Handout 1

Question 1

defined as a rule of conduct, just and obligatory, promulgated by legitimate authority, and of common observance and benefit

Answer 1

Law

Question 2

Because there is a law, order is established as people conduct themselves accordingly.

Answer 2

It is a rule of conduct.

Question 3

The penalty imposed by law must be commensurate to the wrongful act committed by a person. The law is obligatory because of the penalty or legal consequence it provides.

Answer 3

It is just and obligatory.

Question 4

The person who creates the law must have the power or authority to do so. The Constitution of the Philippines vests this power to the Congress of the Philippines.
The law passed by Congress is called Statute. Bill is not a law but a proposal or a draft

Answer 4

It is promulgated by legitimate authority.

Question 5

Laws are promulgated for the welfare of the people. No law shall be passed to endanger people.

Answer 5

It is for common observance and benefits.

Question 6

The different kinds of law are classified according to their

Answer 6

purpose and scope

Question 7

It is a law that creates, defines, and regulates rights, or which regulates the rights and duties which give rise to a cause of action.

Answer 7

Substantive Law.

Question 8

It is a law that provides the methods of aiding and protecting certain rights.

Answer 8

Adjective Law.

Question 9

It is a law that applies to all of the people of the state or all of a particular class of persons in the state, with equal force and obligation.

Answer 9

General or Public Law.

Question 10

(a law dealing with crimes and their punishment, as well as the procedure for that purpose),

Answer 10

Criminal Law

Question 11

(a body of rules or principles of action governing the relations between states),

Answer 11

International Law

Question 12

(a law defining the relations of the state with the inhabitants of its territory).

Answer 12

Political Law

Question 13

It is a law relating to particular persons or things of a class.

Answer 13

Special or Private Law.

Question 14

(refers to the mass of precepts that determines and regulates those relations of assistance, authority, and obedience existing among members of a family and those which exist among members of a society for the protection of private interests),

Answer 14

Civil Law

Question 15

(the law dealing with commerce by sea, involving regulation of ships and harbors, and the status of seamen),

Answer 15

Maritime Law

Question 16

(the law of commercial transactions derived from the law of merchant, which includes commercial paper insurance, and other types of agency).

Answer 16

Mercantile Law

Question 17

defined by the World Tourism Organization (WTO) as “a social, cultural and economic phenomenon which entails the movement of people to countries or places outside their usual environment for personal or business/professional purpose.”

Answer 17

Tourism

Question 18

which is made up of two (2) distinct services, namely, accommodation and food and beverage, is one of tourism’s sectors.

Answer 18

hospitality industry

Question 19

may be defined as a body of rules or principles of action that deals with the regulation, authority, relations, and obedience among members of a society involved in tourist travel and accommodation.

Answer 19

Tourism law

Question 20

It is the fundamental law of the land, to which all other laws must conform.

Answer 20

The 1987 Philippine Constitution.

Question 21

It is the written will of the legislative department rendered authentic by certain prescribed forms and solemnities, prescribing rules of action, or civil conduct concerning persons, things, or both.

Answer 21

Statutes or Legislative Enactments.

Question 22

These are issued by administrative officials under legislative authority. Examples include the Rules and Regulations promulgated by the Secretary of Tourism to Govern the Accreditation of Hotels, Tourist Inns, Motels, Apartels, Resorts, Pension Houses, and Other Accommodation Establishment;

Answer 22

Administrative or Executive Orders, Regulations, and Rulings.

Question 23

These refer to the decisions of the Supreme Court in interpreting the
laws or the Constitution

Answer 23

Judicial Decisions or Jurisprudence.

Question 24

It is a rule of conduct which, in a given place and among given groups of people, has been followed for an appreciable time.

Answer 24

Custom.

Question 25

These refer to decisions of foreign tribunals and the opinions of distinguished textbook writers.

Answer 25

Other sources.

Question 26

is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer.

Answer 26

Constitution

Question 27

mentioned only once in the 1987 Philippine Constitution. It is under Article X, Section 20, which states that “Within the territorial jurisdiction and subject to the provisions of this constitution and national laws, the organic power of autonomous regions shall provide for legislative powers over (6) economic, social, and tourism development.”

Answer 27

“tourism”

Question 28

This is important since one of the considerations in establishing a hotel, travel agency, and related establishments is the location of the business or its territorial jurisdiction. This is to make known to the world the areas over which a country has title or ownership that can be asserted; thus, avoiding conflicts with other
nations.

Answer 28

ARTICLE I: NATIONAL TERRITORY

Question 29

The Philippines, as a state, is equipped with inherent powers that are supreme. Such powers affect all persons, properties, and rights in the country, and thus, including the tourism and hospitality industry.

Answer 29

Three Inherent Powers of the State

Question 30

It is the power to regulate laws and properties for a public purpose. As an example, the government can order the closure of a business establishment if it finds that such is harmful to the public.

Answer 30

Police Power

Question 31

It is the power to forcibly acquire private property for a public purpose and after payment of just compensation. Thus, the government can only order the demolition of a business establishment directly affected by its project after giving just compensation to the owners of the
mentioned business establishment

Answer 31

Power of Eminent Domain.

Question 32

It is the power of the government to raise revenues. Relevant to this is the power to destroy. To limit the establishment of business, which may be a front for prostitution, the government could regulate it by imposing higher taxes. This also applies to cigarettes and other alcoholic beverages on which the government has been imposing sin taxes.

Answer 32

Power of Taxation.

Question 33

This is a list of the most important rights of the citizens of a country, which is enshrined in Article Ill of the
1987 Philippine Constitution. Its purpose is to protect these rights against infringement from public officials and private citizens. The following sections focused on the provisions that apply to the tourism and hospitality industry.

Answer 33

ARTICLE III: BILL OF RIGHTS

Question 34

No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Answer 34

Section 1.

Question 35

signifies that “all persons subject to legislation should be treated alike, under like circumstances and conditions both in the privileges conferred and limitations imposed.”

Answer 35

equal protection of the law

Question 36

These are the two (2) things that must be remembered in the due process of law:

Answer 36

every person must be notified of the offense he allegedly committed, and he must be given an opportunity to be heard.

Question 37

It refers to the method by which the law is enforced. In this particular process, hearing is necessary before condemnation. The condemnation proceeds only upon inquiry of the needed facts, and judgment is to be given only after trial.

Answer 37

Procedural due process.

Question 38

It requires the fairness, justness, and reasonableness of the law itself. Arbitrary reasons and flimsy grounds are of no excuse

Answer 38

Substantive due process.

Question 39

(1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

Answer 39

Section 3.

Question 40

otherwise known as the Anti-Wiretapping Law, provides penalties for specific violations of the privacy of communication. Any evidence obtained in violation of the Act shall be considered
“fruit from the poisonous tree”; thus, they shall not be admitted as evidence in any administrative or criminal proceeding.

Answer 40

Republic Act No. 4200,

Question 41

No law shall be passed abridging the freedom of speech, of expression, or of the press, or the riaht of the people peaceably to assemble and petition the government for the redress of their
grievances.

Answer 41

Section 4.

Question 42

is defined as materials that, taken as a whole, appeals to the prurient interest and lacks serious literary, artistic, political, or scientific value.

Answer 42

Obscenity

Question 43

The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

Answer 43

Section 6.

Question 44

the freedom to choose and change one’s place of residence and dwelling place and freedom to travel within or outside the country.

Answer 44

constitutional provision

Question 45

The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.

Answer 45

Section 8

Question 46

No law impairing the obligations of contracts shall be passed.

Answer 46

Section 10

Question 47

The Congress shall, upon recommendation of the economic and planning agency, when the national interests, reserve to citizens of the Philippines or to corporations or associations at least sixty per centum of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investments.

Answer 47

Section 10.

Question 48

The term patrimony pertains to

Answer 48

heritage.

Question 49

simply means that preference shall be given to those citizens who can make a viable contribution to the common good because of credible competence and efficiency.

Answer 49

“qualified Filipinos”

Question 50

No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines, or to corporations or associations organized under the laws of the Philippines or at least 60 per centum of whose capital is owned by such citizens, nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years.

Answer 50

Section 11.

Question 51

The sustained development of a reservoir of national talents consisting of Filipino scientists, entrepreneurs, professionals, managers, high-level technical manpower, and skilled workers and craftsmen in all fields shall be promoted by the State. The State shall encourage appropriate technology and regulate its transfer for the national benefit.

Answer 51

Section 14