Module 2 Constitutional Provisions Relative to Tourism Related Establishments (TREs)

Week 3
2.1 Essence of Right to Privacy
2.2 Privacy of Communication and Correspondence
2.3 Exception of right to privacy
2.4 RA 4200 Anti-Wire Tapping Act
2.5 RA 9995 Anti-Photo and Video Voyeurism Act of 2009
2.6 Right to Travel
Learning Objectives
At the end of this topics the student will be able to
1. Recognize the importance of the right to privacy & Right to Travel in relation to TREs
2. Understand privacy of communication and correspondence in relation to TREs
3. Identify the different exception on a person’s right to privacy
4. Be familiar with RA 4200 and how a tourism practitioner might violate said act
5. Appreciate RA 9995 in relation with how it could be violated in the tourism industry

Module Check List

Content Tasks Date Completed
Lesson Read and Understand
Readings for Module 2 Case of City of Manila GR
No. 118127, April 12, 2005
(Due Process)

RA 4200 Anti-Wiretapping
Act

RA 9995 Anti-Photo and

Video Voyeurism Act of
2009
Formative Assessment Answer the Activity

Lesson

A future tourism practitioner must understand that there are Constitutional provisions that
applies to them as practitioners, on how to deal with their clients, each other, and the
government. Some provisions are specifically found in Article III of the 1987 Constitution, most
commonly known as the Bill of Rights.

Article III, Sec. 1 of the 1987 Constitution states that, “No person shall be deprived of life liberty
and property without due process of law, nor any person shall be denied of equal protection of
the law.”

Relevance to the hospitality and tourism industry:

As the hospitality and tourism industry are composed of several business establishments
comprising of the tourism components, an owner or general manager of a TRE should know that
the physical establishment or property and facilities cannot be confiscated or seized by the
government without due process of law, it means that if there is due process then the government
can confiscate or seized TREs’ physical establishment or property and facilities.

In addition, property in its broadest term may also mean “employment”. The Supreme Court
ruled that employment is not merely a contractual relationship; it has assumed the nature of a
property right”, and as such is protected by the Constitutional guaranty of Due Process.

Due Process
It is the right to notice of any violation, misdemeanor, or offense that a person had allegedly
committed and the person’s opportunity to be heard.

Due Process Clause

• No employee can be dismissed without due notice and hearing.

• The government cannot order stoppage of any business activity, including tourism
activities, without due process and hearing.

Equal Protection Clause

It means that people of like situations, circumstances, and conditions must be treated alike both
as to rights conferred and liabilities enforced.

Eg

A has a travel agency earning P2million a year and B also has a travel agency also earning
P2million a year, They both have travel agencies, they both are earning the same amount, thus
with regards to their tax liabilities it must be of the same rate as they both are of like situations,
circumstances, and conditions.

Article III, Section 2

The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures 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.

Relevance to the tourism and hospitality industry

As future hospitality personnel you may encounter the need to treat the personal effects of your
guests as highly confidential and as such should any person, private or otherwise, would attempt
to secure or seized the same, without consent or knowledge of the owner of the personal effects.

In addition, there might be instances that a guest of your property shall be arrested, you must
know when the arrest is valid or not.
Privacy of communication
Correspondence made in writing or any communication provided in confidence cannot be
intercepted or intrude by the government or their agencies.

Hotel records cannot be shared to anybody, even a government representative, unless there is
court order in form of a search warrant given to the peace officer that can lawfully be taken or
have copied by the police officer.

As a rule, no personal effects shall be seized or be taken into custody without a valid search
warrant.

For a search warrant to be valid the following must be observed:

1. Must be in writing
2. Signed by a judge directed to a peace officer
3. Commanding peace officer to search for personal property and bring it to court

A person may conduct a valid warrantless search on the following instances:

1. The owner consent or allowed the search, waiving his right for a valid search warrant
2. If the search is due to a lawful arrest
3. If the transportation vehicle holds contraband goods, the officer reasonable cause to
believe that the illegal goods are in the said vehicle, and a search warrant cannot be
issued without difficulty
4. The illegal goods are in plain view or can easily be seen and secure
5. Incidental to inspection, supervision, and regulation in the exercise of Police Power such
as inspection in restaurants by health officers.
6. Routine searches made at the border or ports of entry in the interest of national law and
enforcement of customs and immigration laws

Issuance of warrant of arrest

1. Issued upon probable cause
2. Determined personally by a judge
3. Examination under oath affirmation by the one who filed a complaint and witnesses the
complainant may produce
4. Particularly describing the person to be arrested

A person may be arrested without a valid warrant of arrest under the following circumstances:
1. Any person sees or have actual knowledge that the person to be arrested has committed,
is actually committing, or is attempting to commit an offence
2. An offense had been proven to have been committed, the person has personal knowledge
(not hearsay) of facts indicating unequivocably that the person to be arrested has
committed the offense
3. A person may arrest someone who escaped from jail, either serving a final judgment or
temporarily confined pending the promulgation of his case, or has escaped while being
transferred from one confinement to another

Article III 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 law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.

The Essence of the “Right to Privacy” is simply put as the “Right to be left Alone”

Illustration:
A and B checked in at ABC Hotel, not knowing that C, the spouse of A, were tracking them. C
demanded to know the room number of A and B.

The front desk officer did not provided the details C wants.

Was the front desk officer correct in withholding the information?

Yes, the front desk officer is correct. Without a lawful order from the court, or when public
safety and order does not require divulgence of information, C cannot demand to be provided the
information.

There are many provisions in the constitution and also laws that protects the right to privacy,
such as:
1. Article III sec 2 – provision on search warrant and warrant of arrest
2. Civil Code of the Philippines Article 26 states that “Every person shall respect the
dignity, personality, privacy, and peace of mind of his neighbors and other persons”
3. RA 4200 also known as the Anti-Wiretapping Act
4. RA 9995 or the Anti-Photo and Video Voyeurism Act of 2009

RA 4200 Anti – Wiretapping Act

• Provides that no recording shall be done without the consent of all parties involved to any
privately spoken words, or tap any wire or cable, or by any other means overhear
secretly, intercept or records such communication.
• Government and any of it agencies as well as private individuals may be. sued for
violation of this law
• Government can wiretap a private conversation upon prior written order of the court,
intercepting or recording private conversations believed to be for the purpose of
committing the following:
1. Treason
2. Espionage
3. Provoking war
4. Disloyalty in case of war
5. Piracy, mutiny on high seas
6. Rebellion
7. Conspiracy and proposal to commit rebellion
8. Inciting to Rebellion
9. Sedition
 10. Conspiracy to commit sedition
11. Inciting to sedition
12. Kidnapping

These above – mentioned crimes are exclusive, meaning any other crimes or violations cannot be
lawfully tapped.

RA 9995 Anti-Photo and Video Voyeurism Act of 2009

This special law makes it illegal to do the following:

a. Take photo of parties engage in sexual activities
b. Take videos of parties engage in sexual activities
c. Capture an image of private areas of any person (e.g. naked bodies, or undergarment clad
genitals, pubic area, female breast)
Without the consent of party or parties involved and under the circumstances in which the
person/s has a reasonable expectation of privacy.
d. Copy or reproduce such photo or video recording with or without consideration shall
likewise be prohibited even if the parties involved consents to reproduce the same.
e. Selling of sex video and above-mentioned photos shall also be prohibited
f. Publishing, broadcasting, uploading in the in the internet, exhibit or show the photos or
video recordings, even thru mobile phones and other multimedia platform is prohibited
even if the person/s involved in the same consents.

Article III, 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.

The relevant part of this provision would be the Right to Travel.

As a general rule the “Right to Travel” shall not be impaired.

Below are the exception to the general rule:

1. Interest of national security
2. Interest of public safety
3. Interest of public health

The Philippines has the right to impair travel of individuals that it deemed a threat to national
security, public safety, and public health.

e.g.

Upon determination of the BID that the person, who happens to hold a tourist visa, entering the
country is a known fugitive, the BID has the right to disallow entry to the country.
The government may close a tourism related establishment, like a hotel, if upon inspection it is
proven that the integrity of the property is questionable, for the safety of the public the
government may order closure and as such nobody may travel to that particular TRE.

If a destination have health issues, such as dengue outbreak, polio, other communicable diseases,
although the people generally has the right to travel, the government may impair said right for
the interest of the public health. The government can close all ports of entry for the general
welfare of the people.

References

Laws in the Hospitality Industry (The Philippine Tourism Laws Simplified) Revised Edition by
Atty. Tranquilino R. Cagurangan, Jr. BSC, LLB)

Legal Aspect in Tourism and Hospitality by Maranan, Maranan, Caluza, and Dela Cruz

RA 4200 Anti-Wiretapping Act

RA 9995 Anti- Photo and Video Voyeurism Act of 2009

Article III of the 1987 Constitution (Bill of Rights)