Tourism & Hospitality Law

What is Tourism and Hospility Industry Law?

Tourism Law is a unique area of law which involves general government regulations and specific travel and
hospitality industry rules.

Tourism Law also reflects not only the rights of international and local tourists, but also the legal responsibilities of
inbound-outbound tour operators, travel agents and other significant players in this industry.

The main concern in Tourism Law is to provide a fair and equitable environment for travel consumers and
organization.

The importance of Tourism and Hospility Industry Law:

 Keeping Customers / Safe

 Honoring Agreements and Fair Marketing
 Protecting Your Reputation
 Record-Keeping for Hospitality Laws

Honoring Agreements and Fair Marketing For instance, Tourism Law comes into play when it involves goods and services
rendered and situations where laws are there to ensure restaurants are serving food which are safe to consume and are
free from danger

Tourism Law also encompasses laws in movement of

people and goods across the World.

Tourism Law also plays an important role in cases or situations involving terrorism, natural
disasters, protests, and disease break-outs where visitors and tourists should be aware of their
rights and the safety precaution measures that should or could be taken at the time. Tourism
Law provides guides and imposes responsibilities and liabilities to the players in the industry to
ensure the safety and the well-being of any tourists or visitors under their care in cases which
are out of their control as listed about.
Importance of tourism law at bakit kailagan natin to kailagan pag aralan

Law are set rules they are guides./ guidelines

Nag seset siya ng standard para sa biggest industry of the world with is tourism

1. Political law
 Paano ba nag kakaroon ng mga tourism organization or istituion
2. Criminal law
 Sa nakapaka laking secktor ng tourismo may nag yayari hindi maganda sa mga
stakeholder or sa mga employer or employee sa tourism for example harassment
3. Labor law
 Para alam na kung ano ang mga Karapatan natin bilang isang mga emplyado o ano ang
mga resposibilidad natin bilang isang impluyer sa tourism
4. Civil law
Madaming contrata
-Obligation and contract
Bahagya ng sales
5. Commercial law
Sa napakalawag na tourismo, An daming business pwede jan ang mga hotel, resort,
airlines, travel agencies
 Kailangan malaman ang mga basics ng commercial law

6. Tourism ethics
Paano sila nakaka apeckto sa mga sector ng tourism tulad ng transpo, accumu, food service,
action, event, nature recreation, entertainment, travel at tourism services

Na papagalaan nju
Tourism law

DECLARED POLICY

May be defined as a body of rules or principles of action which deals with the regulation,
authority, relations and obedience among members of a society involved in tourist travel and
accommodation.

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

Why do we need tourism law?

According to the United Nations' World Tourism Organization (UNWTO), the purpose of
travel legislation is to provide a regulatory framework for the proper development and
management of tourism activities. Ideally, this will aid in the conservation of natural resources
and the preservation of cultural traditions.

Why is there a need to study tourism laws?

1. it protects the rights of travelers and tourism workers.

 every filipino has atleast has a 1 become traveler in his life

2. to preserve tourism resources where future generations can enjoy.

3. to provide better tourism services.

4. to promote growth of the tourism industry.

Helping our government to generate income for our country, so we can compete in
global economy

TOURISM ACT OF 2009 R.A. 9593

Approved by former President Gloria Macapagal-Arroyo on May 12, 2009, and published
in the Official Gazette on July 13, 2009;

• Approved by Congress as SENATE BILL 2213/HOUSE BILL 5229, entitled: "AN ACT DECLARING A
NATIONAL POLICY FOR TOURISM AS AN ENGINE OF INVESTMENT,
EMPLOYMENT, GROWTH, AND NATIONAL DEVELOPMENT AND STRENGTHENING THE DOT, ITS
ATTACHED

AGENCIES, TO EFFECTIVELY IMPLEMENT THAT POLICY..."

TOURISM ACT OF 2009 R.A. 9593

Tourism Act of 2009 DECLARED POLICY: Tourism is an indispensable element of the national
economy and an industry of national interest and importance; harnessed as an engine of socio-
economic growth/cultural affirmation, to generate investment, foreign exchange, employment
and to mold national pride.. Strengthens the Department of Tourism (DOT) and its attached
agencies to effectively and efficiently implement that policy, and appropriates funds therefore."

IRR was signed on November 10, 2009 and published November 12, 2009;

Signed by the former President during the "One Visayas Summit on Climate Change" at Imperial
Palace, Cebu City;

The Department of Tourism (DOT)

Primary planning, programming, coordinating and implementing/regulatory agency in the

development and promotion of the tourism industry.

CHANGES AFTER THE IMPLEMENTATION OF R.A. 9593

After R.A. 9593, DOT will be...

. Empowered to strengthen the different agencies attached to it in order to more efficiently and
effectively coordinate the functions and resources of government for tourism promotions and
development programs, as well as eliminate overlaps of functions.

Given a bigger jet engine to make our tourism industry very globally competitive" as the law
allows the setting up of a system of accreditation, standards-setting, and classification to make
the tourism industry globally competitive (former Secretary Ace Durano).
Attached Agencies

1. From PTA to TIEZA

2. From PCVC to TPB

3. From DFP to DFPC

Tourism Infrastructure and Enterprise Zone Authority (TIEZA)

⚫ The Tourism Infrastructure and Enterprise Zone Authority (TIEZA), a government corporation,
was created by virtue of Republic Act No. 9593 or the Tourism Act of 2009 on May 12, 2009,
replacing the Philippine Tourism Authority (PTA).

• A corporate body, to regulate and supervise TEZS as well as develop, manage and supervise
tourism infrastructure projects in the country.

 50% of the proceeds of travel taxes ( going to them)

 Reasonable share from the collections of the Office of Resource Generation

• Income from TIEZA projects

• At least 5% from the travel tax collection in the TIEZA share shall be earmarked for historic,
cultural, religious and heritage sites and prime tourist destination

Tourism Promotions Board (TPB)

⚫ The Tourism Promotions Board (TPB) exists to market and promote the Philippines
domestically and internationally as a world-class tourism and MICE destination, in strategic
partnership with private and public stakeholders to deliver a unique high-value experience for
visitors, significantly contributing to increased arrivals, receipts and investments to the country.

 70% of the 50% income of the DFPC

• At least 25% of the 50% share of the NG in PAGCOR remittance. At least 25% of the NG
share in the remittances from airports/seaports
 Special contingency fund- 10% of the allocation for promotions shall be set aside for
emergencies
 Duty Free Philippines Corporation (DFPC)
The DFPC shall be a body corporate to operate the duty and tax-free merchandising system in
the Philippines to augment the service facilities for tourists and to generate foreign exchange
and revenue for the government, as established by the Department under Executive Order No.
46.
- Pag bumili ka ng item nila walang tax yun sa sa duty free

What is the effect if there is no Tourism Laws?

Our country might be exposed in any acts of TERRORISM: We will not forget what happened
during the December 30, 2000 Light Railway terrorist attack, also known as the Rizal Day Attack
where many have died and one hundred victims injured. Our country might be exposed in any
acts of TERRORISM: We will not forget what happened during the December 30, 2000 Light
Railway terrorist attack, also known as the Rizal Day Attack where many have died and one
hundred victims injured.

The explosion of Newman Goldliner air- conditioned bus traveling in Makati City on January 25,
2011, where it was confirmed that 4 people were killed, and 14 others wounded.

THE OIL SPILL IN THE GUIMARAS ISLANDS. The oil tanker M/T Solar I, carrying more than two
million liters of bunker fuel, sank on August 11, 2006 at the Guimaras Strait off the coast of the
Guimaras and Negros Occidental provinces.

- Causing 500,000 liters of oil spill, madami yung namatay na isda at makuhang sakit sa/ nag
ka sakit dahil doon sa amoy ng oil

THE 2007 GLORIETTA EXPLOSION. This occurred in the Glorietta 2 section at Ayala Center in
Makati, Metro Manila on October 19 2007. The blast killed eleven and injured at least 126
persons. The most probable cause, according to authorities, was the accumulation of methane
gas in the building's septic tanks, as well as other combustible materials in its basement.

The sinking of the MV Princess of the Star made the Philippine Coast Guard and the owners of
Sulpicio Lines in a very bad light.
 Baragay Justice System
Barangay: basic government institution  Kung pwede I settled sa baranagay sa
 Pinakamaliit na sanfgay ng governo barangay muna

General Rule
Barangay Chairman Lahat nag kaso naka file pero may
 Executive officer ng barangay Exeption
Chairman ng lupong tagapamayapa
 Presiding officer Kailangan I daan sa barangay yung Reklamo
Na may rule sa Judiciary,  Pag Parihas yung ng rereklamo at
executive and legislative nirereklamo ng city or municipality
 Mayor ng barangay at vice mayor
ng barangay Pag di parihas Pwede nag I diretso sa courte

Role of Barangay Settlement

 Consolidation of proceedings An tawag hindi kaso Pag sa Barangay
 Kung pwede ma settled sa barangay sa kasi ang purpose I settlement means wlang
barangay muna. away na nagyari settle na
 Para maiwasan ang pag abot sa courte, Pag di na Settle tataas sa courte
kung pwede lang naman na di na Ano- Ano yung mga kaso na sa barangay
umabot sa courte sa barangay muna. muna pag-uusapan

Decision ng barangay  Lahat ng kaso ay dadaan sa barangay,

 Arbitration Award or Settlement kung ang dalawang parties ay resident
award ng same city or municipality
 Has a force ( Power) and Effect of the Except:
decision of the supreme court 1. If one party is government or
government institution
Purpose 2. One party is public officer at yung
kaso ay related in his performance
 of this official function as public Walang sweldo pero kung may budget
officer. ang barangay pwede itong mag bigay ng
3. Yung officer may penalty na more Incentives.
than 1 yr imprisonment or fine
more than 5,000
Assume that you file a case hindi yun dadaan
Sa Barangay BAWAL MAG DALA NG sa Lupon sa Barangay Captain yun
ABOGADO Si Bc I settle kayong dalawa kung kaya I
SPECIFIC PROVISION settle, kung di kaya I rerefer ang kaso sa
lupong taga pagkasundo
Local government code
Kailangan lahat ng parties involve in
the case must apper in person Yun Peace In Order

It must not Represent by a lawyer 1. Lupong Taga pamayapa

2. Lupong Taga Pag Kasundo
If your insane, Minor, pwede mag
represent ng parents or kamag anak basta Sangunian ng Barangay- Kagawad
hindi lawyer Barangay Ordinance
kung pwede ma settle in informal way Bawal Bawasan ang sweldo mo sa
I settle na para ma avoid litegation sa trabaho kung mag peperforme ka ng
court Lupong duty mo
Lupong taga pamayapa Lupong Taga Pag kasundo
Assume that you file a case, pag
Headed by the Chairman at may 10 to file mo ng case kayong dalawa parties
20 members involve pipili kayo among sa lupong
Yung 10 to 20 members taga pamayapa ng tatlong members
kung sino ang mag settle sa inyong
Purpose - admistrative supervision in
dalawa kayo dalawa ang pipili among
all consolation cases
the 20 members kung wla kayong
Appointed- by Barangay chairman mapili I drow ng lots