LEGAL ASPECT Flashcards
serves as an introduction that gives the reader an idea of what to expect.
PREAMBLE
PREAMBLE comes from the Latin word ‘preambles,’ meaning ‘____________
WALKING BEFORE
“Ignorance of the Law is not an excuse”.
a person cannot escape liabilities or punishment simply because he claims to be ignorant
Ignorantia Legis Non-Excusat
body of rules of action or conduct prescribed by controlling authority and having binding legal force
LAW
rule of action or any systems of uniformity
LAW
system of rules that govern a society
LAW
Principles and regulations established in a community by some authority
LAW
3 KINDS OF LAWS
- SUBSTANCIAL LAW
- ADJECTIVE LAW
- SPECIAL OR PRIVATE LAW
- a law that creates, defines, and regulates rights
SUBSTANTIAL LAW
also known as procedural law a law that provides the method
ADJECTIVE LAW
relates to particular people or things of class.
SPECIAL OR PRIVATE LAW
a law which applies to all of the people of the state
GENERAL OR PUBLIC LAW
law dealing with crimes and their punishment,
CRIMINAL LAW
Body of rules or principles of action governing the relations between states
INTERNATIONAL LAW
law regulating the relations staying with the inhabitants of a territory
POLITICAL LAW
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.
CIVIL LAW
law dealing with commerce by sea
MARITIME LAW
law of commercial transactions
MERCANTILE LAW
Acording to _________________the purpose of travel legislation is to provide a regulatory framework for the proper development and management of tourism activities.
United Nations’ World Tourism Organization (UNWTO)
legal and social practice related to the treatment of a person’s guests or those who patronize a place of business. Related to the concept of legal liability, hospitality laws
HOSPITALITY LAW
4 REASONS WHY THERE IS A NEED TO STUDY TOURISM AND HOSPITALITY LAWS
- Keeping customer safe
2.Protecting your reputation - Honoring agreements and fair marketing
4.Proper record keeping
plays a major role in the hospitality industry
FOOD SAFETY AND SANITATION
to ensure the quality and safety of commercial and residential building structures.
Fire Code of the Philippines of 2008 (other known as RA 9514)
SOURCES OF LAW RELEVANT TO THE TOURISM INDUSTRY
- PHILIPPINE CONSTITUTION
2, STATUTES AND LEGAL ENACTMENTS - ADMINISTRATIVE AND EXECUTIVE ORDERS —
REGULATION AND RULING - JUDICIAL DECISION OR JURISPRUDENCE
- CUSTOM
- OTHER SOURCES
fundamental law of the land
PHILIPPINE CONSTITUTIONS
written will legislative department rendered Authentic by certain prescribed forms and solemnities
STATUTES AND LEGAL ENACTMENTS
issued by administrative officials under legislative authority
Administrative or Executive Orders, Regulations and Rulings
decisions of the Supreme Court
Judicial Decisions or Jurisprudence
rule of conduct which in a given place among given groups of people
Custom
These refer to decisions of foreign tribunals and opinions of textbook writers
OTHER SOURCES
some of the Constitutional provisions related to tourism which may be given preferential attention
Bill of Rights (Article III) and National Economy and Patrimony
(Article XII) -12
Freedom of movement
THE RIGHT TO TRAVEL
an enterprise which distributes or provides services
BUSINESS ORGANIZATION
owner maintains sole and complete control over the business
SOLE PROPRIETORSHIP
person who contributes capital and manages the business
SOLE PROPRIETOR
two or more business owners
PARTNERSHIP
right to select persons with whom he wants to be associated with in partnership.
Principle of Delectus Personae
are the simplest form of partnership. They are the easiest to form and the cheapest to maintain
GENERAL PARTNERSHIP GP
all partners are protected from the actions of other partners. Essentially, all partners have limited liability.
Limited Liability Partnership (LLP)
- form of partnership that provides more protection for partners.
-there is at least one general partner that manages operations and takes on unlimited liability. The remaining partners are limited partners,
LIMITED PARTNERSHIP
a partner who merely contributed industry or services to the common fund)
INDUSTRIAL PARTNER
partner who contributed money and property to the common fund
CAPITALIST PARTNER
a legal entity in the same sense that a person has designated rights, responsibilities and privileges
CORPORATION
the law which governs the creation of private corporations
BATAS PAMBANSA BLG. 68
ALSO KNOWN AS CORPORATE CODE OF THE PHILIPPINES
one which has a capital stock divided into shares
STOCK CORPORATION
one where no part of its income
NON STOCK CORPORATION
a corporation organized in accordance with the requirements of law
CORPORATION DE JURE
- a corporation where there exists a flaw in its incorporation
DE FACTO CORPORATION
one formed or organized for the government of a portion of the State
PUBLIC CORPORATION
one formed for some private purpose,
PRIVATE CORPORATION
one organized for the purpose of administering and managing, as trustee, the affairs, property and temperatures of any religious denomination, sect or church. In this corporation, there is only one incorporator.
CORPORATION SOLE
one organized for a charitable purpose
ELEEMOSYNARY CORPORATION
allow Filipino citizens and corporations to do business in their own country or state
FOREIGN CORPORATION
This is where you register if your enterprise is a single proprietorship.
Department of Trade and Industry (DTI)
If your enterprise is a partnership or a corporation, this is where you will register.
Securities and Exchange Commission (SEC)
If your set-up is a cooperative, register with this body
Cooperative Development Authority (CDA)
register with the municipality or city
where you will set up your business
Local Government Unit (LGU)
register with the specific barangay in the municipality or city where you will operate your business
BARANGAY HALL