Study Guide

- What is law?

- What are the characteristics of law?

- What are the sources of law?

- What are the 3 branches of the Philippine government?

- What is Tourism Law?

- Importance of studying tourism law.

- Laws that are related to tourism and hospitality management.

ANSWER:

1. Law are a system of rules and regulations created and enforced by a governing authority to regulate behavior
within a society. It sets standards for acceptable conduct, defines rights and responsibilities, and provides a
framework for resolving disputes {conflict or disagreements}. The purpose of law is to maintain order,
protect individual and societal interests, and ensure justice.
2. 1. Rules of law are social: Law controls and regulates the relations among people living in a society. It is
concerned only with the external conduct or behavior of individuals, and has nothing to do with internal
thoughts and beliefs. It is only when a person comes to act upon such beliefs that law can interfere.

2. Rules of law are general: Law is generally applicable. It is applied in all cases and to all persons. The rule
doesn't address a specific person and doesn't include a specific act.

3. Rules of law are enforced by sanctions: People are invited to obey law voluntarily, if not, they are
compelled to do so by means of sanctions applied by the state.
3.

Constitutions Common law Legislation

Case law Treaties Customs
Statutes Administrative laws and Judicial branch
ordinances
Legislature Administrative rules and Canon law
regulations
Other sources Powerful nature of case law Binding precedent
Codified laws Model Penal Code Sources of law
Stare decisis Equity Executive branch
Law Statutory Supreme legislation
Primary Sources of Law:
a. Legislation: Laws created by legislative bodies, such as parliaments or congresses. These can
include statutes, acts, codes, and ordinances.

b. Constitution: The fundamental law of a nation, outlining the structure of the government, the
distribution of powers, and the rights of individuals.

c. Custom: Customary law refers to unwritten traditions and practices that have developed over time
within a community and are considered binding.

d. International Treaties and Conventions: Agreements between different nations that establish
rules and obligations between them. Treaties can become part of domestic law through ratification.
Secondary Sources of Law:
a. Case Law (Common Law Systems): Legal decisions and interpretations made by judges in previous
cases. Precedents set by higher courts are often binding on lower courts.

b. Legal Commentary and Journals: Academic writings, commentaries, and legal literature that
interpret and analyze legal principles and decisions.

c. Legal Encyclopedias and Dictionaries: Comprehensive references that provide explanations and
summaries of legal concepts.

d. Legal Precedents (Civil Law Systems): In civil law systems, legal codes and statutes are primary
sources, and judicial decisions are not binding precedents. However, past decisions may be considered persuasive.

Customary Sources:
a. Religious Texts: In some legal systems, religious texts may play a role in shaping laws, especially in
matters of personal status, family law, or moral conduct.

b. Equity and Fairness: Principles of equity, fairness, and justice may influence legal decisions,
especially in common law systems.

4. Executive Branch:
a. The President of the Philippines is the head of state and government.
b. The executive branch is responsible for implementing and enforcing laws, as well as managing the
day-to-day affairs of the government.
c. It includes various departments and agencies tasked with specific functions, such as the Department
of Justice, Department of Finance, and Department of Education.
Legislative Branch:
d. The Philippine Congress, a bicameral legislature, is responsible for making laws.
e. It consists of two houses: the Senate and the House of Representatives.
f. The Senate has 24 members who are elected nationally, while the House of Representatives has
members elected from different legislative districts.
g. The Congress is responsible for proposing, debating, amending, and passing laws.
Judicial Branch:
h. The judicial branch interprets laws, resolves legal disputes, and ensures that laws comply with the
Constitution.
i. The Supreme Court is the highest court in the country, serving as the final arbiter in legal cases.
j. Lower courts, such as the Court of Appeals and regional trial courts, handle cases at various levels.
5. Tourism law indicates the body of legal principles, regulations, and frameworks that govern the travel and
tourism industry. It embrace a wide range of legal issues and considerations related to the development,
operation, and regulation of tourism activities.
6. Tourism law helps individuals and businesses in the industry understand and comply with the legal
requirements and regulations governing their operations. This knowledge is crucial for avoiding legal pitfalls,
ensuring ethical practices, and obtaining necessary licenses and permits.
Tourism law plays a vital role in safeguarding the rights and interests of tourists. By studying tourism law,
individuals and businesses can ensure fair and transparent dealings with customers, implement proper
disclosure practices, and protect consumers from fraudulent or unfair practices.
Understanding the legal aspects of tourism enables industry professionals to assess and manage risks
effectively.
7. Licensing and Regulation:
 Laws regulating the licensing and operation of hospitality businesses, including hotels, restaurants,
bars, and travel agencies.
Employment and Labor Laws:
 Regulations governing employment relationships within the hospitality industry, covering issues such
as working hours, wages, employee benefits, and workplace safety.
 Compliance with anti-discrimination and equal opportunity laws.
Consumer Protection:
  Laws protecting the rights of consumers in the hospitality sector, including regulations related to fair
pricing, accurate advertising, and disclosure of terms and conditions.
 Consumer protection laws may also address issues like reservation cancellations and refunds.
Intellectual Property:
 Protection of trademarks and branding associated with hospitality businesses.
 Compliance with copyright laws for materials such as menus, promotional materials, and website
content.
Contract Law:
 Formation and enforcement of contracts between hospitality businesses and various stakeholders,
including guests, suppliers, and employees.
 Consideration of terms and conditions in service contracts and agreements.
Food Safety and Hygiene:
 Compliance with regulations ensuring the safety and hygiene of food and beverages served in
hospitality establishments.
 Adherence to health inspections and sanitation standards.
Alcohol Licensing and Regulation:
 Laws governing the sale and service of alcoholic beverages in hospitality establishments.
 Compliance with age restrictions, licensing requirements, and responsible alcohol service practices.
Accessibility Laws:
 Compliance with laws promoting accessibility for individuals with disabilities, ensuring that
hospitality facilities are accessible to all guests.
Environmental and Sustainability Regulations:
 Compliance with laws and regulations promoting environmental sustainability and responsible
business practices within the hospitality industry.
Data Protection and Privacy:
 Compliance with laws regulating the collection, storage, and use of guest and employee data to
protect privacy and prevent unauthorized access.
Crisis Management and Emergency Preparedness:
 Development and implementation of plans to comply with laws related to crisis management,
emergency response, and guest safety.