College of Hospitality and Tourism Management

C-THC 10 - Legal Aspects in Tourism and Hospitality

First Semester | AY 2020-2021

Module in C-THC 10 Legal Aspects in Tourism in Hospitality

A. Module No – Title : Module 2 - Philippine Legal System

B. Time Frame : week 2 & 3 – 6hrs

Overview
The State declares tourism as an indispensable element of the national economy and
an industry of national interest and importance, which must be harnessed as an
engine of socio-economic growth and cultural affirmation to generate investment,
foreign exchange and employment, and to continue to mold an enhanced sense of
national pride for all Filipinos ( RA 9593 Chapter1 Sec.2). So just like any dynamic
industry, the forces of the market create various business and personal experiences
that cause challenging situations to arise resulting in a complex of phenomena.
Thus, the main objective of this module is to explain based on established facts that
law is not a concept but a phenomenon that can somehow be objectively and
absolutely defined. The concept of law will be explored based on the following:

1.1 Phenomenon of Culture (1 ½ hrs.)

Desired Learning Outcome:

Lesson 1
Upon the completion of this module, students should be able to:
 Understand law from other related, but different phenomena

Main Topic of Discussion:

Culture is the patterns of learned and shared behavior and beliefs of a particular
social, ethnic, or age group. It can also be described as the complex whole of
collective human beliefs with a structured stage of civilization that can be specific to
a nation or time period. Humans in turn use culture to adapt and transform the
world they live in. The Philippines is a country that has varied cultural
influences. Most of these influences are results of previous colonization, deriving
mainly from the culture of Spain and the United States. Despite all these influences,
the old Asian culture of the Filipinos has been retained and are clearly felt in their
way of life, beliefs and customs. Therefore, Philippine legal system is a mixture of
customary usage, Roman (civil law) and Anglo-American (common law) systems,
and Islamic law. The legal system on the other hand is the result of the immigration
of Muslim Malays in the fourteenth century and the subsequent colonization of the
islands by Spain and the United States. For a detailed historical overview of the legal
system, see the ASEAN Law Association's guide to the legal system of the
Philippines (open access).

Activity:
Faculty: PRECIOUS BERNADETTE D. ESTRADA Page 1 of 6
 College of Hospitality and Tourism Management
C-THC 10 - Legal Aspects in Tourism and Hospitality
First Semester | AY 2020-2021

Desired Learning Outcome:

1. Realization on Basic understanding on the relation of culture with the
Formulation, implementation and impact of Philippine Laws.

SELFIE PA MORE
Make a collage out of the photos of the various activities inside your house.
Answer this question in five (5) sentences only: In what way does the
Filipino culture influence your household rules and
regulations.

1.1.A. Pre-Colonial and Colonial Period – Socio-Economic and Political effects

with emphasis on a body of statements (written or oral) which have either
been explicitly formulated, or which have come to be accepted as
authoritative and legitimate.

Desired Learning Outcomes:

Lesson 2
 Identify the duties and responsibilities of the datu vis-a-vis present
barangay office holder.
 Evaluate the role of the barangay government unit in Philippine
system of governance.

Main Topic of Discussion:

In this lesson students will be introduced to the smallest unit of Philippine
government, the Barangay. The barangay is significant because it addresses
local governing issues from laws, to development, to festival preparation. The
barangay also plays an important role in dispute resolution at the local level
outside the court system. By the end of this lesson students will have
examined the Philippine barangay system and be able to identify its unique
characteristics.

1.1.A.1. The Evolution of the Barangay- the socio-political unit

of Government during the pre-colonial Period. Administered by
the Datu and his Council of Elders. Laws were either Oral (customary) and
written. The latter, being influenced by the noble class of the society,
affirmed by the middle class
and perpetually enslaving the lower class.

Activity:
1. Desired Learning Outcome

Faculty: PRECIOUS BERNADETTE D. ESTRADA Page 2 of 6

 College of Hospitality and Tourism Management
C-THC 10 - Legal Aspects in Tourism and Hospitality
First Semester | AY 2020-2021

Revisit the structure of the unit of government during the Pre-colonial

period to understand how culture influences the political nature of a
community.

READ
Pre-Colonial –The Barangay as a Community
www.jstor.org/stable/43618621 and or Pages 191 – 206 of: Dolan, Ronald E.
(Ed.). (1991). Philippines: A country study. Washington, D.C.: GPO for the
Library of Congress

SUBMIT
A contemporary illustration of your Choice e.g. drawing, painting,
printmaking, collage, Montage, digital design or 3D modeling, showing how
tourism was promoted during this time. The activity is to be submitted to the
Class President, filed in a Folder and submitted to my yahoo account
(preciousbernadette)

1.2 Phenomenon of Social Organization (1 ½ hrs.)

 To describe law in terms of universal phenomena
1.2.A. Actions which express or implement these statements of
the rules:
1.2.A.1. Those which formulate, codify, refine, elaborate on,
supplement and explain the rule statements.

Desired Learning Outcomes:

 Identify the three (3) branches of the government
 Evaluate the performance of the members based on their duties and
responsibilities

Main Topic of Discussion:

In this lesson the students will need to familiarize themselves to the nature
and structure of the government. Based on the 1987 Constitution, The
Philippines is a republic with a presidential form of government wherein
power is equally divided among its three branches: executive, legislative, and
judicial. One basic corollary in a presidential system of government is the
principle of separation of powers wherein legislation belongs to Congress,
execution to the Executive, and settlement of legal controversies to the
Judiciary:
The Legislative branch is authorized to make laws, alter, and repeal them
through the power vested in the Philippine Congress.)
This institution is divided into the Senate and the House of Representatives.
The Executive branch is composed of the President and the Vice President
who are elected by direct popular vote and serve a term of six years. The

Faculty: PRECIOUS BERNADETTE D. ESTRADA Page 3 of 6

 College of Hospitality and Tourism Management
C-THC 10 - Legal Aspects in Tourism and Hospitality
First Semester | AY 2020-2021

Constitution grants the President authority to appoint his Cabinet. These

departments form a large portion of the country’s bureaucracy.
The Judicial branch holds the power to settle controversies involving rights
that are legally demandable and enforceable. This branch determines
whether there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part and instrumentality of the government. It is
made up of a Supreme Court and lower courts. The Constitution expressly
grants the Supreme Court the power of Judicial Review as the power to
declare a treaty, international or executive agreement, law, presidential
decree, proclamation, order, instruction, ordinance or regulation
unconstitutional.
Activity:

1. Desired Learning Outcome

To promote ONE TOWN, ONE PRODUCT Policy of DBM Department of Budget
and Management

WRITE
A first-person narrative on promoting the tourism industry of your district if
you were one of the members of the Lower House-House of representatives
(Congressmen/women)

SUBMIT
The activity is to be submitted to the Class President, filed in a Folder and
submitted to my yahoo account (preciousbernadette)

1.2.A.2 those which use the rules as basis for sanctioning rule Violators, or
as basis for adjudicating conflicts between actors.

Desired Learning Outcome:

To discuss the basic rules which identifies Man as a Political animal.

Main Topic of Discussion:

The first and most basic function of law is to defend us from evil – that is,
those who would seek to harm us for no good reason. It further promotes the
common good by resolving disputes over limited resources and encouraging
people to do the right thing.

Suggested Activity:
To conduct a simple industry research through interview in the Barangay

READ

Faculty: PRECIOUS BERNADETTE D. ESTRADA Page 4 of 6

 College of Hospitality and Tourism Management
C-THC 10 - Legal Aspects in Tourism and Hospitality
First Semester | AY 2020-2021

Pages 1-17 of: Republic of the Philippines, Department of the Interior and
Local Government. (1991). Local government code of 1991, Book III, Local
government units.
Retrieved from http://www.dilg.gov.ph/PDF_File/reports_resources/DILG-
Resources201162-99c00c33f8.pdf

INTERVIEW
This is a group activity. Choose only one Barangay, Visit and, ask how laws/
policies are being made and implemented. Give at least three (3) recent
law/policies promoting local tourism in that town.

SUBMIT
The activity is to be submitted to the Class President, filed in a Folder and
submitted to my yahoo account (preciousbernadette)

1. References
ASEAN Law Association's guide to the legal system of the
Philippines (open access).

Constantino, Renato. (1975) The Philippines: A Past Revisited (volume

ISBN 971-8958-00-2

Johnson, A. (1977). A DEFINITION OF THE CONCEPT OF LAW. Mid-American

Review of Sociology, 2(1), 47-71. Retrieved May 18, 2020, from
www.jstor.org/stable/23254927

Kendall, S. (1976). The barangay as community in the

Philippines. Ekistics, 41(242), 15-19. Retrieved May 18, 2020, from
www.jstor.org/stable/43618621

https://en.wikipedia.org/wiki/Barangay

The 1987 Constitution of the Republic of the Philippines – Article VI, VII, VIII.
(1987). Article X. Retrieved from http://www.gov.ph/constitutions/the-1987-
constitution-of-the-republic-ofthe-philippines/the-1987-constitution-of-the-
republic-of-the-philippines-article-x/

RA 9593 An act declaring a national policy for tourism as an engine of investment,

employment, growth and national development, and strengthening the department
of tourism and its attached agencies to effectively and efficiently implement that
policy, and appropriating funds therefor

Faculty: PRECIOUS BERNADETTE D. ESTRADA Page 5 of 6

 College of Hospitality and Tourism Management
C-THC 10 - Legal Aspects in Tourism and Hospitality
First Semester | AY 2020-2021

Republic of the Philippines, Department of the Interior and Local Government.

(1991). Local government code of 1991, Book III, Local government units. Retrieved
from http://www.dilg.gov.ph/PDF_File/reports_resources/DILG-Resources-
201162- 99c00c33f8.pdf

Philippine Government Websites:

 Official Gazette of the Republic of the Philippines
 This is the official website of the Philippine government. The website contains
the “Official Gazette,” which is the official record of the activities of the
Philippine government. The website also contains access to Philippine
government documents, access to statistical data on the Philippines, and a
description of the organization of the Philippine government. The website also
contains an “About” section that provides an overview of the Philippine national
government.
 Office of the President of the Philippines
 This is the official website of the Philippine President. The website provides
access to the activities of the President, Presidential initiatives, the history,
structure, and makeup of the Philippine executive branch, and the various
departments and agencies at the national level.
 Republic of the Philippines House of Representatives
 This is the official website of the Philippines House of Representatives. The
website allows access to Philippine legislation and provides information about
the House of Representatives, its structure, makeup, history, and about the
individual members of the House of Representatives.
 Senate of the Philippines
 This is the official website of the Senate of the Philippines. The website allows
access to Philippine legislation and provides information about the Senate, its
structure, makeup, history, and about the individual members of the Senate.
 Supreme Court of the Philippines
 This is the official website of the Supreme Court of the Philippines. The site
contains access to Philippine Supreme Court decisions, information about the
structure, makeup, and organization of the Philippine court system, and access
to information on lower Philippine courts, such as the Court of Appeals and the
Sandiganbayan Court

Faculty: PRECIOUS BERNADETTE D. ESTRADA Page 6 of 6