THC 8 - LEGAL ASPECTS IN TOURISM & HOSPITALITY (CHAPTERS 1 -2)

Legal Aspects in Tourism and Hospitality

1. Introduction of Law in Tourism and Hospitality

  • Objectives:

    • Define law and understand its characteristics.

    • Identify pertinent laws applicable to tourism and hospitality.

    • Understand the legal tourism framework in the Philippines.

2. Introduction to Law

  • The effectiveness of a business relies on the adherence to rules, policies, standards, systems, and laws.

  • Businesses cannot use the environment or natural resources without local and national regulations.

3. Definition of Law

  • Law is defined as a system of rules developed by society or government to address crime, business agreements, and social relationships (Collins, 2018).

4. Characteristics of Law

  • Rule of Human Conduct:

    • Norms that community members must adhere to, creating order.

    • Requires careful deliberation by law-making authorities.

    • Notable principle: "salus populi est suprema lex" (the welfare of the people is the supreme law).

  • Just and Obligatory:

    • Laws must be equitable and fair, requiring people to obey based on their compliance abilities (e.g., tax rate based on income).

  • Promulgated by Competent Authority:

    • Laws are valid only when enacted by recognized legislative authorities at both local and national levels.

  • Binding to All:

    • Laws must be observed by all individuals, including foreign nationals and government officials.

5. Three Branches of the Philippine Government

  • Executive:

    • Enforces laws; comprised of the President, Vice President, cabinet, and agencies.

  • Legislative:

    • Creates, alters, or repeals laws; composed of the Senate and House of Representatives; also manages the national budget.

  • Judicial:

    • Interprets laws and their constitutionality; includes the Supreme Court and lower courts.

6. Tourism Laws vs Hospitality Laws

  • Tourism Laws:

    • Combination of local, national, and international laws governing the travel industry; aims to provide regulatory frameworks for tourism management.

  • Hospitality Laws:

    • Pertains to laws governing food service, travel, and lodging industries; includes contracts, damages, and labor laws.

7. Classification of Laws

  • By Purpose:

    • Substantive Law: Defines and regulates rights and duties, prescribing crimes and punishments.

    • Procedural Law: Provides methods of enforcing rights and achieving legal ends.

  • By Scope:

    • Public Law: Governs relations between individuals and the government (e.g., political, criminal, international laws).

    • Private Law: Regulates interactions between private individuals and entities.

8. The Constitution

  • Defined as the fundamental principles guiding a nation’s laws and governance; considered the supreme law of the land.

9. Treaty Defined

  • A compact made between two or more independent nations for public welfare.

10. Customs and Traditions as Legal Bases

  • Recognized in the Philippine constitution, emphasizing the state’s respect for indigenous cultural communities' rights.

11. Important Constitutional Provisions for Tourism and Hospitality

  • Autonomous regions have legislative power over economic, social, and tourism development, as defined in Article X, Section 20.

12. National Territory

  • Defined by Article 1, Section 1 of the 1987 Constitution; includes all islands, waters, and territories under Philippine sovereignty.

13. The Inherent Powers of Government

  • Police Power: To enact laws for the health, safety, and welfare of the public.

  • Power of Eminent Domain: Involves the state’s right to take private property for public use.

  • Power of Taxation: The government’s ability to levy taxes.

14. Bill of Rights

  • A declaration of rights protecting citizens from any infringement by the government or individuals.

  • Key Sections:

    • Section 1: Due process and equal protection of the laws.

    • Section 2: Protection against unreasonable searches and seizures.

15. Understanding Contracts and Obligations

  • Definitions:

    • Creditor: Party owed money.

    • Debtor: Party owing money.

    • Aggrieved Party: Individual harmed by another’s actions.

16. Types of Obligations

  • Obligation to Give: Delivering movable or immovable property.

  • Obligation to Do: Performing a service.

  • Obligation Not to Do: Refraining from certain actions.

17. Sources of Obligation

  • From Law: Legal obligations (e.g., tax obligations).

  • From Contracts: Duties arising from agreements.

  • Quasi-Contracts: Legal obligations imposed to prevent unjust enrichment.

18. Elements and Characteristics of a Contract

  • Consent: Mutual agreement between parties.

  • Object: Subject matter of the contract.

    • Must be lawful and possible.

  • Cause: The purpose motivating the contract must be lawful and present.

19. Sample Contracts in Tourism Industry

  • Lease Contract: Terms of renting property.

  • Employment Contract: Agreement outlining employer and employee rights and obligations.

  • Contracts of Carriage: Agreements between shipping companies and passengers.

  • Commercial Contracts Between Hotels and Airlines –  agreement of hotels and airlines for services like accommodating airline layovers.