LEGAL ASPECT IN TOURISM MANAGEMENT

Activity 5 

Name: steffany joy galicto                                Score:_______

Course/Year: 3rd year BSHM       Date:________

TEST I. Identification. Identify the correct answer and write it in the space provided before the
number.

LABOR RELATIONS LEGISLATIONS 1. Those passed and prescribing minimum requirements

relating to wages,  hours of work, cost of living allowances, and other monetary and welfare benefits
including occupational, safety and health standards.

DIPLOMATIC LEGISLATIONS 2. Those designed to settle labor dispute through pacific modes.
(Examples: Law providing for a conciliation, mediation, grievance machinery, or arbitration.)

PROTECTIVE LEGISLATION 3. It is designed to protect the weaker party to the employment

contract.

RETRENCHMENT 4. It means reduction in the workforce to forestall business losses or stop the
hemorrhaging or capital.

REDUNDANCY 5. It exists when the services of an employee are in the excess of what is
reasonably demanded by the actual requirements of the enterprise.

EIGHT HOURS 6. How long is the normal hours of work of any employee?

LABOR STANDARDS 7. prescribe the terms and conditions of employment as affecting wages or
monetary benefits, hours of work, cost of living allowances, occupational health, safety and welfare
of the workers.

 
LABOR LAW 8. It includes all the rules of law governing the conditions which persons may work
under the control of other persons called employers.

R,A. 875- LAWPHIL 9. It is used to denote all matters arising out of employer-employee relationship
involving the concerted action on the part of the workers which is usually related to collective
bargaining and negotiation process.

RA 9433 10. It is designed to uplift and protect the welfare of the worker and his family, because of
the hazards beyond his control which immobilize him from working.

TEST II. Essay. Discuss the following questions, then answer briefly but comprehensively.

1. What is the distinction between labor standards and labor relations.

labor relations specialist falls under the category of human resources and is a growing career
choice. These professionals usually work for government agencies or for unionized organizations.
They act as a liaison between executives and company employees. They are often based in the
human resources offices of an organization, as their positions are similar in focus. While they do
serve in staff oversight, the role of labor relations specialists is a bit more specialized. As a
representative for the employees, they work to resolve disputes between management and workers.
While, A labor standard is the amount of labor time that is expected for the completion of a task. It is
sometimes referred to as the standard labor rate. The labor standard concept is used when planning
how many employees to assign to a task, which is part of the budgeting and planning processes.

2. Discuss the normal hours of work and meal periods in accordance to the Labor Code

Hours of Work refer to all the time an employee renders actual work, or is required to be

on duty or to be at a prescribed workplace. The normal hours of work in a day is
8 hours. This includes breaks or rest period of less than one hour, but excludes meal
periods, which shall not be less than one hour. 

 
 

3.Discuss Anti-Sexual Harassment Act of 1995.

R.A. 7877, an “Act Declaring Sexual Harassment Unlawful in the Employment,

Education or Training Environment, and for other purposes” was approved on February
14, 1995 and became effective on March 5, 1995, fifteen (15) days after its publication
in the Malaya and Times Journal on February 18, 1995. 

4.When can an employer terminate the employment contract of an employee?

An employer can terminate the employment contract of an employee when if your Fixed
Term contract ends on its expiry date and is not renewed, or you are given notice to end
it early, and you have two years continuous service with your employer, you are entitled
to ask for a written statement from your employer explaining the reasons for
your contract ending
 ACTIVITY 6

Name: Steffany joy Galicto   Score:_______

Course/Year:   3rd year BSHM          Date:________

PART I. Identification. Write A if what is referred to is a common carrier. B if not a common carrier.

A 1. The ambulance of San Pedro Hospital engaged in transporting injured/sick persons to the
hospital.

A 2. Bicycles in Burham Park which can be used by anyone for rent.

A 3. Manila Railway Transit

A 4. Barangay Chairperson who allows his/her constituents to use the Barangay Patrol for a minimal
fee.

A 5. Cebu Pacific Airlines

A 6. Horses in Baguio City available to the public for picture taking.

A 7. LBC

A 8. A car by specific company which was used by its driver to transport the company visitors from
one place to another.

A 9. Super ferry

A 10. LBC

 
PART II. Essay. Examine the following facts and then answer the questions comprehensively.

1. Maria was drunk when she entered the LRT Station after purchasing a token representing
payment of fare. She had a misunderstanding and altercation with the security guard
assigned in the area that led to a fist fight. Due to the fight, Maria fell in the LRT tracks. At the
exact moment that she fell, an LRT train was coming in. She was stricken by the moving train
and was killed instantly. Will the LRTA be held liable as a common carrier even though the
deceased is yet to board the train? 

No, She was yet to board the train, she had a fist fight with the security guard of LRT track. But it depends
on the situation, since the guard is only allowed when ejecting or detaining a person on private property. The
use of force should be reasonable based on the severity of the crime at hand, the risk facing the guard and other
individuals. The guard will be held liable if he was doing his job, carrying out what he was told. Most likely,
the company will not be held responsible for the incident.

2. A junk dealer who has engaged in the buying and selling of used-up bottles and scrapped
materials in Mati, Davao Oriental uses two trucks to bring the scrapped metals to Davao City
for resale and back haul various cargoes from different merchants from the same place. In
October 1975, the junk dealer contracted YZ to have 750 cartons of milk delivered from Davao
to Digos. However, only 150 boxes were delivered since the truck was hijacked during its trip
by NPA. YZ demanded the junk dealer the lost merchandise and cargo. Is the junk dealer a
common carrier so as to be bound to exercise extraordinary diligence in the vigilance over
the goods? Can he not use the fortuitous event as defense in order to be absolved from
liability?

The dealer characterized as a common carrier even though he merely back hauled goods for other mertchants
from Davao city to mati city, even though it was done on a periodic or occasional, and his principal Operation
was not the carriage of goods for others.

The Civil Code defines "common carriers" under Art. 1732.1.Principal / ancillary- No distinction
between one whose principal business activity is the carrying of persons or goods or both, and one who
does such carrying only as an ancillary activity (in local Idiom as "a sideline")
Regular / scheduled- Carefully avoids making any distinction between a person or enterprise offering
transportation service on a regular or scheduled basis and one offering such service on anoccasional,
episodic or unscheduled

ACTIVITY 7

Name: Steffany joy Galicto                                   Score:_______

Course/Year: 3rd year BSHM                                

Date:________

TEST I. Identification. Choose the answer on the box and write it down on the space provided
before the number.

Negligence   Contributory Negligence           Doctrine of Imputed Negligence

Doctrine of Proximate Cause                    Doctrine of Last Clear Chance

Doctrine of Res Ipsa Loquitur

Damage          Compensatory            Moral             Liquidated    

Corrective Damages       Fault           Torque    Quasi-delict      Culpa

 

CULPA 1 . Other term for Negligence

LIQUIDATED DAMAGE 2. Damages that are agreed upon by the parties to a contract, to be paid in

case of breach thereof.

DOCTRINE OF RES IPSA LOQUITUR 3. Under this doctrine, where a thing is shown to be under
the management of the defendant or of his servants, and the accident is such as in the ordinary
course of events does not happen if those who have management had used proper care; it affords
reasonable evidence, in the absence of explanation by the defendant, that the accident arose from
want of care.
DOCTRINE OF IMPUTED NEGLIGENCE 4. It pertains to the rule whereby the negligence of a
certain person in a transaction or act which gave rise to the injury complained of is imputable or
chargeable against the person for whom he was acting or against his associates.

TORQUE 5. It means “To Twist”.

MORAL DAMAGES 6. Damages that include physical suffering, mental anguish, fright, serious
anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury.

DOCTRINE OF LAST CLEAR CHANCE 7. Known as the doctrine of discovered peril or the
humanitarian doctrine.

CONTRIBUTORY NEGLIGENCE 8. If the negligence of the plaintiff was merely contributory to his
injury, the immediate and proximate cause of he injury being the defendant's lack of due care, the
plaintiff may recover damages, but the courts shall mitigate the damages to be awarded.

NEGLIGENCE 9. Consists in the omission to do certain acts which result to the damage to another.

LIQUIDATED 10. This was defined as that cause which, in natural and continous sequence,
unbroken by any efficient intervening cause, produce the injury and without which is the result would
not have occurred.

MORAL 11. It has been defined by the Supreme Court in the case of People vs Ballesteros as the
pecuniary compensation, recompense, or satisfaction for an injury sustained, or as otherwise
expressed, the pecuniary consequences which the law imposes for the breach of some duty or
violation of some rights.

QUASI-DELICT 12. Art 2176 of the civil code of the Philippines says that Whoever by act or
omission causes damage to another, there being fault or negligence, is obliged to pay for the
damage done.

COMPENSATORY 13. One is entitled to an adequate compensation only for such pecuniary loss
suffered by him as he has duly proved. Such compensation is referred to

CORRECTIVE DAMAGE 14. These are imposed, by way of example or correction for the public
good.

FAULT 15. It signifies voluntary act or omission causing damages to the right of another giving rise
to an obligation of the actor to repair such damage.

 
TEST II. Essay. Discuss and Analyze the following questions/situations, then answer briefly but
comprehensively.

 1. A Gas station was sued for selling adulterated gas with water. The owner settled amicably the

suit and then Phil Shell for the negligence of Armando who was hired in undertaking hydro pressure

test in the underground storage tank which was cracked causing water to seep into the tank. Will the

suit prosper?

As for me, if the suit of the two party was done in a proper way, I think the suit will be

effective because the person who has taken the damage did not do it on purpose and

its an acceptable reason.

2. A City government’s truck was about to go to the river to get gravel and sands used in the

construction and repair of its road (a governmental function) where a child can ran over a pedestrian

and was bumped by the truck resulting to the latter’s death. Can the City Government be sued for

the accident? Explain.

 For me, the City Government can be sued for the certain accident because the driver of

the truck did not mean it. So the way to get it recover for the incident, they should sue it

in order to be resolved.

3. Who are the persons Liable for Damages Arising from Quasi-delicts/Torts under Article 2180.?
Art 2176 of the civil code of the Philippines says that Whoever by act or omission causes damage to

another, there being fault or negligence, is obliged to pay for the damage done. Such fault or

negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-

delict (tort) and is governed by the provisions of this Chapter. (1902a)

ACTIVITY 8

Name: Steffany joy Galicto Score:_______

Course/Year: 3rd year BSHM                                 

Date:________

Instruction: Prepare a business proposal relevant to the Hospitality/Tourism Industry using

the outline provide below:

 Name of Business: Sweet tooth's

Nature: I want to build cakes and pastries shop to the market with new style of cake using
freshly fruit as a flavor for cake and cut fruits in between the cake. Many produces cake in the market are
all the same from icing or frosting to its spongeThis makes something new to the costumers this looks
special and expensive, It is a new style with its affordable price. trying something different from their
eyes and taste. This cakes are good for occasions and events such as birthday, Valentine's day, father and.
Mother's day and many more. Provide quality affordable cakes with its freshly cut healthy fruit feeling.

Objectives: To provide new style and flavoring of cakes in the market.

To provide affordable cakes and pastries for events and occasions.

To provide quality cake and pastries with fruit flavored.

Capital Needed: the approximate capital that is needed in order to establish this type of
business is 700,000 pesos.
Budget Allocation: the budget allocation for this business is worth 400,000

Expected Period Return of Investment: the expected return of the investment is estimated to
be in two year.

Strengths, Weaknesses ,Opportunities, Threats, Accreditation Plan:

Strengths: wide range of product

Social media presence

healthy

using fresh fruit flavors

Weakness:

many competitors

high rental

New in ge market

Pricing

Opportunity:

new product introduction

brand is attractive

Growing concern for health

Threats:

Already established bakeries in the area

Branding don’t have many loyal customers

Fluctuating demand