Chapter 5: INTRODUCTION TO TOURISM AND HOSPITALITY LAW

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Created by
April Kurta

Cards (21)

  • law - It is a system of rules that govern a society intending to maintain social order, uphold justice, and preventing harm to individuals and property
  • Law - is defined as a rule of conduct, just and obligatory, and promulgated by legitimate authority
  • Function of law - If there is no law in the society, there will be chaos and disorder. A society without law can be likened to a forest full of very dangerous animals ready to kill us
  • Law - is vital in establishing order
    Law - secure justice, resolves social conflict, orders society, protects interests, control social relations
  • Tourism law - can be defined as a body of rules or principles of action which deals with regulation, authority, relations, and obedience among members of a society involved in tourist and travel accommodation
  • REASONS WHY THERE IS A NEED TO STUDY TOURISM AND HOSPITALITY LAWS:
    1. Keeping customer safe
    2. Protecting your reputation
    3. Honoring agreements and fair marketing
  • SOURCES OF LAW RELEVANT TO THE TOURISM INDUSTRY:
    1. The Philippine Constitution
    2. Supremacy of the Constitution
  • The Philippine Constitution - is the basic and highest law of the land to which all other laws must conform and which all persons must defer or comply. No act should be valid if it conflicts with the constitution.
  • Supremacy of the Constitution - If a law or contract violates any norm of the constitution, that law or contract that is even promulgated by the legislative or executive branch is considered null and invalid
  • Section 2, Article VI of the 1987 Philippine Constitution - provides "'No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election.”
  • RA 1234 which provides that - "No person shall become President unless he is a lawyer. Is the law (RA 1234) constitutional?
  • Article III Bill of Rights -governs the relationship between the individual and the state
  • Bill of rights - is not meant to be invoked against act of private individuals
  • The purpose of the -Bill of Rights- is to protect the people against the discrimatory use of political powers
  • Article 3, Section 1 - No person shall be deprived of his life, liberty, or property without the due process of the law, nor, shall any person denied the equal protection of laws.
  • There are two rights that is guaranteed by this provision
    1. The right to Due Process; and
    2. The right to Equal Protection of the Law Due process of the Law contemplated notice and opportunity to be heard before judgement that can affecting a person or a property
  • THREE AREAS PROTECTED BY SECTION 1
    1. life
    2. liberty
    3. property
    4. employment
  • Life - of human beings. As a rule, the government cannot take away the life of the person without due process
  • Liberty - does not mean to do everything he/she wants to do. “Liberty is freedom to do right and never wrong”
  • Property - may refer to immovable and movable objects
  • Employment - is considered as a property.