Republic of the Philippines
HOUSE OF REPRESENTATIVES

EIGHTEENTH (18) CONGRESS
First Regular Session

House Bill No. 271

Introduced by: REP. JOSEPH STEPHEN S. PADUANO

EXPLANATORY NOTE

The bill of rights of air passengers is for the people. It is a charter that
clearly defines the rights of the passengers. It talks to the passengers
directly since regulatory measures on air carriers can be a subject of a
separate economic regulation or agency resolution. The mention of air
carriers in the bill of rights is only to put emphasis on who is the duty
bearer and who is the right holder,

Air carriers are public utilities. Public utilities are exercising public
functions. Public functions are powers of national sovereignty: This resides
in the people and all government authority emanates from them. It is the
same sovereignty that mandated the establishment, maintenance, and
operation of public utilities as much as public works are part of the functions
of government. The exercise or enjoyment of public functions is reserved to
class of person possessing the specific qualifications required by law. The
government however recognizes our country’s financial limitations vis-a-
vis the great demand for the construction, maintenance and operation of
public utilities to better serve the public.

Private entities which are engaged in the operation of public utilities
have to follow constitutional limitations since they are exercising a public
function. One of such requirement is the obtainment of a franchise, either
from Congress or from a governmental agency to which Congress has
delegated such power. A franchise is a special privilege conferred by
governmental authority, and which does not belong to citizens of the
country generally as a matter of common right.’

A legislative franchise or the grant of certificate of public convenience
and necessity is a special privilege granted by the state to a corporation. It
is a privilege of public concern which cannot be exercised at will and
pleasure, but should be reserved for public control and administration, either
by the government directly, or by public agents, under such conditions and
regulations as the government may impose on them in the interest of the
public!"


The grant of franchise is a special privilege that constitutes a right
and a duty to be performed by the grantee. The grantee must not perform
its activities arbitrarily and whimsically but must abide by the limits set by
its franchise and strictly adhere to its terms and conditions. A corporation as
a creature of the State is presumed to exist for the common good, hence, the
special privileges and franchises it receives are subject to the laws of the
State and the limitations of its charter. There is therefore a reserved right
of the State to inquire how these privileges had been employed: and whether
they have been abused.

In view of the foregoing, approval of this bill is earnestly sought.

RER EPHEN S. PADUA!



Republic of the Philippines
HOUSE OF REPRESENTATIVES

EIGHTEENTH (18") CONGRESS
First Regular Session

2871
House Bill No.

a iT\"7;
Introduced by: REP. JOSEPH STEPHEN S. PADUANO

AN ACT INSTITUTIONALIZING THE AIR PASSENGER FAIRNESS ACT OF
2019.

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled
CHAPTER 1
GENERAL PROVISIONS
Section 1. Title. This Act shall be known and cited as the “Air Passenger
Fairness Act of 2019.”

Sec. 2. Declaration of Policy. - It is hereby declared that:

a. The State shall provides for the maintenance of peace and order, the
protection of life, liberty, and property, and promotion of the general welfare
which are essential for the enjoyment by all the people of the blessings of
democracy;

b. The State shall provide that the use of property bears a social function,
and all economic agents shall contribute to the common good. Individuals
and private groups, including corporations, cooperatives, and similar
collective organizations, shall have the right to own, establish and operate
economic enterprises, subject to the duty of the State to promote
distributive justice and to intervene when the common good so demands;

c. The State shall pursue a trade policy that serves the general welfare and
utilizes all forms and arrangements of exchange on the basis of equality and
reciprocity;

d, The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed investments);

e. The State adopts and implements a policy of full disclosure of all its
transactions involving public interest according to Article II, Section 28 of the
1987 Philippine Constitution and that the right of the people to information
on matters of public concem shall be recognized;



£. The State shall adopt the generally accepted principles of international
law as part of the law of the land and hence adopting the Universal
Declaration of Human Rights;

g. The State and the airline industry: including general sales agents, in their
limited capacity, are the duty bearers and the air passengers are the right
holders in this bill of rights and as such, the State and the air carriers shall
protect and fulfil these rights and shall refrain from interfering with the
enjoyment of such rights;

h. The State shall fulfil its obligation in taking positive actions to facilitate
the enjoyment of these rights in the issuance of this Act;

i. The State has the duty to balance the interests of the airline industry that
delivers the services to the public and the public that it serves;

Sec. 3. Definition. For the purpose of this Act:

(a)"'Air Carrier or operator refers to a person who undertakes, whether
directly or indirectly, or by a lease or any other arrangements, to engage in
air transportation services or air commerce,

(b)"Air commerce or commercial air transport operation’ refers to and
includes scheduled or non-scheduled air transport services for pay or hire:
the navigation of aircraft in furtherance of a business, the navigation of
aircraft from one place to another for operation in the conduct of a
business, or an aircraft operation involving the transport of passengers:
cargo or mail for remuneration or hire.

(©) “Aireraft" refers to any machine that can derive support in the
atmosphere from the reactions of the air other than the reactions of the air
against the earth's surface. The term "aircraft", when used in this Act shall
refer to civil aircraft only and will not include State or public aircraft.

(d)"Baggage" is any personal property carried by the passenger, either by
check-in or hand-carry. 'Off-loaded Baggage’ refers to baggage checked in
but not subsequently removed from the cargo hold of the carrier due to
operational, safety, and/or security considerations,

(e)" Cancellation" is the act of calling off a flight with the uncertainty of
knowing when such flight will happen. This shall include the following
instances.

A- Cancellation by the air carrier

i. cancellation by the air carrier before the estimated time of
departure (ETD) for reasons attributable to the carrier as certified by
CAAP;


ii. Cancellation by the air carrier before and after the estimated time of
departure (ETD) for reasons not attributable to the carrier as
certified by CAAP.

iii, Cancellation by the air carrier after an unduly long delay.
B. Cancellation by the passenger

iv. Cancellation by the passenger holding regular fare/ticket, or who
has cancelled his/her reservation before and after the estimated time
departure (ETD) due to reasons attributable to the carrier:

y. Cancellation by the passenger holding regular fare/ticket, or who
has cancelled his/her reservation before and after the estimated time
departure (ETD) due to reasons of force majeure which includes
among others natural calamities or security considerations as
certified by CAAP.

C. Cases deemed cancelled

vi. Cases deemed cancelled or those flights that were delayed for
six (6) hours attributable to the carrier as certified by CAAP after the
estimated time departure (ETD).

(f) Check-in deadline’ refers to the point in time before the published
estimated time departure (ETD) on or before which a passenger must present
himself/herself to the air carrier at its check-in counter which is at least twenty
(20) minutes before such ETD.

(g) Check-in period’ is the amount of time when the air carrier's check-in
counters are open for accepting and processing passengers checking in for
€ fore

their flights which Starts at least three (3) hours be! the ETD until the check-
in deadline.

(h) “Civil Aeronautics Board" or 'CAB' means the government agency
pad

has jurisdiction to investigate, upon complaint or upon its own
initiative whether any individual or air carrier: domestic or foreign, is
violating any provision of the Civil Aeronautics Act of the Philippines or
Republic Act No. 776 as amended, or the rules and regulations issued
thereunder; and shall take such action consistent with the provisions of
this Act, as maybe necessary to prevent further violation of such
provision.

(@ Civil Aviation Authority of the Philippines:' or ‘CAAP" means the
government agency which has jurisdiction under the Civil Aviation Authority
Act or Republic Act No. 9497 to establish and prescribe the corresponding


rules and regulations for the enforcement of laws governing air
transportation, inspection and registration of all aircraft owned and
operated in the Philippines and all air facilities, and operate and maintain
national airports, air navigation and other similar facilities in compliance to the
International Civil Aviation Organization.

(j) Confirmed Reserved Space" means space on a specific date and on a
specific flight and class of service of a carrier which has been requested by
a passenger and which the carrier or its agent has verified, by means
provided by the air carrier or its agent which may include notation on
the ticket, as being reserved for the accommodation of the passenger.

(k)"Delay" is the result of the deferment of a flight to a latter time. 'Terminal
Delay" is a delay that occurs while passengers are still inside the terminal
waiting for boarding. "Tarmac Delay” is delay that occurs white passengers
are already on board the aircraft ready for take-off.

() Denied Boarding or "Bumping Off takes places when a passenger who
holds a confirmed reserved space and who has presented himself/herself
for carriage at the proper time and place and fully complied with the carrier's
check-in and reconfirmation procedures and who is acceptable for
carriage under the carrier's tariff but was not allowed to board the
aircraft for lack of space or any other reason.

(m)"Denied Check-in" takes place when a passenger who has
presented himself/herself for check-in at the appointed area and at the
appointed time is not checked in for boarding on a particular flight.

For “Domestic air transport” means air transportation within the limits of
the Philippine territory.

(0) Estimated Time Departure’ is the point in time published by the air
carrier as the time when the aircraft shall take off.

(p)""fare- is payment in consideration for the carriage of a passenger. "Regular
Fare" is any fare that is offered on a regular basis, non-discounted, and offers
the advantage of cancelling, changing flight time or schedule: rerouting,
rebooking, and others; whether for a fee or penalty or not. "Promotional fare"
is any fare that is generally lower than a regular fare and is offered for a
specific period. This includes but not limited to offers of "no frills); fare and,
discounted fares. ‘Free tickets" are tickets provided by carriers to passengers,
tickets available for free to employees: and tickets claimed based on
mileage, which do not have confirmed status, are subject to space
availability, and do not qualify as cither regular of promotional fare,

(q) "General sales agent” means a person not a bona fide employee of an air
carrier, who pursuant to an authority from the air carrier, by itself or through
‘an agent, sells or offers for sale any air transportation, or negotiates for, or


holds himself out by solicitation: advertisement or otherwise as one who sells,
provides, furnishes contracts or arranges for, such air transportation.

(x) Government requisition of space refers to a formal request by the
government or its agencies to an airline company for the use of an aircraft,
or any part thereof: for regulatory; safety, security, and/or emergency
purposes;

(8) Shove is the failure of the passenger to be present before the check-in
counter within the check-in deadline.

(#)"Non-scheduled Carrier" is an air carrier holding a Certificate of
Public Convenience and Necessity (CPCN) or a Temporary Operating Permit
(TOP) for nonscheduled services;

(u)"'Non-scheduled Services" in air transportation means that an aircraft
has more flexibility in terms of time: schedules, routes, and choices of
airports and similar operational characteristics subject to the approval of
CAAP each time.

(¥)"Overbooking® is the practice by air carriers of selling confirmed
reserved space beyond the actual seat capacity of the aircraft. This shall
include a situation wherein en air carrier downgrades an aircraft for
grounds other than safety or unforeseen operational reasons that results in
the bumping off of passengers.

(w) Passenger shall refer herein to a passenger travelling by air.

(x) "Philippine air carrier’ means an air carrier who is a citizen of the
Philippines.

(y) Philippine aircraft" means an aircraft registered in the Philippines in
accordance with the requirements of Republic Act No. 9497 or the Civil Aviation
Authority Act.

(z)'Scheduled Domestic Carrier" refers to a Philippine carrier granted a
Certificate of Public Convenience and Necessity (CPCN) to operate
scheduled or regular services within points in the Philippines or to and from the
territory of the Philippines.

(aa) Scheduled Services" in air transportation means that an aircraft has a
fixed, regular: and published timetable and routes and which does not have
flexibility in terms of time, schedules: routes, and choices of airports
and similar operational characteristics.

See. 4. Scope of Application. - This Act shall apply to all aspects of contracts
of carriage for flights or portions of a flight, within the territory of the


Philippines or from the territory of the Philippines, operated by Philippine
based carriers, flights or portions of a flight from the territory of the
Philippines operated by foreign air carriers, as well as charter flights and
the conduct of individual ticketing. The applicability clause of the 2011
Revised Philippine Civil Aviation Regulation {P AR) shall be considered in this
Act.

The rights enumerated in this Act shall not be subject to any limitations
except as may be prescribed by law and are necessary to protect public safety,
order, health, or morals.

CHAPTER IL
RIGHTS OF THE PASSENGERS

A. RIGHT TO TRUTHFUL INFORMATION

See. 5. Clear; Truthful, and Understandable Information. - Every passenger
shall have the right to the full access of information and disclosure of
information, in English and in Filipino, from the air carrier and/or general sales
agents on the following:

a. terms and conditions of the contract of carriage before purchase or
obtainment of the ticket from the air carrier or its agents, including
general sales agents;

b. information on no-show instances and the liability of the passenger;

¢ documents required to be presented at check-in and provisions on
check-in deadlines;

d. allowed baggage weight and restrictions as to contents of the
baggage;

e. information when the passenger has to declare higher value of
baggage and the fees applicable if any;

ana on loss, damage, and delay of baggage and procedures on
claim;

g. refund policy and procedures;

h, rebooking policy and

procedures,

i, liability limitations of the

air carrier,

j. claim filing deadlines:

k. promotional fares, the duration, number of seats on a per sector and
per flight basis, the CAB promotional number, and the extent thereof,
1. regular fares, and the extent thereof,

m. senior citizens discount and persons with disabilities (PWDs)
discount;

n. information as to physical assistance of persons with special


needs including senior citizens, persons with disabilities, pregnant
women, and children, which may include information as to seat
dimensions, available options of seats, and usage of air bridges, buses,
and other services to facilitate their movement,

©. information as to medical assistance:

p, denied boarding and reasons thereof,

q. change of schedule and reasons thereof;

r. delays and cancellation of flights and reasons thereof,

s. deviation of flights and reasons thereof,

t. options of the passengers in cases of denied boarding, change of
schedule, delays, cancellation, deviations, and other changes in the
operations of the aircraft;

u, number of flight, names of pilots, co-pilots, crews, and attendants in
the flight where the passenger is in;

v, information as to where to report if harassed or violated of his or her
person;

w. options of the passenger as to taking advantage of travel insurances, if
available;

x. contact information of the air carrier and officers or agents to
contact in cases of emergency

y. government taxes and fuel surcharges, including basis of rates of
fuel surcharges; z, other fees and charges;

aa. other key terms identified on the contract of carriage;

bb. other information necessary to apprise the passenger of the
conditions and full/total price of the ticket purchased.

Sec. 6. Method of Disclosure. An air carrier shall cause the disclosure
under this Section to be printed on or attached to the passenger ticket and/or
boarding pass, or incorporate such terms and conditions of carriage by
reference.

Incorporation by reference means that the ticket and/or boarding
pass shall clearly state that the complete terms and conditions of carriage
are available for perusal and/or review in the air carrier's website, or in some
other document that may be sent to or delivered by post or electronic mail to
the passenger upon his/her request.

The air carriers are required under this Act to post in their website,
or other online accounts, the information which the passenger has a right of
full access and disclosure from the air carrier including a copy or access to this
Act.

In case of booking through a ticketing office or agent, the
disclosures shall be explained by the agent in a language that is easily
understood by the purchaser.


In case of online booking, the air carrier must establish a system
wherein the purchaser is fully apprised of the required disclosures under
this Section twice prior to the final submission of his/her online offer to
purchase. The first disclosure shall include the full information to which
the passenger has a right of access and disclosure. The second
disclosure before the final submission of his/her online offer to purchase
shall substantially include the following message, in English and Filipino:

By confirming purchase of thi
which include:

a, (Refund policy)

b. (Rebooking policy)

c. (No-Show policy)

d. (Other important information specific to the ticket purchased)

ticket, you agree to the terms and conditions

Sa pagpili ng tiket na ito, kayo ay sumasang-ayon sa mga kondisyon at
restriksyon kabilang na ang:

a. (Panuntunan sa pagsasauli ng ibinayad)

b. (Panuntunan sa pagpalit ng tiket)

c. (Panuntunan sa hindi pagdating sa tamang oras)

d. (Iba pang importanteng impormasyon ukol sa tiket)

Sec. 7. Advertisements - Advertisements of fares shall be clear, truthful and
not misreading and shall capacitate the passenger to make an informed
purchase or availment of the airline ticket such that the passenger fully
understands the consequences of purchasing such ticket.

The advertisement of the promotional fares/rates shall be made only
after the same has been approved by the CAB.

The following disclosures are required to be part of the airline
advertisement in print medium which shall occupy not less than thirty (30%) of
the advertising material.

a. Conditions and restrictions attached to the fare type:

b. Refund and rebooking policies applicable;

¢_ Government taxes and fuel surcharges;

d, Other fees and charges;

e. Contact details of the carrier which includes phone numbers,

websites, emails: and online accounts; and

f. Other information that is necessary to apprise the passenger of the

conditions and full price of the ticket which may include incorporation

by reference of websites and other available information portal or
office where the passenger can read or ask the full terms and
conditions of the fare and the air passenger bill of rights.

g. In case of promotional fares, the number of seats offered on a per


sector basis, the CAB permit or approval number and the duration of the
promo.

Provided: that where there are differing conditions such as fuel
surcharge in relation to the points of destination or origin, the
advertisements of these carriers may provide only the range thereof and not
the actual surcharge of each route.

B. RIGHT AGAINST DISCRIMINATION

Sec. 8. Equal Protection. - Every passenger is entitled to all the rights set
forth in this Act regardless of sex, gender, education, income, social
status, language, color, physical characteristics, mental characteristics,
sensory impairments, age, religion, marital status, political belief, and
other circumstances that have no relation whatsoever to the passenger being
aright-holder in this Act. Air carriers shall also not discriminate passengers to
enjoy the rights set forth in this Act based on criminal or summary
convictions or history of filing a complaint against the air carrier

No air carrier shall refuse transportation to any person on the basis of
their disability. There should be no limit as to the number of seats allowed
for persons with disability, senior citizens, or persons with special needs

Sec. 9. Valid Classification. - The State recognizes valid classification of
persons as manifested by legislations aiming to level the access and
enjoyment of basic rights of persons.

This Act recognizes and integrates the provisions found in the following laws
and regulations:

a. Republic Act No. 7277 or the Magna Carta for Disabled Persons
and as amended by Republic Act No. 9442 including the implementing
rules and regulations of such laws particularly Section 36 of Republic
Act No 9442;

b. Batas Pambansa Bilang 344 or the Accessibility Law;

c. Republic Act No. 7432 as amended by Republic Act No. 9257 and
Republic Act No. 9994 or now called the Expanded Senior Citizens
Act of 2010 and its implementing rules and regulations;

All air carriers shall adhere to the provisions of these laws and
accordingly, designate at least one (1) check-in counter in their existing
counters which shall prioritize persons with disabilities (PWDs), senior

itizens, and persons requiring special assistance or handling which may
include pregnant women, and unaccompanied children between 7 and 12
years ol



Persons accompanying a PWD, a senior citizen, and a person requiring
special assistance or handling should also be accommodated in the designated
check-in counter. It is the duty of the air carrier or its authorized agent to
inform its passengers if additional costs will be incurred for the use of
facilities designed for passengers needing special assistance.

Air carriers may not require advance notice that a person with disability,
senior citizen or pregnant women, and children are travelling. However, air
carriers may require up to 48 hours advance notice for certain
accommodations that require preparation time which may include respirator-
hook up, transportation of an electric wheelchair on an aircraft with less
than 60 seats, accommodations for ten (10) persons with disability or more
who travel as a group, person travelling on a stretcher, carriage of an
incubator, and other assistance that would require preparation from the air
carrier.

Air carriers may not require a person with disability, senior citizens,
pregnant women, and unaccompanied children between 7 and 12 years old
to travel with an attendant, except in limited circumstances provided for by
law. If the person with disability, senior citizen, pregnant women, and
unaccompanied children between 7 and 12 years old disagree about the
need for an attendant, the air carrier can require the attendant, but cannot
charge for the transportation of the attendant.

However, there are instances when the air carrier can require persons
with disability, senior citizens, and persons with special needs to be
accompanied by an attendant or a companion and the submission of a
medical certificate:

a. Person travelling on a stretcher or incubator but only in flights
where such services is offered;

b. Person with mental disability or sensory impairment such as
hearing or vision impairments to an extent that the person cannot
comprehend the instructions and respond appropriately to the air
carrier personnel, including understanding instructions on change of
gate assignments and schedules, checking and claiming of baggage,
accessing lavatory, or handling oneself during connecting flights, or
such impairment prevents him or her from receiving and acting on
necessary instructions from carrier personnel when evacuating the
aircraft during an emergency:

c. Person with disability who is unable to assist himself or herself in
alighting the plane or when evacuating the plane during an emergency:

In such cases, the air carrier may ask for volunteers from the passengers
or an off-duty employee who is in the same flight to accompany the person


with disability, senior citizen, or persons with special needs. Such attendant
or volunteer shall not be required to provide personal services to the
person with disability, senior citizen or person with special need except in
the event of an evacuation during emergency.

‘The air carrier may deny boarding to such persons with disability,
senior citizens, and persons with special needs if it is for the best interest
of such person. In such a case, the person shall be entitled to compensation
as provided in this Act.

Air carriers must at all times have an on-board wheelchair whether it was
requested by any passenger or not Wheelchairs and assistive devices do not
count against any limit on the number of pieces of hand-carry baggage.
Wheelchairs and assistive devices shall have priority for in-cabin storage
space over other the baggage and shall also have priority when unloading,
Wheelchairs that are battery-powered shall not be denied acceptance by the
air carrier subject only to limitations imposed by law on hazardous chemicals.
Packaging of such hazardous chemicals shall be allowed if within the rules
of the CAAP. No additional costs should be charged for packaging such
batteries,

An air carrier that refuses transportation to any person with disability,
senior citizen, or person with special needs shall provide a written statement
to that person within 10 calendar days, stating the basis for such refusal.

Air carriers shall include in their personnel training on dealing and
understanding people with disabilities, senior citizens, or persons with
special needs, and how to respond to their needs quickly, safely, and with
dignity.

Sec. 10. Additional costs for the use of facilities designed for persons with
disabilities and senior citizens. - Additional costs for the use of the facilities
designed for persons with disabilities may be charged by the air carrier or the
passenger to the funds of the Department of Social Welfare and Development
(DSWD) as provided for in Section 27 of Republic Act No. 7277 or the Magna
Carta for Disabled Persons subject to the rules provided by DSWD and
National Council on Disability Affairs (NCDA);

Additional costs for the use of the facilities designed for senior citizens
may be charged by the air carrier or the passenger to the designated funds of
the Office for Senior Citizens Affairs (OSCA) where the passenger belongs
subject to the rules and regulations of the respective OSCA and Section 21 of
Republic Act No. 9994 with regard to available and required services which can
be provided by registered associations and federations of senior citizens.

All additional charges on the basis of special needs of persons with
disability, senior citizens, and persons with special needs shall at all
times be reasonable and nondiscriminatory.


C. RIGHT TO SAFETY

Sec.11. Right to a safe flight and extraordinary diligence of the air
carrier. - Every passenger has a right to a safe flight. He or she shall be
entitled to a convenient and on schedule conveyance in accordance with
the contract of carriage with the air carrier. The air carrier shall be required
to transport the passenger with extraordinary diligence and vigilance over the
safety of their person and property in relation to the aircraft: the air
carrier's personnel and crews, and other passengers. The air carrier shall at
all times favor safety based decisions when passengers are involved.

Sec. 12. Access to emergency measures, medical assistance, safety
devices and essential services. - every passenger has a right to have access
and to use emergency and safety devices, medical assistance, and proper
application of first aid procedures during emergency situations or when
his or her health requires it. Air carriers shall train flight personnel and
crews in handling and responding to emergency situations and shall have at
least one (1) flight crew who is certified to apply first aid procedures. The
air carrier shall always inform its passengers of emergency measures in
cases of evacuation before the start or during the first hour of the flight.

Every passenger has a right to deplane the aircraft when it puts his
or her health condition at risk, the air carrier shall consult with the
passenger who needs to deplane and determine on a safety-based decision
whether it is for the best interest of the passenger to deplane.

Every passenger shall have access to essential services such as
adequate food and potable water, dean and safe lavatory facilities, and cabin
ventilation and comfortable cabin temperatures.

Sec. 13. Prevention of harm to passengers and maintenance of aircrafts. -
The air carrier shall prevent harm and hazards to passengers by ensuring
that it follows all regulations on the airworthiness of the aircraft, complies
with rules on hazardous materials: protects the passengers from
unreasonable harm, and actively responds to harm caused by the aircraft
structure, materials, and chemicals.

D. RIGHT TO REDRESS

Sec. 14. Right to action, satisfaction or relief of a wrong or injury. - Every
passenger has a right, without fear of retribution, to take action against the
air carrier for a wrong or injury caused to the passenger or his or her spouse
and minor children.

____ Every passenger has a right to satisfaction or relief from a wrong or
injury as the case may be, Satisfaction of a wrong or injury may be done
through rectifying the problem, providing compensation, conducting an
investigation, or extending a formal apology to the passenger.


Sec. 15. Instances where a passenger has a right to redress- The following
includes, but not limited to, the instances where the passenger has a right to
redress:

a. Refund of Fares. Every passenger has a right for a full
refund of fares for all kinds of purchased tickets including
those from promotional sales and other fees such as checked
baggage fees and other optional service fees e.g. insurance,
donation, seat selector fee, if the passenger did not use
his/her ticket, Provided, That the passenger is not at fault

h  Rebook the Flight. Every passenger has a right to
rebook the ticket he or she purchased; provided, that the
rebooking fee is only limited to administrative fee.

© Denied Boarding. Every passenger shall be protected
from denied boarding, except when the passenger is at fault,
or due to legal or valid causes such as, but not limited to,
immigration issues, safety, security, and health concerns. In
accordance with the customary airline procedures, a
passenger holding a confirmed ticket, whether promotional
or regular, with complete documentary requirements and has
followed the check-in procedures shall be processed for
check-in if he/she presents himself/herself at the check-in
counter within the check-in deadline. Provided, that a
passenger within the air carriers cordoned check-in area at
least one (1) hour before the published ETD shall not be
denied check-in.

d. Overbooking. In accordance with paragraph (c) of this
Section, every passenger checked in a particular flight
cannot be denied from boarding the aircraft except for legal
or other valid causes such as, but not limited to,
immigration issues: safety, security: and health concerns. If
the flight has more passengers than the allowed capacity of
the aircraft, the air carrier shall perform the following:

1. Determine the number of passengers in excess of the
actual seat capacity of the aircraft:

2. Announce that the flight is overbooked, and that it is looking
for volunteers willing to give up their seats in exchange for
airline compensation;

3. Provide the interested passengers or volunteers a list of
amenities and offers from which they can choose, which shall

always include priority booking in the next available flight
and/or cash incentive; and


4. In cases the number of volunteers is not enough to resolve
the overbooking, the air carrier shall increase the
compensation package by certain degrees or by adding more
amenities/services until the required number of volunteers is
met.

The overbooking and the settling of compensation for
passengers pursuant to this Section shall not be an excuse for
the undue delay of its ETD.

. Bumped Off. Every passenger shall be protected from being
bumped off in the flight wherein he or she has a confirmed
ticket, However, in cases where the seats of the aircraft are
insufficient to accommodate the ticketed passengers for other
reasons such as, but not limited to, government requisition of
space, as well as the downgrading of the aircraft for safety or
unforeseen operational reasons as certified by the CAAP, the
air carrier shall ask for volunteers in accordance with paragraph
@ of this Section.

For this purpose, government agencies and/or officials
wanting to requisition aircraft space for official government
purposes shall submit a written request justifying the
requisition to the CAR, who shall then make the request to
the airline concerned, detailing:

1, The number identities, and affiliation of the persons
requesting for space,
2. The date and time (if applicable) of the flight; and

3. The destination

f. Cancelled Flights. Every passenger has a right to
compensation in cases of flight cancellation attributable to the
carrier as certified by CAAP.

g. In case of flight cancellation before the ETD attributable
to the carrier, a passenger shall have the right to:

i, Be notified beforehand via public announcement,
written/published notice: and flight status update service or
Shorts Message Service (sms /text);

ii. Be provided of the following:

a. Refreshments and/or meals


b. Hotel accommodation that is conveniently accessible
from the airport or lounge accommodation

c. Transportation from the airport to the hotel

d. Free calls, text, e-mails, and first aid, if necessary,

iii. Reimbursement of the value of the fare, including taxes,
surcharges of the sector cancelled, in case the passenger opts not
to fly the ticket; if both sectors are cancelled, the carrier shall
reimburse the total value of the fare, taxes, and surcharges:

iv. Rebook the ticket to the next flight with available space, or
within thirty (30) days to a future trip without additional charge.
However, for rebooking made in excess of thirty (30) days, fare
difference shall apply: and

y. Endorsement to another carrier without paying any fare
difference, at the option of the passenger: and be provided
space and other circumstances that the accommodation
permits, at the option of the passenger.

2. In case the carrier cancels the flight because of force majeure, safety,
and/or security reasons as certified by the CAAP, a passenger shall have
the right to:

i, Rebook the trip to another trip in the future, subject to the
payment of the fare difference, if any, and reasonable
administrative costs;

ii, Reimbursement of the value of the fare, subject to the
payment of reasonable administrative costs; and

iii, | Endorsement to another airline upon payment of any fare
difference and be provided
space and other circumstances that the accommodation permits,
at the option of the
passenger.

This provision shall be the minimum entitlement of a passenger in case of
cancellation and shall not prohibit the airline from granting more favourable
conditions or recourses as it may deem appropriate,

Delayed Flights. Every passenger has a right to redress when their flights
are delayed.


I. Terminal Delay
In case of ‘terminal delay" of at least two (2) hours after the ETD,
whether or not such is attributable to the carrier, a passenger shall have the
right to:
i. Be notified beforehand via public announcement,
written/published notice:
ii. Be provided with:
a. Refreshments and/or meals,

b. Free phone calls: text or e-mails, and first aid. if necessary.

In case the flight is delayed for at least four (4) hours for causes
attributable to the carrier, the passenger, in addition to the above amenities:
shall have the right to;

i. Declare that he/she is cancelling his/her reservation;

ii, Rebook or refund in accordance with paragraph (I) of
this Section; or

iii, Ask to be endorsed to another carrier, in accordance
with paragraph (f) of this Section.

In case a flight is delayed for at least six (6) hours after the ETD for
causes attributable to the carrier, it shall be deemed cancelled for the
purpose of making available to the passenger the rights and amenities
required to be provided in case of actual cancellation as provided in
paragraph (f) item number (1), and in addition, an affected passenger shall
be given the following:

i. Additional compensation equivalent to the value of
the sector not flown: and

ii, The right to board the flight if it takes place after
six hours and the affected passenger has not availed
of the rights provided in paragraph (f) item number
(1). For this purpose, the air carrier is obliged to
exert all efforts to contact the passenger for the flight.

iii, Tarmac Delay

Every passenger shall likewise have the right to adequate food and
beverage in cases of ‘tarmac delay" of at least two (2) hours after ETD,
reckoned from the closing of the aircraft doors or when the aircraft is still at
the gate with the doors still open but the passengers are not allowed to
deplane.


Damaged baggage shall be compensated at one hundred pesos (Php
100.00) per kilogram if it is in a domestic flight unless the passenger has
declared a higher valuation of the baggage at check-in time, For

international flights: item (i) under this paragraph shall apply.

iii, Death or Bodily Injury of Passenger. Every passenger has a right
to safety and security of his or her person.

For international flights, in case of death or bodily injury sustained by a
passenger, the relevant Convention and inter-carrier agreement shall apply.
However, an international carriage performed under the 1966 Montreal Inter-
Carrier Agreement which includes a point in the United States of America
(USA) as a point of origin, a point of destination or agreed stopping place,
the limit of liability for each passenger for death, wounding or other bodily
injury shall be the sum of seventy-five thousand dollars (USD 75,000.00)
inclusive of legal fees and costs. Provided, in the case of a claim brought in
a state where a provision is made for a separate award for legal fees and
costs, the limit shall be the sum of fifty-eight thousand dollars (USD
58,000.00), exclusive of legal fees and costs.

For domestic flights, the equivalent amount in Peso provided by the
relevant Convention shall apply.

Sec.16. Assistance Desk. Air carriers shall provide Customer Service
Representatives who can address common problems on the spot which
includes arranging for meals, hotel rooms and accommodation for stranded
passengers, write checks for denied boarding compensation, arrange luggage
resolutions, and settle other routine claims or complaints.

In addition, the CAB shall provide Complaints and Assistance Desks manned
by CAB or CAB-deputized personnel in all airports who shall assists
passengers, whose rights have been violated, including the filing and the
petition

Sec. 17. Remedies of the Passengers. - Every passenger whose right
provided in this Act is violated shall have the following remedies:

a. Go to the Customer Service Representative (CSR) of the air
carrier at their designated counter. Ask for two (2) copies of the report
form and write the nature of the complaint

b. Submit the forms to the CSR and get acknowledgement receipt, Give
cone copy to the CSR for processing.

c. Give the other copy at the Complaints and Assistance Desk (CAD) of


This provision shall be the minimum entitlement of a passenger in case
of delay and it shall not prohibit the airline from granting more favorable
conditions or recourses as it may deem appropriate.

h. Loss, Damage and Delay of Baggage. Every passenger has
a right to compensation for any loss, damage, or delay of baggage
attributable to the fault of the air carrier.

Compensation for loss of baggage shall be in the following amounts:

i, For international flights, twenty dollars (USD 20.00) per kilo for
checked in baggage and four hundred dollars (USD 400.00) for hand-

carried baggage.

ii. For domestic flights, the equivalent amount in pesos shall apply.

A passenger's baggage is presumed to have been lost, if within a
period of fourteen (14) days, counted from the time the passenger or consignee should
have received the same, the baggage is not delivered to said passenger or
consignee.

Once the baggage is declared to be permanently lost in case of
domestic flights, the provisions set in the contract of carriage shall apply in
the valuation of lost belongings. In case of international flights, the limits set
by the Warsaw Convention or the Montreal Convention, whichever is
applicable, shall apply.

In case a checked-in baggage has been off-loaded for operational,
safety, or security reasons, the air carrier shall inform the passenger at the
soonest practicable time and in such manner that the passenger will readily
know of the off-loading that his/her baggage has been of and the reason
thereof in the passenger's baggage has been offloaded, the air carrier
should make the appropriate report and give the passenger a copy thereof,
even if it announced that the baggage will be on the next flight.

The air carrier shall carry the off-loaded baggage in the next flight with
available space: deliver the same to the passenger either personally or at
his/her residence and tender an amount of one thousand pesos (PhP
1,000.00) for every two (2) days of late delivery, as compensation for the
inconvenience. The passenger shall also have a right to the refund of the
checked baggage fees if the baggage was not delivered to the passenger
within twenty-four (24) hours from the arrival of flight.

Air carriers are liable for provable consequential damages up to the
amount of their liability limit in connection with the loss and delay in the
delivery of baggage, in accordance with the limits set by the Warsaw
Convention or the Montreal Convention, whichever is applicable


CAB or CAB-deputized personnel at the airport and attach the report
form from the air carrier on the report form from CAB.

d, Get acknowledgment receipt of complaint from CAB

e. Get resolution slip from the air carrier's CSR and attach it on your
CAB report form and submit it to the CAB CAD.

f. If case is not resolved, go to CAB CAD and report such incident
together with documents, and other evidence, to support your claim.

Sec.18. Compensation as Liquidated Damages- The compensation
provided in the preceding sections, if accepted by the passenger, shall
constitute liquidated damages for all the damages incurred by the
Passenger as a result of the air carrier's failure to provide the passenger
with a confirmed reserved space

Provided, that while a confirmed reservation is necessary to make a
passenger eligible for compensation, a written confirmation issued by the
air carrier or an authorized agent qualifies the passenger in this regard even
if the air carrier cannot find the reservation in the electronic records, as
long as the passenger did not cancel the reservation or miss a
confirmation deadline.

Provided further that in addition to the aforementioned
compensation, a passenger denied boarding shall have priority booking for
the air carrier's next flight with available space using the same ticket and have
the same services originally opted and paid for which includes but not
limited to seat selection, baggage check-in, and other paid services, in
such subsequent flight. If the passenger does not receive these services on
the subsequent flight or was required to Pay a second time, the air carrier
must refund these payments to the passenger.

Provided finally, that a passenger shall not be denied from
boarding for two (2) consecutive times on the same day, except when

Public safety, order, health and moral requires or instances enumerated in
Section 15 (e) pertaining to government requisitions of space.

CHAPTER III
OBLIGATIONS OF THE CARRIER

Sec.19. Responsible Overbooking - Overbooking, as a revenue-
management options of air carriers, shall be properly and rationally practiced: and
done in utmost good faith,

Sec. 20. Immediate Payment of Compensation. - An air carrier liable for
compensation as herein provided shall make the compensation available to


the affected passenger at the air carrier's counters at the airport on the date
when the occasion entitling the passenger to compensation occurred: or at
the main office or any branch of the air carrier at the discretion of the
passenger The air carrier shall tender a check for the amount specified, or
cash, or the document necessary to claim the compensation or benefits
mentioned above.

Sec.21. Duty of the Carrier during Check-in Period - Passengers shall be
given enough time before the published ETD within which to go through
the check-in and final security processes. For this purpose, air carriers shall
open their check-in counters at least three (3) hours prior to the ETD.

A passenger within the cordoned or other designated check-in area at
least one (1) hour before the ETD shall not be considered a late check-in or a
no-show. For this purpose, a system of stamping or certifying that a
passenger has entered the cordoned or other designated check-in area on
time shall be put in place by the carrier. The carrier shall exert utmost
diligence in ensuring that passengers within the cordoned or other designated
check-in area and/or lined up at the check-in counters are checked in for
their flights before the check-in deadline.

In case the passenger is late, he/she may be denied check-in and
directed to a. standby or rebooking counter, as the case may be, for proper
processing.

Sec. 22. Designation of an "All-Flight Counter" and Per Route
Counter". - Air carriers may operate all-flight counters which will serve
Passengers without regard to destination. As far as practicable, the air carrier
shall, in addition to all-flight counters, open a separate dedicated counter
for a flight nearing check-in deadline to facilitate the checking in of
Passengers at least an hour before the published ETD.

Sec. 23. Operational Spare. - An air carrier shall, in adopting its flight
schedules, exert all efforts to manage the disposition of its aircraft in such
a way as to be able to reallocate aircraft to take the place of another aircraft
in case the latter cannot carry the passengers due to operational requirement,
aircraft maintenance, and other similar situations.

Sec. 24. Written Reports. - Air carriers shall submit a monthly report to
the CAB on the following:
a. The number of regular and promotional fare passengers who
have been denied boarding, whose flights were delayed or had been
cancelled:

b. The number of regular and promotional fare passengers whose
baggage had been lost, damaged_or off-loaded: and


¢. The number of regular and promotional fare passengers who died or
sustained in an injury during the course of the flight or performance
of the contract of carriage, as well as the reasons and other
circumstances of such occurrences.

Provided, that the air carriers shall maintain a database, containing the
names, addresses: and/or other particulars of such passengers, their flights,
concerns or complaints, as well as records of the air carrier's personnel
regarding the same, if any, and other pertinent information, available to
the CAB upon request.

CHAPTER IV
FINAL PROVISIONS

Sec. 25. Implementing Rules and Regulations. - The Department of
Transportation (DOTr), Department of Trade and Industry (DT]) and the Civil
Aeronautics Board (CAB) shall adopt rules and regulations to implement the
Provisions of this Act within sixty (60) days from the date of its approval in
consultation with accredited passenger organizations.

See. 26. Congressional Oversight Committee. - A Congressional Oversight
Committee, hereinafter referred to as the "Committee", is hereby
constituted in accordance with the provisions of this Act. The Committee
shall be composed of the Chairman of the Senate Committee on Public
Services and Chairman of the House Committee on Transportation and four
(4) additional members from each House to be designated by the Senate
President and the Speaker of the House of Representatives, respectively.
The Committee shall, among others, in aid of legislation:

(@) Monitor and ensure the proper implementation of this Act;

(b) Review the collection performance of the Authority;

(©) Review the proper implementation of the programs of the

Authority and the use of its collected fund.

In furtherance of the hereinabove cited objectives: the Committee is
empowered to require DoTr, DTI, and GAB, to submit all pertinent
information including, but not limited to, complaints filed by the
passengers and the complaints resolved by the air carriers and the CAB,

The Congressional Oversight Committee shall be in existence for a
period of five (5) years, and thereafter, its oversight functions shall be
exercised by the Senate Committee on Public Services and the House
Committee on Transportation acting separately.

See. 27. Appropriations. - The Secretary of Transportation shall
immediately include in the Department's program the operationalization of
the upholding of the enumerated rights in this Act, the initial funding of
which shall be charged against the current appropriations for the Civil


Aeronautics Board (CAB). Thereafter, such sums as may be necessary for
the continued implementation of this Act shall be included in the annual
General Appropriations Act.

Sec. 28. Separability Clause. - \f any section(s) or any part of this Act
ee seclared unconstitutional by a competent authority, the remaining
‘sections or parts thereof shall not be affected thereby.

Sec. 29. Repealing Clause. All other orders, guidelines, economic
regulations, and other issuances of the CAB, DTI, and the DOTr, which are
inconsistent with these provisions: are hereby amended, repealed or
modified accordingly. Otherwise, provisions not deemed inconsistent shall
be of suppletory application.

Sec. 30. Penalties. - Any violation of Section 6 and Section 7 shall be a
ground for the denial of subsequent applications for approval of regular
End/or promotional fare, or for the suspension or recall of the approval
made on the advertised fare/rate.

Violations of Section 9 and 10 of this Act shall be subject to the
penalties provided for in Section 3 of Republic Act No. 9442, Section 4 of
Batas Pambansa Bilang 344, and Section 24 of Republic Act No. 9994, as
the case may be.

i Any violation of this Act shall be penalized in accordance with the
pertinent provisions of Republic Act No. 77 or the Civil Aeronautics Act of the
Philippines, and Republic Act no. 7394 or the Consumer Act of the Philippines.

SEC. 31. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspapers of general circulation.

Approved.