The Need to Study Philippine Tourism Laws

There has been a moment that in one part of our lives, we became travelers or tourists. This is the reason why studying tourism laws is imperative because this will definitely benefit you, in one way or another.

Why Do We Need to Study Philippine Tourism Laws1. The Philippines is governed by many statutes,

administrative orders, judicial decisions, rules and regulations.

2. It is imperative to take a closer look on these which affect our tourism industry. The growth and development of the tourism industry is imperative in the context of regional and countryside development.

3. It generates employment, trade and business opportunities. It also promotes strong backward and forward linkages with other industries such as transport, real estate and property development-- hotels/resorts, gift shops, restaurants, jewelry, and construction among others

What is the effect if there is no Tourism Laws?

Our country might be exposed in any acts of TERRORISM:

We will not forget what happened during the December 30, 2000 Light Railway terrorist attack, also known as the Rizal Day Attack where many have died and one hundred victims injured. These victims’ only concern was to avail of the enjoyment of traveling from one place to another through the convenience of the Light Railway Transit, one of the fastest transportation vehicles in Metro Manila. Would it have made a difference if the LRT management strictly followed security measures in order to deter such attacks?

What is the effect if there is no Tourism Laws? The explosion of Newman Goldliner

air-conditioned bus traveling in Makati City on January 25, 2011, where it was confirmed that 4 people were killed, and 14 others wounded. What do you think should have been the security measures that the bus company would have done to prevent such attack? Which government agency would have been responsible so that the same incident would not happen again or at least be minimized?

What is the effect if there is no Tourism Laws? THE OIL SPILL IN THE GUIMARAS ISLANDS.

The oil tanker M/T Solar I, carrying more than two million liters of bunker fuel, sank on August 11, 2006 at the Guimaras Strait off the coast of the Guimaras and Negros Occidental provinces, causing some 500,000 liters of oil to pour into the strait. Such oil spill has now adversely affected marine sanctuaries and mangrove reserves in three out of five municipalities in Guimaras Island

What is the effect if there is no Tourism Laws? THE 2007 GLORIETTA EXPLOSION. This occurred

in the Glorietta 2 section at Ayala Center in Makati, Metro Manila on October 19 2007. The blast killed eleven and injured at least 126 persons. The most probable cause, according to authorities, was the accumulation of methane gas in the building's septic tanks, as well as other combustible materials in its basement. Authorities, however, are not ruling out the possibility of a terrorist attack and are still investigating the incident to discover the true cause of the explosionansfer the ownership of the thing at the time it is delivered.

What is the effect if there is no Tourism Laws?

The sinking of the MV Princess of the Star made the Philippine Coast Guard and the owners of Sulpicio Lines in a very bad light. Whoever is responsible for the death and injury of the passengers in MV Princess of the Star, you cannot however remove the fact that tourism laws still play a vital part in assessing the responsibilities and liabilities, not only the ship captain and owner of the MV Princess of the Star, but also the proper government agency.

Why is there a need to study tourism laws? These are the four (4) reasons:

First, it protects the rights of travelers and tourism workers. Every Filipino has at least experienced becoming a traveler in one part of his life. It would be worthwhile to take a closer look on the different statutes governing these rights.

Second, to preserve tourism resources where future generations can enjoy. We know that as responsible Filipinos, we can be instrumental in being part of this endeavor of preserving tourism resources such as our infrastructure, natural and human resources, museums, art collections, etc. so that our children, grand children, great grand children, great grandchildren would be happy and delighted to enjoy them.

Why is there a need to study tourism laws?

Third, to provide better tourism services. I have been working with practitioners, entrepreneurs and businessmen in the tourism industry. And one thing I have observed is that they have this mission of providing excellent service to the Filipino people. I admit, our country is not perfect. We all have our differences. But at least tourism laws will provide a strong foundation of improving tourism services to enhance our Filipino values and culture.

Lastly, to promote growth of the tourism industry. In this regard, tourism laws will be instrumental in helping our government generate income for our country’s survival and growth so that we can compete in a global economy.

Tourism law• May be defined as a body of rules or

principles of action which deals with the regulation, authority, relations and obedience among members of a society involved in tourist travel and accommodation.

• It includes persons traveling from place to place for pleasure (tourist), and business establishments or persons engaged in the occupation of providing various services for tourists.

II. INTRODUCTION TO LAWWhat is Law? • May be defined as the principles and regulations

established in a community by some authority and applicable to its people, whether in the form of legislation or of customs and policies recognized and enforced by judicial decision.

• It is a rule of action or any system of uniformity. • It determines not only the activities of men as

rational beings but also the movements or motions of all objects of creation, whether animate or inanimate.

• It is a system of rules that govern a society with the intention of maintaining social order, upholding justice and preventing harm to individuals and property.

TWO (2) DIVISIONS OF LAW

1. LAW in the STRICT LEGAL SENSE – promulgated and enforced by the state

2. LAW in the NON-LEGAL SENSE- not promulgated and enforced by the state

• The 1st refers to STATE LAW and the 2nd includes Divine Law, Moral Law, Natural Law and Physical Law

• Note: State law, divine law, moral law and natural law are comprised in the definition of the law as a rule of action.

CONCEPTS OF STATE LAW

•In its GENERAL/ABSTRACT SENSE – the mass of obligatory rules established for the purpose of governing the relations of persons in society.

•In its SPECIFIC SENSE – a rule of conduct, just, obligatory promulgated by legitimate authority and of common observance and benefit.

Characteristics of LAW• It is a rule of conduct – the law tells us what

shall be done and what shall not be done; takes cognizance of external acts only

• It is obligatory – law is considered a positive command imposing a duty to obey and involving a sanction which forces obedience.

• It is promulgated by legitimate authority – Legislature-Congress

• It is of common observance –law is intended by man serve man. It regulates the relations of men to maintain harmony in society and to make order and co-existence.

Necessity and Functions of LAW• What would life be without LAW? Society comes into existence because its members

could not live without it. The need of internal order is a constant as the need for external defense. No society can be stable in which either of these requirements fails to be provided for.

• What does the LAW do? Law secures justice, resolves social

conflict, orders society, protects interests, controls social relations.

• What is our duty as member of the society? No society can last and continue without means of

social control, w/out rules of social order binding on its members

Sources of LAW•Constitution•Treaty•Legislation•Administrative or executive orders,

regulations and rulings•Judicial decisions or jurisprudence•Customs and traditions•Other sources like principles of justice

and equity, decisions of foreign tribunals, opinion of textwriters and religion

Constitution•It is a written instrument by which the

fundamental powers of the government are established, limited and defined and by which these powers are distributed among the several departments for their safe and useful exercise for the benefit of the people.

Sources of LAW•TREATY - It is a compact made between

to or more independent nations with a view to a public welfare.

•CUSTOMS – it consists of those habits and practices which through long and uninterrupted usage have become acknowledged and approved by the society as binding rules of conduct.

•LEGISLATION- it consist in declaration of rules by a competent authority.

1. Certainty of price – the price of the thing sold must be certain otherwise, the sale is void by reason of the absence of meeting of minds between the parties. Price is considered certain under the following rules:

a. If the parties have agreed upon a definite amount for the sale.

Problem: S sold to B a specific wristwatch. The parties agreed that B will pay P2,550.50 for it. Is the price certain?

Answer: The price is certain because the parties have agreed on a definite amount for the thing sold.

Fixing of the price by one contracting parties- cannot be left to the discretion of one of the contracting parties. However, if the price fixed by one of the parties is accepted by the other, the sale is perfected.

b. If it be certain with reference to another thing certain. (Art. 1469)Problem: S sells to B a certain ring the price of which is the price of 20 bags of Island cement being sold at a certain store. Is the price certain?Answer: Yes

NATIONAL TERRITORY

NATIONAL TERRITORY

at the moment there is meeting is a meeting of minds upon the thing which is the object of the contract and upon the price

from that moment, the parties may reciprocally demand performance, subject to the provisions of law governing the form of contracts. (Art. 1475)

Ownership of the thing sold is transferred •Upon the actual or constructive delivery

thereof (Art. 1477)

•It is important to determine the party who shall bear the loss

•Parties may stipulate that ownership in the thing sold shall not pass to the purchaser until he has fully paid the price (Art. 1478)