Legal Aspects in Tourism and Hospitality Management Midterm Review

Vocabulary flashcards covering fundamental legal concepts, constitutional provisions, obligations, contracts, and sales law based on the Midterm Examination material.

Law

A system of rules recognized and enforced by authority.

Tourism and Hospitality Law

Laws that primarily regulate tourism, travel, and hospitality activities.

Constitution

The fundamental and supreme law of the state.

Article I (1987 Philippine Constitution)

The constitutional provision that defines and concerns Philippine territory.

Principle of Territoriality

The legal principle stating that laws apply within the territory of the state.

Article 14 of the Civil Code

The Civil Code provision associated with the principles of territoriality and generality.

Article 2 of the Revised Penal Code

The Penal Code provision relevant to the application of penal laws under the principle of territoriality.

Article III (1987 Philippine Constitution)

The article of the Philippine Constitution containing the Bill of Rights.

Due Process

A constitutional requirement guaranteeing that a person be given fair treatment under the law regarding life, liberty, and property.

Equal Protection Clause

The constitutional mandate requiring that persons similarly situated be treated alike under the law.

Search Warrant

An order issued by a court authorizing a lawful search of a specified place or property.

Warrant of Arrest

An order issued primarily to authorize the lawful arrest of a person.

Warrantless Search

A search conducted without a warrant, permitted legally only under recognized exceptions.

Article III, Section 3

The constitutional provision guaranteeing the privacy of communication and correspondence.

Doctrine of the Fruit of the Poisonous Tree

The legal rule stating that evidence obtained from an unlawful source or search is inadmissible in legal proceedings.

R.A. 4200

The Anti-Wiretapping Law, which addresses the unauthorized recording or interception of private communications.

R.A. 9995

The Anti-Photo and Video Voyeurism Act of 2009, prohibiting unauthorized photo or video voyeurism.

Liberty of Abode

The constitutional freedom of a person to choose and change where to reside, subject to legal limitations (Article III, Section 6).

Right to Form Unions

The right protected under Article III, Section 8, allowing individuals in the private sector to form associations or unions.

Involuntary Servitude

Forced service against a person's will, prohibited under Article III, Section 18(2).

Obligation (Article 1156)

A juridical necessity to give, to do, or not to do under the New Civil Code.

Active Subject (Creditor)

The party in an obligation who has the legal right to demand its fulfillment.

Passive Subject (Debtor)

The party in an obligation who is bound to perform or fulfill the required prestation.

Prestation (Object of Obligation)

The conduct or subject matter of an obligation, referring to what must be given, done, or not done.

Sources of Obligations (Article 1157)

The recognized origins of obligations: law, contracts, quasi-contracts, crimes/acts punished by law, and quasi-delicts.

Article 1170 of the New Civil Code

The legal provision establishing liability for damages in cases of fraud, negligence, delay, or contravention of the tenor of an obligation.

Diligence

The care required to be exercised in performing an obligation.

Ordinary Diligence

The standard degree of care expected in an obligation, defined as the care of a good father of a family.

Mora

The legal term referring to delay or default in the fulfillment of an obligation.

"No Demand, No Delay" Rule

The general principle under Article 1169 stating that default or delay begins only after the creditor makes a judicial or extrajudicial demand, subject to exceptions.

Actual or Compensatory Damages

Damages intended to compensate an injured party for proven pecuniary loss.

Moral Damages

Damages awarded to compensate for mental anguish, serious anxiety, wounded feelings, and similar legally recognized harm.

Exemplary Damages

Damages imposed by way of example or correction for the public good.

Fortuitous Event (Article 1174)

An event beyond human control under legal standards, for which a debtor is generally exempt from liability.

Contract (Article 1305)

A meeting of minds between two persons whereby one binds oneself with respect to the other to give something or to render some service.

Essential Requisites of a Contract (Article 1318)

The three necessary elements for a contract to exist: consent of the contracting parties, object certain, and cause of the obligation.

Consent

The concurrence of the offer and the acceptance upon the object and the cause of a contract.

Object of a Contract

The subject matter of the agreement being created.

Cause

The essential reason, purpose, or consideration for which an obligation is assumed in a contract.

Stages of a Contract

The three phases in the life of a contract: preparation (negotiation), perfection (meeting of minds), and consummation (fulfillment).

Defective Contract

A contract that suffers from a legal defect affecting its validity, enforceability, or binding effect.

Contract of Sale (Article 1458)

A contract where one party obligates himself to transfer ownership of and deliver a determinate thing, and the other to pay a price certain in money or its equivalent.

Seller

The party in a contract of sale who transfers ownership and delivers the determinate thing.

Buyer

The party in a contract of sale who agrees to pay the price certain in money or its equivalent.

Absolute Sale

A sale in which title to property transfers automatically without a suspensive condition restricting the transfer.

Conditional Sale

A sale in which the transfer of ownership or full legal effect depends upon the fulfillment of a condition.

Warranty Against Hidden Defects

A legal protection safeguarding the buyer against non-apparent defects that render the thing sold unfit for its intended use or diminish its fitness.

Recto Law (Article 1484)

The civil code provision regulating the alternative remedies of a vendor in installment sales of personal property.