MODULE 1- INTRODUCTION TO HOSPITALITY AND TOURISM LAWS

Lesson 2- THE PHILIPPINE CONSTITUTION

Intended Learning Outcomes:
At the end of the lesson, you should be able to:
1. define constitution
2. explain the important provisions in the Philippine Constitution related to tourism and
hospitality
3. explain the different rights of travelers as well as engaged in the entire tourism and
hospitality industry.
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A. THE DEFINITION CONSTITUTION

1. The Constitution is defined as the original and fundamental principles of law by which
a system of government is created and according to which a country is governed. (As
cited by Barron’s Legal Dictionary, 5th Edition p. 102).
2. A constitution is the fundamental law of the land, to which all other laws must conform
(Philippine Legal Encyclopedia by Jose Agaton R. Sibal, Central Lawbook Publishing,
Co., Inc., p. 169)
3. It is a written instrument by which the fundamental powers of the government are
established, limited, and defined and by which those powers are distributed among
several departments for their safe and useful exercise for the benefits of the body.
(Philippine Legal Encyclopedia by Jose Agaton R. Sibal, Central Lawbook Publishing,
Co., Inc., p. 169)

B.THE BILL OF RIGHTS

Article III of the 1987 Philippine Constitution discusses the different rights available among its
citizens and among those who owe temporary allegiance to the government,
However, this learning module opts not to discuss all and instead dedicated to including only those
that may be applied in the tourism and hospitality industry. Among the provisions are sections 1,
2, 3, 4, 6, and 8.
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 laws
Discussion of the Law
In this section, there are two things you must remember in the due process of law. (1) Every person
must be notified of the offense that he allegedly committed. (2) He must also be allowed to be
heard.
Application of the Law
Thus, any employee in the hospitality industry cannot be dismissed from employment without
being notified of the offense he committed. He must be given a reasonable time to explain his side.
Another thing, a municipal mayor cannot order the foreclosure of any tourism and hospitality
business establishments without giving the owners notice and opportunity to be heard.
Section 2: "The right of the people to be secured in their persons, houses, paper,
and effects against unreasonable searches and seizures (violent taking of property by a
government law enforcement official from a person who is suspected of violating) 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."
Discussion of the Law
Under Section 2 of the Bill of Rights, it simply means that a person or any tourism enterprise can
be secured relative to their persons which are their guests and tourists as well as to the property
they owned. Law enforcement is not allowed to get or even arrest a person without a search warrant
or warrant of arrest to be presented. It is issued and determined personally by the judge after a
series of examinations under the oath of affirmation of the complainant and the witnesses. There
should also be a method of describing the place to be searched and the person to be arrested.
Application of the Law
As a future part of the workforce of the hospitality industry, you should learn this to get rid of the
abuses of those who are in authority. Before an arrest and search should be done, the person to be
arrested and owner of the things to get there should be a demand for a warrant of arrest and search
warrant as the case may be.
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-laws (2) Any evidence obtained in violation of this or the
proceeding section shall be inadmissible (unacceptable) for any purpose in the proceeding.
Discussion of the Law
In many instances, communication and correspondences are inevitable in the tourism and
hospitality industry. Because of its daily users, it is important to understand what laws may be
applied.
The form of correspondence and communication that are covered in these provisions included
letters, telegrams, telephone calls, messages, and the like.
According to the Philippine Law, RA No. 4200, otherwise known as the Anti- Wiretapping Law
provides penalties for specific violations of the privacy of communication. Under the Section 3 of
the Act, the court will authorize wire tarps in certain crimes, such as treason, espionage, provoking
war and disloyalty in case of war, privacy, munity in the high seas, rebellion, conspiracy and
proposal to commit rebellion, sedition, conspiracy to commit sedition, inciting to sedition,
kidnapping and other offenses against national security.
Any evidence obtained in violation of the above shall be considered “fruit from the poisonous tree”
and shall be admitted as evidence in any administrative or criminal proceeding.
Application of the Law
Case: A and his lover B entered in SUGOD motel located along Avenida without knowing that C,
the legal wife of A has been spying on them. Upon their entry in room 69, C approached the Front
Desk officer to get some necessary information about A and B. if you are the front desk officer,
would you give C her desired information about A and B?
Legal opinion: The Front Desk officer should not give C her desired information about A and B.
The record must be treated with strict confidentiality unless there is a court order for that matter.
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 a redress of grievances.
Discussion of the Law
For a labor-intensive industry like tourism and hospitality industry, it is common to have disputes
between the labor sector and management. Likewise, a depiction of women and children in an
exploitative manner has happened in the past. Freedom of speech had to be understood in the right
context.
Speech, expression, and press include every form of expression, whether oral, tape, CD, or DVD
recorded.
Obscenity is defined as it includes materials which, taken as a whole, appeals to the prurient
interest and lacks serious literacy, artistic, political, or scientific value. The material will be
considered "obscene" when the following requisites concur: (a) the subject as a whole appeal to
the prurient interest of the average person, using contemporary community standards; (b) the
works depicts or describes in a patently offensive way sexual conduct as prohibited by law; (c) the
work as a whole lacks serious literary, artistic, political or scientific value. (Section 3 paragraph
1, R.A. 4200)
Application of the Law
Case: Fort Santiago is a well-maintained wholesome historic theme park in Manila. The regular
promenaders were suddenly awed by the parading young girls clad in skimpy bikinis. These were
movie starlets who were doing a pictorial for a magazine. There were occasions when the director
would tell the girls to take off their bikini bras only to cover their breasts with their arms. The
crown was uneasy and grew bigger as the pictorial lasted almost over an hour. A Manila councilor
who was near the location reminded the director of the city ordinance and the law that they were
violating. Did the Manila councilor have the right to put a stop to the pictorial? Dis the organizers
and participants of the pictorial violate any law?
Legal Opinion: The Manila councilor has the right to put a stop to the pictorial under a city
ordinance prohibiting any lewd acts which are offensive to morals and public policy. Such an act
may be considered a right of the State, in the legitimate exercise of police power. It is a known
principle that the state has the authority to enact legislation that may interfere with personal liberty
or property to promote the general welfare.
Section 6: The liberty of adobe and changing of the same within the limits prescribed by
the 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 security, or public health as may be
provided by law.
Discussion of the Law
Every person has the right to travel and reside anywhere he chooses.
This constitutional provision guarantees: (a) freedom to choose and change one’s place of
residence and dwelling place; and (b) freedom to travel within or outside the country.
However, these constitutional are not absolute rights that can be impaired except in the interest of
national security, public security, or public health as may be provided by the law. If those
circumstances will follow no one is allowed to travel.
Application of the Law
Case:Daniel Victor plans to visit his cousin in Baguio City. Unfortunately, a City Ordinance was
passed by Baguio banning all tourists from July 5 to 10, the date wherein Daniel Victor set his
vacation in Baguio. The ban for tourists was in connection with the pandemic COVID-19 advisory
issued by the Department of Health. If you were in the position of Daniel Victor can you question
the said ordinance on the ground that the constitution of the Philippines is clear as to the non-
impairment on his right to travel?
Legal opinion:We believe that Daniel Victor cannot question the said ordinance. Because the
mandate of the constitution as to non-impairment on the right to travel is with exceptions which
are the case at bar is the public health.
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. (To diminish, lessen, or restrict a legal right

Discussion of the Law

Once again, the labor-intensive nature of the tourism and hospitality industry elicits the possibility
of unions and associations being formed to protect the rights of employees. While there is a
provision in the constitution on this matter.
No person from the hospitality industry can be dismissed from employment on account of joining
an organization if no law prohibits the same. The organization is not against public policy, public
order, good customs, and morals. The management of the business should encourage their
employees to join the different organizations that would surely help them develop as better
persons. A lengthier discussion is covered in Module 4 of this online lesson.
C.NATIONAL ECONOMY AND PATRIMONY
National economy and patrimony provision of the 1987 Constitution plays a significant role in
boosting the conservation of resources that we have a tropical country. Such would be necessary
for the development of the Philippine tourism industry.
The constitution provides the following goals of the national economy which could directly
affect the present situation of the cases involving tourism and hospitality industry: (As cited
by Section 1, Article 1 1987 Constitution)
1.More equitable distribution of opportunities income and wealth;
2.A sustained increase in the number of goods and services produced by the nation for the
benefits of the people; and
3.Expanding productivity as the key to raising the quality of life all, especially the
underprivileged
To attain the goals of the national economy, the State shall promote industrialization and full
employment based on sound agricultural development and agrarian reform through industries that
make full and efficient use of human and natural resources, which are competitive in both domestic
and foreign markets. However, the state shall protect Filipino enterprises against foreign
competition and trade practices. (Section 1, Article XII, 1987 Constitution)
Nationalized Industries through Capitalization Restriction
1. Certain areas of investment shall be reserved by Congress to citizens of the Philippines or
to corporations or associations at least 60% of whose capital, or higher, is owned by
Filipinos (Sec. 10, Art XII, 1987 Constitution)
2. Congress shall enact measures that will encourage the formation and operation of
enterprises whose capital is wholly owned by Filipinos.
3. In the grant of rights, privileges, and concessions covering the national economy and
patrimony, preference shall be given to qualified Filipinos.
4. The State shall regulate and exercise authority over foreign investment within its national
jurisdiction and under its national goals and priorities.
 5. No franchise, certificate, or any other form of authorization for the operation of a public
utility shall be granted except to citizens of the Philippines or to of the Philippines at least
60 per centrum of whose capital is owned by such citizens (Section 11, Article XII, 1987
Constitution)
6. The state shall encourage equity participation in public utilities by the general public. The
participation of the foreign investors in the governing body of any public utility enterprise
shall be limited to their proportionate share in its capital, and all the executive and
managing officers of such corporation or association must be citizens of the Philippines.
7. The State shall promote the preferential use of Filipino labor, domestic materials, and
locally produced goods, and adopt measures that help make them competitive.
In summary,Article III (Bill of Rights) sections 1, 2, 3, 4, 6, and 8. And Article XII
(National Economy and Patrimony) are some of the Constitutional provisions related to tourism
which may be given preferential attention. All these provisions are needed to be given preferential
attention, for you to know the rights of tourists/ guests as well as the tourism and hospitality
enterprises.

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