Punyeta

INTRODUCTION

Handout No. 1
Atty. Amado R. Villegas, Jr.

Law – a rule of conduct, just and obligatory, promulgated by legitimate authority, and of common observance and benefit1. (memorize)

a. Characteristics of law (4)

b. Three Branches/Departments of the Government (Legislative, Executive and Judiciary)

c. Hierarchy of the courts

Kinds of Law

As to purpose
(1) Substantive–alawwhichcreates,definesandregulatesrightsanddutiesoftheparties
(2) Adjective/Procedural - a law which provides the method of aiding and protecting certain rights

As to scope
(1) GeneralorPublicLaw–alawwhichappliestoallpeopleofthestateortoallofaparticularclass

of persons in the state
e.g. – Criminal law, International law, Political law

(2) Special or Private Law – a law which relates to particular persons or things of a class e.g. – Civil law, Maritime law, Mercantile law

Tourism law – a body of rules or principles of action which deals with the regulation, authority, relations and obedience among members of a society involved in tourist travel and accommodation. It includes persons traveling from place to place for pleasure, and business establishments or persons engaged in the occupation of providing various services for tourists.

Sources of law relevant to tourism

1. Philippine Constitution

2. Statutes or legislative enactments

3. Administrative or Executive order, regulations and rulings

4. Judicial decisions or jurisprudence (Doctrine of Stare Decisis or Doctrine of Precedent)

5. Customs and Traditions

6. Other sources (decisions of foreign tribunals, principle of justice and equity, opinions of textbook writers and religion)

1 Sanchez Roman

Fundamental Laws Affecting Tourism

1. Philippine Constitution (1987)

2. Obligations and Contracts (RA 386)

3. Corporation Law (BP 68)

Constitution – it is a written instrument by which the fundamental powers of the government are established, limited...