Chapter I

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1
Law
It is defined as a rule of conduct, just, obligatory and promulgated by legitimate authority and of common observance and benefit.
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2 Kinds of Law in; As to Purpose
A. Substantive Law
B. Adjective Law
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Substantive Law
a law that creates, defines and regulates rights, or which regulates the rights and duties which give rise to a cause of action.
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a law that provides the method of aiding
and protecting certain rights.
Adjective Law
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2 Kinds of Law in; As to scope
A. General or Public Law
B. Special or Public Law
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It is a law that applies to all the people of a state or to all of a particular class of persons in a state, with equal force and obligation
General or Public Law
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a law which relates to particular persons or things of a class.
Special or Private Law
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3 Example of General or Public Law
A. Criminal Law
B. International Law
C. Political Law
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a dealing with crimes and their punishment, as well as the procedure for that purpose
Criminal Law
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a body of rules of principles of action governing the relationship between states.
International Law
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a law regulating the relations sustained by the inhabitants of a territory to the sovereign.
Political Law
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3 Special or Private Law
A. Civil Law
B. Maritime Law
C. Mercantile Law
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The mass of precepts which determines and regulates those relations of assistance, authority, and obedience existing among members of a family and those which exist among members of a society for the protection of private interests
Civil Law
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A law of commercial transactions derived from the law of merchant which includes, commercial paper, insurance and other types of agency.
Mercantile Law
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A law dealing with commerce by sea, involving regulation of ships and harbors and the status of seamen.
Maritime Law
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6 Source of Law Relevant to the Tourism Industry
A. The Philippine Constitution
B. Statues/Legislative Enactments
C. Administrative or Executive orders, regulations and Rulings
D. Judicial Decisions/Jurisprudence
E. Custom
F. Other Sources
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It is the fundamental law of the land, to which all other laws must conform.
The Philippine Constitution
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The written will of the legislative department rendered authentic by certain prescribed form and solemnities, prescribing rules of action, or civil conduct with respect to persons, things, or both.
Statues/Legislative Enactments
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Example of Statues/Legislative Enactments
Tourism Act of 2009 Consumer Act (RA 7394)
Environmental Laws (RA 7586)
Local Government Code (RA 7160)
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These are issued by administrative officials under legislative authority.
Administrative or Executive orders, Regulations and Rulings
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These refers to the decisions of the Supreme Court in interpreting the laws of the Constitution.
Judicial Decisions/Jurisprudence
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It is a rule of conduct which in a given place among given groups of people, has been followed for an appreciable time.
Custom
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These refers to decisions of foreign tribunals and opinions of textbook writers.
Other Sources
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Is defined as the custom or practice of traveling for pleasure, as well as the promotion by the establishment of countries to attracttourist.
Tourism
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defines tourism as “the activities of persons
traveling to and staying in places outside their usual environmentfor not more than one consecutive year ofleisure, business, and other purposes.
World Tourism Organization
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Defined as a body of rules or principles of actions which deals with the regulation, authority, relations, and obedience among members of a society involved in tourist travel and accommodation.
Tourism Law
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