LESSON 2
CONSTITUTIONAL PROVISIONS RELATIVE TO TOURISM ESTABLISHMENTS
I. DEFINITION OF THE CONSTITUTION
It is the basic and highest or fundamental law of the land to which all other laws must conform and to
which all persons including the highest official of the land must defer or comply. The Constitution of the
Philippines was approved by the people on February 2, 1987.
II. SUPREMECARY OF THE CONSTITUTION
Under the “doctrine of constitutional supremacy”, if a law or contract violates any norm of the
constitution, that law or contract, whether promulgated by the legislative or by the executive branch, or
entered into by private persons for private purposes, is null and void and without any force and effect -
invalid.
III. ARTICLE III (BILL OF RIGHTS)
APPLICATION AND PURPOSE: The Bill of Rights governs the relationship between the individual and the
state. Its concern is not the relation between individuals. The Bill of rights is not meant to be invoked
against acts of private individuals. The Bill of rights is the limitation on the powers of the government.
Hence, it cannot be invoked if one who violated the same is a private individual or entity. It can only be
used or invoked if the one who violated it is the government. (ILLUSTRATIVE CASES)
SOME PROVISIONS OF THE BILL OF RIGHTS (Secs. 1, 3, 4 ,6, 8, 9, 10, 11):
Section 1. No person shall be deprived of life, liberty or property without due process of law, nor shall any
person be denied the equal protection of the laws.
Two kinds of persons (natural and juridical/artificial being)
Concept of due process of law/due process clause (a law that hears before it condemns, which
proceeds upon inquiry, and renders judgment only after trial. This contemplates notice and opportunity
to be heard before judgment is rendered, affecting one’s person or property)
Concept of equal protection of the law/equal protection clause (simply means people of the same class
shall be treated alike, under like circumstances and conditions both as to privileges conferred and
liabilities enforced)
Areas protected (Life, liberty and property)
Illustrative case
Sec. 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order
of the court, or when public safety or order requires otherwise as prescribed by law.
(2) Any evidence obtained in violation of this this or the preceding section shall be inadmissible for any
purpose in any proceeding. (Doctrine of the Fruit of Poisonous Tree)
Essence of right to privacy (simply the right to be let alone)
Expectation of privacy (You cannot simply invoke the right to privacy; you must prove that you must
really have privacy in the first place. Thus, if one performs an act in the public, or it is made for the
public, there is no privacy to speak of. Thus, the right to privacy cannot be invoked)
R.A. 4200, Anti-Wiretapping Law (Under this law, it shall be unlawful for any person not being
authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or
by using any other device or arrangement, to secretly overhear, intercept, or record such communication
or spoken word by using a device commonly known as a Dictaphone or dictograph or walkie-talkie or
tape recorder.)
Exceptions (meaning the government can wiretap xxx provided with prior court order and the
felony/crimes are any of the following): Treason, Espionage, Provoking War, Disloyalty in Case of War,
Piracy or Mutiny in the High Seas, Rebellion, Conspiracy and Proposal to Commit Rebellion, Inciting to
Rebellion, Sedition, Conspiracy to Commit Sedition, Inciting to Sedition, kidnapping
R.A. 9995, Anti-Photo and Video Voyeurism Act of 2009
Prohibited acts:
1. To take photo or video coverage of a person or group of persons performing sexual act or any similar
activity, or to capture an image of the private area of a person/s such as the naked or undergarment clad
genitals, pubic area, buttocks or female breast without the consent of the person/s involved and under
circumstances in which the person/s has/have a reasonable expectation of privacy;
2. To copy or reproduce, or to cause to be copied or reproduced, such photo or video, or recording of
sexual act or any similar activity with or without consideration;
3. To sell or distribute, or cause to be sold or distributed such photo or video or recording of sexual act,
whether it be the original copy or reproduction thereof;
4. To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media,
or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity
through VCD/DVD, internet, cellular phones and other similar means or device.
R.A. 10173, DATA PRIVACY ACT OF 2012
This law ensures that personal information in information and communication systems in the
government and in the private sectors are secured and protected. It applies to individual or juridical
entity that processes or gathers personal information.
PROHIBITED ACTS
1. Unauthorized processing of personal information and sensitive personal information
2. Accessing personal information and sensitive personal information due to negligence
3. Improper disposal of personal information and sensitive personal information
4. Processing of personal information and sensitive personal information for unauthorized purposes
5. Unauthorized access or intentional breach
6. Malicious disclosure. Any personal information controller or processor, or any of its officials,
employees or agents, who, with malice or in bad faith discloses unwarranted or false information relative
to any personal information and sensitive personal information obtained by him or her.
7. Unauthorized disclosure
Illustrative case
Sec. 4. No law shall be passed abridging the freedom of speech, of expression or of the press, or the right
of the people peaceably to assemble and petition the government for redress of grievances. (People
power provision)
Sec. 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be
impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the
interest of national security and public safety or public health as may be provided by law.
What are the two rights protected? (Liberty of abode; right to travel)
When may right to travel be impaired? (interest of national security; public safety; public health)
Sec. 8. The right of the people, including those employed in the public and private sectors to form
unions, associations or societies for purposes not contrary to law shall not be abridged.
Right to self-organization, form union or to strike of employees?
Managerial employees not allowed to join or form union
Supervisory employees may join or form a separate union of their own
Employees in the government do not enjoy the right to strike, walkouts or other temporary work
stoppages
Manager vs. Rank-and File Employees
A “managerial employee” is one who is vested with the powers or prerogatives to lay down and execute
management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline
employees. Supervisory employees are those who, in the interest of the employer, effectively recommend
such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but
requires the use of independent judgment. All employees not falling within any of the above definitions
are considered “rank-and-file employees” for purposes of labor relations. Rank-and-file employees
perform work that is routinary and clerical in nature
Manager vs. Supervisor
A manager is at a higher level in an organization than a supervisor. While supervisors are focused on
helping to ensure that the team's work gets done on time, effectively, and in accordance with quality
requirements. Managers are focused on what needs to get done.
Sec. 9. Private property shall not be taken for public use without just compensation.
Power of Eminent Domain; right of expropriation
Sec. 10. No law impairing the obligation of contracts shall be passed.
Sec. 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.
ARTICLE XII (National Economy and Patrimony)
Sec. 10. The Congress shall, upon recommendation of the economic and planning agency, when the
national interest dictates, reserve to citizens of the Philippines, or to corporations or associations at least
60% of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe,
certain areas of investment. The Congress shall enact measures that will encourage the formation and
operation of enterprises whose capital is wholly owned by such citizens.
In the grant of rights, privileges and concessions covering the national economy and patrimony, the State
shall give preference to qualified Filipinos. (Filipino First Policy)
