in society. It helps maintain peace, protect rights, and ensure fairness.

Criminal law

Deals with crimes and punishments

Civil law

Deals with disputes between individuals or companies

Contract law

Covers legal agreements

Tort law

Covers harm or injury due to negligence

Consumer protection law

Ensures fair treatment of customers

Employment law

Protects rights of employees and employers

Licensing law

Requires businesses to get permits

Health and Safety law

Keeps guests and workers safe

Environment law

Protects the environment

Immigration law

Regulates entry and exit of people

Generality

Laws should apply to all individuals or groups within the relevant jurisdiction, not just specific individuals.

Stability

Laws should remain relatively consistent over time, allowing for predictability and the ability to plan and structure actions accordingly, but also allowing for timely revision when circumstances change.

Prospectivity

Laws should generally apply to future actions, not past ones. Retroactive application of laws can be unfair and undermine legal certainty.

Promulgation

Laws should be publicly declared and accessible to those they govern, ensuring that people are aware of the rules they are expected to follow.

Clarity

Laws should be written in clear and understandable language, avoiding ambiguity and vagueness that could lead to inconsistent application or unfair enforcement.

Non-contradiction

Laws should not contradict each other. A legal system should strive for consistency and coherence to avoid confusion and conflicting obligations.

Congruence

The way laws are applied in practice should align with the written rules. There should be a __________ between the declared law and its actual enforcement.

Possibility

Laws should not require individuals to do the impossible. They should be realistic and achievable within the bounds of human capacity.

Constitution

The highest law in the Philippines. It gives rights like freedom to travel and protection as a consumer.

Statutory laws

Republic Acts or Laws made by Congress

Administrative regulations

Rules by government agencies e.g. Department of Tourism (DOT) gives rules on hotel star rating.

Judicial decisions or Court rulings

Courts interpret the law and their decisions become a guide.

Customary laws/Traditions

Some local customs are recognized in cultural tourism.

Example: Respecting indigenous people’s rules when tourists visit

their community.

International law and treaties

Agreements with other countries.

National territory

It is defined as a bounded geographical area governed by a nation-state, which provides various opportunities for capital and plays a crucial role in expressing cultural and ethnic autonomy.

Terrestrial

refers to the land mass, which may be integrate or dismembered, or partly bound by water or consists of one whole island. It includes all the resources attached to the land e.g. For the Philippines: Luzon, Visayas, and Mindanao, plus smaller islands like Palawan, Bohol, and Siargao.

Internal waters

the waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions e.g. The waters between Cebu and Bohol, or between the islands in Palawan.

Archipelagic waters

waters enclosed by the archipelagic baselines, regardless of their depth or distance from the coast.

Archipelagic state

state made up of one or two archipelagos

Territorial sea

belt of the sea located between the coast and internal waters of the coastal state on the one hand, and the high seas on the other, extending up to 12 nautical miles from the low watermark. Example: From the low-water mark of Batangas coast, extending 12 nautical miles into the sea.

Principle of Innocent Passage

guarantees that all vessels, whatever flag that they are flying can freely cross all territorial seas. For instance, a Japanese ship passing through Philippine waters can sail freely as long as it does not threaten security.

Contiguous zone

Extends up to 12 nautical miles from the territorial sea. Although not part of the territory, the coastal State may exercise jurisdiction to prevent infringement of customs, fiscal, immigration or sanitary laws.

Exclusive Economic Zone

Body of water extending up to 200 nautical miles, within which the state may exercise sovereign rights to explore, exploit, conserve and manage the natural resources.

Continental shelf

the seabed and subsoil of the submarine areas extending beyond the Philippine territories e.g. Benham Rise (Philippine Rise), an undersea plateau east of Luzon rich in natural gas and minerals.

High seas

res communes: not territory of any particular State. They are beyond the jurisdiction and sovereign rights of the State. e.g. The middle of the Pacific Ocean, outside any country’s EEZ, where international ships and aircraft may freely travel.

Aerial

rules governing the high seas also apply to outer space, which is considered as res communes.

Karman Line

lies an altitude of 100 km (62 ml) above the Earth's sea level and is commonly define the boundary between the Earth's atmosphere and outer space.

Bill of Rights

It is a formal statement of the basic rights and freedoms that every citizen is entitled to. Its purpose is to protect individuals from government abuse and ensure equality, justice, and liberty.

Citizenship

It is a legal status that signifies a person’s membership and allegiance to a specific nation-statem, granting them certain rights and responsibilities.

Natural-born citizen

Individuals who are citizens from birth without performing any act to acquire citizenship.

Dual citizenship

The Philippines recognizes __________ in some cases, such as for former Filipino citizens who have become naturalized citizens of another country.

National economy

It is the backbone of a country’s development. It involves the continuous cycle of producing goods, distributing them to the market, and consuming them.

Agriculture

Farming, fishing, and forestry, which provide food and raw materials.

Industry

Manufacturing, mining, and energy production that transform raw resources into usable products.

Services

Tourism, education, banking, healthcare, and other activities that provide intangible value.

Government& Trade

Policies, infrastructure, and international relations that guide economic activity and ensure stability.

National Patrimony

It is derived from the Latin patrimonium, meaning "inheritance from ancestors" It includes all resources and cultural heritage passed down from previous generations:

Natural resources

Forests, rivers, minerals, biodiversity

Cultural heritage

Languages, music, art, traditions, and festivals.

Historical assets

Landmarks, monuments, documents, and sites of historical significance.

Protection of Local Industries

Constitutions may empower the state to regulate or restrict foreign trade to protect domestic industries and employment.

Regulation of foreign investment

Some constitutions include provisions allowing the state to regulate or limit foreign ownership in key sectors.

Nationalization or State Ownership

Many constitutions allow the government to take over private enterprises in the national interest.

Economic Sovereignty

Clauses affirming the country’s control over its natural resources and economy.

Right to Work and Livelihood

Guaranteeing the right to employment or a minimum standard of living protects citizens economically.

Social Justice and Redistribution

Provisions mandating equitable distribution of wealth and resources, ensuring that economic development benefits all.

Trade and Commerce Regulation

The power of the central government to regulate interstate or international trade to maintain fair competition and protect consumers.

Police Power

This is the power to regulate both liberty and property to promote the general welfare. It allows the government to enact laws and ordinances that protect public health, safety, morals, and general welfare.

Power of Eminent Domain

This power allows the government to take private property for public use, provided that just compensation is given to the owner. This power is often used for infrastructure projects like roads, schools, or public buildings.

Power of Taxation

This power allows the government to collect revenue from Citizens and businesses to fund public services and projects. It is essential for financing the government's operations and providing essential services

Monopoly

It is characterized by a single company supplying a good or service, a lack of competition within the market, and no similar substitutes for the product being sold.

Pure Monopoly

A type of monopoly wherein there is a single seller in a market or sector and has high barriers to entry, such as significant startup costs. There are no substitutes for the product sold by the seller.

Monopolistic Competition

Multiple sellers in an industry sector with similar substitutes are defined as having ______________. Barriers to entry are low, and the competing companies differentiate themselves through pricing and marketing efforts.

Natural Monopoly

develops from reliance on unique raw materials, technology, or specialization. Companies with patents or extensive research and development costs, like pharmaceutical companies, are considered ________________.

Public monopoly

________ such as the utility industry, provide essential services and goods. Only one company commonly supplies energy or water to a region. The monopoly is allowed and heavily regulated by government municipalities. Rates and rate increases are controlled.

The First Amendment

It plays a significant role in discussions of monopolistic practices, particularly regarding free speech and commercial expression within the hospitality sector.

Commerce Clause

authorizes Congress to regulate interstate commerce, which affects hospitality businesses.