Module 1 - Lesson 1

Law Defined, Bill of Rights, and Citizenship

Learning Outcomes:

At the of the lesson, the Students are expected to:

• Identify the basic definition of Law, its Kinds, Characteristics, Functions and
Sources
• Enumerate and understand the essence of knowing constitutional provisions of the
hospitality world
• Determine the differentiation of Warrant of Arrest and Warrant-less Arrest
• List who are classified as Philippine Citizen and the modes in acquiring
Citizen

LAW DEFINED
The hospitality industry encompasses arts, entertainment, recreation, accommodation and
food services. Industry laws relate to guests and employees, and include legislation on employee
health and safety, labor laws, environmental protection, hygiene, alcohol licensing regulations,
negligence, privacy and contracts. It is important for industry entrepreneurs and managers to
know these laws to promote employee welfare, ensure adequate service to guests, manage
business exposure to risk, and maintain complete compliance with state and federal laws. This
module could somehow help students and professionals to become better managers,
entrepreneurs, or leaders in the near future.

Law: Meaning, Features, Sources and Types of Law!

State is sovereign. Sovereignty is its exclusive and most important element. It is the supreme
power of the state over all its people and territories. The State exercises its sovereign power
through its laws. The Government of the State is basically machinery for making and enforcing
laws.
Each law is a formulated will of the state. It is backed by the sovereign power of the State. It is a
command of the State (sovereign) backed by its coercive power. Every violation of law is
punished by the State. It is through its laws that he State carries out its all functions.

The word ‘Law’ has been derived from the Teutonic word ‘Lag,’ which means ‘definite’. On
this basis Law can be defined as a definite rule of conduct and human relations. It also means a
uniform rule of conduct which is applicable equally to all the people of the State. Law prescribes
and regulates general conditions of human activity in the state.
1. “Law is the command of the sovereign.” “It is the command of the superior to an inferior and
force is the sanction behind Law.” —Austin
2. “A Law is a general rule of external behaviour enforced by a sovereign political authority.” -
Holland
In simple words, Law is a definite rule of behaviour which is backed by the sovereign power
of the State. It is a general rule of human conduct in society which is made and enforced by the
government’ Each Law is a binding and authoritative rule or value or decision. Its every
violation is punished by the state.
Nature/Features of Law:
1. Law is a general rule of human behaviour in the state. It applies to all people of the state. All
are equally subject to the laws of their State. Aliens living in the territory of the State are also
bound by the laws of the state.
2. Law is definite and it is the formulated will of the State. It is a rule made and implemented by
the state.

3. State always acts through Law. Laws are made and enforced by the government of the State.

4. Law creates binding and authoritative values or decisions or rules for all the people of state.

5. Sovereignty of State is the basis of law and its binding character.

6. Law is backed by the coercive power of the State. Violations of laws are always punished.

7. Punishments are also prescribed by Law.

8. The courts settle all disputes among the people on the basis of law.

9. In each State, there is only one body of Law.

10. Legally, Law is a command of the sovereign. In contemporary times laws are made by the
representatives of the people who constitute the legislature of the State. Laws are backed by on
public opinion and public needs.

11. The purpose of Law is to provide peace, protection, and security to the people and to ensure
conditions for their all round development. Law also provides protection to the rights and
freedoms of the people.

12. All disputes among the people are settled by the courts on the basis of an interpretation and
application of the laws of the State.

13. Rule of law, equality before law and equal protection of law for all without any
discrimination, are recognized as the salient features of a modern legal system and liberal
democratic state.

It only means that law is to be taken as standards or norms that every member of the
community should adhere. Law should be taken seriously so that order in the community can be
properly observed. All is bound to observe it, including the corporations and partnerships, having
attained artificial personality conferred by law. Aliens, while temporarily residing in the
county are likewise bound to observe the governing law for the same. The reason is obvious,
while these aliens are temporarily residing in our country they have been enjoying the protection
and the security that the citizens have been enjoying. No man is above the law. All is mandated
to obey it, regardless of their age, gender, social standing, party and political affiliations. Highest
officials of the land are likewise expected to observe the rule of law.
There are various kinds of law which may be classified as follows:

According to purpose:

1. Substantive Law. law that creates or defines rights, duties, obligations, and causes of
action that can be enforced by law.

2. Adjective Law. the portion of the law that deals with the rules of procedure governing
evidence, pleading, and practice. Method of aiding and protecting certain rights.

According to Scope:

1. Public law. The part of law that governs relationships between legal persons and a
government, between different institutions within a state, between different branches of
governments, and relationships between persons that are of direct concern to society. (Political
law, Criminal Law, International Law)

2. Private law. Law that deals with the relations between individuals or institutions, rather
than relations between these and the state. (Commercial Law, Maritime Law, Civil Law)

Constitution is the basic principles and laws of a nation, state, or social group that determine
the powers and duties of the government and guarantee certain rights to the people in it. It is a
written instrument embodying the rules of a political or social organization. Constitution is
known to be the basic and paramount law of the land to which all other laws must conform and
to which all persons, including the highest official of the land must defer. The 1987 constitution
serves as the constitution of the republic of the Philippines.

A treaty has been as a contract in writing between two or more political authorities (such as
states or sovereigns) formally signed by representatives duly authorized and usually ratified by
the lawmaking authority of the state.
THE 1987 CONSTITUTION (THE CONSTITUTION OF THE REPUBLIC OF THE
PHILIPPINES)

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.

National Territory

Article 1, Section 1 of the 1987 Constitution states that 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.

Compositions of the Philippine Territory

1. Philippine Archipelago
2. All the territories in which the Philippines has sovereignty or jurisdiction

Different Domains in the Philippine Territorial Jurisdiction

1. Aerial (Air)
2. Terrestrial (Land)
3. Fluvial (Water)

The constitutional provision pertaining to the national territory under Article 1, Section 1
does not thwart the Philippines from acquiring other territories in the future through any other
means such as treaty, purchase, exchange, etc.

Internal Waters of the Philippines

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.
 BILL OF RIGHTS

The Concept of bill of rights is a declaration and enumeration of a person’s rights and
privileges which the Constitution is designed to protect against violation by the government, or
by individual or groups of individuals. It is a charter of liberties for the individual and a
limitation upon the power of the State. It is composed of 22 Sections in this article but the
frequently used or common in the hospitality industry are the sections 1,2,3,6,8,9 and 10.

RIGHT TO DUE PROCESS AND EQUAL PROTECTION

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.

Scope. The provision speaks of “due process” and “equal protection.” The protection
covers all persons, whether citizens or aliens, natural or juridical. Due process and equal protection
cover the right to life, liberty, and property.

Due Process  is a constitutional guarantee against hasty and unsupported deprivation of some
person’s life, liberty, or property by the government.

Two Aspects of Due Process.

1. Procedural due process requires, essentially, the opportunity to be heard in which every
citizen is given the chance to defend himself or explain his side through the protection of
general rules of procedure. It contemplates notice and opportunity to be heard before
judgment is rendered.

2. Substantive due process requires that the law itself is valid, fair, reasonable, and just. For
the law to be fair and reasonable it must have a valid objective which is pursued in a lawful
manner. The objective of the government is valid when it pertains to the interest of the
general public, as distinguished from those of a particular class. The manner of pursuing the
objective is lawful if the means employed are reasonably necessary and not unduly
oppressive.

Equal Protection
The guarantee of equal protection means that “no person or class of persons shall be
deprived of the same protection of the laws which is enjoyed by other persons or other classes in
the same place and in like circumstances.”It means that “all persons or things similarly situated
should be treated alike, both as to rights conferred and responsibilities imposed.” The guarantee
does not provide absolute equality of rights or indiscriminate operation on persons. Persons or
things that are differently situated may thus be treated differently. Equality only applies among
equals. What is prohibited by the guarantee is the discriminatory legislation which treats
differently or favors others when both are similarly situated.
ARRESTS, SEARCHES AND SEIZURES

Section 2. People have the inviolable right to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever nature and for any purpose,
and a search warrant or warrant of arrest can only be issued upon showing of a probable cause
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.

Scope.The protection extends to all persons, aliens or citizens, natural or juridical. It is a

personal right which may be invoked or waived by the person directly affected against
unreasonable arrests or searches by the government and its agencies. It cannot, however, be
invoked against private individuals.

Warrant of Arrest and Search Warrant

1. Generally, the right against unreasonable searches and seizures requires that before a
person is arrested or a personal property seized, it must be supported by a valid warrant of arrest
or a search warrant. The exceptions are in cases of valid warrantless arrests and searches.
2. A warrant of arrest is a written order of the court, issued in the name of the Philippines,
authorizing a peace officer to arrest a person, and put him under the custody of the court.
3. A search warrant is a written order of the court, authorizing or directing a peace officer to
search a specific location, house, or other premises for a personal property allegedly used in a
crime or may be utilized as a tool to prove a crime.

Requisites of a Valid Warrant

1. Since as a general rule, an arrest or search is reasonable when it is covered by a valid
warrant, it is thus important to know the requisites a valid warrant. The Court enumerates the
requisites as follows:
(a) It must be based upon a probable cause. Probable cause refers to such facts and
circumstances which would lead a reasonably discreet and prudent man to believe that an offense
has been committed and that the objects sought in connect with the offense are in the place
sought to be searched;
(b) The probable cause must be determined personally by the judge. That the judge
“personally” determines the probable cause means that “he personally evaluates the report and
the supporting documents submitted by the public prosecutor regarding the existence of the
probable cause,” or, if the same is insufficient, “require additional evidence to aid him in arriving
at a conclusion as to the existence of probable cause.” Thus, personal determination does not
mean that he must personally examine the complainant and his witnesses. He may rely on reports
and evidence submitted to him, on the basis of which he determines the existence of probable
cause and orders the issuance of warrant. What is prohibited is to rely solely on the
recommendation of the prosecutors without doing any determination on his own;
(c) The determination must be made after examination under oath or affirmation of the
complainant and the witness he may produce; and
(d) It must particularly describe the place to be searched and the persons or things to be
seized. The property subject to search includes those used in the commission of the offense,
stolen or embezzled and other proceeds or fruits of the offense, or used or intended to be used in
the commission of the offense.
2. General warrants are those that do not particularly describe the place to be searched or the
persons or things to be seized. They are unconstitutional because the sanctity of the domicile and
privacy of communication and correspondence of individuals are placed at the mercy, caprice,
and passion of peace officers.

Warrantless Arrest
1. When Warrantless Arrest Valid. Arrest without warrant is strictly construed as an
exception to the general rule requiring warrant. Under the Rules of Court, a peace officer or a
private person may arrest a person even without a warrant under the following instances:
(a) In flagrante delicto arrest. When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to commit an offense;
(b) Hot pursuit. When an offense, has in fact just been committed, and he has personal
knowledge of facts indicating that the person to be arrested has committed it; and
(c) Arrest of escaped prisoners. When the person to be arrested is a prisoner who has
escaped from a penal establishment of place where he is serving final judgment or temporarily
confined while his case is pending, or has escaped while being transferred from one confinement
to another.
2. Citizen Arrest. It must be noted that a lawful warrantless arrest may be performed not just
by a peace officer but also by a civilian. This is permitted under the rules under limited
circumstances, and it is called citizen arrest.
3. In the case of flagrante delicto arrest, an offense is committed “in the presence” of the
arresting officer or civilian. For example, if a person pushes illegal drugs in the presence of a
police officer, the latter can arrest the pusher even without a warrant of arrest because an offense
is actually being committed in his presence. The same principle underlies the “buy-bust” or
“entrapment” operations conducted by police officers in catching law offenders. In one case, the
Court held that rebellion is a continuing offense, and so the rebel may be arrested anytime even
without a warrant because he is deemed to commit the offense in the presence of the arresting
officer or person.
 4. Illegal Detention is the offense committed by the arresting officer or civilian if the
warrantless arrest is performed outside the above rules.

RIGHT TO PRIVACY 

Section 3. (a)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.”

(b) Any evidence obtained in violation of right to privacy of communication or right to due
process of law shall be inadmissible for any purpose in any proceeding.

Invasion of communication and correspondence is one kind of search. However the subject

of search is not a tangible object but an intangible one, such as telephone calls, text messages,
letters, and the like. These forms of communication and correspondence may be intruded into by
means of wiretapping or other means of electronic eavesdropping. What the constitution prohibits
is government intrusion, by means of wiretapping or electronic eavesdropping, into the privacy
of communication without a lawful court order or when public safety and order does not demand.
As a rule, the government cannot intrude into the privacy of communication and correspondence.
The exceptions are: (a) when the court allows the intrusion, and (b) when public safety and order
so demands.

FREEDOM OF EXPRESSION

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.”

Freedom of expression has four aspects, to wit: (a) freedom of speech; (b) freedom of
expression; (c) freedom of the press; and (d) freedom of assembly. Nonetheless, the scope of the
protection extends to right to form associations or societies not contrary to law, right to access to
information on matters of public concern, and freedom of religion. These are all crucial to the
advancement of beliefs and ideas and the establishment of an “uninhibited, robust and wide-open
debate in the free market of ideas.”

Freedom of expression is accorded the highest protection in the Bill of Rights since it is
indispensable to the preservation of liberty and democracy. Thus, religious, political, academic,
artistic, and commercial speeches are protected by the constitutional guarantee.

FREEDOM OF RELIGION
 Section 5. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.”
“No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof.”

Freedom of religion has two aspects: (a) the freedom to believe, and (b) the freedom to act on one’s
belief.The first aspect is in the realm of the mind, and as such it is absolute, since the State cannot
control the mind of the citizen. Thus, every person has the absolute right to believe (or not to
believe) in anything whatsoever without any possible external restriction by the government. The
aspect refers to the externalization of belief as it is now brought out from the bosom of internal
belief. Since it may affect peace, morals, public policy, and order, the government may interfere
or regulate such aspect of the right.
The second aspect is expressed in Section 5, Article III, thus “… The free exercise and
enjoyment of religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of civil or political rights.”

LIBERTY OF ABODE AND RIGHT TO TRAVEL

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.”

Freedom of movement has two aspects: (a) Freedom to choose and change
Aspects of the Freedom.
one’s domicile, and (b) Freedom to travel within and outside the country. A person’s place of
abode or domicile is his permanent residence.

Limitations
1. Freedom of movement is not an absolute right. It has limitations. Liberty of abode may be
impaired or restricted when there is a “lawful court order.”
2. The right to travel may also be restricted in interest of national security, public safety, or
public health, or when a person is on bail, or under a watch-list and hold departure order.
Right to Return to One’s Country
Although the right to return to one’s country is not among the rights expressly mentioned in
the Bill of Rights, it is nonetheless recognized and protected in the Philippines. It is a generally
accepted principle of international law, and as such it is part of the law of the land, pursuant to
the doctrine of incorporation. It is different from the right to travel and is guaranteed under the
International Covenant on Civil and Political Rights.
Right to Information
Section 7. “The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for policy
development, shall be afforded the citizen, subject to such limitations as may be provided by
law.”
Scope and Limitation. The right guarantees access to official records for any lawful purpose.
However, access may be denied by the government if the information sought involves: (a)
National security matters, military and diplomatic secrets; (b) Trade or industrial secrets; (c)
Criminal matters; and (d) Other confidential information (such as inter-government exchanges
prior to consultation of treaties and executive agreement, and privilege speech).
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.”
Who may Exercise the Right. The right of association may be exercised by the employed or
the unemployed and by those employed in the government or in the private sector. It likewise
embraces the right to form unions both in the government and private sector. The right of civil
servants to unionize is expressly provided in Section 2(5), Article IX-B: “The right to self-
organization shall not be denied to government employees.” The right of labor in general to
unionize is likewise provided in Section 3, Article XIII: “[The State] shall guarantee the rights of
all workers to self-organization, collective bargaining and negotiations, and peaceful concerted
activities, including the right to strike in accordance with law.”
Thus, No person from the hospitality industry can be dismissed from employment on account of
joining an organization if there is no law that prohibits the same; the organization is not against
public policy, public order, good customs and morals. In fact, the management of the business
should encourage their employees to join the different organizations that would surely help them
develop as better persons.
Section 9. Private property shall not be taken for public use without just compensation.
Pertains to one of the inherent powers of the government which is the power of eminent
domain. The following elements should be noted: a. taking of a private property; b. the taking is
for private purpose and; c. there must be just compensation.
Section 10. “No law impairing the obligation of contracts shall be passed.”
(Law on obligation and contracts will be discussed further in Midterm Topics)

CITIZENSHIP
 Another constitutional provision that should be given emphasis in the
hospitality industry is the citizenship. It is the status of a person recognized under
the custom or law of a sovereign state as a member of or belonging to the state.

Who are classified as Philippine citizens?

Under the 1987 Philippine Constitution, Article IV, Section 1, it states that:The following
are citizens of the Philippines:

1. Those who are citizens of the Philippines at the time of the adoption of this Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority; and
4. Those who are naturalized in accordance of law

What are the modes in acquiring Philippine citizenship?

There are two (2) generally recognized forms of acquiring Philippine citizenship:

1.Filipino by birth

a. Jus soli (right of soil) which is the legal principle that a person’s nationality at birth is
determined by the place of birth (e.g. the territory of a given state)

b. Jus sanguinis (right of blood) which is the legal principle that, at birth, an individual
acquires the nationality of his/her natural parent/s. The Philippine adheres to this principle.

2. Filipino by naturalization which is the judicial act of adopting a foreigner and clothing him
with the privileges of a native-born citizen. It implies the renunciation of a former nationality and
the fact of entrance into a similar relation towards a new body politic (2Am.Jur.561,par.188).

NATIONAL ECONOMY AND PATRIMONY

The 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.

a. A more equitable distribution of opportunities, income, and wealth;

b. A sustained increase in the amount of goods and services produced by the nation for the
benefit of the people; 
c. And an expanding productivity as the key to raising the quality of life for all, especially
the underprivileged.

To attain the goals of 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, and which are competitive in
both domestic and foreign markets. However, the State shall protect Filipino enterprises against
unfair foreign competition and trade practices. (Section 1, Article12, 1987 Constitution)

Nationalized Industries through Capital Restriction

Section 10, Article 12, 1987 Constitution

1. 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.
2. The 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, the State shall give preference to qualified Filipinos.
4. The State shall regulate and exercise authority over foreign investments within its
national jurisdiction and in accordance with its national goals and priorities.

Section 11, Article 12, 1987 Constitution

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 corporations or associations
organized under the laws of the Philippines, at least sixty per centum of whose capital is owned
by such citizens; 
6. The State shall encourage equity participation in public utilities by the general public.
The participation of 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.

Section 12, Article 12, 1987 Constitution

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.

THREE INHERENT POWERS OF GOVERNMENT

The national and the local government in their initiative to promote the tourism industry
in our county must be equipped with powers necessary for its realization.

1. POLICE POWER is the power of promoting the public welfare by restraining and
regulating the use of both liberty and property of all the people. It is considered to be the
most all-encompassing of the three powers. It may be exercised only by the government.
The property taken in the exercise of this power is destroyed because it is noxious or
intended for a noxious purpose.

Example: As an exercise of the police power, the government can order the
closure of business establishment if it finds that such is loathsome or
harmful to the public.

2. POWER OF EMINENT DOMAIN is the power of the government to forcibly acquire

private property for public purpose and after payment of just compensation. The
government can only order the demolition of the business establishment directly affected
by its project after giving just compensation to the owners of the mentioned above
business establishment.

3. Power of Taxation. The power of taxation is the power of the government to acquire
revenues. Relevant to this is the power to destroy. In order to limit the establishment of
business which may be front for prostitution, the government could regulate it by means
of imposing higher taxes. Taxation also served as the bread and butter of the government.

References:

Book:
Pertinent Laws on Hospitality Management (Tourism Laws)(Marahan, Mario H., DPA, LIB ,
Maranan, Jovid Maricar D., DBA , Caluza, Cristina N., MBA)

Websites:
https://www.yourarticlelibrary.com/essay/law-essay/law-meaning-features-sources-and-types-of-
law/40363
https://tamayaosbc.wordpress.com/2014/06/20/bill-of-rights/
1987 Philippine Constitution Article 3 - Bill of Rights
http://www.immigration.gov.ph/faqs/citizenship#:~:text=Foreign%20nationals%20who
%20were%20born,current%20citizenship%20of%20the%20applicant.