LEGAL ASPECTS IN TOURISM AND HOSPITALITY

Atty. IÑIGO GABRIEL C. PIERAZ

I.

What role does criminal law play in tourism and hospitality? (10)

II.

Fran is a front-desk agent working for Gayuma Air, a privately-owned, Philippine-registered airline. She is
stationed at Ninoy Aquino International Airport – Terminal 2. As front-desk agent, Fran’s duties include printing
boarding passes, weighing baggage, and confirming the identities of passengers flying with Gayuma Air.

Henry was in-line to check-in for his flight from Manila to Kalibo. He was set to fly on Gayuma Air, a privately-
owned, Philippine-registered airline. Henry booked an economy class ticket, although it had always been his
dream to fly business class. When Fran, the check-in agent, was weighing his baggage, Henry quietly whispered
in Fran’s ear:

Hey Fran, I have Php 1,000.00 here. Maybe you could give me a free upgrade to
business class?

Fran was shocked at Henry’s request. However, because there was an unoccupied business class seat, Fran
decided to accept the Php 1,000.00. Fran upgraded Henry to business class. This greatly elated Henry.

Henry was excited for his first business class experience. Immediately upon being seated, he was assisted by FA
Ilya, one of the newest recruits of Gayuma Air. Henry perused the Drinks Menu and decided to order two (2)
bottles of beer, a gin and tonic, and a shot of vodka. FA Ilya immediately brought Henry his drinks.

Henry had already consumed all his drinks even before the aircraft reached cruising altitude. In fact, FA Ilya
noticed that Henry started reeking of alcohol. Henry attempted to go the bathroom to relieve himself. Unable to
walk properly, he tripped and accidentally grabbed FA Ilya’s breasts. Henry laughed upon noticing his mistake.
This greatly embarrassed FA Ilya, but she decided not to report him.

The aircraft landed at Kalibo International Airport around one (1) hour after take-off from Manila. However, due
to airport congestion, the aircraft had to land a few feet away from the airport. All passengers were required to
board a bus that would take them to the airport itself. As luck would have it, Henry sat next to FA Ilya.

Unfortunately, FA Ilya was still feeling dazed from Henry’s earlier actions. This caused her to accidentally spill
the coke she was drinking. This greatly angered Henry, who shouted: “Look what you did! You spilled coke all
over me, you idiot!”

Unprovoked, Henry then punched FA Ilya. Shocked, FA Ilya punched Henry back. The other passengers and
flight attendants tried to pacify Henry, but he was too strong. In fact, Henry even punched one of the other
passengers, Jose. Unfortunately, by the time the bus reached the airport, both FA Ilya and Jose had suffered
minor injuries. Though Henry was punched by FA Ilya, he did not suffer any injuries.

Henry then left the airport and went straight to his hotel. The next day, FA Ilya, together with one police officer
 and the other managers of Gayuma Air, knocked on Henry’s hotel door. Henry was easily outnumbered, and he
was forcibly taken to the police station, where an “inquest proceeding” was conducted. FA Ilya, of course, served
as the complainant. The police did not allow Henry to leave until the case was filed with the Kalibo Prosecutor’s
Office. Henry later asked to see his warrant of arrest, but the police said there was no need for one as the crime
was recently committed.
In the meantime, Jose wrote an email to the President of Gayuma Air, Ms. Kelly Lumad. Jose wrote:

Dear Ms. Lumad,

As you are likely aware, one of your passengers punched me inside the bus which
was taking us to the airport. As a result, I had to go the hospital to get stitches and
anti-pain medication. I paid a total of Php 10,000.00 for my hospital bills. I am
immediately demanding reimbursement for this amount. As a passenger, I was
entitled to full protection by Gayuma Air!

Kelly then replied to Jose, stating:

Dear Jose,

It’s unfortunate that such an accident occurred. Unfortunately, your claim for
reimbursement is denied. When the accident occurred, you were no longer our
passenger, and we were no longer required to exercise any care over you.

Parties failed to settle.

1. In accepting the Php 1,000.00 bill, what crime did Fran commit, if any? Explain. (15)
2. In groping the breasts of FA Ilya, what crime did Henry commit, if any? Explain. (15)
3. In punching FA Ilya, what crime did Henry commit, if any? Explain. (10)
4. In punching Henry, what crime did FA Ilya commit, if any? Explain. (10)
5. Was Henry’s arrest valid? Why/why not? (10)
6. If you were part of the management of Gayuma Air, and you wanted to file a case against Henry for
punching FA Ilya, what pieces of evidence would you gather from the incident? Explain. (10)
7. Can Henry claim the defense of “self-defense” against FA Ilya? (10)
8. Can Henry claim the defense of “self-defense” against Jose? (10)