MODULE 1- INTRODUCTION TO HOSPITALITY AND TOURISM LAWS

MODULE OVERVIEW
Module 1 is about the essential knowledge and understanding of hospitality and tourism
laws. This introductory module will help you analyze the natural law from its kinds, concepts,
sources of law relevant to the tourism and hospitality industry, and its importance and application
in your field of specialization.
Lesson 1- TOURISM AND HOSPITALITY LAWS ESSENTIALS
Intended Learning Outcomes:
At the end of the lesson, you should be able to:
1. examine the various concepts of law
2. describe the characteristics of law
3. differentiate the kinds of laws relevant to the tourism and hospitality industry;
4. explain the concept of tourism and hospitality law;
5. explain the importance and application of tourism laws
6. state the important sources of tourism and hospitality law;
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A. DEFINITION OF LAW

1. Law has been defined as the "a body of rules of action or conduct prescribed by controlling
authority and having binding legal force. That which must be obeyed and followed by
citizen's subjects to sanctions or legal consequence is law”. (Black’s Law Dictionary, 6th
ed., sv.)
2. It is a rule of action or any systems of uniformity
3. It determines not only the activities of men as rational beings but also the movements or
motions of all objects of creation, whether animate or inanimate. ( Ghosh P, and Nandan
S., 20__)
4. It is a system of rules that govern a society intending to maintain social order, uphold
justice, and preventing harm to individuals and property.
5. Principles and regulations established in a community by some authority and applicable to
its people, whether in the form of legislation or of customs and policies recognized and
enforced by juridical decisions.
B. CHARACTERISTICS OF LAW
Law may be characterized by the following:
a. Rule of human conduct b. just and obligatory c. promulgated by competent authority
and d. it is of general observance. It only means that only human beings are obliged to
obey the law. No man is above the . All are expected to obey it including the top officials
of the land. Hence, laws can be established by a law marker of the country. (As cited by
Maranan M., Marana J., and Rodriguez, 2007)
C. KINDS OF LAW

For our purposes, the different kinds of law are classified as follow:

As to purpose:

(1) 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. Example/s (Law of contracts, wills,
and real property)

(2) Adjective Law/ Procedural Law

- A law that provides the method of aiding and protecting certain rights.
- Relates to how lawsuit or other legal proceeding is started and maintained
- For example, the person who is being sued has X days to respond.
- A person accused of a crime must be trialed before Y days have elapsed.

As to scope:

(1) General of Public Law- a law that applies to all of the people of the state or all of a
particular class of person in the state, with equal force and obligation.

(a) Criminal Law- a law dealing with the crimes and their punishments, as well as the
procedure for that purpose.

(b) International Law- a body of rules or principles of action governing the relations
between States.Example/s (Constitutional Laws of Nations of the World, International
Treaties and Convention, etc. for more example you can visit the
website:www.chanrobles.com)

(c) Political Law- law regulating the relations sustained by the inhabitants of a territory
of the sovereign.Example/s (Constitutional Law, Administrative Law, Law of Public
Officers, Law on Public Corporations and Election Law)

(2) Special or Private Law- a law which relates to particular persons or things of a class.

(a) Civil Law- the mass of percepts which 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.
Example/s (Civil Code of the Philippines, Family Code of the Philippines, Senior
Citizens Center Act of the Philippines and Magna Carta for Disabled Persons, etc. for
a more complete list of the examples you can visit the website: www.chanrobles.com)

(b) Maritime Law- the law dealing with commerce by sea, involving regulation of ships
and harbors and status of seamen
 (c) Mercantile Law- the law of commercial transactions derived from the law of merchant
which includes, commercial paper, insurance, and other types of agency.

D. CONCEPT OF TOURISM LAW

Tourism law may be defined as 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. It includes persons traveling from a place for pleasure (tourists),
and business establishments or purpose engaged in the occupation of providing various
services to tourist.

E. IMPORTANCE AND APPLICATION OF TOURISM LAWS

Today, society has evolved wherein business establishments engaged in tourism have been in
the foodservice, hotel service, transportation service, travel and tour operations, and events
management and among others. Through this e-commerce has now been considered a way of
the necessity to do business in tourism.

All things being considered, it will not be denied that there are now various or even millions
of commercial transactions involved in tourism. Besides, numerous regulations are being
imposed by the different government agencies to promote tourism development for the
national interest. Hence, there is a need to study the different principles and statutes
governing tourism development.

F. SOURCES OF LAWS RELEVANT TO THE TOURISM, TRAVEL AND

HOSPITALITY INDUSTRY

(1) The Philippine Constitution- it is the fundamental law of the land, to which all other laws
must conform.

(2) Statutes or legislation enactments- written will of the legislative department rendered
authentic by the certain prescribed forms and solemnities, prescribing rules of action, or
civil conduct which respects to persons, things, or both. Examples: Dangerous Drug Act,
Public Service Act, Civil Code of the Philippines, Labor Code of the Philippines, Revised
Penal Code, Seatbelt Law, local government ordinances.

(3) Administrative or executive orders, regulations, and rulings- these are issued by
administrative officials under legislative authority. Examples (a) Rules and Regulations
promulgated by the Secretary of Tourism to Govern the Accreditation of Hotels, Tourists
Inns, Motels, Apartments, and other Accommodation Establishments, (b) BIR circulars and
rulings; (c) Administrative issuances by the Department of Foreign Affairs and (d)
Omnibus Rules Implementing the Labor Code of the Philippines.

(4) Juridical decisions or jurisprudence- these refer to the decisions of the Supreme Court in
interpreting the laws of the constitution
 (5) Custom- a rule of conduct which in a given place and among given groups of people, has
been followed for a considerable time.

(6) Other Sources- these refer to decisions of foreign tribunals and opinions of textbook
writers.

In summary, the law is a body of rules of action or conduct or any system of uniformity, it
determines also the activities of men whether it is animate or inanimate, all principles and
regulations are established by someone with authority. It can be characterized as a rule of
human conduct, just and obligatory, promulgated by a competent authority and it is of
general observance. It only means that all people are obliged to obey the law and it is regulated
by a competent authority. There are different kinds of law it is classified according to its
purpose and scope. The concept of law can also be found in the tourism and hospitality industry
which called tourism law. It is a body of rule which deals with the regulation, authority,
relations, and obedience among members of a society involved in tourist travel and
accommodation. It includes different stakeholders in tourism and hospitality primarily the
tourists/ guests and the business establishments under the industry. The importance of tourism
laws in the industry can greatly shape its promotional tourism development as well as knowing
the rights of both the business establishments and tourists/ guests. To sort out the laws that are
only relative to the tourism and hospitality industry the sources relevant to our industry are as
follows such as Philippine constitution, statutes or legislation enactments, administrative or
executive orders, regulations and rulings, juridical decisions or jurisprudence and custom.

COURSE REFERENCE:
Textbook/s:
Cabulay, D. & Carpio-Aldeguer C, (2014) Philippine Tourism Laws: A Comprehensive Guide to
Studying Laws Relevant to the Philippines Tourism Industry. Quezon City: Rex Book Store, Inc.
Maranan, M., Maranan J., & Rodriguez V, (2007) Pertinent Laws on Hospitality Management
(Tourism Laws). Intramuros Manila: Mindscapes Co., Inc.
Website:
www.chanrobles.com