5.

AUGUST 1, 2017 LTFRB ORDER: show-cause order to Uber, after it finds

AIRBNB the TNC has continued to accept new drivers into its system despite being
a. Place of incorporation: Delaware ordered to stop doing so last July 26.
b. Principal place of business: San Francisco, California 6. AUGUST 14, 2017 LTFRB ORDER: suspends Uber's operations for one
c. 190 countries month. The board cites Uber's post on its Twitter account last August 1,
d. 65,000 cities where the company said that applications for vehicles were "being accepted
e. 3 million listings but not processed, as we are optimistic that with the ongoing discussions
f. 35 million guests with the LTFRB, ridesharing has a path forward."
g. Philippines 7. AUGUST 17, 2017: UBER drivers transfer to Grab first.

Active Hosts Listings B. UBER Violation

Metro Manila 5,427 12,837 1. Grab's accreditation expired last July and has not been renewed, but Grab
City of Manila 236 595 has so far complied with the LTFRB's orders to stop accepting and
Baguio 425 1,184 accrediting new drivers the rule that Uber supposedly violated.
2. Grab also immediately submitted to the LTFRB its masterlist of peer drivers
HOMEAWAY when the government board wanted to set a June 30 cutoff for drivers whose
1. Principal place of business: Austin, Texas, United States permits would be considered. Uber dilly-dallied, on the other hand.
2. Expedia parent organization
AIRBNB REGULATION
VRBO Arturo P. Boncato Jr., DOT assistant secretary for Mindanao cited the Canadian
1. Principal place of business: Austin, Texas, United States Province of Quebec which has alaw that required the same hotel taxes be put
2. Expedia and HomeAway parent organization upon on Airbnb establishments. The association also mentioned that Airbnb
establishments in the Philippines lack rules and decorum on dealing with guests
TRAVEL AGENCIES which can lead to neglecting the needs of the customers.
1. Booking.Com
2. TripAdvisor.Com Arturo P. Boncato Jr., DOT assistant secretary for Mindanao, said the present
3. Agoda.Com thinking here and abroad is leaning towards regulating listed host establishments
in Airbnb and similar online booking websites.
UBER/GRAB REGULATION AND VIOLATION The local government of Quebec, Canada has filed a bill requiring all Airbnb
A. Regulation establishments to pay the exact same taxes as regular hotels. This has already
1. 2015: DOTC through Secretary Jun Abaya, issued (D.O. 2015-011) which also been experienced in many parts of the world and I believe that should be the
amended D.O. 97-1097, effectively amending the classification of public direction in dealing this new way of booking and travel which is similar to Uber
transport conveyances. The 2015 D.O. provided nationwide regulations for itself in terms of getting their franchises paid and taxes, etc., Boncato said.
app-based transport services. The D.O. introduced a new type of
classification called Transportation Network Vehicle Service (TNVS) that Cynthia R. Mamon, TCP trustee, said the hotel industry is apprehensive of
allows Transportation Network Companies (TNC) such as Uber to conform Airbnb hosted establishments because they are not accredited with the DOT and
within the present regulatory framework. have no standards to comply with when dealing with guests and
2. JULY 21, 2016 LTFRB Memorandum Circular 2016-008: suspends the accommodations.
acceptance and processing of applications for Uber, Grab, and other TNCs. One bag egg, whether accredited or not, will spoil the whole basket, Mamon
The order stops the release of temporary permits to Grab and Uber vehicles. said. If we cannot police our own ranks, and encourage everyone to register with
3. JULY 11, 2017 LTFRB ORDER: For defying its order to stop accepting new the DOT, how can we police the foreigners who come here and own our national
drivers, the LTFRB imposes a fine of P5 million each on Uber and Grab. landscapes and hospitality establishments?
4. JULY 26, 2017 LTFRB ORDER:
a. orders Grab and Uber to deactivate drivers who registered in their These fiercely independent properties are regulated by Quebec law as well as
systems after June 30, 2017 through licenses which cover safety, health and other related matters. These
b. orders both companies to provide a master list of all their drivers as B&B owners also pay commercial property tax, contribute to local tourism
of June 30, 2017 contributions (in essence, another tax), and provincial and federal sales taxes. In

1
a nutshell, these are good corporate citizens and true hoteliers, admittedly on a
smaller scale than the Fairmont.
DOT-7 regional director Catalino Chan III said the department is now on the
process of standardizing this particular category in the accommodation sector.
While this home sharing app is obviously growing in the Philippines and is in a
way helping the accommodation shortage problems in popular destinations,
Chan said it has to have an accreditation platform to protect tourists.
Reportedly, one of the major reasons why the home sharing app has become a
hit among tourists is largely due to the fact that the rates are cheaper than hotels.
Although DOT is also now working on the reviewed accreditation and rating
system for hotels, the creation of standardization structure of Airbnb is a bit
complicated, thus DOT is still processing datas and information on this new
concept.
AIRBNB BUSINESS TRAVEL READY
1. Business Travel Ready listings must be an Entire Home/Apt and an eligible
property type (house, apartment, bed & breakfast, bungalow, cabin, chalet,
townhouse, villa, guesthouse, entire floor, hotel, loft, or condo). The listing
must be no smoking, and cant have pets on the property.
2. The space
a. Many business travelers are new to traveling on Airbnb, so weve
limited Business Travel Ready listings to certain property types to
help make sure guests know what to expect when they arrive.
b. As a part of this, and because of the potential for allergies and other
sensitivities, we also ask that Business Travel Ready listings are
smoke-free properties and dont have pets living in the space while
the guest is there.
c. If a pet lives in your space, but wont be there during your guests
stay we ask that youre aware of travelers potential allergens and
make sure your listing is cleaned before your guests arrival.
3. Amenities
The listing must also have the following Business Travel Ready amenities:
Wireless Internet
A laptop-friendly workspace
Self check-in (this includes a key lockbox, doorman, keypad, or
smartlock)
A smoke detector
A carbon monoxide detector
Essentials (toilet paper, clean towels, and fresh linens)
An iron
Hangers
A hair dryer
Shampoo
Smoke and carbon monoxide detectors are an important part of making Airbnb a
trusted travel option for companies. As part of our commitment to guest safety,
Airbnb offers free smoke and carbon monoxide detectors for hosts.
4. Reviews and response rate
a. Listings must have at least 3 star rated reviews before they can be
eligible for Business Travel Ready status. For listings with 3 or more
star rated reviews, at least 60% of both the listings primary reviews,
and the listings reviews for cleanliness and accuracy must be 5 star
reviews.
b. Hosts of Business Travel Ready listings also must have responded
to 90% of booking requests within 24 hours over the last year.
5. Cancellations
a. Hosts of Business Travel Ready listings must provide a 7-day
cancellation commitment to reservations. If a listing has a
cancellation within 7 days of a confirmed check-in date, it can't be
considered for Business Travel Ready for 1 year from the
cancellation date.
6. Eligibility
a. Listings and their hosts are evaluated for business travel readiness
on a rolling basis. Keep in mind that you and your listing need to
continue to qualify after the initial evaluation in order to maintain
Business Travel Ready status.
BTR Evaluations
1. Qualification is automatically evaluated based on information a Host provides
about a Listing, the reviews for that Listing, the responsiveness of the Host to
booking requests, and the Hosts cancelation history for confirmed bookings.
Eligibility for a BTR badge is automatically evaluated on a regular schedule
determined by Airbnb. In evaluating the Hosts responsiveness to booking
requests, the BTR Program considers data from the preceding 12 months.
2. Airbnb may, but is not obligated to, notify Hosts of the revocation of their
Listings BTR status. A Host whose Listing has had its BTR status revoked
will automatically be reevaluated on the first day of each calendar quarter.
3. If your Listing qualifies for BTR status, a BTR badge indicating your status
will automatically be added to the Listing and will remain for as long as you
continue to qualify. Occasionally it may take some time for our automated
systems to add the badge to a Listing. The delay in the appearance of the
badge doesn't impact your Listings BTR status, and you will still be able to
receive the benefits once your Listing qualifies as a BTR Listing.
4. BTR Badge
a. Any use of the BTR badge not specifically allowed by these terms is
not permitted. You are not allowed to use or display your BTR
badge outside of your Listing.
b. If your Listing qualifies for BTR status, this does not give you any
ownership or other proprietary rights in the BTR badge or other
Airbnb intellectual property, other than as provided in these terms.
2
 Airbnb retains all rights, title and interest in and to the BTR badge,
trademark, and other protected materials.
5. Having a BTR badge
a. We want Hosts to be proud of their Listings BTR status, but please
dont:
Claim to be endorsed by an agent or representative of Airbnb, or
otherwise misrepresent your association with Airbnb.
Use your BTR badge in association with any materials that are false,
misleading, offensive, defamatory, obscene, vulgar, pornographic,
harassing, illegal, or that violate the rights of any third party.
Commercialize the BTR badge (such as by creating, importing, or
selling merchandise with the BTR badge or by displaying your BTR
badge on third party websites or mobile applications).
6. Benefits
a. BTR Listings are identified with a BTR briefcase badge, which
business travelers can use to identify Listings that may be suited to
their needs. Airbnb may add benefits, modify benefits or discontinue
the badge or any other benefits associated with the BTR Program at
any time with or without notice to you.
7. Indemnity
a. You agree to release, defend, indemnify, and hold Airbnb harmless
from all claims, suits, damages, costs and expenses, including
attorneys fees, associated with your misuse of the BTR badge or
with any false or misleading statement, act or omission by you in
relation to your Listings designation as a BTR Listing.
8. Termination
a. Participation in the BTR Program is a privilege, not a right.
b. Your Listings BTR status, privileges, and license to the BTR badge
may be revoked at our sole discretion if you violate these terms,
the Airbnb Terms of Service or any other Airbnb terms & conditions
applicable to you.
c. Your Listings BTR Program status, membership, privileges, and
license to the BTR badge will be automatically suspended or
terminated if: (a) you or your Listing no longer meet the
qualifications, (b) you stop hosting, or (c) your Listing or Airbnb
account is suspended or cancelled, as the case may be.
9. Disclaimer
a. the btr badge and any other materials, and any btr program benefits,
are provided hereunder "as is."
b. airbnb disclaims all liabilities and warranties including but not limited
to any warranties of merchantability, satisfactory quality, fitness for a
particular purpose, quiet enjoyment or non- infringement. the btr
badge or btr listing status is not in any way an endorsement by
airbnb of any host or listing.
10. Limitation of liability
a. airbnb will not be liable for any incidental, special, exemplary or
consequential damages, including lost profits, loss of data or loss of
goodwill, service interruption, computer or mobile device damage or
system failure, or for any damages for personal or bodily injury or
emotional distress arising out of or in connection with these terms or
the btr program.
RELEVANT LAWS
CONSTITUTION
Section 9. The State shall protect consumers from trade malpractices and from
substandard or hazardous products.
CONSUMER ACT
1. ARTICLE 2. Declaration of Basic Policy. It is the policy of the State to
protect the interests of the consumer, promote his general welfare and to
establish standards of conduct for business and industry. Towards this end,
the State shall implement measures to achieve the following objectives:
a. protection against hazards to health and safety;
b. protection against deceptive, unfair and unconscionable sales acts
and practices;
c. provision of information and education to facilitate sound choice and
the proper exercise of rights by the consumer;
d. provision of adequate rights and means of redress; and
e. involvement of consumer representatives in the formulation of social
and economic policies.
2. Article 48. Declaration of Policy. The State shall promote and encourage
fair, honest and equitable relations among parties in consumer transactions
and protect the consumer against deceptive, unfair and unconscionable
sales acts or practices
3. Article 49. Implementing Agency. The Department of Trade and
Industry, hereby referred to as the Department, shall enforce the provisions
of this Chapter
4. Article 50. Prohibition Against Deceptive Sales Acts or Practices. A
deceptive act or practice by a seller or supplier in connection with a
consumer transaction violates this Act whether it occurs before, during or
after the transaction. An act or practice shall be deemed deceptive whenever
the producer, manufacturer, supplier or seller, through concealment, false
representation of fraudulent manipulation, induces a consumer to enter into a
sales or lease transaction of any consumer product or service.
Without limiting the scope of the above paragraph, the act or practice of a
seller or supplier is deceptive when it represents that:
(a) a consumer product or service has the sponsorship, approval,
performance, characteristics, ingredients, accessories, uses, or
benefits it does not have;
(b) a consumer product or service is of a particular standard, quality,
grade, style, or model when in fact it is not;
(c) a consumer product is new, original or unused, when in fact, it is in a
deteriorated, altered, reconditioned, reclaimed or second-hand
state;
3
 (d) a consumer product or service is available to the consumer for a
reason that is different from the fact;
(e) a consumer product or service has been supplied in accordance
with the previous representation when in fact it is not;
(f) a consumer product or service can be supplied in a quantity greater
than the supplier intends;
(g) a service, or repair of a consumer product is needed when in fact it
is not;
(h) a specific price advantage of a consumer product exists when in fact
it does not;
(i) the sales act or practice involves or does not involve a warranty, a
disclaimer of warranties, particular warranty terms or other rights,
remedies or obligations if the indication is false; and
(j) the seller or supplier has a sponsorship, approval, or affiliation he
does not have.
5. Article 51. Deceptive Sales Act or Practices By Regulation. The
Department shall, after due notice and hearing, promulgate regulations
declaring as deceptive any sales act, practice or technique which is a
misrepresentation of facts other than these enumerated in Article 50.
6. Article 52. Unfair or Unconscionable Sales Act or Practice. An unfair or
unconscionable sales act or practice by a seller or supplier in connection
with a consumer transaction violates this Chapter whether it occurs before,
during or after the consumer transaction.
An act or practice shall be deemed unfair or unconscionable whenever the
producer, manufacturer, distributor, supplier or seller, by taking advantage of
the consumer's physical or mental infirmity, ignorance, illiteracy, lack of time
or the general conditions of the environment or surroundings, induces the
consumer to enter into a sales or lease transaction grossly inimical to the
interests of the consumer or grossly one-sided in favor of the producer,
manufacturer, distributor, supplier or seller.
In determining whether an act or practice is unfair and unconscionable, the
following circumstances shall be considered:
(a) that the producer, manufacturer, distributor, supplier or seller took
advantage of the inability of the consumer to reasonably protect his
interest because of his inability to understand the language of an
agreement, or similar factors;
(b) that when the consumer transaction was entered into, the price
grossly exceeded the price at which similar products or services
were readily obtainable in similar transaction by like consumers;
(c) that when the consumer transaction was entered into, the consumer
was unable to receive a substantial benefit from the subject of the
transaction;
(d) that when the consumer was entered into, the seller or supplier was
aware that there was no reasonable probability or payment of the
obligation in full by the consumer; and
(e) that the transaction that the seller or supplier induced the consumer
to enter into was excessively one-sided in favor of the seller or
supplier.
Article 60. Penalties.
a) Any person who shall violate the provisions of Title III, Chapter I, shall
upon conviction, be subject to a fine of not less than Five Hundred
Pesos (P500.00) but not more than Ten Thousand Pesos (P10,000.00)
or imprisonment of not less than five (5) months but not more than one
(1) year or both, upon the discretion of the court.
b) In addition to the penalty provided for in paragraph (1), the court may
grant an injunction restraining the conduct constituting the contravention
of the provisions of Articles 50 and 51 and/or actual damages and such
other orders as it thinks fit to redress injury to the person caused by such
conduct.
REQUIREMENTS FOR HOMESTAY SITES
Section 9. Minimum Requirements - For purposes of accreditation, the following
are
the minimum requirements for the operation and maintenance of homestay sites
in
accordance with the Department's National Homestay Program:
a. Homestay Sites
1. There is prevailing peace and order situation in the area.
2. There are existing natural and man-made attractions in the community.
3. Site is easily accessible to tourists and with existing transportation
services, good road condition and other basic community infrastructures.
4. The host community is willing to join the National Homestay Program.
5. There is a dearth of commercial accommodation facilities in the area to
service tourists.
b. Home Facilities
1. Structures are of durable building materials and are in good, presentable
condition.
2. The surroundings are pleasant and healthful.
3. There shall be at least one (1) adequately furnished guestroom to
accommodate paying visitors.
4. The following shall be available:
- extra bed/s
- adequate lighting system
- running water or if not available, adequate supply of water
- clean and well-maintained toilet and bathroom facilities
- meals at reasonable rates
- electric fan or other means of ventilation
c. Training - Family members shall have completed the Department's training
workshop on Homestay Program.
LEASE CONTRACTS
4
ARTICLE 1643. In the lease of things, one of the parties binds himself to give to
another the enjoyment or use of a thing for a price certain, and for a period which
may be definite or indefinite. However, no lease for more than ninety-nine years
shall be valid.
DEPOSIT CONTRACTS
ARTICLE 1962. A deposit is constituted from the moment a person receives
a thing belonging to another, with the obligation of safely keeping it and of
returning the same. If the safekeeping of the thing delivered is not the
principal purpose of the contract, there is no deposit but some other contract.
ARTICLE 1998. The deposit of effects made by travellers in hotels or inns
shall also be regarded as necessary. The keepers of hotels or inns shall be
responsible for them as depositaries, provided that notice was given to them,
or to their employees, of the effects brought by the guests and that, on the
part of the latter, they take the precautions which said hotel-keepers or their
substitutes advised relative to the care and vigilance of their effects.
ARTICLE 1999. The hotel-keeper is liable for the vehicles, animals and
articles which have been introduced or placed in the annexes of the hotel.
ARTICLE 2000. The responsibility referred to in the two preceding articles
shall include the loss of, or injury to the personal property of the guests
caused by the servants or employees of the keepers of hotels or inns as well
as by strangers; but not that which may proceed from any force majeure.
The fact that travellers are constrained to rely on the vigilance of the keeper
of the hotel or inn shall be considered in determining the degree of care
required of him.
ARTICLE 2001. The act of a thief or robber, who has entered the hotel is not
deemed force majeure, unless it is done with the use of arms or through an
irresistible force.
ARTICLE 2002. The hotel-keeper is not liable for compensation if the loss is
due to the acts of the guest, his family, servants or visitors, or if the loss
arises from the character of the things brought into the hotel.
ARTICLE 2003. The hotel-keeper cannot free himself from responsibility by
posting notices to the effect that he is not liable for the articles brought by the
guest. Any stipulation between the hotel-keeper and the guest whereby the
responsibility of the former as set forth in articles 1998 to 2001 is suppressed
or diminished shall be void. (n)
ARTICLE 2004. The hotel-keeper has a right to retain the things brought into
the hotel by the guest, as a security for credits on account of lodging, and
supplies usually furnished to hotel guests. (n)
COMMODATUM
ARTICLE 1935. The bailee in commodatum acquires the use of the thing loaned
but not its fruits; if any compensation is to be paid by him who acquires the use,
the contract ceases to be a commodatum.
USUFRUCT
ARTICLE 562. Usufruct gives a right to enjoy the property of another with the
obligation of preserving its form and substance, unless the title constituting it or
the law otherwise provides.
BUILDER-PLANTER SOWER [INSERT RULES]
POSSESSION
ARTICLE 523. Possession is the holding of a thing or the enjoyment of a right.
CUENTAS EN PARTICIPATION (CHECK CLV OUTLINE)
ARTICLE 239 (Code of Commerce). Merchants may have an interest in the
transactions of other merchants, contributing thereto the amount of capital they
may agree upon, and participating in the favorable or unfavorable results of said
transactions in the proportion, which they may fix.
ARTICLE 239. Merchants may have an interest in the transactions of other
merchants, contributing thereto the amount of capital they may agree upon, and
participating in the favorable or unfavorable results of said transactions in the
proportion which they may fix.
ARTICLE 240. Joint accounts shall not be subject, with regard to their formation,
to any formality, and may be privately contracted orally or in writing, and their
existence may be proved by any of the means accepted in law, in accordance
with the provisions of Article 51.
ARTICLE 241. In the transactions treated of in the two foregoing articles, no
commercial name common to all participants can be adopted, nor can any further
direct credit be made use of except that of the merchant who transacts and
manages the business in his own name and under his individual liability.
ARTICLE 242. Persons transacting business with the merchant carrying on the
joint business shall only have a right of action against the latter and not against
the other persons interested, and the latter, on the other hand, shall have no right
of action against the third person who made the transaction with the manager
unless said manager formally cedes his rights to them.
ARTICLE 243. The liquidation shall be effected by the manager, and after the
transactions have been concluded he shall render a proper account of its results.
FOREIGN CASES
1. FREQUENCY-BASED TEST
2. NATURE OF USE TEST
5

FREQUENTLY ASKED QUESTIONS [GOOD LUCK SELF]
LEGAL ISSUE
What is your legal issue?
1. Accommodation-sharing transactions, the legal relationships and the
liabilities of the parties are not contemplated under existing legal frameworks
in the Philippines. Hence, it is imperative to create a legal framework that
would settle the place of accommodation-sharing under our legal system and
define the rights and obligations of the parties.
2. Whether or not the legal relationships, liabilities of hosts and online platforms
and remedies of guests under accommodation-sharing, are governed by
provisions on lease, hotelkeepers liability under the Civil Code and other
relevant laws.
3. Given the legal ambiguities as to the relationships, rights and liabilities of
parties arising from accommodation-sharing transactions, it is imperative to
settle the place of accommodation-sharing in our legal system, but since
existing legal frameworks in Philippines do not squarely govern
accommodation-sharing, a legal framework governing accommodation-
sharing shall be enacted. My submission is based on the following grounds:
a. First, online platforms are not engaged in a pure rental nor hotel
business;
b. Second, the hosts are also not ordinary lessors, as contemplated
under the Civil Code;
c. Third, the legal relationship between online platforms and hosts is
neither agency, employment, partnership and joint venture;
d. Fourth, online platforms cannot always be held liable for the willful
and negligent acts, or omissions of hosts;
e. Fifth, the lack of defined rights and remedies of the consumer
guests is a violation of the Consumer Act and of the Constitution,
which mandates the State to protect consumers from trade
malpractices.
What is the legal basis for regulating the accommodation-sharing
transactions?
A. LEGAL ARGUMENTS
1. Rights of Accommodation-sharing Parties and Third Parties
a. Consumer Guests Rights: Tenant or Hotel Guest:
i. The lack of defined rights and remedies of consumer
guests is a violation of the Constitutional mandate to
protect consumers from trade malpractices and the
Consumer Acts objective to provide defined means of
redress.
ii. (Consumer Act)
iii. (Sec. 9, Art. XVI, Constitution)
iv. While company reserves the right, at any time and
without prior notice, to remove or disable access to any
listing for any reason, it will most likely happen after the
rights of one of the parties were violated
b. Property owner rights: Lessor or Hotelkeeper?
i. It is necessary to determine their business to know
extent of proper exercise of the property owners rights
ii. Lessors rights to sublease
c. Third Parties Rights
i. If these transactions have impact on third parties, we
cannot rely on contractual relationships and stipulations
of the parties to the transactions
ii. Accommodation-sharing transactions affect
neighborhoods, etc.
iii. This might also limit the rights of the property owners
2. Some stipulations under the Terms and Conditions of Service of the online
platforms are against public policy, thus void.
a. The contracting parties may establish such stipulations, clauses,
terms and conditions as they may deem convenient, provided they
are not contrary to law, morals, good customs, public order, or
public policy (Article 1306, CC)
3. The Tourism Act of 2009 mandates that there be a prior Department of
Tourism accreditation for "primary tourism enterprises, which includes
accommodation establishments. Accommodation establishments include
hotels, motels, resorts, homestay operations, among others. Since
accommodation-sharing hosts are providing alternative accommodation
services to consumer guests using their own homes and vacation properties,
it can be argued that these properties are part of primary tourism enterprises,
which is subject to compulsory accreditation by the DOT.
a. Department of Tourism Memo. Circ. No. 2012-02
b. Fire Code; Environmental Code; Accessibility Law
c. IRR of Sanitation Code issued by DOH
d. The Tourism-Related Establishment Code provides for the
guidelines in regulating homestay operators
e. Insurance requirement
f. ensure handicap accessibility and prevent discrimination
4. The case of Makati Shangri-La v. Harper and De Los Santos v. Tan Khey
ruled that hotel business and accommodation establishments are likened to
the business of common carriers imbued with public interest. Thus, these
operators are bound to provide security and safety to their customers or
consumers.
5. Both rental and hotel business require licensing.
a. Especially when it comes to tourism, licenses ensure that a host can
provide a space, which conforms to some minimal standards. In
most cases that means hygienic requirements and fire safety. Some
locations might have additional requirements related to nature
forces.
b. In Lithuania, a person which is willing to rent his property, he shall
obtain a certificate of individual activities. If a person offers rental
services which can be considered as tourism services (i.e.
6
 accommodation and breakfast), he shall also notify the State
Department of Tourism and comply with hygienic requirements.
6. Since local government units impose taxes to tourism establishments, then it
is imperative to settle the nature of accommodation-sharing operators, to
determine whether they shall likewise be subject to occupancy or rental
income taxes.
a. The company facilitates renting, but does not assume any
responsibility to ensure that income tax (or any other taxes) are paid
to the state budget. In a way, Airbnb helps to create a black market
of renting, because it is extremely hard to monitor the activity of
hosts.
7. Assuming arguendo that these are innominate contracts, but the Civil Code
provides that innominate contracts shall be regulated by the stipulations of
the parties, by the provisions of Titles I and II of this Book, by the rules
governing the most analogous nominate contracts, and by the customs of
the place. (Art. 1307, CC). Thus there is a need to settle which most
analogous contracts apply to these arrangements, and which provisions may
apply suppletorily.
8. Terms and Conditions of Service of online platforms
a. The platforms provide that they may always alter such terms
anytime, in favor of them, w/ notification to the users.
b. Some provisions of the Terms are ambiguous, therefore the courts
still has to rule upon the interpretation of maximum extent permitted
by law in the Philippine context.
i. Statutory construction provides that the ambiguous
provisions on contracts of adhesion shall be construed
against the one who caused the ambiguity.
B. PRACTICAL ARGUMENTS
1. The self-regulation mechanisms of these online platforms are not sufficient
to give the consumers remedy.
2. They cannot be reached, or they refuse to participate or assist
3. Review mechanisms may not accurately reflect the necessary regulatory
concerns
1. Consumers/Hosts might fear retaliation outside the platform, since
they know each others personal information already
2. Consumer observations and past experiences may not always
reflect the problems, risks or perils that they cannot see.
i. heating system, carbon monoxide poisoning, facilities
ii. fire exits, cooking systems
3. These are the things that hosts and guests cannot properly assess
and prevent on their own.
4. deadbolt on each door requirement to prevent intruders
4. Not all offer insurance; Airbnb insurance is not yet provided in Philippines
c. to know the level of diligence required of hosts in their delivery of
accommodation-sharing services
d. zoning laws are being violated
e. condominium and homeowners associations rules are being violated
f. eviction of lessees/guests
g. other negative externalities
h. these online platforms have electronic records of the hosts and
guests activities
What rights are violated if accommodation-sharing is left unregulated?
1. Consumer Rights, Property Owners and Third Parties
2. Incumbent players in traditional and regulated industries that the sharing
economy players disrupt
ANALYSIS
GENERAL
What countries are permissive/accommodating?
United States
o Arizona
passed a law in January 2017, prohibiting local
governments from banning short-term rentals facilitated
by online accommodation-sharing platforms. 1 The
states Department of Revenue also partnered with
Airbnb in streamlining of tax payments of hosts to the
state.2
o New Jersey
has legalized accommodation-sharing but only allows
residents to rent a maximum of five units for less than
30 days a year.3
o San Francisco
in an ordinance, also forbade hosts who have not
properly registered their homes to engage in
accommodation-sharing transaction4
This ordinance sparked a lawsuit filed by Airbnb, but
recently in May 2017, the parties came up with a
compromise, where Airbnb committed in helping
1
John Kartch, Gov. Doug Ducey Aims To Make Arizona The Sharing Economy
State, available at https://www.forbes.com/sites/johnkartch/2016/01/12/gov-doug-
ducey-aims-to-make-arizona-the-sharing-economy-state/#3e1f662d3894 (last
accessed July 20, 2017).
2
Id.
3
Office of Jersey City, Mayor Fulop Leads on Sharing Economy, Jersey City to be
First in the Tri-State Area to Officially Allow Airbnb, October 12, 2015, available at
http://www.cityofjerseycity.com/uploadedFiles/Public_Notices/Press_Releases/10-
12- 15%207am%20Airbnb%20RELEASE%20.pdf (last accessed July 20, 2017).
4
City & County of San Francisco, San Francisco Ordinance No. 218-14, available at
http://www.sf-planning.org/index.aspx?page=4004 (last accessed July 20, 2017).
7
 authorities enforce its short-term rental laws. 5 Airbnb
will create a new registration system requiring hosts
information, which will be turned over to the city
officials. 6 Invalid registration of hosts will also
deactivate their listings.7
Europe
o United Kingdom
United Kingdom granted a 1,000 tax-free sharing
economy allowance to hosts starting April 2017
o Greece
licensing laws for renting out private homes were
already abolished, hence making it easier for
inhabitants to rent out their rooms or homes
o Amsterdam
the first European city to expressly authorize the
operations of Airbnb and other accommodation-sharing
transactions under certain conditions
city permitted the lease of houses for a maximum of
two months per year, and required hosts to be legal
residents in these homes, though temporarily absent.
In 2015, Amsterdam partnered with Airbnb regarding
the collection of taxes, information, and prevention of
public nuisance
o France
enacted a law that allows hosts to rent out their
principal residence up to four months without
requirements and imposes income taxes, but since
October 2015, Airbnb has been conducting
investigations and raids to prevent large-scale
accommodation-sharing that amounts to operating de
facto but unlicensed hotels
o Ireland
where a Welcome Standard was introduced to
provide parameters for alternative accommodation
providers.
What countries are restrictive?
United States
o New York
believes that online accommodation-sharing platforms,
particularly Airbnb, are responsible for the proliferation of
5
Heather Somerville & Dan Levine, Airbnb, San Francisco settle lawsuit over short-
term rental law, available at http://www.reuters.com/article/us-airbnb-sanfrancisco-
settlement-idUSKBN17X254 (last accessed July 20, 2017).
6
Id.
7 9
Id.
unlicensed hoteliers, since many hosts offer multiple
properties for short-term rentals through these platforms.8
37% of Airbnbs revenue in 2014 belongs only to 6% of
hosts in the city.
In effect, Airbnb seems to be advertising the unlicensed
lodging businesses of these hosts. Hence, several strict
regulatory measures to curtail accommodation-sharing
have been adopted.
As early as 2010, the New York Multiple Dwelling Law was
already enacted, prohibiting short-term rentals of less than
30 days in Class A buildings, i.e. with three or more units,
unless the owner is present during the rental period. 9
Violation of this law would cost the hosts penalties ranging
from $US 1,000 to $US 7,500, depending on the number of
violations.
authorities announced that they would not penalize the
accommodation-sharing companies for illegal listings of
hosts on their platforms
July 2017: The bill will require hosts who list apartments or
buildings with multiple units to disclose their exact location
details to make it easier for authorities to determine illegal
hotel operation
Europe
o Barcelona, Spain
adopted a prohibitive approach in dealing with
accommodation-sharing, its main concerns being the mass
arrival of tourists and the long-term impact on cost of
housing
Barcelona imposed $636,000 fines to both Airbnb and
HomeAway for allowing hosts to rent out properties without
tourist license.
April 2017: Airbnb separates professional landlords from
regular hosts, by limiting the number of home rental listings
to one property in central Barcelona, unless the host is a
professional landlord, i.e. more than one property, wherein
he is required to provide his business information on his
website
o Berlin, Germany
law prohibiting the use of a residential property for purposes
other than residence.
allows subletting less than fifty percent of the entire home,
thus outlawing subletting of entire homes or apartments,
8
James Dobbins, How to Host on Airbnb Legally, N.Y. TIMES, Apr. 7, 2017,
available at https://www.nytimes.com/2017/04/07/realestate/how-to-host-on-airbnb-
legally.html (last accessed July 20, 2017).
Multiple Dwelling Law, New York State, United States, 4, 8.
8
 without prior approval from local governments starting May
2016.
The online platforms may be obliged disclose information
about the hosts to authorities.
o Munich, Germany
issued a by-law similar to that of Berlin, prohibiting
commercial usage of homes, but allows occasional
subletting of rooms and spaces to visitors.
o Hamburg, Germany
amended housing law in 2013 permits hosts to rent out
DUTIES OF ONLINE PLATFORMS
Is it a hotel business?
1. No, because they are not offering accommodation services, and they are
incapable of providing security and safety in the premises of all the hosts; all
they have is general guidelines and claims. But they have no physical means
of doing so.
2. Online platforms do not manage/operate the accommodation services of all
hosts.
Is it a travel agency/broker?
1. No it is not because it involves more than mere booking;
2. It is under the supervision of the online platform, in such a way that the
online platforms can intervene if an issue arises between the host and the
guest. Airbnb for instance has a dispute resolution mechanism. It can decide
and overrule the decision of a host/guest.
3. Before, during and after the transaction, the online platforms have
participation, as opposed to mere brokers or middlemen.
4. These online platforms sometimes offer insurance coverages, which is not
happening in travel agencies. They only care to book you.
5. Airbnb for instance gives out free fire detectors
6. They seem to feel that they are responsible if their hosts are violating the
local laws, since they always remind their hosts to know the laws of their
place; they remind time to get insurance.
7. Verification, Background checks, 90% response Rate in 24 hours
8. Smoke-free and pet-free
DUTIES OF HOST
Does the provision on necessary deposit applicable to hotel and
innkeepers and common carriers also apply to accommodation-sharing
hosts? Under what circumstances?
1. These provisions may analogously apply to accommodation-sharing hosts,
since these hosts are marketing themselves as safe and secure
accommodation service provider, alternative to what the hotel and
innkeepers offer. There is a certain expectation on the part of the consumer
guests that the host would provide a safe and secure place for them,
consistent with what was posted on the online platforms.
2. But to determine the liability of the hosts and the diligence required of them
shall also depend on the circumstances of time, place and person.
3. At common law, innkeepers are strictly liable for injury to guests and have a
duty to accommodate, a duty to render courteous treatment, a duty to
provide safe accommodations and a duty to protect guests from others.
a. stems from the special relationship between an innkeeper and guest
b. Second Restatement of Torts equates innkeepers with common
carriers, which imposes on them a collection of duties to protect
guests.
What liabilities are you imposing to the hosts?
1. Duty to Provide basic and adequate security, consistent with what was
posted online and considering the circumstances of place
2. Duty to
Is there a presumption of negligence on the part of the online platforms
upon the hosts negligent acts causing injury or damage to another?
What is intermediary liability?
legal liability imposed to Internet intermediaries for the content or activities of
third parties
What are Internet Intermediaries?
they bring together or facilitate transactions between third parties on the Internet.
They give access to, host, transmit and index content, products and services
originated by third parties on the Internet or provide Internet-based services to
third parties.
What is the scope of Internet intermediaries?
It includes the following: (1) Internet access and service providers (ISPs); (2)
Data processing and web hosting providers, including domain name registrars;
(3) Internet search engines and portals; (4) E-commerce intermediaries, where
these platforms do not take title to the goods being sold; (5) Internet payment
systems; and (6) Participative networking platforms, which include Internet
publishing and broadcasting platforms that do not themselves create or own the
content being published or broadcast.10
What are the models of Intermediary Liability?
Strict (Blanket) Liability , Conditional (Safe Harbor) Liability, Broad Immunity
What is the Digital Millennium Copyright Act (US)?
limits the intermediarys liability for infringing content posted on its website upon
meeting certain conditions: no knowledge/awareness, benefit, responds quickly
upon notice
What is the Communications Decency Act?
10
Id.
9
- Section 230: no provider or user of an interactive computer service shall be
treated as the publisher or speaker of any information provided by another
information content provider.
- intermediary is insulated from liability for the acts and posts of its users, so long
as the platform is not an information content provider,11 or any person or entity
that is responsible, in whole or in part, for the creation or development of
information provided through the Internet or any other interactive computer
service.12 The law also protects intermediaries from liability when they remove
content based on private company policy.13
What is the European Union Electronic Commerce Directive?
- instructive in providing a legal framework for the imposition of intermediary
liability to website providers
- it prohibits member States from imposing general obligations on providers to
monitor the hosted content for potential illegal activities, 14 but it also protects
intermediaries from being liable for hosted content upon showing that: (1) the
intermediary does not have actual knowledge of the illegal activity or information;
or (2) the intermediary, upon being informed, acts expeditiously to remove or
disable access to such content.
Is the intermediary liability regime implemented in Philippines?
- Electronic Commerce Act
- Cybercrime Prevention Act of 2012
- Anti-Child Pornography Act of 2009
- Section 216 of the Intellectual Property Code
There is either knowledge, benefit and notification. Notice-and-takedown
Procedure
ONLINE PLATFORM-HOST RELATIONSHIP
Is it an agency transaction?
No. There is no fiduciary relationship; no representation.
Why is it not an online travel agency?
1. No agency relationship between host and guest, except to the extent that the
online platforms collect payments of guests
Is it a brokerage contract?
11
Communications Decency Act, 230 (c)(1)
12
Communications Decency Act, 230 (f)(3)
13
Legal Information Institute. 47 U.S. Code 230 - Protection for private blocking
and screening of offensive material. Cornell University Law School.
www.law.cornell.edu/uscode/text/47/230 (Accessed 18 July 2014.)
14
Directive 2000/31/EC of the European Parliament and of the Council of 8 June
2000 on certain legal aspects of information society services, in particular electronic
commerce, in the Internal Market, 2000 O.J. (L 178) [hereinafter Directive on
Electronic Commerce].
1. No, the Real Estate Service Act does not contemplate juridical entities
2. Online platforms are more involved in the transactions. They want to be a
hotel/travel business, without being held liable.
3. Online platforms set the tone, the rules, the branding, as opposed to
brokerage arrangements, where the property owner is the principal.
Is it a cuentas en participation?
No delectus personae. No mutual agency.
Have you used doctrines in Torts to determine the liability of online
platforms?
1. No, because there are no employment or agency relationship between the
hosts and the online platforms, thus the tort principles on vicarious liability or
respondeat superior would not apply.
RECOMMENDATION/PRACTICALITY
GENERAL
How do you implement your recommendation?
1. Two-layered approach
DUTIES AND LIABILITIES OF HOSTS
Isnt it impractical to require these hosts to obtain prior accreditation
before operating and before obtaining licensing from their LGUs?
1. Although the law may seem to add burden to small players under
accommodation-sharing industry, but the Tourism Act of 2009 requires
primary tourism enterprises, including accommodation establishments, to
obtain DOT accreditation, before being able to obtain their LGU license and
operate as such.
2. The government may initially subsidize some of the DOT accreditation and
LGU licensing fees, such as what it does in Homestay Operators in local
communities.
3. The business of accommodation services is imbued with public interest,
therefore, they have the duty to provide basic and adequate security to the
lives and property of the guests, depending on the circumstances of the
location, as determined by the Department of Tourism and their respective
LGUs.
How would you know that these provisions are the ones that apply to an
accommodation-sharing, and not the ordinary rules on lease contracts
under the Civil Code?
1. The fact that they use the online platforms in entering into these kinds of
transactions means that they would be governed by the accommodation-
sharing law, because by using this you enter a new sphere of public and
more commercialized accommodation establishment business.
10
Why did you not impose short-term rental (number of days) policies?
1. This is a matter that local government units have discretion on.
2. These policies are more for purposes of addressing housing shortages and
pricing in cities, but currently in Philippines, there are no findings yet that
accommodation-sharing transactions directly affect housing supply and
costs.
Can a national government order LGU?
Yes, Devolution to local-government vs. Local autonomy
Is the guest a possessor-in-good faith?
No. If he does not claim ownership, he cannot be a possessor-in-good faith with
that respect.
LIABILITY OF ONLINE PLATFORMS
What is the purpose of classifying/distinguishing active platforms from
passive platforms?
1. Not all online platforms are conducting accreditation or branding to the
content of the hosts.
2. Some just indiscriminately accept anyone as hosts
3. Some puts profile badges based on the accreditation of the online platforms:
(1) business ready; (2) superhost
4. Some platforms also have the choice which kind of guests to retain
What liabilities are you imposing to the online platforms?
1. Intermediary liability for allowing unlicensed hosts from operating without
prior DOT accreditation or LGU license.
2. Own negligence for accrediting unfit or unsuitable hosts
Isnt it that intermediary liability would impose too much burden on the
online platforms and stifle their freedom of speech?
1. No, it is the emerging means to hold online companies.
2. But, to ensure that freedom of speech is not stifled, then due process
considerations must likewise be implemented. Such as notifying the online
platform, giving it a chance to explain itself or remove the illegal content.
What is the mechanism of intermediary liability of online platforms?
1. Online platforms have to ensure that DOT accreditation and LGU licensing is
filled up by hosts prior to confirming their accounts, profiles, registration on
such platforms.
2. Online platforms may confirm such registration by looking into the online list
of DOT accredited and LGU licensed hosts, published by the DOT.
3. Online platforms are capable of doing this, since they are able to remove
content based on grounds provided in their Content policies.
How do you acquire jurisdiction over these online platforms if they are
sued?
1. Airbnb has stipulated in its Terms and Condition that they can be sued
before the courts of the resident of the consumer/user of the platform.
2. Airbnb and all the other platforms are also doing business in Philippines,
therefore these platforms may be sued, although they cannot in return be
sued.
3. Foreign Investments Act
The praise "doing business" shall include:
a. soliciting orders, service contracts, opening offices, whether called
"liaison" offices or branches;
b. appointing representatives or distributors domiciled in the
Philippines or who in any calendar year stay in the country for a
period or periods totalling one hundred eighty (180) days or more;
c. participating in the management, supervision or control of any
domestic business, firm, entity or corporation in the Philippines; and
d. any other act or acts that imply a continuity of commercial
dealings or arrangements, and contemplate to that extent the
performance of acts or works, or the exercise of some of the
functions normally incident to, and in progressive prosecution
of, commercial gain or of the purpose and object of the
business organization:
e. Provided, however, That the phrase "doing business: shall not be
deemed to include mere investment as a shareholder by a foreign
entity in domestic corporations duly registered to do business,
and/or the exercise of rights as such investor; nor having a nominee
director or officer to represent its interests in such corporation; nor
appointing a representative or distributor domiciled in the Philippines
which transacts business in its own name and for its own account;
4. FIA IRR
The following acts shall not be deemed doing business in the Philippines:
(1) Mere investment as a shareholder by a foreign entity in domestic
corporations duly registered to do business, and/or the exercise of rights
as such investor;
(2) Having a nominee director or officer to represent its interests in such
corporation;
(3) Appointing a representative or distributor domiciled in the Philippines
which transacts business in the representatives or distributors own
name and account;
(4) The publication of a general advertisement through any print or
broadcast media;
(5) Maintaining a stock of goods in the Philippines solely for the purpose of
having the same processed by another entity in the Philippines;
(6) Consignment by a foreign entity of equipment with a local company to be
used in the processing of products for export;
(7) Collecting information in the Philippines; and
(8) Performing services auxiliary to an existing isolated contract of sale
which are not on a continuing basis, such as installing in the Philippines
machinery it has manufactured or exported to the Philippines, servicing
11
 the same, training domestic workers to operate it, and similar incidental
services.

5. Section 12 of Rule 14 of the Rules of Court provides the means to acquire

jurisdiction over foreign juridical entities, which are not registered and do not
have a resident agent in Philippines.
a. SEC. 12. Service upon foreign private juridical entity.
When the defendant is a foreign private juridical entity which has
transacted business in the Philippines, service may be made on its
resident agent designated in accordance with law for that purpose,
or, if there be no such agent, on the government official designated
by law to that effect, or on any of its officers or agents within the
Philippines.
b. If the foreign private juridical entity is not registered in the
Philippines or has no resident agent, service may, with leave of
court, be effected out of the Philippines through any of the following
means:
i. By personal service coursed through the appropriate court
in the foreign country with the assistance of the Department
of Foreign Affairs;
ii. By publication once in a newspaper of general circulation in
the country where the defendant may be found and by
serving a copy of the summons and the court order by-
registered mail at the last known address of the defendant;
iii. By facsimile or any recognized electronic means that could
generate proof of service; or
iv. By such other means as the court may in its discretion
direct.
c. This rule shall take effect fifteen (15) days after publication in a
newspaper of general circulation in the Philippines.

How do you execute your judgment?

1. File a case here and assuming that Airbnb participates in the proceedings,
then file for the execution of the judgment abroad, pursuant to Rule 39 of the
Rules of Court.
2. Require the online platforms to register as a juridical entity in the Philippines,
i.e. a corporation, partnership, etc., wherein they would be required to file a
performance bond, which could be used for purposes of executing judgment
against the online platforms.
3. The Department of Information and Communications Technology can always
block the access to these online platforms in Philippines.

Can Airbnb invoke Forum non Conveniens?

12

CONTRACT LAW
RECOMMENDATION
A. First Layer of Regulation
- DOT Accreditation of hosts: DOT is authorized to formulate minimum standards
for accreditation of tourism facilities and services; similar with the DOT National
Homestay Program
- DOT Accreditation for primary tourism enterprises (accommodation
establishments) is required for the LGUs issuance of the license to operate the
accommodation establishments
- LGU Registration of properties used for accommodation-sharing
B. Second Layer of Regulation
- Intermediary liability of online accommodation-sharing platforms
What liabilities are you imposing to the hosts?
Is there a presumption of negligence on the part of the online platforms
upon the hosts negligent acts causing injury or damage to another?
Similar to hotels or ordinary lease?
What are the remedies of the guests?
- claim from the hosts
- claim from the online platform by independently proving the negligence of the
online platform in accrediting the hosts
What are the remedies of third persons affected?
Why did you not prohibit short-term rentals?
Why did you not place a minimum period to be considered as a short-term
rental to distinguish it from an ordinary lease contract?
EXECUTION
Philippine Homestay Programs
FlipFlop Tours
Beyond the scope of my thesis since these only cover small
communities or families that do not have access to the internet
How will you enforce since they do not have presence in Philippines?
Airbnb waived their jurisdiction, they can be impleaded in the country of
the complainants residence
Contracting with Airbnb Ireland, HomeAway in Singapore
Addressing this legal problem in the Philippine context is necessary, given
that the Philippines is a promising market for the accommodation-sharing
industry and one of the fastest growing markets of Airbnb in Asia, according
to its Southeast Asia and India Managing Director. From 2014 to 2015 alone,
the growth of Airbnb listings in the country was 300%. As of September
2017, there are 5,250 hosts and around 12,800 listings in Manila, alone,
under the Airbnb platform.
Investors are buying condo units, particularly in Manila, Boracay and
Tagaytay, just to cater to this accommodation-sharing market. Furthermore,
Department of Tourism data shows that domestic travelers account for 92%
or 40.4 million of the total 44 million tourists in Philippines in the first half of
2016.
Therefore, we do not want to wait for the worst case that could happen in
these unregulated businesses. Pursuant to the mandate of the Constitution
and the Consumer Act to protect the interest of consumers, it is imperative to
settle this legal question and enlighten the stakeholders of their rights and
remedies against those who ought to be held liable.
Questions:
What is your legal basis for regulating the accommodation-sharing
industry?
o
o Necessary Deposits provision under the Civil Code
Article 1998. The deposit of effects made by travellers in
hotels or inns shall also be regarded as necessary. The
keepers of hotels or inns shall be responsible for them as
depositaries, provided that notice was given to them, or to
their employees, of the effects brought by the guests and
that, on the part of the latter, they take the precautions
which said hotel-keepers or their substitutes advised
relative to the care and vigilance of their effects.
Article 2003. The hotel-keeper cannot free himself from
responsibility by posting notices to the effect that he is not
liable for the articles brought by the guest. Any stipulation
between the hotel-keeper and the guest whereby the
responsibility of the former as set forth in articles 1998 to
2001 is suppressed or diminished shall be void.
o National Accommodation Standards, IRR issued by the Department
of Tourism
o Taxation provisions are violated
Why dont you just leave the transaction among the parties?
o Zoning regulations are violated
o Taxation laws
o This violates the hotel liability on
Notes:
1. Reduce History
a. Go to definition and problem
b. Recent trend is happening
c. Do not include registration process
2. Definition
3. Why is it unfair that Airbnb
4. Agency
5. Whether or not under existing laws in Philippines govern the liabilities of
accommodation-sharing platforms.
13
 a. Whether or not the existing laws in Philippines can address the - ordinary lease and hotel business
dangers - both lease and hotel are required to have a license
i. What if like te 11. Legal Issue
b. Whether or not the relationship accommodation-sharing - do not say there are no laws that govern
economy are presently, - say that you are violating these laws
6. Frame it in a way violation? - it is more of advocacy
a. Is there something provokes you to draw weapon? - read on violations
i. Accommodation-sharing -
7. How to obtain jurisdiction
a. if they do not follow, then block the webs ESTABLISH LEGAL ISSUE:
8. Is there a separate host and ANALYSIS
9. Is there RECOMMENDATION
a. the contract is between the law THANK YOU
i. agency Civil Code Commission
10. Host and Guest Review Concepts of Civil Code
11. What is the practicality of regulating everyone? Senate deliberations on Civil Code
a. safety Code of Commerce
12. 2 pages for mock defense US Cases on Airbnb
13. Legal possession Substantial Distinction between hotels and lessors
a. what else can distinguish accommodation-sharing
14. Superhosts v. Private Individuals
15. Agency
16. Employment
17. Partnership
18. Co-venture
19. Necessary Deposit may not apply on accommodation-sharing
20. Contractual Argument
21. Why do you have to
22. Airbnb how Broker
23. How to distinguish

1. Presentation of arguments
2. Statistics
- show it is a emerging market, how much reserve
- Philippines
3. Whether or not violation siya
- Consumer Act
4. What is the legal harm that is being addressed by the lack of regulation?
- lack of remedies
- Consumer Act
5. Who gets liable for the crimes, injuries, damages
6. Isnt it enough for crimes that the guests sue the host for such specific acts
7. Vicarious liability
- you have the house to pay for the damages to guests
8. Lack of remedies
9. Liability of online platforms
10. Hybrid business
14