CHAPTER 2

Legal Aspects in Tourism and Hospitality

Human Relations
Learning Outcomes:
Determine the right and privileges as hospitality and tourism providers and the law governing as such.
- Hospitality is a people industry whose primary concerns are to provide good and adequate
service to clients. Thus, it is imperative for students of hospitality and tourism courses as well as
industry practitioners to learn more of the basic legal principles.
- The more a person is aware of the rights and privileges of his target market and the accompanying
obligations that the law imposes upon him, the less chance a person would inadvertently offend
his peers translating into a greater chance of guests’ satisfaction that may be achieved.

Fortunately, we can find these principles governing human relations in the Civil Code.
Article 19 of Civil Code states:
- “Every person must, in the exercise of his rights and in the performance of his duties, act with
justice, give everyone his due, and observe honestly and good faith.” The article clearly embodies
the basic rule of conduct that is expected of a person in a civilized society.
- From such provision, several questions should be asked by a person to himself to be properly
guided in his actions, namely:
1. Am I acting with justice?
- Jurisprudence has defined justice as the constant and perpetual disposition of legal matters or
disputes to render every man his due. This could mean that if a person is confronted to resolve
certain issue or dispute, that person must act in accordance to law and with the wish to do
goodness to others.
2. Am I being fair to all concerned?
- To be fair not only requires equality in rights and privileges but also to that position of being
able to extend to the other, under the given circumstances, a just share in treatment
commensurate to what should be given under the law.
3. Is what I am doing in accordance with honesty and good faith?
- Good faith pertains to the absence of malice or the intent to do evil. A person must act without
ill motives against other persons - a clear conscience and frame of mind which would guide him
to remain within the bounds of the law. Thus, if a person is unsure whether a certain action is
within the bounds of the law, then it is a good rule of thumb to ask these questions first in order
to avoid or lessen the chances of incurring any unwanted liabilities. Even though the law is silent
 in certain areas, or does not specifically or expressly state that it is illegal, a person may still be
held civilly liable if such action answers the foregoing questions in the negative.
PERSONS
- The law would expand one’s concept of humanity since it does not restrict the definition to only
those of living entities. In general usage, it refers to human beings and to other entities bestowed
the certain rights possessed by human beings. In view of such, the law recognizes two types of
persons:
▪ Natural refers to human beings such as your regular, everyday traveler or guest
▪ Juridical pertains to those entities that, by legal fiction are considered as persons such as the
State, corporations and other institutions. They are considered as persons since the law consider
them to be so.

CONSTITUTIONAL RIGHTS
- Every human being is entitled to their rights and privileges.
▪ Article III, or more commonly referred to as The Bill of Rights provides for the rights and privileges
accorded to both persons and property.
▪ 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.
Section 14.
▪ (1) No person shall be held to answer for a criminal offense without due process of law.
▪ (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of witnesses and
the production of evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly notified and his
failure to appear is unjustifiable.
A person must be given a fair opportunity to defend himself to the exclusion of bias and prejudice.

PRIVACY OF COMMUNICATION AND CORRESPONDENCE

- In the hospitality industry, there is a no tenet more sacred than to respect the privacy of guests.
The 1987 Constitution has placed a guarantee that the privacy of persons, particularly in his
spoken and written words, shall be inviolable. (dishonored)
- However, this veil of privacy may be lifted provided that there is a lawful order by the court or
when public safety or public order requires otherwise.
LIBERTY OF ABODE AND TRAVEL
- This constitutional right states that no person may be prohibited from lawfully establishing his
home at a certain place nor to be restrained to travel except in the interest of national security,
public safety or public health. In this country, person is allowed to live and go where he wants
unless there is a valid reason to the contrary.

INVOLUNTARY SERVITUDE
- It is unperceivable that in this modern age of liberty and technology that slavery still exists in
our society. The Constitution provides that no person may be compelled to act or work against
his will, whether paid or not except only for lawful causes.
- Thus, no person may be compelled to work off his debt or to perform something involuntarily
except when there is a law, a valid contract or a court order stating such necessary servitude.

REFERENCES: Castor, Manuel Notes on Relevant Hospitality Laws: Philippine Setting

Article III Bills of Right,1987 Philippine Constitution