Introduction to Philippine Law, Tourism, and Government

Definition and Nature of Law

  • Definition by Collins (2018): Law is a system of rules developed by a society or government to manage crime, business agreements, and social relationships. The term can also refer collectively to the individuals who work within this system.

  • Definition by Webster (2019): Law is defined as a binding custom or practice of a community. It is a rule of conduct or action that is formally recognized as binding or is enforced by a controlling authority.

Classification and Types of Law

As to Purpose

  • Substantive Law: This type of law creates, defines, and regulates the rights and duties that lead to a cause of action.

    • Example: The Revised Penal Code, which details specific crimes and determines their corresponding punishments.

  • Adjective Law: This is a law providing the method or procedure for aiding and protecting specific rights.

    • Example: The Rules of Court, which govern the procedures observed in civil or criminal actions, as well as special proceedings.

As to Scope

  • General Law: A law that applies with equal force and obligation to all people of the state or to a specific class of persons within the state.

    • International Law: Provides rules and principles governing the relations between different States.

    • Criminal Law: Deals with homicide, illegal drugs, theft, and other antisocial behaviors. These are enforced by agents of the state against specific persons or corporations. In these cases, the victim serves as a witness for the prosecution but does not prosecute the case personally. The state maintains the right to determine if a criminal is prosecuted; a victim cannot independently offer to drop charges in exchange for restitution. This is because criminal law aims to protect society at large rather than compensate individual victims.

  • Special Law: A law that relates specifically to particular persons or things of a certain class.

    • Maritime Law: Provides for the regulation of commerce by sea, including the regulation of ships, harbors, and the legal status of seafarers.

    • Civil Law: Involves personal injuries, land deals, business disputes, libel, slander, and various commercial interests. Parties in civil cases can be individuals, corporations, or the state. Violating such laws makes it nearly impossible to defend subsequent civil actions. Civil law focuses on the peaceable resolution of disputes between individuals. While the rituals and delays of the civil court process may decrease economic efficiency, they serve as an essential safety valve to cool passions and prevent physical violence.

Characteristics of Law

  • Law serves as the basic rule of human conduct.

  • Law is just and obligatory.

  • Law is promulgated by a competent authority.

  • Law is intended for general observance.

Tourism Laws versus Hospitality Laws

  • Tourism Law: A combination of local, state, and international laws that control the different facets and functions of the travel industry. The UN World Tourism Organization asserts that these laws are necessary to provide a regulatory framework for the management and development of tourism, aiding in the conservation of natural resources and the preservation of cultural traditions.

  • Hospitality Laws: These deal specifically with the food service, travel, and lodging industries. It applies to nuances within restaurants, hotels, country clubs, bars, spas, and related industries. It encompasses an extensive collection of legal areas, including contracts, labor, and torts and damages.

Primary Sources of Law Relevant to the Tourism Industry

  • The Philippine Constitution: The fundamental law of the land; all other laws must conform to it.

  • Statutes or Legislative Enactments: The written will of the legislative department, rendered authentic through prescribed forms and solemnities. They prescribe rules of action or civil conduct for persons and things.

    • Examples: Civil Code of the Philippines, Labor Code of the Philippines, Revised Penal Code, Dangerous Act, Public Service Act, Seatbelt Law, and local government ordinances.

  • Administrative or Executive Orders, Regulations, and Rulings: Issued by administrative officials under legislative authority.

    • Examples: Rules and regulations for the accreditation of hotels, resorts, and tourist inns by the Secretary of Tourism; BIR circulars; Department of Foreign Affairs issuances; and the Omnibus Rules Implementing the Labor Code of the Philippines.

  • Judicial Decisions or Jurisprudence: The decisions made by the Supreme Court when interpreting the laws and the Constitution.

  • Custom: A rule of conduct followed in a specific place among a group of people for an appreciable amount of time.

Concepts of State and Government

  • State: A community of persons, more or less numerous, permanently occupying a definite territory, under an organized government that they habitually obey, and enjoying freedom from foreign control.

    • Elements of the State:

      1. People

      2. Territory

      3. Government

      4. Sovereignty

  • Government: The agency or instrumentality through which the will of the people is formulated, expressed, and realized. It is the body of people and institutions responsible for making and enforcing laws for society.

Basic Duties of the Government

  • Insure domestic peace and order.

  • Establish the defense of the state and preserve independence.

  • Promote the physical, social, and economic well-being of the people.

  • Promote general welfare, public safety, and public morality.

  • Secure economic development.

The Inherent Powers of the State

  • Eminent Domain: The power of the state to take private property for public use or purpose provided there is just compensation.

  • Police Power: The power of the state to enact laws regarding persons and property to promote public health, safety, morals, and general welfare, provided these laws do not contradict the Constitution.

  • Power of Taxation: The power of the state to impose burdens or charges upon persons and property to raise revenue for public purposes.

Organization of the Philippine Government

  • Executive Branch: Composed of the President, Vice-President, and the Cabinet Secretaries.

  • Legislative Branch: A bicameral Congress composed of two houses: the Senate and the House of Representatives.

  • Judiciary Branch: Composed of the Supreme Court, Court of Appeals, Sandiganbayan, Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts, and Sharia Courts.

Classification of Philippine Statutes

Statutes are laws passed by a legislature (also known as acts). Federal statutes are laws passed by a Congress, typically requiring Presidential approval. In the Philippines, statutes are classified as follows:

  • Republic Acts: Laws created after the enactment of the 1987 Constitution. They are numbered according to the chronological sequence in which they were signed by the President.

  • Batas Pambansa (B.P.): Enactments by the Batasang Pambansa, the unicameral parliament that served as the legislative body prior to the 1987 Constitution.

    • Example: Batas Pambansa Blg. 22, also known as the Bouncing Checks Law.

  • Presidential Decrees (P.D.): Laws issued by President Marcos during the Martial Law period, during which both the President and the Parliament issued laws simultaneously.

    • Example: Presidential Decree No. 442, known as the Labor Code of the Philippines.

  • Commonwealth Acts: Laws enacted during the Commonwealth of the Philippines between 1935 and 1945.

  • Acts: Laws enacted between 1900 and 1935.

    • Example: Act No. 3815, known as the Revised Penal Code.