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CHAPTER 1 - Reviewer - Legal Aspects

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CHAPTER 1

Legal Aspects in Tourism and Hospitality

GENRAL PRINCIPLES

IGNORANTIA JURIS NON EXCUSAT & IGNORANTIA LEGIS NON EXCUSAT


- Ignorance of the law excuses no one from compliance therewith.
- Ignorance of the law excuses not
A legal principle holding that a person who is unaware of a law may not escape liability from
violating that law merely because one was unaware of it.
 
Law
- as a body of rules of action or conduct prescribed by controlling authority, and having binding
legal force.

Philippine Constitution
- is the most basic of laws in our jurisdiction. ( 1935,1973, 1986, 1987)

Constitution
- Defined as the organic and fundamental law of a nation or state, which may be written or
unwritten, establishing the character and conception of its government, laying the basic
principles to which its internal life is not be conformed, organizing the government, and
regulating, distributing and limiting the functions of its different departments, and prescribing
the extent and manner of the exercise of sovereign power.
 
- Our Constitution contains our system and framework of government, the various rights and
duties of its citizens as well as other powers and incidents thereof that our public officials and
their offices may exercises.
 
Purpose of constitution
1. For Self-Determination
- A constitution determined the people’s right to govern themselves and recognize the equal
rights of all to build a political, economic and social system of our own free choice.
2. To embody the civic spirit
- It contains the spirit, the hopes, the aspirations, the expectations and desires of its authors as
well as the highest value of the citizens.

3. To provide legal framework and system of government.


- It identifies the locus and boundaries of authority and of people’s right.

Work in the hospitality sector involves two major concerns:


1. the treatment of persons
2. the treatment of property
 
The Philippine Territory
- The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.
 
The Philippine Territory Comprises
1. The Philippine Archipelago
2. All other territories over which the Philippines has sovereignty or jurisdiction
 
 In addition, the United Nations Convention on the Law of the Sea which was ratified by
the country on August of 1983 provided for our Maritime Zone of 12 miles and Exclusive Economic
Zone of 200 miles.

 
Citizenship
2 Principles used in determining the citizenship if a person:
1. Jus sanguinis
- a principle of nationality law by which citizenship is determined or acquired by the nationality or
ethnicity of one or both parents.
2. Jus soli
- a rule that the citizenship of a child is determined by the place of its birth.

 
Article IV, Section 1 of the 1987 Constitution:
The following are citizens of the Philippines:
[1] Those who are citizens of the Philippines at the time of the adoption of this Constitution;
[2] Those whose fathers or mothers are citizens of the Philippines;
[3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority; and
[4] Those who are naturalized in accordance with law.
 
According to our laws, Philippine citizenship may be acquired through:
1. By birth
A. if a person is born in the Philippines and his nationality laws follow the rule of jus soli
B. or being both of Filipino parents (jus sanguinis)
2. By naturalization
3. By marriage to a Philippine citizen.

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