Republic of the Philippines

JOSE RIZAL MEMORIAL STATE UNIVERSITY

The Premier University in Zamboanga del Norte
Dipolog Campus, Dipolog City

LEGAL ASPECTS IN TOURISM AND HOSPITALITY

MIDTERM EXAMINATION

I. True or False

Instruction: Write “True” if the statement is true or “False” if the statement is false.

1. Ventilation refers to an easement of natural light and allowance of circulations of fresh air unobstructed by
erections and constructions.
2. Pension house is a lodging establishment catering to transients which does not meet the minimum
requirements of an economy hotel.
3. A private carrier is one which is not in the business of transporting public employment, but hires out to deliver
goods in particular cases.
4. Certificate of public convenience is a requirement for a common carrier in order to incur liability.
5. The liability of the common carriers can be enforced based on culpa contractual or culpa aquiliana.
6. Generally, the debtor can be held liable for the delay or default in the fulfillment of his obligation only after the
creditor has made a demand, judicial or extrajudicial.
7. An obligation with a period is one which the consequences are subject in one way or another to the expiration
of the said period or term.
8. The Air Transportation Office (ATO) is primarily charged with the technical and operational phases of civil
aviation matters.
9. A contract of agency is one which a person binds himself to render some service or to do something in
representation or on behalf of another, with the consent or authority of the latter.
10. A corporation is an artificial being created by the operation of law, having the right of succession and the
powers, attributes and properties expressly authorized by law or incident to its existence.

II. Identification

1. It has been defined as the custom or practice of travelling for pleasure, as well as the promotion by the
establishment of countries to attract tourist.
2. It is the standard of care required to be observed by the common carriers in the vigilance over the goods and
for the safety of the passengers transported by them.
3. These are privately owned and operated businesses whose service is essential to the general public.
4. It is a juridical necessity, to give, to do or not to do.
5. It is the primary policymaking, planning programming, coordinating and administrative entity of the executive
branch of the government in the development of tourism industry, both domestic and international.
6. These are persons, corporations, firms or occasions engaged in the business of carrying or transporting
passengers or goods or both, by land, water, or air, for compensation, offering their services to the public.
7. These refer to the decisions of the Supreme Court in interpreting the laws of the Constitution.
8. It is a law which hears before it condemns; which proceeds upon inquiry, and renders judgment after trial.
9. It is a meeting of minds between two persons whereby one binds himself, with respect to another, to give
something or to render some service.
10. It is a stipulation giving power to the creditor to automatically appropriate the thing given as security, if the
principal obligation is not fulfilled without any formality, such as foreclosure proceeding and public sale.

III. Enumeration

1. Give the three (3) government agencies which have the authority to grant certificate of public convenience.
2. Give the two (2) causes of action on which the liability of the common carrier can be enforced.
3. Give the four (4) elements of an obligation.
4. Give the three (3) elements of a contract.
5. Give at least two (2) sources of obligations.
6. Give at least two (2) secondary classification of obligations under the Civil Code.
7. Give at least four (4) sources of law relevant to the Tourism Industry
IV. Abbreviation

1. NHI 6. TIEZA
2. NEDA 7. NCCA
3. PAGCOR 8. DOT
4. DOLE 9. LRTA
5. CAB 10. DOTC

V. Case Problem

Jopay, Onyok, Sisa, Empoy and Rizal are general partners and formed JOSE Rizal Company contributing the
following: (a) Jopay = P24,500; (b) Onyok = P15,000; (c) Sisa = P35,000; (d) Empoy = P12,500; (e) Rizal =
P13,000. The partnership is indebted to the following: (a) Bonifacio = P44,000; (b) Luna = 36,000; (c) Aguinaldo =
P20,000 and (d) Rizal = P10,000 (a partner in JOSE Rizal Company). The partners agreed that the profit or loss
shall be divided equally by them. The Gross Capital upon dissolution is P260,000.

1. In case of liquidation, how much should Rizal recover? (5pts)

2. In case of liquidation, how much should Jopay recover? (5pts)
3. In case of liquidation, how much should Sisa recover? (5pts)
4. In case of liquidation, how much should Empoy recover? (5pts)
5. In case of liquidation, how much should Onyok recover? (5pts)