Now a days competition in the business environment become stiff. Each company review their market performance at a regular interval, this is to assure that they are doing well in their chosen market. This assessment includes the financial, production and operation, human resource and marketing management strategy. These assessement shall be given high importance because this will serve as their baseline as to whether or not they are doing their business in accordance with the goal setforth by themselves, these will allow them to identify the weakness of their competitors and use such weakness for their own advantage. Ofcourse if they were able to know the weakness of the competitors they can also identify their own weakness and provide solution to improve such weakness.

 

This assessment may also be use to identify the strenght or advantage of the competitors, this information can be use to formulate a business strategy that would defeat such advantage of the competitors.

 

How important is marketing in the business?

 

As many businessman believes that marketing is the first stage of doing business . In this stage the business entity will conduct a marketing research and create an analysis of the market as these processes help in the understanding of business goals and the way the market operates. Upon knowing this informations a business entity may formulate a product or strategy which can cater or meet the demand of the market.

 

Marketing also helps the business entity to make the product or service widely known and recognized in the market. The designated marketing officer must be creative in their marketing activities. Since there are lot of competitor in the market, getting the product noticed is not that easy.

 

The business must be centered on the customers and with the products that they are offering. the buying public still has their personal preferences. If you target more of their needs with assurance for its quality, they will come back again and again and even bring along recruits in this advantage of your competitors.

 

In able to dominant the market, marketers aim to create brand name recognition or product recall This is a technique for the consumers to easily associate the brand name with the images, logo, or caption that they hear and see in the advertisements.

 

Marketing helps increase sales and revenue growth. Whatever your business is selling, it will generate sales once the public learns about your product through TV advertisements, radio commercials, newspaper ads, online ads, and other forms of marketing. The more people hear and see more of your advertisements, the more they will be interested to buy. If your company aims to increase the sales percentage and double the production, the marketing department must be able to come up with effective and strategic marketing plans.

 

The Primary goal of marketing is to let the product or service be known to the public No business possibly ever thought of just letting the people find out about the business themselves, unless you have already established a reputation in the industry. But if you are a start-out company, the only means to be made known is to advertise and promote. Your business may be spending on the advertising and promotional programs but the important thing is that product and company information is disseminated to the buying public. Different types of marketing approaches can be exhaust by an organization.

 

An entiry must invest in marketing so as not to miss the chance of being recognize and known. If expenditures is to be considered, there are cost-effective marketing strategy a company can be used.

 

 

Now having knowledge the importance of Marketing in doing successful business let us go to the main issue of the bar. The issue involves a scenario where in a spectator or audience in an event who is wearing a clothes or apparells that has different trade name as of that sponsor of such event:

 

  • Whether or not the government can pass or enact a law prohibiting the spectators to wear clothes or apparell which has different trade name as of that the sponsor of such event, so that the interest of the latter maybe protected by law?

 

  • Whether or not the sponsor or organizer of the event can impose prohibition to wear an apparell different of that sponsor?

 

 

First let us know Rights of every Individuauls

 

Rights to Property

 

Property is any thing that can come under the right of ownership and be subject of the contract. The New Civil Code recognize the right of the owner to enjoy and dispose of any thing that he owns in exclusion of the other without any limitation excepts those establish in the law. So as expectators I have the right to use anything that I own without any prohibition as long as it is not violates the law (e.g. against public moral, policy etc.) so therefore I can wear whatever I want in whatever event as an spectator. Aside from prohibition of the law, does it have other limitations? It will be anwer on the later discussion.

Likewise the constitution protects the right of an idividual against the depriviation of the property without due process of law.

 

Freedom of Expression

 

Freedom of expression enshrined in the constitution is usually exercised through language, oral and written. Symbolism maybe also used. Therefor a person can express himself on any brand or trade names that he believes fit to his personality.

 

Freedom of Liberty

 

Freedom to do right and not to do wrong.

 

 

Can the Government enact a law prohibiting spectators to use a shirt or apparells carrying different trade name or marks as of that of the sponsor so to protect the latters interest?

 

My answer is in negative. The government shall not favor some number of people only, the law must without distinction must be apply to all. Under the Equal Protection Clause embodied in the Constituion, it provides for a more specific guaranty against any form of undue favoritism or hostilty from the government. The Equal Protection Clause requires that all persons or things similarly situated should be treated alike, both as to rights conferred and responsibility imposed. In other words, should not be treated differently, so as to give undue favor to some and unjustly discriminate against others.

 

If the congress decided to pass a law a requirements setforth by the constitution must be follow such as:

 

  • It must be based upon substantial distinctions.

     

  • Must be gernane to the purpose of the law

     

  • It must not be limited to the existing conditions only.

 

  • It must apply equally to the members of the class.

 

Granting that the first requisite is complied with since indeed there is a substantial distinction between the spectators and the organizer(or sponsor) for the latter spend for such event and the former does not, and even assuming that it is germane to the purpose of the law and apply to the member of the same class, it is still failed to comply with the third requirement, that it must be not limited to the existing conditions only. Since the event is not a usual occurence it cannot be a subject of a valid law. The third requirements is meant that the classification must be enforced not only for the present but as long as the problem sought to be corrected continues to exist(note: in this case there is no existence of problem).

 

Another reason is that each individual has the right to enjoy and use his property as provided for by the New Civil Code however an individual can be deprived of the use of his property(wearing a shirt or apparell that has trade name different as of the sponsor) is he use the same in a manner which is detrimental to others but such depriviation must be subject to due process of law.

 

Similarly wearing of such is a mode of expressing themselves, for instance an individual like to express himself as an atlhete, he may tend to use Nike or Addidas which is maybe different on that of the sponsor, because it is one of his right guaranteed by the Constitution but this Right allowed certain exception such as:

 

  • Clear and Present Danger Rule

     

    When the expression used are in such circumstances and are such a nature as to create a clear and present danger that they will bring about substantive evils that the state has the right to prevent.

 

  • Balance Interest Test

     

    If in a given situation it should appear that there is urgent necessity for protecting the national security against improvident exercise of freedom of expression, the right must not yeild. But if no special justification exists for curtailment of fredom, the interest of the state not being specially theareten by its exercise, it is the right must prevail.

 

 

Can sponsor or organizer of the event can impose prohibition to wear an apparell different of that sponsor?

 

My answer is in affirmative, for the state recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. The state is protecting the interest of the business enterprise because the former gets its fund by taxing to the latter. While its true that the congress cannot enact a law prohibiting an individual not to use a shirt or apparels diffrent from that of the sponsor or organizer of the event, however the organizer can prohibit this by stipulating necessary provision in the ticket or any papers that serve as a contract between the spectators and the event organizer. This is a valid stipulation, as a matter of fact there are lot of companies doing this. In case of contract of carriage by a ship, the ship owner stipulate in the ticket the “any action for breach of contract of carriage shall be brough to a specific RTC in exclusion of the other”; On Pay Parking for instance, the business operator of the parking indicate a provision in the ticket that ” incase of lost or damage to the car they are not liable to such”; Another is when you try to enter a Mall, you are waiving your right against you privacy since the Mall owner requires you as pre-requiste to submit your self for inpection of your body or bags before entering into the Mall; In Groceries you are required by the owner of the owner to leave your bag in the baggage counter before they allow you enter. This are all valid may be bound as such.

 

Aside from the prohibition imposed by the law another prohibition that may curtail others right is by prohibition stipulated in the contract on which each party is bound to comply with. It is noteworthy that the right provided for by the law and is not absolute it can be waive by the individual entitled to it.

 

As a matter of fact Contitution povide specific provision for Non Impairment of Contract which purpose is to safeguard the integrity of the valid contract agreements against unwarrented interference by the state. The term contract as use in the non-impairement clause refers to any lawful agreement on property or property rights, whether real or personal, tangible or intangible.

 

It is noteworthy in this instant case that the organizer or the sponsor has incurred expenditure in this event this expenditure is treated by them as investment so they are expecting the return of such investment with expectation of realizing profit from such investment.

 

As we have discuss earlier a effective marketing strategy contributes a lot to success of the business. It will help the busiess entity to widely recognized their product, create brand name or product recall and it helps the increase sale and revenue. So that is why they are willing to spend a lot of resources just to execute this strategy, that is why the state allows them to formulate certain conditions by stipulation in contract for them to protect their own interest subject of course to the police power of the state.

 

However if were be the organizer of the event I will not imposed such stipulation because the spectature may decrease in number. Some spectators may not appreciate the products of the sponsor nor use the products at all, thus he will not be allowed to go to such event which mean an oppurtunity loss on the part of the organizer. Aside from that the probability of the success rate of an event will decrease and other organizer may not tend to conduct such event in the future.

 

Anyway at the end of the day the sponsors and the organizer of the event has the power of control over the rules and regulation of such event. The success of the business left on their sound business decision and they are the one who would suffer incase of its failure.

 

 

End Notes:

 

Constitution

 

(Sec.20 Art.2)The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.

 

(Sec.10 Art.3)No law impairing the obligation of contracts shall be passed.

 

(Sec.01 Art.3)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.

 

(Sec.04 Art.3)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.

 

(Sec.02 Art.3)The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. 

 

THE OMNIBUS INVESTMENTS CODE OF 1987

 

(Art. 02 Par. 07)The Sate considers the private sector as the prime mover for economic growth. In this regard, private initiative is to be encouraged, with deregulation and self-regulation of business activities to be generally adopted where dictated by urgent social concerns.

 

 

 

Civil Code

 

Art. 414. All things which are or may be the object of appropriation are considered either:

(1) Immovable or real property; or

(2) Movable or personal property.

 

Art. 428. The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law.

The owner has also a right of action against the holder

and possessor of the thing in order to recover it.

 

Art. 1159.Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.

 

Art. 429. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property.

 

Art. 431. The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person.

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