TOURISM LAW

CHAPTER 1

Law
It is defined as a rule of conduct, just and
obligatory, promulgated by legitimate
authority, and of common observance and
benefit.
KINDS OF LAW

General or
Substantive Adjective Criminal
Public

Special or
international Political Civil
Private

Maritime Mercantile
SUBSTANTIVE LAW A LAW WHICH ADJECTIVE LAW - A LAW WHICH IS
CREATES, DEFINES AND REGULATES PROVIDE THE METHOD OF AIDING AND
RIGHTS. PROTECTING CERTAIN RIGHTS

KINDS OF LAW
GENERAL OR PUBLIC LAW A LAW WHICH
APPLIES TO ALL OF THE PEOPLE OF THE
STATE OR TO ALL OF A PARTICULAR CLASS
OF PERSONS IN THE STATE
AS TO SCOPE:
CRIMINAL LAW A LAW DEALING WITH
CRIMES AND THEIR PUNISHMENT, AS
WELL AS THE PROCEDURE FOR THAT
PURPOSE
 International law body of
rules of action governing the
relations between states.

Political law law regulating

the relations sustained by the
inhabitants of a territory.

Special or private law a law

which relates to particular
persons or things of a class.

CONTINUATION
 Civil law the mass of precepts
which determines and regulates
those relations of assistance,
authority and obedience

Maritime law the law dealing

with commerce by sea involving
regulation of ships.

Mercantile law the law of

commercial transactions derived
from the law of merchant.
CONTINUATION
 Tourism is defined as the
custom or practice of
traveling for pleasure.

Tourism law maybe defined

as the 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.
CONCEPT OF TOURISM LAW
 The Philippine Constitution
it is fundamental law of the
land, to which all other laws
must conform.

Statutes or Legislative
enactments - it is written will
of legislative department
rendered authentic by certain
prescribed forms.
SOURCES OF THE LAW RELEVANT TO THE TOURISM, TRAVEL AND HOSPITALITY
INDUSTRY
 Administrative or executive
orders, regulations and
rulings these are issued by
the administrative officials
under legislative authority.

Judicial decisions or the

jurisprudence these refer to
the decisions of the Supreme
Court.

CONTINUATION
CONTINUATION

Custom it is a rule of conduct which in a

given place and among given groups of
people, has been followed for an appreciable
time.

Other sources these refer to decisions of

foreign tribunals and opinions of textbook
writers.
CHAPTER 2: THE PHILIPPINE CONSTITUTION

The law
The Constitution is defined as the original
and fundamental principles of law by which
a system of government is created and
according to which a country is governed.
THE BILL OF RIGHTS

Section1.
No person shall be deprived of life liberty and
property without due process of law, nor
shall any person be denied the equal
protection of the laws.
 lifemeans more than animal
existence

Libertymeans that measure

of freedom which may be
enjoyed with the peaceful of
life freedom in others.

Propertyis defined as
anything which is or may be
the object of appropriation.
DISCUSSION OF THE LAW
 Equal protection of the
laws means persons
similarly situated
should be similarly
treated.

Due process of law is a

law which hears before
CONTINUATION it condemns.
 1. There must be a court with
judicial power to hear and
determine the matter.

2. Jurisdiction must be lawfully

acquired over the person of
the defendant.

3. The defendant must be given

an opportunity to be heard.

4. Judgment must be rendered

upon lawful hearing.
THE ESSENTIAL REQUIREMENTS OF PROCEDURAL DUE
PROCESS IN COURTS:
THE LAW
Section3.(1) 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.

(2) any evidence obtained in violation of this or

the preceding section shall be inadmissible for
any purposes in any proceeding.
 The forms of correspondence
and communication that
are covered in this provision
include:

letters
telegrams
telephones calls
messages and the like.

DISCUSSION OF THE LAW

 Any evidence obtained in
the violation of the above
shall be considered fruit
from the poisonous tree
and shall not be admitted
as evidence in any
administrative or criminal
proceeding.

CONTINUATION
 For a labor-intensive industry like
the tourism, travel and hospitality
industry it is common to have
disputes between the labor sector
and the management.

Section4.No law shall be passed,

abridging the freedom of speech, of
the expression, or of the press, or
the right of the people peaceably to
assemble and petition the
government for redness of
grievances.

THE LAW
OBSCENITY
Obscenity is defined as it include materials which taken as a
whole appeals to the prurient interest and lacks serious
literary, artistic, political or scientific value.
GUIDELINES FOR DETERMINING OBSCENITY:

(a) the subject as a whole appeals to the

prurient interest of the average person, using
contemporary community standards

(b) the work depicts in a patently offensive

way sexual conduct as prohibited by law

(c) the work as a whole lacks serious literary

artistic political or scientific value.
 Every person has to the right to
travel and reside anywhere he
chooses.

Section6.The liberty of abode and

of changing the same within the
limit prescribed by law shall not be
impaired except upon the lawful
order of the court. Neither shall the
right to travel be impaired except in
the interest of national security,
public safety, public health as
maybe provided by law.

THE LAW
 This constitutional provision
guarantees:

(a) freedom to choose and

change ones place of
residence and dwelling place

(b) freedom to travel within or

outside the country.

DISCUSSION OF THE LAW

 The labor intensive nature of the
tourism, travel and hospitality
industry elicits the possibility of
unions and associations being
formed to protect rights of
employees.

Section8.The right of the people,

including those employed in the
public and private sectors, to form
unions, associations or societies for
purposes not contrary to law shall
not be abridged.

THE LAW
DISCUSSION OF THE LAW
Government employees are now given to the right to
form unions, however the right to form strike is not
included in the right to form unions.
 The tourism, travel and
hospitality industry makes
use of a lot of contracts.

Section10.
No law impairing the
obligations of contracts
shall be passed.

THE LAW
 Under the civil code the
contract constitutes the law
of the parties unless it
violates some provision of the
law or public policy.

Police power is a prerogative

enjoyed by the state and
limitation on liberty and
property by the bill of rights.

DISCUSSION OF THE LAW

 The law
It is important to be
informed of some of the
constitutional provisions on
national economy and
patrimony because some
are applicable to tourism.

NATIONAL ECONOMOY AND PATRIMONY

 The congress shall, upon
recommendation of the
economic and planning agency,
when the national interest
dictates, reserve to citizens of
the Philippines or to corporations
or associations at least sixty per
centum of whose capital is
owned by such citizens, or such
higher percentage as congress
may prescribe, certain areas of
investments. Xxx

SECTION 10
 In the grant of rights, privileges
and concessions covering
national economy and patrimony,
the state shall give preference to
qualified Filipinos.

The state shall regulate and

exercise authority over foreign
investments within its national
jurisdiction and in accordance
with its national goals and
priorities.
CONTINUATION
 The term qualified Filipinos
simply means that
preference shall be given to
those citizens who can
make a viable contribution
to the common good.

DISCUSSION OF THE LAW

 Section14.The sustained
development of a reservoir of
national talents consisting of Filipino
scientist, entrepreneurs,
professionals, managers, high-level
technical manpower and skilled
workers and craftsmen in all field
shall be promoted by the state. The
state shall encourage appropriate
technology and regulates its transfer for the
national benefit. The practice of all
professions in the Philippines shall be
limited to Filipino citizens, save in cases
prescribe by law.
THE LAW
 The above constitutional
provision mandates that the
practice of a profession is
reserved exclusively to citizens
of the Philippines.

The foreign investment negative

list specifically provides that
foreign investors are prohibited
in engaging in such
undertaking.

DISCUSSION OF THE LAW

 The law
A person desiring to engage in a
business in the tourism,
travel and hospitality industry
will meet certain obligations.
Obligation
Article 1156. an obligation is
a juridical necessity to give, to
do or not to do.

CHAPTER 3: LAW ON OBLIGATIONS AND CONTRACTS

DISCUSSION OF THE LAW

Anobligation is a legal duty, however

created, the violation of which may
become the basis of an action of law.
 1. obligee,

3. object
(prestation)

2. passive
subject 4. the juridical
(debtor) (legal tie)
FOUR ELEMENTS:
AN ACTIVE SUBJECT KNOWN AS:
 Fraud - incident to the
performance of an
obligation.

Negligence the case of

contracts, the lack of
diligence.

Delay debtor can be liable

for the delay. Contravention
of tenor of the obligation.

THE SOURCES OF LIABILITY FOR DAMAGES:

 Article 1157. obligations arise
from:

Law
Contracts
Quasi-contract
Acts or omissions punishable
by law
Quasi-delicts

THE LAW
DISCUSSION OF THE LAW

Sources of obligation:

Law and Contracts.

Quasi-contract
refers to a lawful act based
on the expense of another.

Quasi-delictact
or omission which causes
the damages to another.
 Pure obligation- one which is not subject to any
condition.

Conditional obligation- one whose consequences

are subject in one way or another to fulfilled of a
condition.

Obligation with a period- one whose

consequences are subject in one way to the
expiration of the said period.

Joint obligation- two or more creditors and

debtors in one and same obligation.
 The law
Article 1231. obligations are
extinguished
1. by payment or performer
2. by the loss of the thing due
3.by the condonation or remission
of the debt
4. by the confusion or merger of
the rights of the creditor and the
debtor
5. by compensation
6. by novation
MODES OF EXTINGUISHING OBLIGATIONS
 Fortuitous event are terms
which exempt an obligor
from liability.

Two general causes:

By nature such as flood,
earthquake and storms.

Bythe act of man such a

armed invasion.
DISCUSSION OF THE LAW
 The law
Article 1305. A contact
is a meeting of the
minds between two
persons whereby which
one binds himself, with
respect to other, to give
something or to render
some service.
CONTRACTS
 The essential elements of a
contract are as follows:

1. consent
2. object certain
3. cause of the obligation

A contract of adhesion is defined as

one in which almost all the
provisions have been drafted by
one party, usually a corporation or
insurance company.

DISCUSSION OF THE LAW

CHARACTERISTICS OF A CONTRACT:

Mutuality of contracts
Autonomy of contracts

Relativity of contracts,

Consensualityof contracts

Obligatory force of contracts

ACCORDING TO THEIR RELATION TO OTHER CONTRACTS:

1. Preparatory
2. Principal
3. Accessory.
 The law
Article 1767. by the
contract of partnership
two or more persons bind
themselves to contribute
money, property or
industry to a common
fund, with the intention of
dividing the profits among
themselves.
CHAPTER 4: LAW ON PARTNERSHIP AND CORPORATION
DISCUSSION OF THE LAW

A partnership is an association of two or

more persons to carry on as co-owners
of a business for a profit.

A partnership contract is based on trust

and confidence.
 1. an agreement to contribute money,
property, industry to a common
fund.

2. intent to divide the profits among

themselves

3. advantages of forming a
partnership

4. disadvantages of forming a
partnership

THE ESSENTIAL REQUISITES OF A PARTNERSHIP ARE:

OBLIGATIONS OF THE PARTNERSHIP

1. where contribution is money or property

2. where contribution is industry
3. obligation of the capitalist partner
4. responsibility between partnership and
partner
5. sharing of profit and loss among partners
6. property rights of a partner
7. liability of individual partners to third
persons
8. liability of the limited partner
DISSOLUTION AND WINDING UP OF A
PARTNERSHIP

In the case of a limited partnership, the same

is dissolved:
(1) in case of retirement, death, insolvency,
insanity or civil interdiction of a general
partner,

(1) when asked for by a limited partner under

the provisions of Article 1857, as when he
rightfully but unsuccessfully demands the
return of his contribution.
ORDER OF LIQUIDATION FOR A GENERAL
PARTNERSHIP
3. Partner-
4 steps in liquidation;
Capital

2. Partner-
Creditor

1. Creditor
4. Profit
 ORDER OF LIQUIDATION FOR A LIMITED
PARTNERSHIP

6 steps in liquidation;

2. Limited partner-
profit

1. Creditor (LP 3.Limited partner-

included) capital

6. General partner
5. General contribution
4. General partner-profit
partner-
creditor
CHAPTER 5: LAW ON SALES, AGENCY AND
CREDIT TRANSACTION

The Law
Article 1458 By the contract of sale, one of
the contracting parties obligates himself to
transfer ownership of and to deliver a
determinate thing, and other to pay therefore
a price certain in money or its equivalent.

A contract of sale may be absolute or conditional.

 Law on Sales
In the tourism, travel and
hospitality industry,
agreements arising from
contracts will have to be
made, and potential breach
from these agreements will
be encountered.

CHAPTER 5
LAW ON SALE, AGENCY AND CREDIT TRANSACTION
CHARACTERISTICS OF A CONTRACT OF SALE

Consensual
Bilateral

Principal

Onerous

Commutative

Nominate

Transmissive of ownership
 1. Consent
The Following are disqualified
to enter into a contract:
a. Husband and Wife
The following persons cannot
acquire by purchase even at
public auction or judicial
auction, either in person or
through the mediation of
another:
REQUISITES OF A CONTRACT OF SALE
 The guardian, the property of
the person or persons who
may be under his guard ship;
Agents

Executors and administrators

Public officers and employees

Justices, judges, prosecuting

attorneys, clerks of superior
and inferior courts
CONTINUATION
 If the thing is lost before
perfection of the contract

If the thing is lost at the time

of perfection of the contract

If the thing is lost after

delivery

If the thing is lost after

perfection but before delivery
EFFECT OF LOSS OF THE OBJECT IN A CONTRACT OF SALE
 Article 1601.
Conventional redemption
shall take place when the
vendor reserves the right
to purchase the thing
sold, with the obligation to
comply with the provision
of Article 1616 and other
stipulations, which may
have been agreed upon.
(1507)
PACTO DE RECTO SALE (CONVENTIONAL REDEMPTION)
 To deliver the thing
To transfer
ownership of the
thing
To warrant against
eviction and against
hidden defects
OBLIGATIONS OF THE VENDOR
 When he signifies his approval or
acceptance to the seller or does
any other act adopting the
transaction

If he does not signify his approval

or acceptance to the seller, but
retains the goods without giving
notice or rejection on the
expiration of time as fixed for the
return of the goods, or on the
expiration of a reasonable time
when no time has been fixed.
WHEN THE GOODS ARE DELIVERED TO THE BUYER ON APPROVAL OR ON
TRIAL OR THE SIMILAR TERMS, THE OWNERSHIP PASSES TO THE BUYER:
 Article1582. The
vendee is bound to
accept delivery and
pay the price of the
thing sold at the
time and place
stipulated in the
contract.
OBLIGATIONS OF THE VENDEE
 Extrajudicial remedies:
Of the buyer
A. The buyer need not pay
unless there is delivery
B. The buyer may reject
improper deliveries
C. The buyer may suspend
payment if he is disturbed in
the possession or ownership
ACTIONS FOR BREACH OF CONTRACT OF SALE
 2. Of the Seller

A. Vendor is not bound to

deliver the thing sold if the
vendee has not paid the
price

B. Installment sales (Recto

and Maceda Law)
CONTINUATION
 1. Of the buyer:
A. Damages for breach
of contract
2. Of the seller:
A. Recovery of the price
B. Damages in case of
bad faith
JUDICIAL REMEDIES
 The essential elements of agency are:

There is consent, express or implied

The object is the execution of a juridical

act in relation to a third person

The agent acts as a representative and

not for himself

The agent acts within the scope of his

authority

LAW ON AGENCY
 Commodatumis a loan for
use wherein the property lent
must be returned.

Simple loan or mutuumis

simply the delivery of sum of
money to another under a
contract to return at some
future time an equivalent
amount with or without an
additional sum agreed upon
for its use.
DISCUSSION OF THE LAW
 in contract of loan, if a particular
rate of interest has been
expressly stipulated by the
parties, such stipulated interest
shall be applied. If the exact rate
of interest is not mentioned, the
legal rate shall be payable.

It is only in contracts of loan, with

or without security, that interest
may be stipulated and
demanded
SIMPLE LOAN OR MUTUUM
 SIMPLE LOAN OR MUTUUM

The Law
ARTICLE 1956. No interest shall be due unless it
has been expressly stipulated in writing.

Nature of Bank Deposits

It is clear from Article 1980 of the Civil Code of
the Philippines that fixed, savings and current
deposits of money in banks and similar
institutions shall be governed by the provisions of
the Civil Code concerning simple loan (mutuum).
 The debtor in delay is also liable
to pay legal interest by way of
indemnity for damages, which
legal interest may be agreed
upon, and in the absence of any
stipulation, the legal interest
shall be 12% per annum.

In all cases, interst due shall

earn legal interest from the time
it is judicially demanded
although the obligation may be
silent upon this point.
CONTINUATION
PACTUMCOMMISSORIUM

stipulation giving power to the creditor

to automatically appropriate the thing
given as security, if the principal
obligation is not fulfilled without any
formality, such as foreclosure
proceeding and public sale.
SALE OF PERSONAL PROPERTY PAYABLE IN
INSTALLMENTS
Article 1484. In a contract of sale of personal property
by the price of which is payable in installments, the
vendor may exercise any of the following remedies:

1. Exact fulfillment of the obligation should the vendee

fail to pay;

2. Cancel the sale, should the vendee failure to pay

cover two or more installment;

3. Foreclose the chattel mortgage on the thing sold, if

one has been constituted, should the vendee failure to
pay cover two or more installments.
 1. Contract must be of sale
2. what is sold is personal
property
3. The sale must be on an
installment plan

IN ORDER FOR THE ABOVE PROVISION TO APPLY, THE FOLLOWING REQUISITES

MUST CONCUR:
 Caution should be practiced by
real estate developers engaging
in the hotel industry, especially
on real property located in
potential yet unexplored
provinces.

The principles on double sale will

be useful in case an issue on a
sale of a real property to
different vendees shall be
brought before the courts of law.
DOUBLE SALE
THE LAW

ARTICLE 1544. If the same thing should have been sold to

different vendees, the ownership shall be transferred to the
person who may have first taken possession thereof in good
faith, if it should be movable property.

Should it be immovable property, the ownership shall belong

to the person acquiring it who in good faith first recorded it
in the Registry of Property.

Should there be no inscription, the ownership shall pertain

to the person who in good faith was first in the possession;
and, in the absence thereof, to the person who presents the
oldest title, provided there is good faith. (1473)
 Implied warranty in
contracts of sale, by virtue of
which if the vendee is
deprived of the whole or a
part of the thing purchased
by final judgment based on
a right prior to the sale or an
act imputable to the vendor,
such vendor shall answer for
the eviction even though
nothing has been said in the
contract on the subject.
WARRANTY IN CASE OF EVICTION
 (1) vendee is deprived of the thing
purchased wholly or partially;
(2) the deprivation is by final
judgment;
(3) deprivation is based on a right
prior to the sale or an act
imputable to the vendor; and
(4) vendor was summoned in the
suit for eviction at the instance
of the vendee.

THE REQUISITES OF EVICTION ARE:

 (1) return of the value at the
time of eviction;
(2) return of income or fruits
that the buyer had to
surrender;
(3) costs of the suit;
(4) expenses of the contract;
and
(5) damages in case the vendor
acted in bad faith.

LIABILITY FOR EVICTION INCLUDES:

OBLIGATIONS OF THE VENDEE

The Law
ARTICLE 1582. The vendee is bound to accept delivery and to
pay the price of the thing sold at the time and place
stipulated in the contract.
 The Law
ARTICLE 1868. By the
contract of agency a person
binds himself to render
some service or to do
something in
representation or on behalf
of another, with the consent
or authority of the latter.
(1709a)
LAW ON AGENCY
THE ESSENTIAL ELEMENTS OF AGENCY ARE:

(1) there is consent, express or implied;

(2) the object is the execution of a juridical act in

relation to a third person;

(3) the agent acts as a representative and not for

himself; and

(4) the agent acts within the scope of his authority.

 The Law
ARTICLE 1883. If an agent
acts in his own name, the
principal has no right of
action against the persons
with whom the agent has
contracted; neither have
such persons against the
principal.
LIABILITY OF THE PRINCIPAL AND THE AGENT
REAL ESTATE MORTGAGE AND CHATTEL
MORTGAGE
The essential requisites of a contract of
real estate mortgage are as follows:

(1) It must be constituted to secure the performance of the

principal obligation;

(2) The mortgage must be absolute owner of the property

mortgage

(3) The mortgagor should have the free disposal of the property
mortgaged, and in the absence thereof, he should be legally
authorized for the purpose.
 (4) When the principal
obligation becomes due, the
property mortgaged may be
alienated for the payment of
such obligation

(5) The subject matter of the

contract must be immovable
property or alienable real
rights upon immovables.

CONTINUATION
 Department of Tourism (DOT)
It is the primary policy making
planning
programming
coordinating and
administrative entity of the
executive branch of the
government in the
development of the tourism
industry
CHAPTER 6
THE TOURISM PUBLIC SECTOR
 Unify and integrate
related activities and
services of both
government and private
entities pertaining to
tourism development
projects.

PHILIPPINE TOURISM AUTHORITY (PTA)

 The Intramuros Administration
shall be responsible for the
orderly restoration and
development of Intramuros as a
monument to the Hispanic
period of Philippine history.

It shall also ensure that the

general appearance of
intramuros shall conform to
Philippine-Spanish architecture
of the Sixteenth to Nineteenth
Century.
INTRAMUROS ADMINISTRATION (IA)
NATIONAL PARKS DEVELOPMENT
COMMITTEE (NPDC)
NPDC is tasked to supervise
national parks in the Philippines. It
was established for the purpose of
developing and maintaining
national parks in the Philippines.
OTHER GOVERNMENT AGENCIES
NATIONAL HISTORICAL INSTITUTE (NHI)
This department
commemorates the
memories of our heroes.
They also conduct research
and publish scholarly works.
They are also engage in the
preservation of historical
sites and the memorabilia
and relics found in these
places.
NATIONAL CENTER FOR CULTURE AND
ARTS (NCAA)
The function of NCAA is to formulate
policies that will contribute to culture
and arts development. They also
coordinate and implement these
policies to agencies attached to this
department. They also develop,
promote and preserve the Filipino
cultural heritage.
OTHER GOVERNMENT AGENCIES
THE PHILIPPINE CONVENTION & VISITORS
CORPORATION (PCVC)
PCVC is tasked with promoting the
country as an ideal MICE (Meeting,
Incentives, Convention, Expo) travel
destination. They also provide
information, assistance and guidance
to meeting planners and travel
organizers who seek venues for
meetings and incentive groups.
 NATIONAL ECONOMIC DEVELOPMENT
BANGKO SENTRAL NG PILIPINAS (BSP)
AUTHORITY (NEDA)

The BSPs primary objective is NEDA was created to pursue

to maintain price stability that the goals of promoting the
will help to a balanced and economic and social
sustainable economic growth.
development and stability of
The BSP also aims to promote
the country.
and preserve monetary stability
and the convertibility of the
national currency. BSP also has
the power to organize a
corporation that will manage
and administer PICC.

OTHER GOVERNMENT AGENCIES


PHILIPPINE AMUSEMENT AND GAMING
CORPORATION (PAGCOR)
PAGCORs mission is to actively
participate in efforts of the tourism
sector to transform the Philippines into
an exciting recreation and relaxation
entertainment haven for local and
foreign travelers. PAGCOR also
contributes to the governments
nation-building programs
OTHER GOVERNMENT AGENCIES
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES (DENR)
The Department is mandated to be
responsible for the conservation,
management, development, and
proper use of the countrys
environment and natural
resources. They also have the
power to advice the president on
the relative to their function and
the control of pollution. They are
also responsible for the
formulation, implementation, and
supervision of the governments
policies, plans and programs
pertaining to the countries natural
resources.
DEPARTMENT OF LABOR AND
EMPLOYMENT (DOLE)
DOLEs function is to enforce social
and labor legislation to protect the
working class and regulate the
relations between the worker and his
employers. They also formulate and
recommend policies, plans and
programs for manpower development,
training and allocation
OTHER GOVERNMENT AGENCIES
DEPARTMENT OF PUBLIC WORKS AND
HIGHWAYS (DPWH)
The Department of Public
Works and Highways functions
as the engineering and
construction arm of the
Government tasked to
continuously develop its
technology for the purpose of
ensuring the safety of all
infrastructure facilities and
securing for all public works
and highways the highest
efficiency and quality in
construction
DEPARTMENT OF TRANSPORTATION AND
LAND TRANSPORTATION OFFICE (LTO)
COMMUNICATION (DOTC)

DOTC is the primary policy, LTO controls the registration

planning, programming,
coordinating, implementing and and operation of motor
administrative entity of the vehicles and the licensing of
executive branch of the owners, dealers, conductors,
government on the promotion,
development and regulation of drivers and similar matters.
a dependable and coordinated
network of transportation and
communications systems, as
well as in the fast, safe,
efficient and reliable
transportation and
communications services

OTHER GOVERNMENT AGENCIES

LAND TRANSPORTATION FRANCHISING MARITIME INDUSTRY AUTHORITY
AND REGULATORY BOARD (LTFRB) (MARINA)

LTFRB is the agency which MARINA develops, promote,

issues, amends, revises, and regulate the maritime
suspends, or cancels industry in the country.
Certificate of Public
Convenience or permits
authorizing the operation of
public land transportation
services provided by
motorized vehicles, and to
prescribe the appropriate
terms and conditions.

OTHER GOVERNMENT AGENCIES

AIR TRANSPORTATION OFFICE (ATO)
ATO is in charge with location
and designs of airports. They
also handle aviation matters
and give licenses to airman and
aircrafts.
OTHER GOVERNMENT AGENCIES
CIVIL AERONAUTICS BOARD (CAB)
CAB is in charge of the regulation,
promotion and development of the
economic aspect of air
transportation. They are also in
charge of property, equipment and
franchise of airports.
 METRO RAIL TRANSIT CORPORATION
LIGHT RAIL TRANSIT AUTHORITY (LRTA)
(MRTC)

LRTA is responsible for the MRT is DOTCs integrated

construction, operation,
and/or lease of light rail
transit systems in the
Philippines. This will help
commuters to go in their
destination faster.
strategy to reduce the heavy
traffic experienced along
EDSA. This will provide a
faster transportation for
foreign and domestic
tourists.

OTHER GOVERNMENT AGENCIES

PHILIPPINE NATIONAL RAILWAYS (PNR) DEPARTMENT OF TRADE AND INDUSTRY
(DTI)
PNR serves as an instrument The DTI is responsible for
in providing a nation-wide realizing the country's goal of
railroad transportation globally competitive and
system. PNR also contributes innovative industry and
to the Philippines history as services sector that
the first railway in the contribute to inclusive growth
Philippines. and employment generation.

OTHER GOVERNMENT AGENCIES

PHILIPPINE ECONOMIC ZONE AUTHORITY
DEPARTMENT OF FOREIGN AFFAIRS (DFA)
(PEZA)
BOI is responsible for the
promotion of investments in
the Philippines. BOI has the
power and duties with the
preparation of annual
Investment Priority Plan.
OTHER GOVERNMENT AGENCIES
It is responsible for ensuring
that foreign investors who wish
to put up their operations in the
country will have readily
available suitable locations in
world-class, environment-
friendly economic zones.
DEPARTMENT OF INTERIOR AND LOCAL
BUREAU OF CUSTOM
GOVERNMENT (DILG)

DILG functions to assist the Bureau of Customs has the

president in the exercise of jurisdiction over the
general supervision over assessment and collection of
local government. lawful revenues

OTHER GOVERNMENT AGENCIES

 Law on Common Carriers
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.
CHAPTER 7
LAWS REGULATING TRANSPORTATION ESTABLISHMENT
RESPONSIBILITY OF COMMON CARRIERS

ARTICLE 1733. Common carriers, from the

nature of their business and for reasons of
public policy, are bound to observe
extraordinary diligence in the vigilance over the
goods and for the safety of the passengers
transported by them, according to all the
circumstances of each case.
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.
ARTICLE 1756. In case of
death of or injuries to
passengers, common
carriers are presumed to
have been at fault or to
have acted negligently,
unless they prove that they
observed extraordinary
diligence as prescribed in
Articles 1733 and 1755.
 Common carriers are liable
for the death of or injuries to
passengers through the
negligence or willful acts of
the former's employees,
although such employees
may have acted beyond the
scope of their authority or in
violation of the orders of the
common carriers.
LIABILITIES OF COMMON CARRIERS FOR THE ACTS OF EMPLOYMENT AND
STRANGERS
This liability of the common
carriers does not cease
upon proof that they
exercised all the diligence
of a good father of a family
in the selection and
supervision of their
employees.
 The best evidence of a
contract of carriage is the
passage ticket. Under our
jurisprudence, an airline, bus
or shipping ticket is a
contract of adhesion
considering that all the
provisions thereof are
prepared and drafted only by
the carrier.
NATURE OF AIRLINE, BUS, AND SHIPPING TICKETS
 Only aircraft owned by or
leased to a citizen or
citizens of the Philippines
and which are not
registered under the laws of
any foreign country may be
eligible for registration.

REGISTRATION OF AIRCRAFTS
 Enacted to secure and
safeguard its citizenry,
particularly the passengers
and drivers of private and
public motor vehicles, from
the ruinous and extremely
injurious effects of
vehicular accidents.
SEATBELT LAW
 By virtue of Republic Act 8485,
also known as the Animal
Welfare Act of 1998, it shall be
the duty of any operator of any
land, air or water public utility
transporting pets, wildlife and all
other animals to provide in all
cases adequate, clean and
sanity facilities for the safe
conveyance and delivery thereof
to their consignee at the place of
confinement.

LAW ON TRANSPORTATION OF ANIMALS

TRAFFIC LAWS

Republic Act No. 4136, which is enacted on June 20,

1964 is a compilation of laws relative traffic rules
and regulations.
 Business is entities in the
operation of tourist accommodation
establishments may be organized
as a single proprietorship a
partnership or a corporation.

Hotel a building edifice or

premises or a completely
independent part thereof, which is
used for the regular reception,
accommodation or lodging of
travelers and tourist and the
provision of services incidental
thereof for a fee.
CHAPTER 8
NATURE AND DESCRIPTION OF THE BUSINESS
 Resort any place or places with
pleasant environment and
atmosphere conducive to comfort,
healthful relaxation and rest,
offering food sleeping
accommodation and recreational
activities to the public for a fee or
remuneration.
Tourist inn a lodging
establishment catering to
transients which does not
meet the minimum
requirements of an economy
hotel.
 Apartel - any building or edifice
containing several independent
and furnished or semi-
furnished apartments, regularly
leased to tourists and travelers
for dwelling on a more or less
long term basis and offering
basic services to its tenants,
similar to hotels.
Pension house- a private or
family-operated tourist boarding
house, tourist guest house or
tourist lodging house employing
non-professional domestic
helpers regularly catering to
tourists and travelers,
containing several independent
let able rooms, providing
common facilities such as
toilets, bath rooms/showers,
living and dining rooms and/or
kitchen and where a
combination of board and
lodging may be provided.
 Motorist hotel or motel- any
structure with several
separate units, primarily
located along the highway
with individual or common
parking space at which
motorist may obtain lodging
and, in some instances,
meals.
ACCREDITATION OF ACCOMMODATION ESTABLISHMENTS BY THE
DEPARTMENT OF TOURISM

Accreditation by the department of tourism,

although not mandatory in nature, increases
the marketability of an accommodation
establishment. Any person, partnership,
corporation or other entity desiring to secure an
accreditation from the department, the
application prescribed for such purpose.
VALIDITY OF CERTIFICATE OF ACCREDITATION

The certificate of accreditation shall

be valid for a period of one year from the date of
issue, unless sooner revoked by the
department.
RESPONSIBILITIES OF ACCOMMODATION
ESTABLISHMENTS

Must exercise due diligence, not only in the

selection of its employees, but also in serving
the needs of its customers. Failure to do so
warrants the conclusion that the management
has been remiss in complying with the
obligations imposed upon hotelkeepers under
the law.
 was adopted in view of the
countrys accelerating
economic and physical
development coupled with
urbanization and population
growth. The national building
code of the Philippines
contains up to date and
modern technical knowledge
on building design,
construction, use, occupancy
and maintenance.
NATIONAL BUILDING CODE OF THE PHILIPPINES
IN ORDER TO OBTAIN A BUILDING PERMIT, THE APPLICANT SHALL FILE AN APPLICATION
THEREOF IN WRITING AND ON THE PRESCRIBED FORM WITH THE OFFICE OF THE BUILDING
OFFICIAL. EVERY APPLICATION SHALL PROVIDE AT LEAST THE FOLLOWING INFORMATION

A description of the work to be covered by the permit applied for;

Description and ownership of the lot on which the proposed work is to be

done as evidenced by TCT and /or copy of the contract of lease over the lot if
applicant is not the registered owner;

The use of occupancy for which the proposed work is intended;

Estimated cost of the proposed work.

To be submitted together with such application are at least five sets of

corresponding plans and specifications prepared signed and structural plans
by a registered mechanical engineer in case of mechanical plans, by a
registered electrical engineer in case of electrical plans and by a licensed
sanitary engineer or muster plumber in case of plumbing or sanitary
installation plans.
 Subject to the provision of
the civil code of the Philippines
on easements of light and view,
and to the provisions of this part
of the code, every building shall
be designed, constructed and
equipped to provide adequate
light and ventilation.

All building shall face a

street or public alley or a private
street which has been duly
approved.
ARTICLE 801. GENERAL REQUIREMENTS OF LIGHT AND VENTILATION
ARTICLE 806. SIZE AND DIMENSION OF ROOMS

Minimum sizes of rooms and their least

horizontal dimensions shall be as follows
Rooms for human habitations 6.00 square
meters with a least dimension of 2.00 meters.
Kitchens 3.00 cubic meter with a least
dimension of 1.50 meters.
Bath and toilet 1.20 square meters with a
least dimension of 0.90 meter.
ARTICLE 807. AIR SPACE REQUIREMENTS IN
DETERMINING THE SIZE OF THE ROOMS

Minimum air space shall be provided as

follows:
School rooms 3.00 cubic meters with 1.00
square meter of floor area per person.
Workshops, factories and offices 12.00 cubic
meters of air space per person
Habitable rooms 14.00 cubic meters of air
space per person.
 Every room intended for any use,
not provided with artificial
ventilation system as herein
specified in this code, shall be
provided with a window or
windows with a total free area of
openings equal to at least 10
percent of the floor area of room,
and such window shall open
directly to a court, yard, public
street or alley, or open water
courses.

ARTICLE 808. WINDOW OPENINGS

 Whenever artificial ventilation is
required, the equipment shall be
designed and constructed to meet
the following minimum
requirements in air changes.

For rooms entirely above grade and

used as bakeries, hotel or
restaurant kitchens, laundries other
than accessory to dwelling, and
boiler rooms not less than 10
changes of air per hour shall be
provided.
ARTICLE 811. ARTIFICIAL VENTILATION
SECTION 901. GENERAL REQUIREMENTS

Subject to the provision of book II of the civil

code of the Philippines on property ownership and its,
modification all buildings hereafter erected , altered,
remodeled, relocated or repaired for human habitation
shall be provided with

adequate potable water supply,

plumbing installation, and
suitable waste water treatment or disposal system,
storm water drainage,
pest and vermin control,
noise abatement device
DOT MEMORANDUM CIRCULAR NO. 2006-09 SERIES OF 2006 (AUGUST 23, 2006)
CONSTITUTES THE ADOPTION OF SAFETY AND SECURITY MEASURES IN HOTELS,
RESORTS, AND OTHER SIMILAR ACCOMMODATION ESTABLISHMENTS.

The following constitutes guidelines on safety and

security measures:

Guests visitors and joiner shall be registered.

Efficient recording of information on vehicles.
Efficient id system for all personnel shall be established.
Proper selection of man power and security personnel
shall be conducted.
Crisis management team whose members have
continuous training on hotel security emergency
response.
 Security spotters shall be provided to monitor the movement and
other activities of guests/ visitors, hotel staff and loiterers.

All public areas of the establishment are provided with an electronic

surveillance system, fully equipped with modern and high resolution
imaging CCTV gadgets manned by security officer.

Electronic access control devices shall be provided in the elevator for

high- rise hotels and other similar accommodation establishments.

Hotel managers and/or security officer shall undergo annual training

program on security and emergency producers in the coordination
with the association of hotel security officers of the Philippines Inc or
any concerned government agency.

Linkages with local PNP commands, and hospitals and other

concerned agencies shall be institutionalized to response to
emergency situations.
 The law tour operator shall
mean an entity which may either be
a single proprietorship, partnership
or corporation regularly engaged in
the business of extending to
individuals of groups, such services
pertaining to arrangements and
bookings for transportation and/or
accommodation, handling and/or
conduct of inbound tours whether
or not for a fee, commission, or any
form of compensation.

CHAPTER 9
NATURE AND DESCRIPTION OF THE BUSINESS
SECTION 3. FOR PURPOSES OF ACCREDITATION THE
FOLLOWING ARE THE SUPPORTING DOCUMENTS TO BE
SUBMITTED WITH THE APPLICATIONS:

In case of a single proprietorship, a business name

certificate and all amendments thereto; in the case of
partnership or corporations, a certified true copy of the
articles of partnership/incorporation and its bylaws and
amendments thereto duly registered with the securities
and exchange commission;

Complete list of executive officers and employees, tour

guide and travel representatives, if any indicating
therein their nationality, home address and experience,
including names and establishments previously or
current affiliated with position and length of service
showing following:
 In the case of manager, proof that he has at least 3 years
managerial experience in tour operations or has earned a degree in
bachelor of science in tourism or has successfully completed a tour
operator course;

Proof that, at least , two of the permanent staff have at least 2 years
experience in tour operations;

For alien officers and employees, valid visa from the bureau of
immigration and the proper permit from the department of labor and
employment

Contract of lease or contract to lease the office space intended for

the use of agency, or in the absence thereof, a sworn statement by
the less or that said agency is a lessee of his building stating the
area thereof
 Mayors permit/municipal license

Latest income tax return and audited

financial statements reflecting a
minimum working capital of five hundred
thousand pesos.

An annual performance report on the

sales production; and a tariff sheet
detailing services, rates , validity,
terms/conditions and responsibilities;
and

Such other document that the

department may require from time to
time.
 When a travel agency is
appointed by the airlines through
AITAN, the owners enters into an
agency agreement with one or more
IATANS79 customer airlines.

Travel sales intermediary (TSI)

A travel sales intermediary is a
business that is engaged in the sale
and/or brokerage of travel or travel
related services such as cruises,
tours, hotels, car rentals, and bus,
rail transportation.

AIRLINE APPOINTED SERVICES

ACCREDITATION OF TOUR GUIDES

Section 9. Requirements for issuance of accreditation. An

applicant for accreditation as tour guide shall submit
the ff.

Proof that the applicant has passed a seminar for tour

guides.
Certificate of good health
Clearance from national bureau of investigation.
Mayors permit/municipal license
Latest income tax return and
Such other documents that the department may require
from time to time
 Nature and Description of Business
A restaurant is any establishment
offering to the public refreshments
and/or meals, bars and pubs may
also be classified under this
generic category.

A department store is a store that

sells or carries several lines of
merchandise and that is organized
into separate sections for the
purpose of promotion, service,
accounting and control.

CHAPTER 10 LAWS REGULATING RESTAURANTS AND OTHER TOURISM ORIENTED

ESTABLISHMENTS
 A shop is a small retail
establishment offering a line of
goods or services.

A sports and recreational

club/center is any establishment
offering sports and recreational
facilities to tourist and to the
general public.

A museum is an institutional
establishment where a collection
of valuable objects and artifacts
on history and culture arts and
sciences are put on exhibition for
the general public.
 A karaoke bar is any establishment
offering karaoke and videoke
facilities to tourists and to the
general public.

A gallery is any establishment that

has a formal space for exhibition of
paintings sculptures, prints,
photographs, potteries and mixed
media works.

Tertiary hospital for medical tourism

is an institution that provides
clinical care and management, as
well as specialized and sub-
specialized forms of treatments,
surgical procedure and intensive
care.
 A spa is an establishment
that has a holistic approach
to health and wellness, rest
and relaxation that aims to
treat the body, mind and
spirit by integrating a range
of professionally
administered health,
wellness, fitness and beauty,
water treatment services.
 Section 1.Declaration of Policy. It is
hereby declared to be the policy of the
state to centralize and integrate all
games of chance not heretofore
authorized by existing franchises or
permitted by laws in order to attain the
following objectives:

a. To centralize and integrate the right

and authority to operate and conduct
games of chance into one corporate
entity to be controlled, administered and
supervised by the government;

LAW GOVERNING CASINOS AND GAMING ESTABLISHMENTS

 b. To establish and operate clubs and
casinos sports gaming pools (basketball,
football, etc.) and such other, for
amusement and recreation,
including/games of chance, which may
be allowed by law within the territorial
jurisdiction of the Philippines which will

(1) generate sources of additional

revenue to fund infrastructure and socio-
civic projects, such as flood control
programs, beautification, sewerage and
sewage projects, TulunganngBayan
Centers/Nutritional Programs,
Population Control and such other
essential public services;
(2) Create recreation and integrated
facilities which will expand and
improve the country's existing
tourist attractions;

(3) Minimize, if not totally eradicate,

the evils, mal-practices and
corruptions that normally are found
prevalent in the conduct and
operation of gambling clubs and
casinos without direct government
involvement.
 Creation and Purpose.

To implement state policy and pursue the

objectives set forth in the preceding section,

there is hereby created a body corporate to

be known as the Philippine Amusements and
Gaming Corporation, hereinafter referred to
as the "Corporation", which shall have its
principal office in the Greater Manila Area.

The Corporation may establish such offices,

agencies, subsidiaries, or branches in the
Philippines as its operations would require
and its Board of Directors may determine.

SEC. 2.PHILIPPINE AMUSEMENTS AND GAMING CORPORATION (PAGCOR)

RETAIL TRADE LAW

The Retail Trade Liberalization Act of 2000 was

enacted on March 7, 2000 which specifically
repealed Republic Act 1180 otherwise known as
the Retail Trade Nationalization Law

Law Regulating Sale of Alcohol

The national internal revenue code of 1997 has

imposed excise taxes on the purchase of alcohol.
The excise tax rates shall be based on the
classification of alcohol content as provided under
the law.
 Art. 327. Who are liable for
malicious mischief. Any
person who shall
deliberately cause the
property of another any
damage not falling within
the terms of the next
preceding chapter shall be
guilty of malicious mischief.
VANDALISM (MALICIOUS MISCHIEF)
Art. 328. Special cases of malicious
mischief. Any person who shall
cause damage to obstruct the
performance of public functions, or
using any poisonous or corrosive
substance; or spreading any
infection or contagion among
cattle; or who cause damage to the
property of the National Museum or
National Library, or to any archive
or registry, waterworks, road,
promenade, or any other thing used
in common by the public, shall be
punished
Art. 331. Destroying or
damaging statues, public
monuments or paintings.
Any person who shall destroy
or damage statues or any
other useful or ornamental
public monument shall suffer
the penalty of arresto mayor
in its medium period to
prisioncorreccional in its
minimum period.
 Article 308 - Who are liable for
theft.-Theft is committed by
any person who, with intent
to gain but without violence
against or intimidation of
persons nor force upon
things, shall take personal
property of another without
the latter's consent.
THEFT
ART. 310. QUALIFIED THEFT
The crime of theft shall be punished by the
penalties next higher by two degrees than those
respectively specified in the next preceding
article, if committed by a domestic servant, or
with grave abuse of confidence, or if the property
stolen is motor vehicle, mail matter or large
cattle or consists of coconuts taken from the
premises of a plantation, fish taken from a
fishpond or fishery or if property is taken on the
occasion of fire, earthquake, typhoon, volcanic
eruption, or any other calamity, vehicular
accident or civil disturbance."
ART. 311. THEFT OF THE PROPERTY OF THE
NATIONAL LIBRARY AND NATIONAL MUSEUM

If the property stolen be any property of the

National Library or the National Museum, the
penalty shall be arresto mayor or a fine ranging
from 200 to 500 pesos, or both, unless a
higher penalty should be provided under other
provisions of this Code, in which case, the
offender shall be punished by such higher
penalty.
 Convention- Exchanging views, experiences,
knowledge, skills and information and
any other related activity.

The term include the following:

Conference usually general sessions
and face-to-face groups with high
participation to plan, get facts, solve
organization and member problems.
Congress commonly used European
designation for convention and mainly
international in scope.

CHAPTER 11:
LAWS REGULATING PROFESSIONAL CONGRESS ORGANIZERS.
 Seminar face-to-face group
sharing experiences in sharing
particular field under the guidance
of an expert discussion leader

Lecture formal presentation by

an expert sometimes followed by
question-and-question period.

Symposium panel discussion by

experts in a given field before a
large audience with some audience
participation but appreciably less
than forum.
 Forum panel discussion
taking opposite sides of an
issue by experts in a given
field with liberal opportunity
for audience participation.

Workshop general session

and face-to-face groups of
participants training each
other to gain new knowledge,
skills, insights into problems.
 Colloquium a program in which
the participants determine the
matter to be discussed. Focus on
the most frequent problems.

Professional Congress Organizer

any person, natural or juridical,
who manages conventions,
either as an official of an
organization, consultant,
volunteer, or as a retained
professional.
 The following may apply for
accreditation of Department of
Tourism:

A resident Filipino citizen

Partnership by the laws of
Philippine, 60% of the capital is
owned by the Filipino citizens; and
Corporations organized under laws
of the Philippines being owned by
Filipino citizens and composition of
its Board of Directors.

TRADE SHOWS AND EVENTS MAY BE ORGANIZED BY A PROFESSIONAL

CONGRESS ORGANIZER TO HANDLE EVERYTHING.
 THE LAW: FOREIGN
INVESMENTS ACT OF 1991

This Act shall not apply to

banking and other financial
institutions which are
governed and regulated by
the General Banking Act and
other laws under the
supervision of the Central
Bank.

CHAPTER 12:
LAWS RELATED TO TOURISM INVESTMENTS AND FINANCE
 The policy provides that
foreigners can now invest in
all activities and enterprises
in the Philippines, except
those covered in the
negative list.

DISCUSSION OF THE LAW:

 Restaurants and other
tourism-related
establishments such as
department stores and
shops are governed by the
laws on retail trade by
reason of the nature of
their business.
APPLICATION OF THE RETAIL TRADE LAW FOR RESTAURANTS AND SHOPS
 Promissory note- it is a
written promise committing
the maker to pay the payee
a specified sum of money
either on demand or at a
fixed or determinable future
date, with or without
interest.
APPLICABLE NEGOTIABLE INSTRUMENTS AND DOCUMENTS OF THE TITLE
Types of notes

Certificate of deposit
Mortgage note

Bill of exchange- it is an
unconditional order in writing
addressed by one person to
another, signed by the person
giving it, requiring the person to
whom it is addressed to pay on
demand or at a fixed
determinable future time a sum
certain ion money to order or
bearer
Types of bills exchange
Draft
trade acceptance
bankers acceptance

Check- is a bill of exchange drawn

on a bank payable on demand.

Types of check
managers check
travelers check
certified check
crossed check
 1. Vital role of banks in
providing an environment
conductive to the sustained
development of the national
economy.

2. The fiduciary nature of

banks that requires high
standards of integrity and
performance.
FINANCING
 Bank- is a corporation formed for
the purpose of maintaining savings
account and checking accounts
issuing loans and credit, and
dealing negotiable securities issued
by governmental entities and
corporations.

Credit card is defined as a small

card establishing the right of a
holder to credit on certain
purchases such as meals, lodging,
gasoline or merchandise. It is wallet
size identification card that enables
its holder to buy products and
obtain services on credit from one
or a variety of business firms.
 Joint venture- is distinguished from a partnership in
such a way that a joint venture may or may not attain a
juridical personality. If qualified as a partnership under
the civil code, it is taxable as a corporation, and if not
qualified as a partnership, it has no juridical personality.

Management contract- is an arrangement under which

operational control of an enterprise is vested by contract
in a separate enterprise which performs the necessary
managerial functions in return for a fee.
 Franchising- Is a privilege given to a dealer by a
franchise service organization to sell the
franchisors products or services (including the
trademarks and the trade names) in a given area,
with or without exclusivity.

Product distributorship is a form of franchising

where owners of the products allow other parties
to sell or distribute their products or even use their
trademark as a dealer.
 The business format is a form of franchising
used by 90% of companies involved in
franchising. This is the reason why franchising
is considered the most successful way of
expansion worldwide.
 Labor- Whether local or overseas,
organized or not organized, shall
be given constitutional
protection. The right to strike,
although already a part of the
right to self-organization is
specially mentioned. The right to
a living wage is expressly stated.
A wage is a living wage if it is
adequate to sustain a worker
and his family in dignity.

CHAPTER 13.LABOR LAW

 Casual employees- are those
employment either regular,
project nor seasonal as defined
under article 280 of the Labor
Code. There is casual
employment where an employee
is engaged to perform a job.

Seasonal employees- those

whose work is seasonal in nature
and the employment is for
duration of the season. Regular
seasonal employees are those
called to work from time to time.
TYPES OF EMPLOYEES
 Project employees- is one whose
employment has been fixed for a
specific project or undertaking the
completion or termination of which
has been determined at the time of
the engagement of the employee or
where the work service is
performed is seasonal in nature
and the employment is for the
duration of the season.

Probationary employees is one

who is on trial by an employer
during which the employer
determines whether or not he is
qualified for permanent
employment. He shall not exceed
six months from the date the
employees started working.
 Employees for fixed term covered
employment contracts providing for
term employment or fixed period
employment. Stipulations
providing for a fixed period
employment are valid when the
period agreed upon has been
knowingly and voluntarily agreed by
the parties without force, duress or
improper pressure extended on the
employees, and when such
stipulations were not designed to
circumvent the laws on security of
tenure.
 Overseas Filipino workers-
referred as migrant it
refers to a person who is to
be engaged, is engaged or
has been engaged on a
remunerated activity in a
state of which he or she is
not a legal resident.
SPECIAL WORKERS

Apprentices- are a worker who is covered by a written

apprenticeship agreement with an individual employer
or any of the recognized entities. It is a person
undergoing training for an approved apprentice able
occupation during an established period assured by an
apprenticeship agreement.

Leaners- are persons hired as trainees in semi-skilled

and other industrial occupations which are not
appreticeable and which may be learned through
practical training on the job relatively short period of
time which shall not exceed three months.
 Handicapped workers- are those
whose earning capacity is impaired
by age o physical or mental
defiance or injury. Under section
4(a) of R.A 7277, also known as
Magna Carta for Disabled
Persons, disabled persons are
those suffering from restriction or
lack of Different abilities, as a
result of a mental, physical or
sensory impartment, to perform an
activity in the manner or within the
range considered normal for human
being.
 The Law
Art. 3. Declaration of basic
policy. The state shall afford
protection to labor, promote
full employment, ensure
equal work opportunities
regardless of sex, race or
creed, and regulate the
relations between workers
and employers.
LAW AGAINST DISCRIMINATION
 Insurance- is very useful for
companies engage in tourism
industry because there are many
kinds of risks enterprises where
investment oftentimes is quite
substantial. It is govern by the
Insurance law (P.D. 612 which
instituted the insurance code
now referred to as P.D 1460). In
case of latters deficiency, the
provisions of the Civil Code of the
Philippines govern.
CHAPTER 14.INSURANCE LAW
INSURANCE CONTRACTS MAY REFER TO THE
FOLLOWING:

Life insurance- an insurance on human lives

and insurance appertaining thereof or
connected therewith.

Fire insurance- which includes loss by fire,

lightning, windstorm, tornado or earthquake
and other allied risks, when such risk are
covered by extension to fire insurance policies
or under separate policies.
 Marine insurance- a contract whereby one of the
considerations agrees to indentify another for the
loss or damage on a certain interest subject to
marine risks by certain perils of the sea or
specified casualties during voyage or fixed period.

Personal accident insurance- which provides

pecuniary compensation for expenses or loses of
income brought about by death or bodily injury
arising from violent, external visible and accidental
means.
 Insurable interest is that relationship with a person or
thing that will support the issuance of an insurance
policy.

Insurable interest in Group Insurance- is essentially a

single insurance contract that provides coverage for
many individuals. It provides a life or health insurance
coverage for the employees of the employment.

Insurable interest in Property- in property insurance, it is

important that insurable interest must exist when the
insurance takes effect and when the loss occurs.
War risk insurance- is an insurance covering damage
caused by acts of war. It includes coverage of wars,
hijacking and related perils. Insurers have intended to
withdraw liability coverage for weapons of mass
destruction (WMD) a subset of War Risk Insurance.
WMD includes:

Radioactive contamination (dirty bombs)

Electromagnetic pulse devises
Chemical/biological weapons
CHAPTER 15.TOURISM AND HOSPITALITY
MANAGEMENT EDUCATION

In accordance with the pertinent provisions of

Republic Act (RA) No. 7722, otherwise known
as the Higher Education Act of 1994, the
following Minimum Curricular Requirements for
the Bachelor of Science in Hospitality
Management (HM)/Tourism are hereby
adopted and promulgated by the Commission.
The minimum curricular
requirements consist of
general education (51
units), hospitality
management core (24
units), business education
core (18units) and major
subjects (36units),
practicum (3units), physical
education (8units).
 Higher Education Institution

Training partner

Third party training partner

Student
A. QUALIFICATION OF/REQUIREMENTS FOR THE AGENCIES/PARTIES INVOLVED:
 Higher Education Institution

Training partner

Third party training partner

Student

Parent/Guardian
OBLIGATIONS/RESPONSIBILITIES OF AGENCIES/PARTIES INVOLVED:
 Implementation

Monitoring and Evaluation

Duration of the Training

OPERATION OF THE INTERNATIONAL PRACTICUM TRAINING PROGRAM

SANCTIONS

1. Any school found guilty of violating the provisions

contained in the IPTP policies and guidelines shall be
subject to the revocation of its annual permit to
participate in the IPTP.
2. Any violation of the IPTP policies and guidelines by a
student trainee shall be subject to any of the following
sanctions:

Failing grade in the practicum subject

Invalidation of the training undertaken
Disqualification from the IPTP
3. Any student subsequently
assessed to be unsuitable for
deployment by CHED shall be
deleted from the Flist.

4. Any training partner found guilty,

after investigation, of violating
any of the provisions contained
in the IPTP policies and
guidelines shall be blacklisted by
CHED who shall advise all school
participants of such action.
 The allowable increase of tuition
and other fees in all levels
should not be more than
prevailing national inflation rate.

Any increase of tuition of other

fees in all levels to be made up
by Private Higher Education
Institution shall be subjected to
consultation with stakeholders
and approval of the Commission
on Higher Education.
THE LAW
 Section 3 (b) of the Anti-
Sexual Harassment Act of
1995 or R.A No. 7877
provides that in an
education or training
environment, sexual
harassment is committed:

SEXUAL HARASSMENT IN THE ACADEME

 Against one who is under the care,
custody or supervision of the offender;

Against one whose education, training,

apprenticeship or tutorship is entrusted
to the offender,

When the sexual favour is made a

condition to the giving of honors and
scholarships, or the payment of a
striped, allowance, or other benefits,
privileges or considerations; or

When the sexual advances result in an

intimidating, hostile or offensive
environment for the student, trainee, or
apprentice.
CHAPTER 16.FORMALITIES OF ENTRY IN AND
EXIT FROM THE PHILIPPINES

Section 10. Non-immigrants must present for

admission into the Philippines an unexpected
passport of official documents in the nature of
passports issued by the government of the
countries to which they owe allegiance or the
other travel documents showing their origins
and identity as prescribed by regulations, and
valid passport visas granted by diplomatic or
consular officers.
THE PHILIPPINE IMMIGRATION ACT PROVIDES SEVEN VISA
CATEGORIES FOR NON-IMMIGRATION:

Temporary visitor
Transient
Seaman
Treaty trader or treaty investor
Foreign government official
Student
Prearranged employment

An alien is allowed for only one immigration visa category

at any given time.
THREE TYPES OF PASSPORTS

Diplomatic passport
-Issued for person imbued with diplomatic status.

Official passport
-Issued to all government officials and employees on official trip abroad
but who are not diplomatic mission or delegates to international or
regional conferences.

Regular passports
-Issued to private person who are not eligible
to diplomatic or official passports,
including government officials or
employees going abroad for pleasure
or other personal reasons.
 In the Philippines, a
passport is a document
issued by the Department
of Foreign Affairs certifies
the Philippine citizenship of
the holder and is used for
travel purpose.
PHILIPPINE PASSPORT
TREATY TRADER OR TREATY INVESTOR

Is a foreigner who is entering the Philippines solely to

carry a substantial trade or commerce between the
Philippines and the country of which he is a National
pursuant to an existing treaty of commerce and
navigation.

He has invested or is actively in the process of investing

a substantial amount of capital or

Where his employer has invested or is actively in the

process of investing a substantial amount of capital.
 Section 29. (a) The following classes of aliens
shall not be excluded from entry into the
Philippines.

1. Idiots or insane persons and person who are

have been insane;

2. Person afflicted with a loathsome or

dangerous and contagious disease, as
epilepsy;

3. Person who have been convicted of a crime

involving moral turpitude;

4. Prostitute, or procurers, or person coming for

any

EXCLUSION OF FOREIGNERS
5. Person likely to become public
charge;

6. Paupers, vagrants, and beggars;

7. Person who practice polygamy or

who believe in or advocate
practice of polygamy;

8. Persons who believe in or

advocate the overthrow by force
and violence of the Government
of the Philippines.
 9. Persons who are over 15 years
of age, physically capable of
reading, who cannot read printed
matter in ordinary use in a
language selected by the alien.

10. Persons who are member of

the family accompanying an
excluded alien, unless in the
opinion of the Commissioner of
Immigration no hardship would
result from the admission;
11. Persons accompanying an excluded
person who is helpless from mental or
physical disability or infancy, when the
protection or guardianship of such
accompanying person.

12. Children under 15 years of age,

unaccompanied by a parent, except that
any such children may be admitted in
the discretion of the Commissioner of
Immigration, if otherwise admissible;

13. Stowaways, except that any stowaway

may be admitted in the discretion of the
commissioner of Immigration, if
otherwise admissible;
 Section 37. (a) The following aliens
shall be arrested upon the
warrant of the commissioner of
Immigration or any other officer
designated by him for the
purpose and deported upon the
warrant of the Commissioner of
Immigration after a
determination by the board of
Commissioners of the existence
of the grounds for deportation as
charges against the alien.

DEPORTATION OF FOREIGNERS
1. Any alien who enters the Philippines after
effective date of this Act by means of false
misleading statement or without inspection
and admission by the immigration
authorities at a designated port of entry or at
any place other than at a designated port of
entry;

2. Any alien who enters the Philippines after

the effective date of this Act, who was not
lawfully admissible at the time of entry;

3. Any alien who, after the effective date of this

Act, is convicted in the Philippines and
sentences for a term of one year or more for
a crime involving moral turpitude committed
within five years after his entry to the
Philippines;

4. Any alien who is convicted and sentenced for

violation of the law governing prohibited
drugs;
5. Any alien who practices prostitution
or is an inmate of a house of
prostitution or is connected with the
management of a house of
prostitution, or is a procurer;

6. Any alien who becomes a public

charge within five years after entry
from causes not affirmatively
shown to have admitted as a non-
immigrant;

7. Any alien who remains in the

Philippines in violation of any
limitation or condition under which
he was admitted as a non-
immigrant;
8. Any alien who believes in,
advises advocates or teaches
the overthrow by force and
violence of the government of
the Philippines;

9. Any alien who commits any of

the acts describe in sections
forty-five of this Act,
independently of criminal
action which may be brought
against him;
10. Any alien who, at any time
within five years after entry, shall
have been convicted of violating
the provisions of the Philippine
Commonwealth Act Numbered
Six hundred and fifty-three,
otherwise known as the
Philippine alien Registration act
of 1941.

11. Any alien who engage in

profiteering, hoarding, or black-
marketing, independently of any
criminal action which may be
brought against him;
 (1) By order of the President,
after due investigation,
pursuant to the old 1917
Administrative Code, Section
69

(2) Through the Commissioner

of Immigration upon
recommendation by the
board of commissioners
under the Philippine
Immigration act of 1940
DEPORTATION OF FOREIGNERS MAY BE AFFECTED INTO TWO WAYS:
 Senior Citizen Law
Republic Act No. 9257
(also known as the Senior
Citizen Law of 2004)

Discussion of the Law

Senior citizen or
elderly shall mean any
resident citizen of the
Philippines at least 60 years
old.
CHAPTER 17.SPECIAL TOPICS
 (a) Piracy in general and munity in
the high seas or Philippine
waters;
(b) Rebellion or insurrection;
(c) Coup dtat;
(d) Murder;
(e) Kidnapping and serious illegal
detention;
(f) Crimes against destruction such
Arson, Anti-hijacking law, and
Anti-piracy and Antirobbery high
law.
AN ACT OF TERRORISM IS COMMITTED BY ANY PERSON WHO
COMMITS THE FOLLOWING ACTS UNDER THE REVISED PENAL
CODE:
THE LAW HAS IMPLEMENTED MEASURE TO
ACHIEVE THE FF:

a) Protection against hazard to health and safety;

b) Protection against deceptive, unfair and
unconscionable sales acts and practices;
c) Provision of information and education to facilitate
sound choice and the proper exercise of rights by
the consumer;
d) Provision of adequate rights and means of
redness; and
e) Involvement of consumer representatives in the
formulation of social and economic policies.
 Article 1. No individual may
be subject to disadvantage
of any kind because he/she
is a member of a particular
national, ethics, linguistic,
cultural or religious
minority, or because of
his/her sexual learnings.

CULTURAL MINORITIES, PROTECTED AREAS, WILDLIFE,

AND HERITAGE AND CULTURAL PRESENTATIONS
 Cave- any naturally occurring void, cavity,
recess or system of interconnected passage
beneath the surface of the earth.

Cave resources- include any material or

substance occurring naturally caves, such as
animal life, plant life, including
paleontological and archaeological deposits.

Wild life- wild forms of varieties of flora and

fauna, in all developmental stages, including
those which are in captivity or are being bred
or propagated.

National Integrated Protected Area System

(NIPAS)- is the classification and
administration of all designated protected
areas to maintain essential ecological
process and life-support system
THE FOLLOWING CATEGORIES OF PROTECTED
AREAS ARE HEREBY ESTABLISHED:

Strict nature preserve

Natural park
Natural monument
Wildlife sanctuary
Protected landscapes and seascape
Resource reserve
Natural biotic areas
Other categories established by law.
LAW ON INTELLECTUAL PROPERTY RIGHTS

is enacted to streamline administrative

procedures of registering patents, trademarks,
and copyright, to liberalize the registration on
the transfer of technology, and to enhance the
enforcement of intellectual property rights in
the Philippines.
 Implements the policy f the
state to provide special
protection to children from all
forms of abuse, neglect,
cruelty, exploitation,
discrimination, and other
conditions prejudicial to their
development including child
labor and worst crimes, and
provide sanctions for their
commission.
ANTI-CHILD ABUSE
 Article 202. xxx.
5. Prostitutes
For purpose of this article,
women who, for money or profit,
habitually indulge in sexual
intercourse or lascivious conduct
are deemed prostitutes.

The penalty for committing

prostitution is imprisonment or a
fine, or both, in the discretion of the
court.

ANTI-PROSTITUTION LAW
ANTI-PORNOGRAPHY

Art.201. Immoral doctrines, obscene publications

and exhibitions, and indecent shows.

Discussion of the Law

Obscene- means something offensive to chastity,
decency or delicacy.
Indecency- is an act against the good behaviour
and just delicacy.
 Republic Act No. 6235 (June
19, 1971), anti-hijacking is
committed by any person who
compels a change in the
course or destination of an
aircraft of the Philippine
registry, are seize or usurps
the control thereof, while it is
in flight. An aircraft is in slight
from the moment all its
external doors are closed
ANTI-HIJACKING LAW
following embarkation until
any of such doors is opened
for embarkation.
 (Republic Act No. 9165, also
known as the Comprehensive
Dangerous Drugs Act of
2002)

The Law
implements the policy of
the state to safeguard the
integrity of its territory and
the well being of its citizenry
particularly the youth.

DANGEROUS DRUG LAW

 (Republic Act 8749, Philippine
Clean Air act of (1999)

The Law
This law implements the
policy of the sate to pursue
a policy of balancing
development and
environmental protection.
ANTI-SMOKING LAW
 Sec. 3601. Unlawful Importation-
any person who shall
fraudulently import or bring into
the Philippines, or assist in so
doing, any article, contrary to
law, or shall receive, conceal,
buy, sell, or any manner facilitate
the transportation, concealment,
or sale of such article after
importation, knowing the same
to have been imported contrary
law, shall be guilty of smuggling.
ANTI-SMUGGLING LAW
SMUGGLING IS COMMITTED BY

(1) Fraudulently imports or brings into the

Philippines any article contrary to law.

(2) Assist in so doing any article contrary to law.

(3) Receives, conceals, buys, sells or in any

manner facilitate the transportation,
concealment or sale of such goods after
importation
 Sec3. (a) Violence against women and
children refers to any acts or a
series of acts committed by any
person against a woman who is his
wife, former wife, or against woman
with whom the person has or had a
sexual or dating relationship, or with
whom he has a common child
whether legitimate or illegitimate,
within or without the family abode,
which result in or is likely to result in
physical, sexual, psychological harm
or suffering, or economic abuse
including threats of such acts,
battery, assault, coercion,
harassment or arbitrary deprivation
of liberty.
LAW ON VIOLENCE AGAINST WOMEN AND CHILDRENS
ACTS AGAINST VIOLENCE

(1) Physical Violence- refers to acts that include

bodily or physical harm.
(2) Sexual Violence- refers to act which in sexual
in nature, committed against a woman or her
child. It includes, but not limited to, forcing her
to which obscene publications and indecent
shows or forcing the woman or her child to do
indecent acts and/or make films thereof.
 Republic Act 9208, Anti-
trafficking in person Act of
2003, May 26, 2003.

The recruitment,
transportation, transfer,
harbouring or receipt of a
child for the purpose of
explanation shall also be
considered as trafficking in
person.

LAWS ON HUMAN TRAFFICKING

 The World Tourism
Organization (UNWTO) is a
specialized agency of the
United nations and the
leading international
organization in the field of
Tourism.

INTERNATIONAL LAW ON TOURISM

 Is tourism associated with travel
to health spas or resort
destinations where the
primary purpose is to improve
the travelers physical well-
being through a regimen of
physical exercise and therapy,
dietary control, and medical
services relevant to health
maintenance.
HEALTH TOURISM
 The growth and
development of the tourism
industry is imperative in the
context of regional and
countryside development. It
generates employment
(roughly 2.3 million) trade
and business opportunities.
TOURISM RESEARCH