You are on page 1of 36

United Nation World Tourism Organization

ARTICLE 1: Tourisms contribution to mutual


understanding and respect between peoples
and societies

The host communities, on the one hand, and local


professionals, on the other, should acquaint themselves with
and respect the tourists who visit them and find out about
their lifestyles, tastes and expectations; the education and
training imparted to professionals contribute to a hospitable
welcome.
United Nation World Tourism Organization

ARTICLE 2:Tourism as a vehicle for individual and


collective fulfilment

Tourism activities should respect the equality of men and women;


they should promote human rights and, more particularly, the
individual rights of the most vulnerable groups, notably children,
the elderly, the handicapped, ethnic minorities and indigenous
peoples.
United Nation World Tourism Organization

ARTICLE 3: Tourism, a factor of sustainable


development

The staggering in time and space of tourist and visitor flows,


particularly those resulting from paid leave and school holidays,
and a more even distribution of holidays should be sought so as
to reduce the pressure of tourism activity on the environment
and enhance its beneficial impact on the tourism industry and
the local economy.
United Nation World Tourism Organization

ARTICLE 4:Tourism, a user of the cultural


heritage of mankind and contributor to its
enhancement

Tourism policies and activities should be conducted with


respect for the artistic, archaeological and cultural heritage,
which they should protect and pass on to future
generations; particular care should be devoted to
preserving and upgrading monuments, shrines and
museums as well as archaeological and historic sites which
must be widely open to tourist visits; encouragement
should be given to public access to privately-owned cultural
property and monuments, with respect for the rights of
their owners, as well as to religious buildings, without
prejudice to normal needs of worship.
United Nation World Tourism Organization

ARTICLE 5: Tourism, a beneficial activity


for host countries and communities

Tourism policies should be applied in such a way as to


help to raise the standard of living of the populations of
the regions visited and meet their needs; the planning
and architectural approach to and operation of tourism
resorts and accommodation should aim to integrate
them, to the extent possible, in the local economic and
social fabric; where skills are equal, priority should be
given to local manpower;
United Nation World Tourism Organization

ARTICLE 6: Obligations of stakeholders in


tourism development

The press, and particularly the specialized travel press


and the other media, including modern means of
electronic communication, should issue honest and
balanced information on events and situations that
could influence the flow of tourists; they should also
provide accurate and reliable information to the
consumers of tourism services; the new communication
and electronic commerce technologies should also be
developed and used for this purpose; as is the case for
the media, they should not in any way promote sex
tourism
Civil Law

Article 1732

Common carriers are persons, corporations, firms or


associations 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.
Civil Law

Article 1738.

The extraordinary liability of the common carrier


continues to be operative even during the time the
goods are stored in a warehouse of the carrier at the
place of destination, until the consignee has been
advised of the arrival of the goods and has had
reasonable opportunity thereafter to remove them or
otherwise dispose of them.
Civil Law

Article 1741

If the shipper or owner merely contributed to the loss,


destruction or deterioration of the goods, the proximate
cause thereof being the negligence of the common
carrier, the latter shall be liable in damages, which
however, shall be equitably reduced.
Civil Law

Article 1746

An agreement limiting the common carrier's liability


may be annulled by the shipper or owner if the
common carrier refused to carry the goods unless
the former agreed to such stipulation
Civil Law

Article 1755

A common carrier is bound to carry the passengers safely


as far as human care and foresight can provide, using the
utmost diligence of very cautious persons, with a due
regard for all the circumstances.
Civil Law

Article 1763

A common carrier is responsible for injuries suffered by a


passenger on account of the wilful acts or negligence of
other passengers or of strangers, if the common carrier's
employees through the exercise of the diligence of a good
father of a family could have prevented or stopped the act
or omission.
Criminal Law

Section 21: Civil liability

An accused convicted of a crime shall be held civilly


liable for damages that have been proved. An accused
acquitted of a crime by reasonable doubt may be held
civilly liable where the evidence so warrants.
Criminal Law

Section 33: Coup detat

Any member of the armed forces or any other government


security forces or any public officer or employee, with or
without civilian support or participation, who attacks,
threatens or intimidates the duly constituted authorities of
the Republic of the Philippines or attacks installations,
utilities, equipment, facilities, or establishments of vital
national interest for the purpose of seizing or diminishing
state power shall be punished with Life Imprisonment.
Criminal Law

Section 35: Assault upon authorities

Any person who assaults a person in authority or his


agent performing official functions, or any person coming
to the aid of such authorities or their agents, shall be
punished within Level 3.
Any person who incites another to commit the crime of
assault as defined in the preceding paragraph shall be
punished within Level 2.
Criminal Law

Section 36: Disobedience to authorities

Any person who wilfully disobeys a person in authority


performing official functions shall be punished within
Level 1. When the act of disobedience endangers life or
property, the offender shall be punished within Level 2.
Criminal Law

Section 45: Delay in turn over for inquest

Any public officer or employee who fails to deliver any


detainee, lawfully arrested without the benefit of warrant of
arrest, to the Office of the City or Provincial Prosecutor for
the conduct of Inquest Proceedings within the period of:
twenty-four (24) hours for crimes or crime punished within
Levels 1, 2, and 3; and thirty-six (36) hours, for crimes or
crime punishable within Levels 4, 5, and Life imprisonment,
shall be penalized within Level 4.
Criminal Law

Section 46: Delaying release

Any public officer or employee who unduly delays the


enforcement of a judicial or executive order or the
service of notice of such order to release a detainee or

an inmate shall be punished within Level 4.


Labor law

Article 87: Overtime work

Work may be performed beyond eight (8) hours a day provided


that the employee is paid for the overtime work, an additional
compensation equivalent to his regular wage plus at least
twenty-five percent (25%) thereof. Work performed beyond
eight hours on a holiday or rest day shall be paid an additional
compensation equivalent to the rate of the first eight hours on a
holiday or rest day plus at least thirty percent (30%) thereof.
Labor law

Article 91: Right to weekly rest day

It shall be the duty of every employer, whether operating for profit


or not, to provide each of his employees a rest period of not less
than twenty-four (24) consecutive hours after every six (6)
consecutive normal work days.
The employer shall determine and schedule the weekly rest day of
his employees subject to collective bargaining agreement and to
such rules and regulations as the Secretary of Labor and
Employment may provide. However, the employer shall respect the
preference of employees as to their weekly rest day when such
preference is based on religious grounds.
Labor law

Article 96: Service charges

All service charges collected by hotels, restaurants and similar


establishments shall be distributed at the rate of eighty-five percent
(85%) for all covered employees and fifteen percent (15%) for
management. The share of the employees shall be equally distributed
among them. In case the service charge is abolished, the share of
the covered employees shall be considered integrated in their wages.
Labor law

Article 104: Place of payment

Payment of wages shall be made at or near the place of undertaking,


except as otherwise provided by such regulations as the Secretary of
Labor and Employment may prescribe under conditions to ensure
greater protection of wages.
Labor law

Article 284: Disease as ground for termination

An employer may terminate the services of an employee


who has been found to be suffering from any disease and
whose continued employment is prohibited by law or is
prejudicial to his health as well as to the health of his co-
employees: Provided, That he is paid separation pay
equivalent to at least one (1) month salary or to one-half
(1/2) month salary for every year of service, whichever is
greater, a fraction of at least six (6) months being
considered as one (1) whole year.
Labor law
Article 286: When employment not deemed
terminated

The bona-fide suspension of the operation of a business or


undertaking for a period not exceeding six (6) months, or
the fulfilment by the employee of a military or civic duty
shall not terminate employment. In all such cases, the
employer shall reinstate the employee to his former
position without loss of seniority rights if he indicates his
desire to resume his work not later than one (1) month
from the resumption of operations of his employer or from
his relief from the military or civic duty.
Obligations and Contracts

Article 1246

When the obligation consists in the delivery of an indeterminate or


generic thing, whose quality and circumstances have not been
stated, the creditor cannot demand a thing of superior quality.
Neither can the debtor deliver a thing of inferior quality. The purpose
of the obligation and other circumstances shall be taken into
consideration.
Obligations and Contracts

Article 1249

The payment of debts in money shall be made in the


currency stipulated, and if it is not possible to deliver
such currency, then in the currency which is legal
Tender in the Philippines.

The delivery of promissory notes payable to order, or bills


of exchange or other mercantile documents shall produce
the effect of payment only when they have been cashed,
or when through the fault of the creditor
they have been impaired.

In the meantime, the action derived from the original


obligation shall be held in the abeyance.
Obligations and Contracts
Article 1311

Contracts take effect only between the parties, their assigns and
heirs, except in case where the rights and obligations arising from
the contract are not transmissible by their nature, or by stipulation
or by provision of law. The heir is not liable beyond the value of the
property he received from the decedent.

If a contract should contain some stipulation in favor of a third


person, he may demand its fulfilment provided he communicated his
acceptance to the obligor before its revocation. A mere incidental
benefit or interest of a person is not sufficient. The contracting
parties must have clearly and deliberately conferred a favor upon a
third person.
Obligations and Contracts

Article 1317

No one may contract in the name of another without being


authorized by the latter, or unless he has by law a right to
represent him.

A contract entered into in the name of another by one who has


no authority or legal representation, or who has acted beyond his
powers, shall be unenforceable, unless it is ratified, expressly or
impliedly, by the person on whose behalf it has been executed,
before it is revoked by the other contracting party.
Obligations and Contracts

Article 1324

When the offerer has allowed the offeree a certain period to


accept, the offer may be withdrawn at any time before
acceptance by communicating such withdrawal, except when
the option is founded upon a consideration, as something
paid or promised.
Obligations and Contracts

Article 1331

In order that mistake may invalidate consent, it should refer


to the substance of the thing which is the object of the
contract, or to those conditions which have principally
moved one or both parties to enter into the contract.

Mistake as to the identity or qualifications of one of the


parties will vitiate consent only when such identity or
qualifications have been the principal cause of the contract.

A simple mistake of account shall give rise to its correction.


Political Law
Political Law
Political Law
Political Law
Political Law
Political Law