School of Hospitality and Tourism Management

La Consolacion College Bacolod

PRELIM EXAMINATION
Second Semester, AY 2021 - 2022
HTC 9 (Legal Aspects in Tourism and Hospitality)

Name of Student: Nicko L. Dalisay Score:_________

Class Schedule    : TH 1:00 PM - 4:00 PM Date : 26/02/2022

General Instruction: Write your answers through google docs to be turned in in your classroom.
Three (3) hours will be utilized to answer the questions. Always remember, “Honesty is the Best
Policy.” May God bless you. 

Test I. Evaluation. Essay. Explain Comprehensively. Write your answers through google docs to
be turned in in your classroom.  (30 points)

1. How can you apply the course (legal aspects in hospitality and tourism) in your field in
the future? (15 pts.)

We are all aware that the tourism and hospitality industries operate inside a complex
domestic and international legal and regulatory framework. To put it simply, Legal
Aspects in Hospitality and Tourism investigates this structure and encompasses the key
legal principles that apply to hospitality, tourism, and related industries. Among its
topics are various laws on business enterprise and several international law concerns
such as consumer protection, service, and product liability, employment, and legal
access to the natural environment.

As a tourism student who hopes to work in the tourism industry after graduation, I
believe that knowing and understanding the legal aspects of hospitality and tourism will
not only prepare me for future problems or issues involving the law in my workplace or
job but also help me avoid it. If I ever get a job, knowing something about contracts and
contract law will be essential to running a hospitality business.

Having a thorough understanding of these types, such as negligence, can assist me or

the company for which I work in avoiding lawsuits. This could also imply that the only
way for this not to happen is for me to avoid actions that could result in legal
ramifications.

Criteria 5 4 3 2 1
Quality of With excellent Very informative Somewhat Gives some new Gives no new
Writing information and and well organized informative and information but information and
organized very well organized poorly organized very poorly
organized
Ideas Present ideas in an Present ideas in a Presents ideas in Ideas are too Ideas are vague or
original manner consistent manner slightly consistent general unclear
manner
 Understanding Writing shows deep Writing shows a Writing shows Writing shows Writing shows little
and clear fairly sound clear adequate understanding
understanding understanding  understanding understanding

0. Relate the saying to your future career “Ignorance of the Law Excuses No One”. (15
points)

"Ignorance of the law excuses no one from compliance therewith". This line is based on Article
3 of the Philippine Civil Code, which states that as long as a law has been published, there is a
definitive presumption that everybody recognizes the law, even if they do not have actual
knowledge of the law. In other words, this rule means that people cannot justify their actions
by claiming that they were unaware of the law. Even when people have good intentions, they
may break the law because they are unaware that they are doing something illegal.

This rule is significant to me as a student who hopes to have a stable and well-paying job in the
tourism industry in the near future because it reminds me of the importance of being aware of
the laws passed in my country and others. This enables me to be knowledgeable, aware, and
cautious of my own and other people's actions while performing my and their jobs. I want to
have a good job, help myself and my family, and achieve my dreams; therefore, I must be able
to avoid making decisions that will change the direction of my wind; as they say, prevention is
better than cure.

Criteria 5 4 3 2 1
Quality of With excellent Very informative Somewhat Gives some new Gives no new
Writing information and and well organized informative and information but information and
organized very well organized poorly organized very poorly
organized
Ideas Present ideas in an Present ideas in a Presents ideas in Ideas are too Ideas are vague or
original manner consistent manner slightly consistent general unclear
manner
Understanding Writing shows deep Writing shows a Writing shows Writing shows Writing shows little
and clear fairly sound clear adequate understanding
understanding understanding  understanding understanding

Test II. Evaluation: Case Analysis. Using the Rubrics below as your guide, discuss
comprehensively your legal opinion by citing legal articles, rules, regulations or statutes in a
given case. (50 pts.)

1. Mrs. Daniela Mondragon, the owner of Red Dragon’s Grill ( a fine dining
restaurant), entered into a contract with  Lily Cruz and  Julio Ardiente (proprietors of ML
Wine Company) with the following conditions:

“In case of failure to deliver the agreed 150 bottles of ML White Wine on or
before December 25, 2019, Lily Cruz and Julio Ardiente shall be liable to Daniela
Mondragon, joint and severally, for damages in the total amount of PhP 200,000.00.”
 ML Wine Company was not able to fulfill their obligations to Mrs. Mondragon.
During the three days that the wines were not delivered, many complaints arose from
dining customers for wines ordered out of stock. Can Mrs. Mondragon only hold Mr.
Ardiente liable for damages?

In this case, there was a contract that was agreed and with that, we must first identify
the definite elements of obligation that are present. From the case, our Active Subject is
Mrs. Daniel Mondragon, the owner of the fine dining restaurant called Red Dragon's
Grill, and the debtors or Passive Subjects that include Lily Cruz and Julio Ardiente.

Our active and passive subjects have agreed to a contract that requires our debtors to
deliver 150 bottles of ML White Wine on or before the date that was agreed, and if
failed to do the agreed obligation, both of our passive subjects will be liable to our
active subject, joint or severally, for damages in the total amount of PHP 200,000.

Now, to answer the question, this situation is called a breach of contract. Both parties
agreed to a contract but the debtors did not fulfill this obligation, thus, making the
obligors liable of damages towards the obligee and thus, have their contract enforced
on its terms and recover for the financial harm caused by the said breach. Because this
contract involves the names of Ms. Mondragon and the owners of the Wine Company,
they inevitably need to follow what is due and what was agreed in the contract.

Also, remember that in their contract, the phrase "joint and severally" was mentioned;
this defines as a partnership or any other group of individuals in which each individual
named shares responsibility equally. But if a dispute over their contract arises and
informal attempts at resolution fail, then the most common next step for Mrs.
Mondragon is to file a lawsuit against Lily Cruz and Julio Ardiente.

     

Criteria 5 4 3 2 1
Quality of Writing With excellent Very informative Somewhat Gives some new Gives no new
information and and well organized informative and information but information and
organized very organized poorly organized very poorly
well organized
Ideas Present ideas in Present ideas in a Presents ideas in Ideas are too Ideas are vague or
an original consistent manner slightly general unclear
manner consistent
manner
Understanding Writing shows Writing shows a Writing shows Writing shows Writing shows little
deep and clear fairly sound clear adequate understanding
understanding understanding  understanding understanding
Identifies the relevant Frames all of the Frames all of the Frames most of Uses the key Omits to identify
hospitality and legal issues as legal issues as the legal issues words in the the relevant legal
tourism legal issues in questions using questions using the as questions relevant issues in the factual
the factual problem material facts, elements of the using the hospitality and problem.
party names and relevant hospitality elements of the tourism Copies the facts
the elements of and tourism law. relevant law as the
 the relevant hospitality and relevant legal
hospitality and tourism law. issues
tourism  law.
Explains the Breaks down the Breaks down the Breaks down the Writes out slabs Omits to describe
relevant rules of relevant relevant hospitality relevant of the relevant the relevant
hospitality and hospitality and and tourism law into hospitality and statutes or quotes hospitality and
tourism law derived tourism elements. tourism from the relevant tourism law.
from statute and law into elements. Includes the law into judgments.
case law Includes the definitions of key elements.
definitions of key elements derived Includes the
elements derived from statute and definitions of key
from statute and case law. elements derived
case law. Includes from statute.
the facts of cases
that are similar to
the factual
problem.

0. On December 30, 2000, a series of bombs went off in Metro Manila later labeled
as the Rizal Day Bombings. A total of 22 people died including a very young boy named
Emmanuel. In this regard, the immigration authorities issued a red –alert instruction for the
temporary detention of foreigners arriving in the Philippines to enable immigration officers to
determine whether these foreigners belong to the excludable classes covered under Section 29
of the Philippine Immigration Act. All of the foreigners, including Al-Ghoz, a soft-spoken
Indonesian, were temporary detained by Immigration Authorities pending his entry in the
Philippines. Upon inspection of his bags, Al-Ghoz had in his possession bomb components. 

Can Al-Ghoz, by reason of the bomb components found in his bags, be declared
unfit for entry or admission into the Philippines?

In this case, Al-Ghoz was inspected and authorities found out that he had in his possession of
bomb components during the events of bombing back on December 30. 2000 when a series of
bombs went off in Metro Manila. Of course, this was a just action by the immigration
authorities to issue a red-alert instruction to what had happened where the foreigners coming
to the Philippines were in temporary detention and for the immigration officers to determine if
the foreigners belong to the excludable classes covered under Section 29 of the Philippine
Immigration Act. This all led down to Al-Ghoz who was again, detained for inspection.

In answering the question, as an immigrant coming to the Philippines, Al-Ghoz may be

sentenced to up to 17 years in prison for illegal possession of explosives concerning the Rizal
Day bombing incidents and also be unfit for entry or admission into the Philippines. This is
because according to the Republic Act No. 9516, Section 3, "The penalty of reclusion perpetua
shall be imposed upon any person who shall willfully and unlawfully manufacture, assemble,
deal in, acquire, dispose, import or possess any explosive or incendiary device, with knowledge
of its existence and its explosive or incendiary character, where the explosive or incendiary
device is capable of producing a destructive effect on contiguous objects or causing injury or
death to any person, including but not limited to, hand grenade(s), rifle grenade(s), 'pillbox
bomb', 'molotov cocktail bomb', 'fire bomb', and other similar explosive and incendiary
devices."
 Criteria 5 4 3 2 1
Quality of Writing With excellent Very informative Somewhat Gives some new Gives no new
information and and well organized informative and information but information and
organized very organized poorly organized very poorly
well organized
Ideas Present ideas in Present ideas in a Presents ideas in Ideas are too Ideas are vague or
an original consistent manner slightly general unclear
manner consistent
manner
Understanding Writing shows Writing shows a Writing shows Writing shows Writing shows little
deep and clear fairly sound clear adequate understanding
understanding understanding  understanding understanding
Identifies the relevant Frames all of the Frames all of the Frames most of Uses the key Omits to identify
hospitality and legal issues as legal issues as the legal issues words in the the relevant legal
tourism legal issues in questions using questions using the as questions relevant issues in the factual
the factual problem material facts, elements of the using the hospitality and problem.
party names and relevant hospitality elements of the tourism Copies the facts
the elements of and tourism law. relevant law as the
the relevant hospitality and relevant legal
hospitality and tourism law. issues
tourism  law.
Explains the Breaks down the Breaks down the Breaks down the Writes out slabs Omits to describe
relevant rules of relevant relevant hospitality relevant of the relevant the relevant
hospitality and hospitality and and tourism law into hospitality and statutes or quotes hospitality and
tourism law derived tourism elements. tourism from the relevant tourism law.
from statute and law into elements. Includes the law into judgments.
case law Includes the definitions of key elements.
definitions of key elements derived Includes the
elements derived from statute and definitions of key
from statute and case law. elements derived
case law. Includes from statute.
the facts of cases
that are similar to
the factual
problem.

Prepared by: Dr. Ismael A. Haguisan III, CGSP, LPT