LAW

• Law

  As a rule of conduct, just and obligatory, promulgated by legitimate authority, and of common observance and benefits
• Characteristics of Law


  • Rule of human conduct
  • Just and obligatory
  • Promulgated by competent authority
  • It must be observed by all
• Functions of Law


  • Keep the peace
  • Maintain the status quo
  • Preserve individual rights
  • Protect minorities against majorities
  • Promote social justice
  • Provide for orderly social change
• Ignorantia legis neminem excusat: 'Ignorance of the law excuses no one'
• Branches of the Government in Philippines

  • Executive branch
  • Legislative Branch
  • Judicial Branch
• Kinds of Law (According to Purpose)


  • Substantive law
  • Adjective law
• Kinds of Law (According to Scope)


  • General or Public Law
  • International Law
  • Criminal Law
  • Political Law
  • Special or Private Law
  • Civil Law
  • Maritime Law
  • Mercantile Law
• Tourism Law


  A body of rules or principles of action which deals with the regulation, authority, relations and obedience among members of a society involved in tourist travel and accommodation
• Tourism Law includes persons traveling from place to place for pleasure and business establishments or persons engaged in the occupation of providing various services for tourists
• Tourism Law is a combination of state, local, and international laws that control the different facets and functions of the travel
• Hospitality Law


  Deals with food service, travel, and lodging industries. It is applicable to the different nuances of restaurant, hotel, country club, bar, Spa, and related industries
• Constitution


  The basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it
• The national territory of the Philippines comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines
• Inherent Powers of the Government


  • Police Power
  • Power of Eminent Domain
  • Power of Taxation
• Aspects of Due Process of Law


  • Procedural Due Process
  • Substantive Due Process
• Search Warrant


  An order in writing, issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for certain personal property and bring it before the court
• Article III Section 1 of the Philippine Constitution states that 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
• Article III Section 2 of the Philippine Constitution states that the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized
• Substantive law - refers the body of rules that determine the rights and obligations of individuals and collective bodies.
• Adjective law - refers to that portion of the law that deals with the rules of procedure governing evidence, pleading. and practice.
• General or Public Law - is the law applies to all of the state or to particular class of persons in the state, with equal force and obligation.
• International Law - body of rules or principles of action governing the relations between States. shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.
• Criminal Law - a law dealing with crimes and their punishment as well as the procedure for the purpose.
• Special or Private Law - a law which relates to particular persons or things of a class.
• Civil Law - a body of law that governs private or civil rights, providing redress for wrongs by compensating the person or entity that has been wronged rather than punishing the wrongdoer.
• Maritime Law - a law dealing with commerce by sea, involving regulation of ships and harbors and the status of

  seamen.
• Mercantile Law - the law of commercial transactions derived from the law of merchant which includes, Commercial paper, Insurance and other types of agency.
• POLICE POWER - the power of the government to regulate laws and properties for public purpose.
• POWER OF EMINENT DOMAIN - the power of the government to forcibly acquire private property for public purpose and after payment or just compensation
• POWER OF TAXATION - the power of taxation is the power of the government to acquire revenues.
• PROCEDURAL DUE PROCESS - it refers to the method by which the law is enforced.
• SUBSTANTIVE DUE PROCESS - it requires the fairness. justness, and reasonableness of the law itself
• Warrant of arrest - is issued upon the probable cause to be determined personally by the judge after examination under oath affirmation of the complainant and the witnesses he may produce and particularly describing the person to be arrested.

   
• Political Law - law regulating the relations sustained by the inhabitants of a territory to the sovereign.
• BILL OF RIGHTS Section 3 (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.
• Right of Privacy - Right of a person to be free from unwarranted publicity, and as the right to live without unwanted interference by the public in matters with which the public is not necessarily concerned.
• BILL OF RIGHTS Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances
• SCOPE OF FREEDOM OR EXPRESSION

  1. Free speech and free press
  2. The rights of assembly and petition
  3. The right to form association or societies not contrary to law
  4. The right to religious freedom
• RIGHT OF ASSEMBLY - Right on the part of the citizens to meet peaceably for

  consultation in respect to public affair

   
• RIGHT OF PETITION - Right of any person or group of persons to apply, without fear of penalty, to the appropriate branch of office of the government for redress of grievances