Introduction To Law

Introduction to Law on
Tourism and Hospitality

Lecture
Prof. Jofrank David Riego, JD
Copyright © 2023 by Atty. Jofrank David Riego. All rights reserved.

No part of this material may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or
mechanical methods, without prior written permission of the copyright owner.
About the Lecturer:
Government Data Private Law

College Professor Protection
Lawyer Practitioner
Officer
Learning Outcomes:
• Understand the concept of Law
in the Philippines
• Know the different
Constitutional Provisions
concerning the Tourism and
Hospitality Sector
The Concepts of Law
Introduction to Law on Tourism and Hospitality
The Law
Concept
The term law may be understood in two

concepts:
(1) General or abstract sense; and

(2) Specific or material sense.
The Law
Concept
General Sense
In the general or abstract sense, law has been

defined as “the science of moral rules, founded
on the rational nature of man, which govern
his free activity, for the realization of the
individual and social ends, of a nature both
demandable and reciprocal.”
The Law
Concept
General Sense
It is the mass of obligatory rules

established for the purpose of governing
the relations of persons in society
The Law
Concept
Specific or material sense
In a specific or material sense, law has been

defined as a “juridical proposition or an
aggregate of juridical propositions,
promulgated and published by the competent
organs of the State in accordance with the
Constitution.”
The Law
Concept
Specific or material sense
It is a norm of human conduct in social life,

established by a sovereign organization
and imposed for the compulsory observance
of all
The Law Defined
The Law
Definition
A rule of conduct or action prescribed or

formally recognized as binding or enforced
by a controlling authority
Source: Merriam-Webster
The Law
Definition
A rule of conduct, just, obligatory,

promulgated by the competent authority
for the common good of a people or nation,
which constitutes an obligatory rule of
conduct for all its members
Source: Sanchez Roman

The Law
Definition
A rule of conduct , just, obligatory,
promulgated by the competent authority for the common good of a people or nation, which constitutes an
obligatory rule of conduct for all its members

The Law
Definition
A rule of conduct, just , obligatory, promulgated by the competent authority for the common
good of a people or nation, which constitutes an obligatory rule of conduct for all its members

The Law
Definition
A rule of conduct, just, obligatory , promulgated by the
competent authority for the common good of a people or nation, which constitutes an obligatory rule of conduct
for all its members

The Law
Definition
promulgated
A rule of conduct, just, obligatory,
by the competent
authority for the common good of a people or nation, which
constitutes an obligatory rule of conduct for all its members

The Law
Definition
for the
A rule of conduct, just, obligatory, promulgated by the competent authority
common good of a
people or nation obligatory rule of conduct for all its members
, which constitutes an

The Law
Definition
A rule of conduct, just, obligatory, promulgated by the competent authority for the common good of a people or
which constitutes
nation,
an obligatory rule
of conduct for all its members

The Law
Definition
A rule of conduct, just, obligatory, promulgated by the competent authority for the common good of a people or
for all its

nation, which constitutes an obligatory rule of conduct
members

The Foundations of Law
The Law
Foundations
Law is a product of social life and is a

creation of human nature
The Law
Foundations
It was intended by man to serve man

The Law
Foundations
It regulates the relations of human beings

so that harmony can be maintained in the
social group, by placing restrictions on
individual liberty in order to make co-
existence possible
The Law
Foundations
Law, therefore, rests upon the concepts of

order, co-existence, and liberty
The Characteristics of Law
The Law
Characteristics
It is a rule of human conduct

The Law
Characteristics
It is promulgated by competent authority

The Law
Characteristics
It is obligatory
The Law
Characteristics
It is for general observance

The Law
Characteristics
(1) it is a rule of human conduct;

(2) promulgated by competent authority;
(3) obligatory; and
(4) general observance.
The Kinds of Law
The Law
Kinds
As to Purpose:
Substantive Law
Adjective or Procedural Law
Source: Legal Aspects in Tourism and Hospitality by Cabulay and Carpio-Aldeguer

The Law
Kinds
Substantive Law
A law that creates, defines, and regulates
rights, or which regulates the rights and
duties which give rise to a cause of action

The Law
Kinds
Adjective or Procedural Law

A law that provides the method of aiding
and protecting certain rights

The Law
Kinds
As to Scope:
General or Public Law

Special or Private Law

The Law
Kinds

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

The Law
Kinds

Criminal Law
International Law
Political Law

The Law
Kinds
General or Public Law | Criminal Law

A law dealing with crimes and their
punishment, as well as the procedure for
that purpose

The Law
Kinds
General or Public Law | International Law

A body of rules or principles of action
governing the relations between States

The Law
Kinds
General or Public Law | Political Law

A law regulating the relations sustained by
the inhabitants of a territory to the
sovereign

The Law
Kinds

A law which relates to particular persons
or things of class

The Law
Kinds

Civil Law
Maritime Law
Mercantile Law

The Law
Kinds
Special or Private Law | Civil Law

The mass of percepts which determines
and regulates those relations of assistance,
authority, and obedience among members
of a family and those which exist among
members of a society for the protection of
private interests

The Law
Kinds
Special or Private Law | Maritime Law

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

The Law
Kinds
Special or Private Law | Mercantile Law

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

The Laws in the Philippines
The Law
Philippines
Political Labor Civil Criminal Taxation Mercantile Remedial

Law Law Law Law Law Law Law
The Law
Philippines
Political Law
Branch of public law which deals with the organization
and operation of the governmental organs of the State
and define the relations of the state with the
inhabitants of its territory
Source: People vs. Perfecto, 43 Phil. 887, 897 [1922]

The Law
Philippines
Political Law
Political law embraces constitutional law, law of public
corporations, administrative law including the law on
public officers and elections
The Law
Philippines
Labor Law
Legislation specifying responsibilities and rights in
employment, particularly the responsibilities of the
employer and the rights of the employee
The Law
Philippines
Labor Law
Azucena defines social legislation as those laws that
provide particular kinds of protection or benefits to
society or segments thereof in furtherance of social
justice. In that sense, labor laws are necessarily social
legislation.
The Law
Philippines
Presidential Decree No. 442, as Amended

Labor Code of the Philippines
Labor Standards
Labor Relations
The Law
Philippines
Civil Law
Mass of precepts that determine and regulate the
relations of assistance, authority, and obedience among
members of a family, and those which exist among
members of a society for the protection of private
interests, family relations, and property rights.
Source: 1 Sanchez Roman, Estudios de Derecho Civil, p. 70 citing Arribas

The Law
Philippines
Republic Act No. 386

Civil Code of the Philippines
Human Relations
Persons and Family
Property
Obligations and Contracts
Special Contracts
The Law
Philippines
Criminal Law
A branch of municipal law which defines crimes, treats
of their nature and provides for their punishment
The Law
Philippines
Criminal Law
Act No. 3815: Revised Penal Code of the Philippines
Special Penal Laws
The Law
Philippines
Taxation Law
The body of laws concerning the collection of the share
of individual and organizational income by a
government under the authority of the law
The Law
Philippines
Tax
It is enforced contribution. Its payment is not
voluntary nature, and the imposition is not dependent
upon the will of the person taxed. It is generally
payable in cash.
The Law
Philippines
Taxation Law
National Internal Revenue Code of 1997 as Amended
by Republic Act No. 10963
The Law
Philippines
Commercial Law
Also known as mercantile law or trade law, is the body
of law that applies to the rights, relations, and conduct
of persons and business engaged in commerce,
merchandising, trade, and sales.
The Law
Philippines
Commercial Law
Revised Corporation Code
Intellectual Property Code of the Philippines
Insurance Code of the Philippines
Banking Laws
Transportation Laws
The Law
Philippines
Remedial Law
Law which provides the procedure or remedy for
enforcement of rights and obligations through the
courts of justice
The Law
Philippines
Remedial Law
Rules of Court
Issuances of the Supreme Court
The Sources of Laws in the Philippines
The Law
Philippine Sources
1. The Constitution
2. Statutes and Legislative
Enactments
3. Administrative or Executive Orders,
regulations, and rulings
4. Judicial Decisions
5. Treaties and Conventions
6. Customary Law
7. Other sources
The Tourism Law
The Tourism Law
Philippine
Tourism
The custom or practice of traveling for
pleasure, as well as the promotion by the
establishment of countries to attract
tourist

The Tourism Law
Philippine
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

The Tourism Law
Philippine
Tourism Law
It includes persons travelling from place to
place for pleasure (Tourist) and business
establishments or person engaged in the
occupation of providing various services for
tourists

The Tourism Law
Philippine
Tourism Law
It applies to various sectors such as
hospitality, travel trade, attractions,
meetings, incentives, conventions, events
(MICE), academe, labor, and the public
sector

The Philippine Laws and Tourism
The Philippine Law
Tourism
Political Labor Civil Criminal Taxation Mercantile Remedial

Law Law Law Law Law Law Law
The Philippine Law
Tourism and Political Law
The 1987 Philippine Constitution

Article I – National Territory
Article II – Declaration of Principles and State Policies
Article III – Bill of Rights
Article XII – National Economy and Patrimony
Article XIV – Education, Science and Technology, Arts,
Culture and Sports
The Philippine Law
Tourism and Labor Law
Presidential Decree No. 442, as Amended

Labor Code of the Philippines
Labor Standards
Labor Relations
The Philippine Law
Tourism and Civil Law

Civil Code of the Philippines
Obligations and Contracts
Partnership
Agency
Sales
Credit Transaction
The Philippine Law
Tourism and Criminal Law
Penal Laws
Act No. 3815: Revised Penal Code of the Philippines
The Philippine Law
Tourism and Taxation Law
Taxation Laws
National Internal Revenue Code of 1997 as Amended
by Republic Act No. 10963
The Philippine Law
Tourism and Commercial Law
Commercial Laws
Republic Act No. 9593: Tourism Act of 2009
Republic Act No. 11232: Revised Corporation Code of
the Philippines
Republic Act No. 10611: Food Safety Act of 2013
Transportation Law
The Philippine Law
Tourism and Remedial Law
Remedial Law
Rules of Court
Issuances of the Supreme Court
The Philippine Constitution
Tourism
The 1987 Philippine Constitution

18 Articles
Excessively longer than the 1935 and 1973
Written, Conventional and Rigid
vis-à-vis
Unwritten, Cumulative/Evolve, and
Flexible
Tourism
Preamble
We, the sovereign Filipino people, imploring the aid of
Almighty God, in order to build a just and humane
society and establish a Government that shall embody
our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to
ourselves and our posterity the blessings of
independence and democracy under the rule of law and
a regime of truth, justice, freedom, love, equality, and
peace, do ordain and promulgate this Constitution.
Tourism
Preamble
We, the sovereign Filipino people,
imploring the aid of Almighty God, in order to build a just and humane society and
establish a Government that shall embody our ideals and aspirations, promote the
common good, conserve and develop our patrimony, and secure to ourselves and our
posterity the blessings of independence and democracy under the rule of law and a
regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate
this Constitution.
Tourism
Preamble
We, the sovereign Filipino people, imploring the aid of
Almighty God, in order to build a just and humane society and
regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate
this Constitution.
Tourism
Preamble
in
We, the sovereign Filipino people, imploring the aid of Almighty God,
order to build a just and humane

society and establish a Government that
shall embody our ideals and aspirations, promote the common good, conserve and
develop our patrimony, and secure to ourselves and our posterity the blessings of
independence and democracy under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and promulgate this Constitution.
Tourism
Preamble
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and
a Government that shall

humane society and establish
embody our ideals and aspirations,

promote the common good, conserve and
develop our patrimony, and secure to
ourselves and our posterity the blessings of
independence and democracy under the rule of law and a
regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
Tourism
Preamble
We, the sovereign Filipino people, imploring the aid of Almighty God, in
order to build a just and humane society and establish a Government that
shall embody our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to ourselves and our
under the
posterity the blessings of independence and democracy
rule of law and a regime of truth,

justice, freedom, love, equality, and
peace, do ordain and promulgate this Constitution.
Tourism
Preamble
We, the sovereign Filipino people,
imploring the aid of Almighty God, in order to build a just and humane society and
do ordain
regime of truth, justice, freedom, love, equality, and peace,
and promulgate this Constitution.

Tourism
Article I Article II Article III Article XII Article XIV

Tourism
Article I: National Territory
The national territory 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.
Tourism
The national territory 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.
Tourism
Philippine archipelago, with all

The national territory comprises the
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.
Tourism
The national territory 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.
Tourism
The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all
consisting of its
other territories over which the Philippines has sovereignty or jurisdiction,
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.
Tourism
other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and
including its territorial sea, the seabed,

aerial domains,
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.
Tourism
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.
Tourism
aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.
regardless of
The waters around, between, and connecting the islands of the archipelago,
their breadth and dimensions, form part of the

internal waters of the Philippines .
Tourism
Tourism
Article II: Declaration of Principles and State Policies
SECTION 2
The Philippines renounces war as an instrument of national policy,
adopts the generally accepted principles of international law as part of
the law of the land and adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations.
Tourism
SECTION 7
The State shall pursue an independent foreign policy. In its relations
with other states the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to
self-determination.
Tourism
SECTION 9
The State shall promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the
people from poverty through policies that provide adequate social
services, promote full employment, a rising standard of living, and an
improved quality of life for all.
Tourism
SECTION 10
The State shall promote social justice in all phases of national
development.
Tourism
SECTION 16
The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and
harmony of nature.
Tourism
SECTION 17
The State shall give priority to education, science and technology, arts,
culture, and sports to foster patriotism and nationalism, accelerate
social progress, and promote total human liberation and development.
Tourism
SECTION 22
The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.
Tourism
Article III: Bill of Rights
SECTION 1
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.
Tourism
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.
Tourism
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.
Tourism
SECTION 6
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.
Tourism
SECTION 8
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.
Tourism
SECTION 10
No law impairing the obligation of contracts shall be passed.
Tourism
Article XII: National Economy and Patrimony
SECTION 10
The Congress shall, upon recommendation of the economic and planning
agency, when the national interest dictates, 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. The Congress shall
enact measures that will encourage the formation and operation of
enterprises whose capital is wholly owned by Filipinos.
xxx
Tourism
SECTION 10
xxx
In the grant of rights, privileges, and concessions covering the national
economy and patrimony, the State shall give preference to qualified
Filipinos.
The State shall regulate and exercise authority over foreign investments
within its national jurisdiction and in accordance with its national goals
and priorities.
Tourism
SECTION 14
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.
The practice of all professions in the Philippines shall be limited to

Filipino citizens, save in cases prescribed by law.
Tourism
Article XIV: Education, Science and Technology, Arts,

Culture, and Sports
SECTION 14
The State shall foster the preservation, enrichment, and dynamic
evolution of a Filipino national culture based on the principle of unity
in diversity in a climate of free artistic and intellectual expression.
Tourism

Culture, and Sports
SECTION 15
Arts and letters shall enjoy the patronage of the State. The State shall
conserve, promote, and popularize the nation’s historical and cultural
heritage and resources, as well as artistic creations.
Tourism

Culture, and Sports
SECTION 16
All the country’s artistic and historic wealth constitutes the cultural
treasure of the nation and shall be under the protection of the State
which may regulate its disposition.
Tourism

Culture, and Sports
SECTION 17
The State shall recognize, respect, and protect the rights of indigenous
cultural communities to preserve and develop their cultures, traditions,
and institutions. It shall consider these rights in the formulation of
national plans and policies.
Tourism

Culture, and Sports
SECTION 18
(1) The State shall ensure equal access to cultural opportunities through
the educational system, public or private cultural entities, scholarships,
grants and other incentives, and community cultural centers, and other
public venues.
(2) The State shall encourage and support researches and studies on the
arts and culture.
Thank you!
Introduction to Law on Tourism and
Hospitality
Copyright © 2023 by Atty. Jofrank David Riego. All rights reserved.

No part of this material may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or
mechanical methods, without prior written permission of the copyright owner.

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Introduction to Law on

Tourism and Hospitality

Copyright © 2023 by Atty. Jofrank David Riego. All rights reserved.

Government Data Private Law

The term law may be understood in two

(1) General or abstract sense; and

In the general or abstract sense, law has been

It is the mass of obligatory rules

Specific or material sense

In a specific or material sense, law has been

Specific or material sense

It is a norm of human conduct in social life,

A rule of conduct or action prescribed or

A rule of conduct, just, obligatory,

Source: Sanchez Roman

A rule of conduct , just, obligatory,

Source: Sanchez Roman

Source: Sanchez Roman

A rule of conduct, just, obligatory , promulgated by the

Source: Sanchez Roman

constitutes an obligatory rule of conduct for all its members

Source: Sanchez Roman

Source: Sanchez Roman

Source: Sanchez Roman

for all its

Source: Sanchez Roman

Law is a product of social life and is a

It was intended by man to serve man

It regulates the relations of human beings

Law, therefore, rests upon the concepts of

It is a rule of human conduct

It is promulgated by competent authority

It is for general observance

(1) it is a rule of human conduct;

Source: Legal Aspects in Tourism and Hospitality by Cabulay and Carpio-Aldeguer

Source: Legal Aspects in Tourism and Hospitality by Cabulay and Carpio-Aldeguer

Adjective or Procedural Law

Source: Legal Aspects in Tourism and Hospitality by Cabulay and Carpio-Aldeguer

General or Public Law

Source: Legal Aspects in Tourism and Hospitality by Cabulay and Carpio-Aldeguer

General or Public Law

Source: Legal Aspects in Tourism and Hospitality by Cabulay and Carpio-Aldeguer

General or Public Law

Source: Legal Aspects in Tourism and Hospitality by Cabulay and Carpio-Aldeguer

General or Public Law | Criminal Law

Source: Legal Aspects in Tourism and Hospitality by Cabulay and Carpio-Aldeguer

General or Public Law | International Law

Source: Legal Aspects in Tourism and Hospitality by Cabulay and Carpio-Aldeguer

General or Public Law | Political Law

Source: Legal Aspects in Tourism and Hospitality by Cabulay and Carpio-Aldeguer

Special or Private Law

Source: Legal Aspects in Tourism and Hospitality by Cabulay and Carpio-Aldeguer

Special or Private Law

Source: Legal Aspects in Tourism and Hospitality by Cabulay and Carpio-Aldeguer

Special or Private Law | Civil Law

Source: Legal Aspects in Tourism and Hospitality by Cabulay and Carpio-Aldeguer

Special or Private Law | Maritime Law

Source: Legal Aspects in Tourism and Hospitality by Cabulay and Carpio-Aldeguer