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The document provides an overview of tourism law, defining law as a set of enforceable rules that regulate behavior within society. It outlines the characteristics of law, the concept of tourism law, and its importance in various sectors such as hospitality and travel. Additionally, it discusses the sources of law relevant to the tourism industry, including the Philippine Constitution, statutes, administrative orders, judicial decisions, and customs.

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36 views4 pages

Thc8 Reviewer

The document provides an overview of tourism law, defining law as a set of enforceable rules that regulate behavior within society. It outlines the characteristics of law, the concept of tourism law, and its importance in various sectors such as hospitality and travel. Additionally, it discusses the sources of law relevant to the tourism industry, including the Philippine Constitution, statutes, administrative orders, judicial decisions, and customs.

Uploaded by

chrisphybatchi28
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Introduction to Tourism Law

What is LAW?
is a set of rules that are created and are enforceable by social or governmental institutions
to regulate behavior (Wikipedia)
is a system of rules created and enforced by social or governmental institutions to regulate
behavior, maintain order, and establish norms within a society.(juristopedia.com)

CHARACTERISTICS OF LAW
1. IT IS A RULE OF CONDUCT- If there is no law in the society, there will be chaos or disorder.
Because there is a law, order is established as people conduct themselves accordingly.
2. It is Just and Obligatory- Laws must be applied to people “similarity situated.” The penalty
imposed by law must be commensurate to the wrongful act committed by a person. Thus, it
would be unjust if the penalty for violating the “no J-walking ordinance is life imprisonment.
The law is obligatory because of the penalty or legal consequence it provides.
3. It is Common Observance and Benefits- Laws are promulgated for the welfare of the
people. This is based on the Latin maxim “Salus Populi est Suprema Lex” (The welfare of the
people is the Supreme Law). No law therefore shall be passed to endanger people.
4. It is Promulgated by Legitimate Authority- It is necessary that the person who creates the
law must have the power or authority to do so. The Constitution of the Philippines vests this
power to the Congress of the Philippines.

CONCEPT OF TOURISM LAW


Tourism- is defined as the custom or practice of travelling for pleasure, as well as the
promotion by the establishment of countries to attract customers.
WTO- defines tourism as the activities of persons travelling to and staying in places outside
their usual environment for not more than once consecutive year for leisure, business, and
other purposes.
Tourism law- may be defined as a body of rules or principles of actions which deals with the
regulation, authority, relations, and obedience among members of a society involved in
tourist travel and accommodation.

TOURISM LAW
It includes persons travelling from place to place for pleasure and business establishments or
persons engaged in the occupation of providing various services for tourists.

It applies to various sectors such as hospitality, travel trade, attractions, MICE, academe,
labor, and the public sector.

What then is the importance and application of tourism law?

Sources of Law to the Tourism Industry

1. The Philippine Constitution- Is the fundamental law of the land, to which all other laws
must conform
2. Statutes or legislative enactments- Is the written will of the legislative department
rendered authentic by certain prescribed forms and solemnities, prescribing rules of action ,
or civil conduct with respect to persons, things, or both.
Examples: Revised Penal Code of the Philippines, Labor Code of the Philippines, Dangerous
Act, Public Service Act
3. Administrative Order, or Executive Orders, regulations- These are issued by
administrative officials under legislative authority.
Examples:
 Rules and Regulations promulgated by the Secretary of Tourism to Govern the
Accreditation of Hotels, Tourist Inns, Motels and other Accommodation Establishments
in the Philippines
 BIR rulings
 Administrative issuances by the DFA

Administrative Order/Executive Order


Administrative Orders are formal directives or regulations issued by executive authorities,
such as the President, government departments, or administrative agencies, to implement,
enforce, or clarify laws and policies within their jurisdiction.

Executive Orders (EOs) are official directives issued by the President of the Philippines to
manage the operations of the government and enforce laws. Executive Orders hold the force
of law, provided they fall within the scope of the President's constitutional and statutory
authority.

Examples of AO

 Presidential Administrative Orders: Directives issued by the President to address


specific government operations or policies.
*Administrative Order No. 39 (2013): Mandates government agencies to migrate to digital
transaction systems.
 Department Administrative Orders (DAOs): Issued by department secretaries to
regulate and manage functions within their respective sectors.
*Department of Health Administrative Order No. 2020-0042: Guidelines on health
protocols during the COVID-19 pandemic.
 Local Government Administrative Orders: Issued by local government units (LGUs) to
manage local administrative affairs, provided they align with national laws.
*Administrative Order on Curfew Implementation: A mayor issues an administrative order
enforcing a city-wide curfew for minors from 10:00 PM to 5:00 AM to address juvenile
delinquency and maintain peace and order.

4. Judicial decisions- These refer to the decisions of the Supreme Court in interpreting the
laws of the Constitution.
5. Custom/s- It is a rule of conduct which in a given place among given groups of people, has
been followed for an appreciable time.
Custom: Local festivals (fiestas) celebrate patron saints, harvests, or historical events and are
significant tourist attractions.
Tourism Law Impact: Local Government Code of 1991 (Republic Act No. 7160):Empowers
LGUs to regulate festivals to balance tourism promotion and public order.Laws ensure crowd
management, public safety, and environmental cleanliness during festivals.
The Three Branches of Government
1. Executive Branch- Article VII, Section 1, of the 1987 Constitution vests executive power on
the President of the Philippines. The President is the Head of State and Head of
Government, and functions as the commander-in-chief of the Armed Forces of the
Philippines. As chief executive, the President exercises control over all the executive
departments, bureaus, and offices.
The Executive Power or the power to execute, enforce or implement the law.

2. Legislative Branch- The Legislative Power or the power to make, revise, repeal or amend
the law. This power is vested to the Congress of the Philippines which is composed of the
Senate and House of Representatives; except to the extent reserved to the people by the
provision on initiative and referendum.
The law passed by the congress is called Statute. A Bill on the other hand is not a law but it
is just a proposal or a draft.
3. Judicial Branch- The Judicial Branch, led by the Supreme Court, interprets laws and
ensures fair application, upholding the rule of law

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