Legal Aspects in Tourism

and Hospitality
Spencer Christen R. Suarez
Week 2
 Bill of Rights

• “declaration of rights” or a charter of rights.

• These are the list of the most important rights to the citizens of a country.
• The purpose is to protect these rights against infringement from public
officials and citizens of a country.
 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.
• Every person must be notified of the offense that he allegedly committed. He must be given
an opportunity to be heard.
• Due process of law has two-fold aspect to wit:
• Procedural due process – refers to the method by which the law is enforced.
• Substantive due process – it requires the fairness, justness, and reasonableness of the law itself.
 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.
 Search Warrant and Warrant of Arrest

• Search warrant
• An order in writing, issued in the name of the Philippine of the Philippines, signed by a
judge and directed to a peace officer, commanding him to search for a certain personal
property and bring it before the court.

• Warrant of Arrest
• Issued upon the probable cause to be determined personally by the judge after
examination under oath affirmation of the complaint and the witnesses he may
produce and particularly describing the person to be arrested
 Instances wherein Search and Seizure may be
made
• There is consent or waiver.
without Warrant
• Search incident to a lawful arrest.
• In case of contraband or forfeited goods being transported by ship, automobile or
other vehicle, where the officer making it has reasonable cause for believing that
the latter contains them, in view of the difficulty attendant to securing a search
warrant.
• Plain view or open to eye and hand.
• Incidental inspection, supervision and regulation in the exercise of police power
such as inspection of restaurants by health officers.
• Routinary searchers usually made at the border or at ports of entry in the interest of
national security and for the proper enforcement of customs and immigration laws.
 Instances Wherein an Arrest may be made
without Warrant
• When in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
• 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.
• When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporary confined
while is case is pending, or has escaped while being transferred from one
confinement to another.
 Section 3

• 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.
• Any evidence obtained in violation of this or the preceding section shall
be inadmissible for any purpose in any proceeding.
 LET’S OPEN THE CASE!

• A and his paramour B entered in SUGOD motel located along Avenida

without them knowing that C, the legal wife of A has been spying on them.
Upon entry in Room 69, C approached the Front desk officer in order to get
some necessary information about A and B.
• If you were the front desk officer, would you give C her desired information
about A and B?
 Answer:

• NO, the front desk officer should not give C her desired information about A
and B, unless anchored with a necessary order coming from the court.
 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.
• Public officials should not be onioned-skin since they are being paid by the public (US
vs. Bustos, 37 Phil. 731)
 Section 5

• No law shall be made respecting an establishment of religion, or

prohibiting the free exercise thereof. 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.
• Religious freedom is considered as fundamental human right. Government allows
other religious practices aside from the religion of the state.
• There is no punishment allowed for those have different faith.
 Separation of Church and State

• Article II, Sec. 6 of the 1987 Constitution is emphatetic that the separation of
church and states shall be inviolable.
• This means that the church cannot intervene on matters purely
governmental act, while the government likewise can not meddle with the
church on the latters purely ecclesiastical affairs.
 Ebranalig, et.al. vs. The Division Superintendent
of Schools of Cebu (May 1, 1993)

• The court held the petitioners cannot be expelled for refusing to salute the
flag, recite the patriotic pledge or sing the national anthem in order to
follow their religious beliefs.
 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.
 Let’s Open a Case!

• Spencer Suarez wanted to visit Sagada, Mt. Province. However, the

municipality of Sagada passed an ordinance banning tourists from entering
the town due to the outbreak of COVID-19. Can Spencer question the said
ordinance on the ground that constitution of the Philippines is clear as to
the non-impairment on his right to travel?