Introduction
to
Tourism
Laws
Chapter 1
In
Legal Aspect of Tourism and Hospitality
01.
INTRODUCTION TO
TOURISM LAWS
The students should be able to
understand the concept of tourism
laws.
02.
DEFINITION AND
CHARACTERISTICS OF LAW
The students should be able to
define law and identify its
characteristics.
03.
THREE BRANCHES OF THE
GOVERNMENT IN THE
PHILIPPINES AND THEIR
POWERS
The students should define the three
branches of government and their
different powers to execute.
LEARNING
OBJECTIVE
INTRODUCTIO
N
In the course of the operation of
hospitality management industry or
in the performance of duty, one may
encounter legal issues that may
result into future controversies,
waste of time, income, and
opportunities. It is in this regard that
hospitality management students at
this early stage must know some of
the basics in law, its concepts and
application which are relevant to
their course.
In this chapter, this book
does not only deal with RA 9593
Tourism Act of 2009 but several
laws, such as the Philippine
Constitution, pertinent provisions of
the Civil Code of the Philippines,
Corporation Code, Labor Code, and
other rules and regulations of
administrative agencies concerning
tourism establishments.
WHAT IS
LAW?
LAW
According to Felipe Sanchez
Roman, law is defined as a rule of
conduct, just
and
obligatory,
promulgated by legitimate authority,
and of common observance and
benefits.
WHAT ARE
THE
CHARACTERI
STICS OF
LAW?
IT IS A
RULE
OF
CONDU
If there is no law in the
society, there will be chaos
or disorder. A society
without law can be likened
to a forest full of very
dangerous animals ready to
kill people. Because there is
a law, order is established in
such place. One may say
then that people conduct
themselves accordingly.
IT IS
JUST
AND
OBLIGAT
Laws must be applied to people
similarly situated. The penalty imposed
by law must be commensurate to the
wrongful act committed by a person.
Thus, it would be unjust if the penalty
for violating the “no J-walking”
ordinance is life imprisonment.
J-walking or Jaywalking is an
action of walking across a street at a
place where it is not allowed or without
taking care to avoid the traffic. It is
illegal in some countries. (Source:
Cambridge Dictionary). The law is
obligatory because of the penalty or legal
consequence it provides.
IT IS
PROMULG
ATED BY
LEGITIMAT
E
AUTHORIT
It is necessary that the
person who creates the law
must have the authority to
do so under the constitution
otherwise that law shall not
be valid. It is therefore
necessary to discuss the
different branches of the
government to put the
subject matter in its proper
perspective.
WHAT ARE THE THREE
BRANCHES OF THE
GOVERNMENT AND
THEIR POWER IN THE
Three Branches of the Government in the Philippines:
a. Executive Branch
b. Legislative Branch
c. Judicial Branch (Judiciary)
Each of these branches has its own functions and powers, and so the
function of one cannot be exercised or performed by the other branch;
otherwise, there will be encroachment or invasion of power, and
oppression may exist.
EXECUTIVE POWER
• The Executive Power, also known as the Power of the
Executive Branch, is the authority to execute, enforce, or
implement the law.
• This authority is held by the President of the Philippines.
• The Executive Branch includes the Department of
Tourism, the Department of Transportation and
Communications, the Department of Foreign Affairs, the
Philippines National Police, the Department of Interior and
Local Government, and other departments.
LEGISLATIVE POWER
• The Legislative Power, also known as Power of the
Legislative Branch, is the authority to make, revise, repeal,
or change legislation.
• Except to the degree reserved to the people under the
clause on initiative and referendum, this power is vested in
the Philippine Congress, which consists of the Senate and
House of Representatives.
• The law passed by Congress is known as Statute.
• A Bill, on the other hand, is not a law, but rather a proposal
or draft.
JUDICIAL POWER
• The Judicial Power, also known as Power of the Judicial
Branch, is not only a power but also the duty of the courts
of justice to settle actual controversies involving rights
which are legally demandable and to determine whether or
not there has been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of the government
or any agency or instrumentality thereof.
• To this branch belongs the power to interpret the law.
EXAMPLE OF DIFFERENT
COURTS UNDER THE
• Municipal Trial
Court,
JUDICIAL
BRANCH
• Regional Trial Court,
• Court of Appeals,
• Sandigan bayan,
• Court of Tax Appeals, and
• other courts
SUPREME
The Supreme Court is the highest court of the land
headed by the ChiefCOURT
Justice who is also the head of the
entire judiciary.
IT IS FOR
COMMON
OBSERVA
NCE AND
BENEFITS.
Laws are promulgated for the welfare
of the people. This is based on the Latin
maxim “Salus Populi est Suprema Lex”
(The welfare of the people is the Supreme
Law). No law therefore shall be passed to
put the people at risk.
“Salus populi suprema lex is a Latin
legal maxim that means welfare of the
people shall be the supreme law. The maxim
tends to imply the information that law
exists to serve common good. In the U.S.,
public health is considered as a common
good and therefore, laws are framed keeping
public health a central issue.” – Source:
USLegal, Inc.
THANK
YOU!
Do you have any questions?
CREDITS: This presentation template was created by Slidesgo, including icons by
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SUBMITTED BY:
BSHM 2-1
• Bernabe, Vincent Kyle C.
• Climacosa, Lyka Coline M.
• Dela Cruz, Rica Mae M.
• Delos Santos, Alyssa J.
• Eugenio, Charlie Lorenz M.
• Rabi, Mesil Ann F.
• Torres, Julia Francesca E.
CREDITS: This presentation template was created by Slidesgo, including icons by
Flaticon, and infographics & images by Freepik