Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HodsEBILLNo.     91`15
AN ACT
PROVIDING FOR A BILL OF RIGHTS FOR AIR PASSENGERS,
PENALIZING VIOIATIONS THEREOF, AND FOR OTHER PURPOSES
Introduced by AKO BICOL PARTYLIST Representative
Haul Angelo "Uil" D. Bongalon
EXPLANATORY NOTE
In the Philippines, where air travel is a vital mode of transportation, it is
crucial to protect the rights of air passengers. Flight delays, cancellations, and
overbooking   have    become   common   issues   faced   by   travelers,    causing
inconvenience and frustration. By implementing an Air Passenger Bill of Rights,
passengers   will   have   clear   guidelines   on   their   entitlements,    such   as
compensation, assistance, and rebooking options, in case of such disruptions.
This legislation will prevent airlines from leaving passengers stranded or facing
unnecessary hardships.
Accountability and transparency are key aspects that an Air Passenger Bill
of Rights can address. Airlines will be required to provide accurate and accessible
information about passengers' rights and entitlements, including compensation
policies, refund procedures, and complaint resolution processes. By establishing
mechanisms  for resolving complaints  and  disputes,  passengers will  have  the
means to hold airlines accountable for any operational shortcomings.


Enhancing   customer   service   is   another  critical   objective   of  an  Air
Passenger Bill of Rights. Airlines will be expected to improve communication with
passengers by providing timely updates and information about flight status and
changes. This will result in a more pleasant travel experience, as passengers will
feel valued and well-informed throughout their journey.
Safety and security are paramount in air travel, and an Air Passenger Bill
of Rights can incorporate regulations to ensure these aspects are upheld. Airlines
will be required to adhere to strict protocols for passenger screening, baggage
handling,   and  aircraft  maintenance.   By  prioritizing  safety  measures,   the
legislation will contribute to a safer environment for passengers, reducing the
risks associated with air travel.
Standardizing passenger rights across different airlines and jurisdictions
is crucial in the Philippine context. Currently, passengers face varying levels of
protection and entitlements depending on the airline they choose. Implementing
an Air Passenger Bill of RIghts will ensure fair and consistent treatment for all
passengers,  regardless  of their chosen  airline  or  travel  destination.  This  will
eliminate confusion and provide passengers with a clear understanding of their
rights, establishing a level playing field.
This bill institutionalizes and updates the Joint DICT-DTI Administrative
Order No.  1  issued on December 10, 2012.
The implementation of an Air Passenger Bill of Rights in the Philippines is
essential to address the concerns and protect the rights of air passengers. This
legislation    will    provide    legal    protection,    promote    accountability    and
transparency, enhance customer service, ensure safety and security measures,
and  establish  consistency  within  the  aviation  industry.   By  passing  such
legislation,  the Philippine government can work towards improving the overall
travel experience, ensuring that passengers' rights are respected and upheld.
In view of the foregoing,  it is  imperative  to prioritize the well-being and
satisfaction of air passengers by enacting an Air Passenger Bill of Rights in the
Philippines. Thus, the passage of this bill is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HOHSE BILL No. i 115_
AN ACT
PROVIDING FOR A BILL 0F RIGHTS FOR AIR PASSENGERS,
PENALIZING VIOLATIONS THEREOF, AND FOR OTHER PURPOSES
Introduced by AKO BICOL PARTYLIST Representative
Haul Angelo "Uil" D. Bongalon
Be it erected bg the Serwie arid Hcuse Of Represerdatiues Of the Philtppi:res
in Congress asse:mbled:
C-ERI
GENERAL PROVISIONS
Section  1. Short Title. -This Act shall be known as the "Air Passenger
Bill of Rights Act of 2023."
See. 2. Declaration of Policy. - It is the policy of the State to promote the
welfare of airline passengers and strengthen the regulatory framework that will
ensure safe, efficient, convenient, and secure services to the riding public in civil
aviation. The State shall pursue a policy mandating full disclosure of all aspects
relating to the contract of carriage. The State shall adopt the generally accepted
principles of relevant international laws to which the country is a signatory.
See. 3. Definition of Terms. - For the purpose of this Act, the term:


a.  "Air Carrier" refers to an airline providing transportation services in
a contract of air carriage;
b.  "Airline Ticket" or "Ticket" refers to the document that sets forth in
writing the contract of air carriage that contains all the stipulatioris
agreed  upon  by  the  air  carrier  and  the  passenger,  the  relevant
provisions of this Act and all other laws,  treaties, or international
agreements concerning air carriage;
c.  "Baggage" refers to any personal property carried by the passenger
which has been checked-in with the air carrier;
d.  "Cancellation"  refers  to  the  act  of calling  off a  flight.  This  shall
include the following instances:
Cancellation by the air carrier before the estimated time of departure
(ETD) whether or not the reason for the cancellation is due to the air
carrier' s fault;
i.   Cancellation by the air carrier after an unduly long delay; and
ii.   Failure  of the  passenger  to  board  a  particular  flight  or  a
situation deemed cancelled as provided under this Act;
e.   "Check-in Deadline" refers to a reasonable time before the published
ETD as may be prescribed by the Civil Aeronautics Board (CAB) at
which a passenger may physically present travel documents to the
air carrier at the latter's check-in counter;
f.   "Check-in Period" refers to the time when the air carrier's check-in
counters are open to accept and process passengers checking in for
their flights which  starts at least two (2)  hours before the ETD in
international airports and in airports designated by the Department
of Transportation (DOTr). In other airports, the check-in period shall
start at least one (1) hour before the ETD;
9.  "Confimied Reserved Seat" refers to a seat which has been requested
by a passenger on a specific date and on a specific flight and class
of service of a carrier, and which the carrier or its agent has verified,
by  appropriate  notation  on  the  ticket,  as  being  reserved  for  the
accommodation of the passenger;


h.  "Convention"   refers   to   the   applicable   international   agreement,
convention, or treaty on the carriage of goods or persons by air;
i.   "Delay" refers to the deferment of a flight to a later time;
j.   "Denied Boarding" refers to a situation where a passenger who has
physically  presented  travel  documents  pertaining  to  a  confirmed
seat reservation at the proper time and place, and has fully complied
with  the  carrier's  check-in  reconfirmation  procedures,  and  the
carrier's tariff requirement is not allowed to board the aircraft;
k.  "Denied Check-in" refers to a situation where a passenger, who has
physically presented travel documents to an air carrier's check-in
counter at the appointed area and at the appointed time, is denied
or is not processed for boarding a particular flight;
I.   "F`are" refers to the payment in consideration for the carriage of a
passenger but shall not include charges for ancillary services;
in. "Flight  Deviation"  refers  to  the  change  in  the  airport  of origin  or
destination;
n.  "Free Tickets"  refer  to  tickets  provided  by carriers  to  passengers,
tickets  available  for  free  to  employees,  tickets  claimed  based  on
mileage,  and other tickets received  through sales promotions and
other similar means which do not have confirmed status, are subject
to   space  availability,   and  do  not  qualify  as  either  regular  or
promotional fare ;
o.  "General Sales Agent» refers to a natural or juridical person who is
not a bona fide employee of an air carrier and who, as authorized by
the air carrier, by itself or through an agent, sells or offers to sell
any air transportation,  or negotiates for,  or holds himself out for
solicitation, advertisement or otherwise as one who sells, provides,
furnishes, contracts, or arranges for such air transportation;
p.  "Government Requisition of Space" refers to a formal request by the
government or its agencies to an air carrier company for the use of
an aircraft, or any part thereof, for regulatory, safety, security, and
emergency  purposes.   Such  request  shall  be  submitted  by  the
requesting agency to CAB which, in turn,  shall make a request to


the airline concerned, detailing the number, identities and affiliation
of  the  persons  requesting  for  space  and  the  date,   time,  and
destination of the flight;
q.  "No-show"  refers  to  the  failure  of the  passenger to  appear at  the
check-in counter within the check-in deadline or to show up at the
boarding gate at the time indicated on the boarding pass;
r.   "Non-scheduled Services" refer to an arrangement where an aircraft
has more flexibility in terms of time, schedules, routes and choices
of airports  and  similar  operational  characteristics  subject  to  the
approval  of the  Civil Aviation Authority of the  Philippines  (CAAP)
each time;
s.   "Off-loaded Baggage" refers  to  baggage which has either not been
checked-in or checked in but subsequently removed from the cargo
hold of the carrier;
t.   "Overbookingg   refers   to   the   practice   by  air  carriers   of  selling
confirmed  reserved  space  beyond  the  actual  seat  capacity of the
aircraft.   This   shall   include   situations   wherein   an   air   carrier
downgrades an aircraft for grounds other than safety or unforeseen
operational reasons that result in the bumping off of passengers;
u.  "Passenger" refers to a person actually travelling by air. A person
who is named in the flight ticket shall be considered a passenger for
the purpose of this Act;
v.   "Person with Disability" or "PWD" refers to persons who have long-
temi physical, mental, intellectual or sensory impairments, which,
in  interaction  with  various  bariers,  may  hinder  their  full  and
effective participation in society on an equal basis with others;
w.  "Philippine-based  Air  Carrier"  refers  to  an  air  carrier  holding  a
Certificate   of  Public   Convenience   and   Necessity   (CPCN)   or   a
Temporary Operating Permit (TOP) issued by the CAB for scheduled
and non-scheduled services;
x.  "Promotional  F`are"  refers  to  fare  that  is  generally  lower  than  a
regular  fare,  and  is  offered  only  for  a  specific  limited  period.
Promotional fare includes, but is not limited to, offers of "no-frills"
fare,  wherein  the  non-essential  features  for  flights  have  been


removed to keep the price low, and discounted fares, which require
prior approval by the CAB;
y.  "Regular Fare" refers to any fare that is offered on a regular basis, is
non-discounted,  and  offers  the  advantage  of  cancellation,  flight
itinerary amendments, rerouting, and rebooking, among others, by
the passenger, whether or not subject to a fee or penalty;
z.   "Sales Promotion" refers to techniques intended for broad consumer
participation which  contains  promises of gain,  such  as  prizes,  in
cash or in kind, as a reward for the purchase of a product, security,
service or winning in a contest, game, tournament, and other similar
competitions  which  involve  the  determination  of  winner/s  and
which utilize mass media and widespread media of information.  It
also  means  techniques  purely  intended  to  increase  the  sales,
patronage and/or goodwill of a product;
aa."Scheduled Services" refer to an arrangement wherein an air carrier
follows  fixed,  regular,  and  published  timetables  and  routes  and
which  does  not  have  the  flexibility  in  terms  of time,  schedules,
routes    and    choices    of    airports    and     similar    operational
characteristics;
bb. "Tarmac Delay" refers to a delay that occurs while passengers are
already on board the aircraft; and,
cc. "Terminal Delay" refers to a delay that occurs while passengers are
still inside the terminal waiting for boarding.
See.  4.  Scope  of Application.  -  This Act  shall apply to  all aspects  of
contracts of air carriage for flights or portions of a flight within the territory of
the Philippines or from the territory of the Philippines, operated by Philippine air
carriers,  flights  and  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: jfroz„.ciecz, That the compensation provision of this Act shall
not apply to air carriers flying into the territory of the Philippines if the laws of
the country of origin provide similar or higher compensation.
See. 5. Applicability of International Laws and Pertinent Conventions.
- In case of conflict between the provisions of this Act and the provisions of any
treaty or convention where the Philippines is a signatory, the provisions of the
latter shall prevail. In cases of treaties or conventions where the Philippines is


not  a  signatory,  the  provisions  of such  treaty  or  convention  shall  have  the
suppletory effect in the implementation of this Act insofar as the same are not
contrary to the provisions contained herein.
CRAFTER II
CONTRACT OF CARRIAGE BY AIR
See. 6. Contract of Air Carriage. - By the contract of air carriage, an air
carrier is obliged to transport the passenger or one's baggage, if any, from one
place  to  another,  through  airspace,  without any damage  or injury upon  the
passenger,  or loss,  damage  or unreasonable  deterioration  of the  passenger's
baggage, if any, and when the passenger obliged to pay a just and reasonable
airfare.
See.  7.  Perfection of the  Contract of Carriage.  - The contract of air
carriage is perfected from the moment the air carrier and the passenger give their
respective consent to the said agreement. There is consent when the air carrier
issues a confirmation of the airline ticket in favor of the passenger, who accepts
and holds it in possession, with the corresponding full payment of the fare by
said passenger.
See.  8.  Diligence  Required  of the  Carrier.  - Air carriers,  due  to  the
nature of air transportation, it being imbued with public policy and interest, are
obliged to observe extraordinary diligence in the performance of their obligations
under  the  contract  of  air  carriage.  Air  passengers  are  required  to  observe
ordinary diligence while the contract of air carriage is effective.
See. 9. Presumption of Negligence. - In case of damage or injury to the
passenger,  or loss,  damage,  or unreasonable deterioration of the passenger's
baggage, if any, the air carrier shall be presumed negligent, unless it is proven
that the latter exerted extraordinary diligence to avert the same.
Diligence observed in the selection and supervision of employees shall provide
no relief against the presumption of negligence. Air calTiers may be held liable
for failure to exercise  diligence  in the selection and supervision of employees,
pursuant to provisions of Republic Act No. 386, as amended, otherwise known
as  "The  Civil  Code  of the  Philippines."  In  the  case  of carriage  of goods  and
baggage, the presumption of negligence shall not apply if the loss, damage, or
unreasonable deterioration is caused or occasioned by any of the following:
a.  Flood, storm, earthquake, lightning, or other natural disaster or calamity;


b.  Act of the public enemy in war, whether international or civil;
c.  Act or omission of the shipper or owner of the baggage/goods;
d.  The character of the goods or defects in the packing or in the containers;
and
e.   Order or act of competent authority.
See.  10. Cancellation. - An air carrier may cancel a flight for any of the
following:
a.  Infrastructure limitation as certified by the CAAP;
b.  Safety reasons due to a technical problem;
c.   Security reasons; or
d.  During the occurrence of a fortuitous event.
The passengers affected may avail such applicable remedies provided under
this Act.
See.  11.  Civerboohing.  -Overbooking  shall  not  be  allowed  for  all  air
carriers.
See.  12. Statutory Construction. - In case of doubt, the contract of air
carriage shall be construed liberally in favor of the passenger and strictly against
the air carrier.
CELAFTER Ill
RIGHTS AND OBLIGATIONS OF THE PASSENGERS
A. RIGHT TO FULL AND TRUTHFUL INFORMATION OF THE CONDITIONS
OF THE CONTRACT OF CARRIAGE
See. 13. Clear, Truthful, and Understandable Information. -In addition
to the information enumerated under Section  15 hereof, every passenger shall,
before purchasing any ticket for a contract of carriage, have the right to the full
access, fair and clear disclosure of information, in English and in Filipino, from
an air carrier or general sales agent on the following terms and conditions of the
contract of carriage:
a.  Fare  and  other  fees  and  ancillary  charges  (taxes,  insurance,  I-uel
surcharge, seat reservation, etc.);
b.  Travel restrictions;


c.  Baggage allowance and limitations;
d.  Check-in and boarding requirements and deadlines;
e.  Air carrier's responsibilities and passenger's rights and compensation
for  delayed  and  cancelled  flights,  for  deaths  and  injuries  and  lost,
delayed or dalnaged baggage;
f.   Air carriers' liability limitation;
9.  Procedures for clains against the air carrier;
h.  Services and amenities provided by the air carrier; and
i.   Other crucial and necessary conditions of the contract of carriage.
See. 14. Method of Disclosure. -An air carrier shall cause the disclosure
under the  immediately preceding section  to be printed  on or attached  to  the
passenger ticket, and boarding pass, or incorporate such terms and conditions
of carriage  by reference.  Incorporation  by reference  means  that the  ticket  or
boarding  pass  shall  clearly  state  that  the  complete  terms  and  conditions  of
carriage are available for perusal or review in the air carrier's website, or in some
other document that may be sent or delivered by post or electronic mail to a
passenger upon request.
The air carriers are required under this Act to post on their website,  or
other online accounts,  the  information which  a passenger has  a right of full
access and disclosure.
In the case of booking through a ticketing ofrice 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 an  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
an online offer to purchase shall include an agreement, in English and Filipino,
to the terms and conditions specific to the ticket purchased.
See.  15. Advertisement. - Advertisement of fares shall be clear, truthful
and  not misleading and  shall capacitate  the  passenger to  make an  informed
purchase  or  or  availing  of  the  airline  ticket  such  that  the  passenger  fully
understands the consequences of purchasing such ticket.


The advertisement of the promotional fares 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 percent (30°/o) of the advertising material:
a.  Conditions and restrictions attached to the fare type;
b.  Refund and rebooking policies;
c.   Government taxes and fuel surcharges;
d.  Other fees and charges;
e.   Contact details of the carrier which include phone numbers, websites,
electronic mailing addresses, and other online accounts;
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 for the full terms and conditions
of the fare and the air passenger bill of rights; and
9.  In the 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.
8. RIGHT TO FAIR AND REASONABLE FARE AND TO THE FULL VALUE OF
THE SERVICE PURCIIASED
See.16. Right to Receive the Full Value of the Service Purchased. -A
passenger shall have the right to fair and reasonable fare and to receive the full
value of services that they purchased. An air carrier shall not deny nor diminish
any service that an air passenger has paid for: FTovided, that an air carrier may
upgrade its services in favor of a passenger free of charge, subject to the consent
of  the  passenger.  This  right  includes  the  convenience  on  the  part  of  the
passenger during the flight.
See.  17. Right to Mandatory Fare Discount. - Qualified senior citizens,
PWDs,  and  students  are  entitled  to  a  twenty  percent  (20°/o)  discount  on  all
regular fares. To avail of the discount,  the persons concerned are required to
show competent proof of identity,  such as identification cards issued by duly
recognized public and private educational institutions, and government agencies
and instrumentalities.
A student availing of the discount must be enrolled in a duly-recognized
academic,  vocational  or  technical  school  or  institution  at  the  time  of  the
purchase  of the  airline  ticket.  F`or the  purposes  of this Act,  the  discount on


regular fares shall not be extended to students taking up post-graduate courses
like medicine, law, and master's and doctorate degrees, as well as those enrolled
in short-term training courses and seminars.
Qualified  senior citizens,  PWDs,  and  students are likewise exempt from
the payment of the value added tax.  Where the air carrier offers  promotional
fares, the fare that is more beneficial between the discounted regular fare and
the promotional fare shall be offered to the passenger.
For the purpose of taxation, the discounts herein imposed shall be allowed
as a deduction on the gross income of the carrier.
See.  18. Right to Refund. - Every passenger holding a refundable airline
ticket shall have the right to the refund of fares and payments made for optional
services. This includes the refund of terminal fees and other fees such as checked
baggage fees, insurance, and seat selector fees, if any.
See.   19.  Right  to  Cancel  a  Flight.  -  If  the  passenger  cancels  the
confirmed flight more than twenty-four (24) hours before the ETD, the passenger
shall  be  reimbursed  seventy-five percent  (75%)  of the  cost of the  ticket fewer
ancillary services charges, and the remaining twenty-five percent (250/o) shall be
retained  as  the  cancellation  fee.  There  shall  be  full  reimbursement  of such
charges for ancillary services not availed of including, but not limited to, baggage
and terminal fees. If the passenger cancels the confirmed flight twenty-four (24)
hours or less before the RID, or does not show up altogether, the ticket shall be
considered flown; there shall be full reimbursement of the charges for ancillary
services not availed of including, but not limited to, baggage and terminal fees.
See. 20. Right to Rebook a Flight. - Every passenger who was fully and
truthfully informed that the ticket purchased is rebookable shall have the right
to rebook the flight in accordance with the terlns and conditions set forth in the
rebooking policy.
See. 21. Right to be Processed for Check-in. -A passenger holding a
confirmed ticket, whether under a promotional or regular scheme, with complete
documentary requirements, and who has complied with the air carrier's check-
in procedures, shall be processed accordingly at the check-in counter within the
check-in  deadline.  For  this  purpose,  the  CAB  shall,  consistent  with  global
aviation practice, provide a uniform schedule of the opening of check-in counters
and   check-in  deadline  for  both   local  and  international  flights  giving  the
passenger enough time to be processed for check-in.


The air carrier shall, therefore, and subject to infrastructure limitations,
clearly designate the boundaries of its assigned check-in areas or counters in a
manner convenient to the passengers. The air carrier shall ensure that all of its
passengers for a particular flight, including those who are in the queue prior to
the check-in deadline, have already checked-in before accepting passengers from
previously delayed  or cancelled  flights and  chance passengers,  in  that order,
when there are still seats available.
See.  22.  Right to Board Aircraft for the Purpose of Flight.  - Except
when the passenger is at fault or due to legal or valid causes such as immigration
issues, safety, security, and health concerns, a passenger who has checked-in
for a particular flight has the right to board the aircraft for the purpose of flight.
A passenger shall be considered at fault if such passenger is acting in violation
of a law or the contract of air carriage affecting the safety and security of another
passenger or crew during the voyage.
c. RIGHT AGAINST ANIr ACT oF DlscRIMIHATloN AND vEXATloN
See. 23. RIght to Equal Protection. - Every passenger is entitled to all
the  rights  set forth  in  this Act and  in  all  aspects  of contract of the  carriage
regardless  of race,  sex,  gender,  education,  income,  social  status,  language,
physical  characteristics,  mental  characteristics,   sensory  impairments,   age,
religion, marital status, political belief, and other circumstances. No air carrier
shall deny a passenger from enjoying the rights set forth in this Act because of
criminal or summary convictions, or a previous grievance against the air carrier.
See. 24. Right to be Respected. - Air passengers shall have the right to
be respected at all times by the air carrier. Airline employees and crew shall serve
all passengers with utmost courtesy and respect.
D. RIGHT TO SAFETY
See.  25.  Right  to  Obtain  Access  to  Emergency  Measures,  Medical
Assistance, Safety Devices and Essential Services. - A passenger has a right
to have access to and to use emergency and safety devices, medical assistance,
and to the proper application of first aid procedures during emergency situations
or  when  the  passenger's  health  requires  it.  Air  carriers  shall  train  flight
personnel and crew in handling and responding to emergency situations and
shall provide at least one (1) flight crew who possesses a certification in first-aid
application.  An  air  carrier  shall  always  infomi  its  passengers  of emergency


measures in cases of evacuation before the start or during the first hour of the
flight.
A  passenger  has  a  right  to  disembark  from  an  aircraft  when  in  the
passenger's determination, continuing the journey or being onboard the aircraft
constitutes  a risk  to  health.  The air carrier personnel  shall  consult with  the
passenger who wishes  to disembark and  determine whether it is  in  the  best
interest of the passenger to deplane.
A passenger shall have access to essential services such as adequate food
and  potable  water,  clean  and  safe  lavatory  facilities,  and  comfortable  cabin
ventilation.
See. 26. Right to Bring Action, Satisfaction, or Relief of a Wrong or
an Injury.  - Every passenger has a right, without fear of retribution,  to take
action against the air carrier for any wrong or injury caused to the passenger by
reason  of the  contract  of carriage  under  this  Act  and  applicable  treaties  or
conventions.
See. 27. Right to Immediate Payment of compensation. -A passenger
shall have the right to be compensated, promptly and expeditiously, in case of
flight   delay   or   cancellation,   death   or   injury,   and   loss   or   unreasonable
deterioration to one's baggage and property, as the case may be. Compensation
under this Act does not preclude the passengers from seeking redress in a court
for damage caused by any violation of the rights of the passenger as provided for
in this Act or in any other laws or treaties concerning air transportation.
An air carrier liable for any of the required compensation provided under
this Act  shall  make  the  same  available  to  the  affected  passenger at  the  air
carrier's  counter  at  the  airport  on  the  date  when  the  occasion  entitling  the
passenger to compensation occurred, or at the main ofrice or any branch of the
air carrier at the discretion of the passenger. The air carrier shall tender a check
or cash for the amount specified, or the document necessary. for claiming the
compensation herein stated.
If not paid within the prescribed period, the compensation granted in this
chapter  shall  earn  an  interest  computed  at  the  current  legal  rate  until  full
payment is reckoned from the time of the expiration of the said period, unless
the non-payment is prevented by a legal cause.
See. 28. Rights of a Passenger for Delayed Flights.  - Every passenger
has a right to be compensated for flights not flown within a reasonable time from


the ETD. The provisions of this section shall be the minimum entitlement of a
passenger in case of delay and shall not prohibit the air carrier from granting
more favorable conditions or recourse, as it may deem appropriate.
a.  Terminal Delay. In case the flight is delayed for at least two (2) hours
after the  ETD,  whether or not such is attributable to  the  carrier,  a
passenger shall have the right to:
Be notified via public announcement of the reason for the delay and
the new ETD as soon as this information becomes available;
ii.      Be provided immediately with a minimum level of care at terminals
and/or stations while waiting for the beginning or the continuation
of the delayed journey;
iii.      Be  offered,  free  of  charge:  (i)  sufficient  meals  and  refreshments
within a reasonable period covering the waiting time; (ii) free phone
calls, text messaging, and communications; (iii) free internet access;
and (iv) first aid, if necessary.
In applying this section, the operating air carrier shall pay particular
attention  to  the  needs  of  persons  with  reduced  mobility  and
facsimile,   electronic   mail,   and   other   means   of   any   person
accompanying them, as well as to the needs of children, pregnant
women, senior citizens, and PWDs.
iv.       Declare the cancellation of reservation and be entitled to refund or
rebooking in accordance with Sections 18 and 20 hereof; or ask for
endorsement to another carrier.
b. 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
the  ETD,  reckoned  from  the  closing  of the  aircraft  doors  or when  the
aircraft is still at the gate with the doors still open but passengers are not
allowed  to  deplane.   In  case  the  delay  exceeds  three  (3)  hours,  the
passenger may request disembarkation.
c.  Arrival Delay.  In  case  there is a delay in  the  aircraft's arrival at the
airport of destination for at least two (2) hours, the air carrier shall give
the affected passengers free food and beverages.


If the said delay is due to the air carrier's negligence, it shall be liable to
pay  damages  to  the  air  passenger  amounting  to  ten  thousand  pesos
(Plo,000) or the actual damages suffered, whichever is higher.
In the case of a multi-sector journey where the air carrier is at fault,  in
addition  to  the  rights  and  entitlements  stated  under  this  section,  a
passenger shall be entitled to additional compensation at a rate which is
equivalent to at least the value of the sector cancelled by the reason of the
delay: Provided, That in case of connecting flights with other carrier/ s, the
passenger has allotted sufficient connecting time of at least three (3) hours
for intemational flights and two  (2)  hours for domestic flights:  Provided
further, That the passenger shall not be entitled to the compensation of
the value of the sector deemed cancelled, if the passenger is endorsed to
another carrier and the passenger is able to complete the journey.
See. 29. Rights of a Passenger for Cancened Flights or Flights Deemed
Cancelled.  -  A  passenger  has  a  right  to  compensation  in  cases  of  flight
cancellation subject to the following rules:
a. If a flight is cancelled due to a cause attributable to the air carrier, a
passenger shall have the right to:
i.      Be notified of the situation beforehand or as soon as possible via
public  announcement,  written  or  published  notice,  and  flight
status update  service either through  short message  service  or
electronic mail;
ii.      Be  provided  immediately  with  a  minimum  level  of  care   at
terminals and/ or stations;
iii.      Be offered free of charge:
1.  sufficient meals and refreshments within a reasonable period
covering the waiting time;
2.  hotel accommodation near the airport in cases where a stay
ol- one  or  more  nights  becomes  necessary,  or where  a  stay
additional   to   that   intended   by   the   passenger   becomes
necessary;
3.  transportation  service  between  the  airport and  the  place  of
accommodation;
4.  free phone calls, text messaging, facsimile, electronic mail, or


other means of communication;
5.  free internet access; and
6.  first aid, if necessary.
In  applying  this  section,  the  operating  air  carrier  shall  pay  particular
attention  to  the  needs  of  persons  with  reduced  mobility  and  any  person
accompanying them, as well as to the needs of children, pregnant women, senior
citizens, and PWDs;
b.  Be reimbursed within rive  (5) days, either in cash, by electronic bank
transfer, bank orders, or bank cheques or, with the signed agreement of
the passenger, in travel vouchers and/or the services, of the full cost of
the ticket at the price at which it was bought, for the part or parts of the
journey not made and for the part or parts already made if the flight is no
longer serving any purpose in relation to the passenger's original travel
plan,  together with,  when  relevant,  a return  flight  to  the  first point  of
departure, at the earliest opportunity, subject to the provisions of Sections
10  and   19  hereof.  If  the  payment  is  made  through  credit  card,  the
reimbursement should be credited back to the payor's credit card account
within seven (7) days without additional costs to the passenger;
c. Be endorsed to another air carrier without paying any fare difference, at
the   option   of  the   passenger,   and   provided   that   space   and   other
circumstances permit such re-accommodation; or
d. Rebook the ticket without any additional charge.
i.      In the case ofa multi-sectorjoumey, in addition to the rights and
entitlements  stated  under  this  section,  a  passenger  shall  be
entitled to additional compensation at a rate which is equivalent
to at least the value of the sector cancelled by the air carrier.
ii.      In case the air carrier cancels the flight because offorce majeure,
safety  and/or  security  reasons  as  certified  by  the  CAAP,  a
passenger shall have the right to:
1.  Rebook  the  flight  to  another  future  flight,  subject  to  the
payment of the fare difference, if any;
2. Reimburse the value of the fare;
3. Be endorsed to another airline, 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 air carrier from granting more favorable
conditions or resources as it may deem appropriate.
See. 30. Rights of a Passenger Denied Efoarding. - A passenger who has
checked-in for a particular flight cannot be denied boarding the aircraft except
for legal or other valid causes such as immigration issues, safety, security and
health concerns.
In case a passenger is denied boarding because the number of volunteers
is not due to overbooking, government requisition of space, downgrading of an
aircraft or legal orders, the flight in respect to the affected passenger shall be
deemed cancelled and the compensation shall be governed by the following rules:
a.  If the denial of boarding the aircraft is by reason of overbooking or aircraft
downgrading,   the   passenger   concerned   shall   be   compensated   in
accordance with the provisions of Section 29(a) hereof;
b.  If the denial of boarding the aircraft is for some legal or justifiable reason
relating  to   the  security  or  safety  of  other  passengers  or  applicable
regulations sanctioned by the CAAP or legal order of the authorities, the
passenger   concerned   shall   be   entitled   to   a   refund,   rebooking   or
endorsement to another carrier subject to the payment of fare difference
or any administrative charges when applicable;
c.  If the denial of boarding the aircraft is due to government requisition of
space, the affected passenger shall be compensated and shall be entitled
to  the  remedies  in  the  preceding  paragraph  with  the  cost  chargeable
against the air carrier subject to reimbursement by the requesting agency
if allowed; and
d.  In case a passenger is denied boarding for acting in violation of a law or
the contract of air carriage affecting the  safety and  security of another
passenger or crew during the voyage, such passenger shall not be entitled
to any relief provided under this Act. Provided, That no passenger shall be
denied  boarding for two  (2)  consecutive  times on  the  same  day,  except
when public safety, order, health or moral requires: Provided further, That
PWDs, persons with special needs, senior citizens, pregnant women and
children shall be given preference against denied boarding.


See. 31. Filling-Up of Empty Seats. -Vacant seats due to cancellations
by passengers  and  no  shows  shall  be  offered  by  the  air carrier,  first  to  the
passengers of delayed or cancelled flights of the same air carrier or of another
carrier, through endorsement between the two (2) air carriers.  If there are still
empty seats remaining, it shall then be offered to the chance passengers.
See. 32. 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:
a.  For international flights, twenty dollars (USD 20) per kilogram for checked-
in baggage and four hundred dollars (USD 400) for hand-carried baggage.
b.  For  domestic  flights,  the  equivalent  amount  in  pesos  shall  apply.  A
passenger's baggage is presumed lost if, within a period of seven (7) 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 pemianently lost in the 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 limit is 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 infomi the passenger concerned at the
soonest practicable time and in such manner that the passenger shall readily
know  that  the  baggage  has  been  off-loaded  and  the  reason  thereof.  If  the
passenger's  baggage  has  been  off-loaded,   the  air  carrier  shall  make  the
appropriate report and give the passenger a copy thereof, notwithstanding the
announcement that the baggage shall be loaded on the next flight. The air carrier
shall cany the off-loaded baggage in the next flight with available space, deliver
the same to the passenger either personally or at the passenger's residence and
tender an amount of one thousand pesos(P1,000.00) 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 the 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.
Damaged baggage shall be compensated at one hundred pesos (P 100.00)
per kilogram if it is on a domestic flight unless the passenger has declared a
higher valuation of the baggage at check-in time. For intemational flights, rates
in item (a) under this paragraph shall apply.
See. 33. Compensation for Death and Bodily Injuries. -
a.  In the case of intemational flights,  the rules of the relevant convention
shall apply as to compensation for death or bodily injuries sustained by a
passenger in the contract of carriage;
b.  In  the  case  of domestic  flights,  the  passenger  shall  be  entitled  to  the
compensation subject to the provision of the contract of carriage or the
compensation as provided in the provision of the relevant convention, in
its Philippine currency equivalent, whichever is higher.
See. 34. Compensation for Violation of Airline Passenger Rights. -In
case the air carrier violates the rights of air passengers, the former shall pay the
latter   damages   amounting   to   at   least   fifty   thousand   pesos   (P50,OOO.00),
exclusive of other damages or injury the air passenger has suffered.
C-ERIV
RIGHTS, DUTIES AND OBLIGATIONS OF THE AIR CARRIERS
See.  35.  Prevention  of Harm  to  Passengers  and  Maintenance  of
Aircrafts.  - An  air carrier  shall prevent  harm  and  haeard  to  passengers  by
adhering to all regulations on the airworthiness of the aircraft, complying with
rules  on  hazardous  materials,  protecting  the  passengers  from  unreasonable
harm, and actively responding to harm caused by aircraft structure, materials
and chemicals.
See. 36. Designation of an "All-Flight" or "Per Route" Counters.  - 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 counter dedicated to a flight nearing check-
in deadline to facilitate the check-in of passengers at least an hour before the
published ETD.


See.  37.  Special  Accommodation  of  PWDs,  Persons  with  Special
Needs, Senior Citizens, Pregnant Women and Children. - To ensure the full
enjoyment  of  the  rights  enumerated  under  this  Act,  the  provisions  of  the
following laws  and  their implementing rules  and  regulations  shall,  whenever
applicable,  fomi part of this Act as far as  the  passengers in  this  section  are
concerned:
a.  Batas Pambansa Big. 344;
b.  Republic Act No. 7277, or the "Magma Carta for Disabled Persons", as
amended by Republic Act No. 9442 and Republic Act No.  10754; and
c.   Republic Act  No.  7432,  as  amended  by  Republic  Act  No.  9257  and
Republic Act No. 9994 or the Expanded Senior Citizens Act.
The contract of air carriage shall clearly enumerate the necessary terms
and conditions affecting the rights of PWDs, persons with special needs, senior
citizens,   pregnant   women   and   children.   Air   carriers   and   its   agents,   in
coordination with the agencies charged with protecting the rights and welfare of
the  above-mentioned  passengers,  shall  implement  a  system  allowing  these
groups of people ample and convenient opportunities to comply with aviation
requirements and their special needs, facilities and assistance by reason of their
individual circumstances  throughout the flight.  For this purpose,  air carriers
shall designate at least one (1) check-in counter dedicated to PWDs, persons with
special needs, senior citizens, pregnant women and children.
See.  38.  Responsibility  of  the  Air  Carrier  When  the  Number  of
Passengers is Beyond the Capacity of the Aircraft.  - If a certain flight has
more ticketed passengers than the allowed capacity of the aircraft by reason of
overbooking, 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 perform the following:
a.  Determine the number of passengers in excess of the actual seat capacity
of the aircraft;
b.  Announce that the flight is overbooked and that it is looking for volunteers
willing to give up their seats in exchange for air carrier compensation;


c.  Provide the interested passenger/s or volunteer/s 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
d.  In cases where the number of volunteers is not enough,  the air carrier
shall increase the compensation package by a certain degree by adding
more amenities/ services until the number of required volunteers are met.
No flight shall be delayed pursuant to the settlement of the air carrier's
obligation under this section.
See. 39. Duty of the Carrier in the Eivent of Flight Deviation. - In case
of flight deviation, the air carrier shall provide the necessary transportation to
ferry a passenger from the originally designated airport of departure to the actual
airport of departure or from the airport of actual destination to the airport of
originally  designated  destination,  as  the  case  may  be.  If,  by  reason  of  the
deviation, a certain right of a passenger is violated, the applicable provision of
this Act shall govern the availment and grant of remedies and compensation.
See.  40.  Provision  of Assistance  Desk.  -  Air  carriers  shall  provide
Customer Service Representatives (CSR) who can address common problems in
situ,  which  include  arranging  for  meals  and/or  hotel  accommodation  for
stranded   passengers,   writing   checks   for   denied   boarding   compensation,
resolving baggage issues,  and  settling other routine claims  or complaints.  In
addition, the CAB shall provide for Complaints and Assistance Desks manned
by CAB or CAB-deputized personnel in all airports, who shall assist passengers
whose rights have been violated, including the filing of complaints.
See. 41.  Remedies of the Passengers.  - Every passenger whose rights
provided  in  this  Act  have  been  violated  shall  have  the  remedies  as  may  be
respectively set by the CAB under the rules and regulations to be promulgated
to effectively carry out the proper implementation of this Act, including, but not
limited to  (i) assistance in fling, processing and documenting complaint/s;  (ii)
negotiating for a resolution acceptable  to the affected passengers and the air
carrier; and (iii) elevation of complaint/ s to appropriate authorities.
See. 42. Operational Space.  - 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.


See.  43.  Immediate  Reporting of Off-Loaded Checked Baggage.  - In
case a checked baggage has been off-loaded for operational, safety or security
reasons,  the  air carrier shall inform  the  passenger concerned at the  soonest
practicable time and in such manner that the passenger shall readily know that
the baggage has been off-loaded and the reason thereof.  Subsequently, the air
carrier shall make the appropriate report and give the passenger a copy thereof,
notwithstanding the announcement that the baggage shall be loaded on the next
flight.
CRAPTER V
OBLIGATIONS OF THE CAAP, CAB, AND AIRPORT OPERATORS
See.   44.   Availability  of  Check-in  Counters.   -  The  CAAP,   airport
authorities or airport operators, as the case may be, shall provide an adequate
number  of check-in  counters  for  every  air  carrier  operating  in  a  particular
airport. They shall ensure that the number of check-in counters of an air carrier
in a particular airport shall be proportionate to the volume of passengers who
are checking-in for a particular flight. In no case shall the queue exceed twenty
(20) persons per check-in counter.
See. 45. Assignment of Technical Personnel in Airports.  - The CIAAP
shall ensure that every commercial airport is manned by technical personnel
capable of verifying and certifying reports of technical or infrastructure problems
or other reasons leading to delays and cancellations. The technical personnel
concerned shall submit a periodic report of all delays and cancellations and the
corresponding reasons thereof to the CAAP Central Office.
See.   46.  Complaint  Desk.   -  The  CAB  shall  provide  the  necessary
personnel to cater to unresolved complaints of passengers in every commercial
airport. It shall be the duty of the assigned personnel to report all complaints to
the CAB at the earliest time possible, taking into account the nature of the relief
sought by the passenger.
cmITER VI
REMEDIES AND GRIEVANCE PROCEDURES
See. 47. Amicable Settlement. - The passenger and the air carrier shall
exhaust all efforts towards  settling disputes amicably in accordance with  the
provisions  set  forth  in  this  Act.  If  no  amicable  settlement  is  reached,  the
government, through the CAB, may take cognizance of the case.


cHrmER rm
PENAL PROVISIONS
See.  48.  Penalties.  -  Any  violation  of  this  Act  shall  be  penalized  in
accordance with the pertinent provisions of Republic Act No. 776, or the " Civil
Aeronautics Act of the Philippines", as amended; Republic Act No. 7394, or the
"Consumer Act of the Philippines", as amended; Republic Act No. 9442; Batas
Pambansa Big. 344; and Republic Act No. 9994, as the case may be.
Failure on the part of the air carrier to comply with any of the obligations stated
in this Act, upon the order of the CAB shall, after due hearing, be a ground for
suspension of its franchise or license to operate.
Grave  and repetitive  violations after the  lifting of the  suspension  of its
franchise or license to operate shall be a ground for revocation of such franchise
or license to operate.
See.   49.  Review  of  Penalties.   -  The  CAB,  in  coordination  and  in
consultation with the DOTr, Department of Trade and Industry (DTI), and CAAP
shall, after three (3) years from the effectivity of this Act and every three (3) years
thereafter,  review the applicability and enforcement of all foregoing pecuniary
penalties and initiate actions for amending or upgrading the same as may be
necessary in accordance with law.
cmITER vlll
FINAL PROVISIONS
See. 50. Report to Congress. - The DOTr, in coordination with the DTI,
CAAP, CAB, airport operators and air carriers, shall submit to Congress, either
in printed fomi or by way of electronic document, an annual report on the status
of implementation  of this Act.  The  information  contained  in  the  report  shall
include, but not be limited to:
a.  complaints filed by passengers;
b.  all pertinent information on managed and resolved complaints by the DTI,
CAAP, CAB, airport operators and air carriers.
The  Secretary of Transportation and the Agency's web administrator or
equivalent shall be responsible for ensuring that said reports are posted on the
Agency' s official website.


See.   51.   Appropriations.   -   The   Secretary   of  Transportation   and
Communications  shall immediately include  in  the  Department's  program  the
needed operational requirement in upholding the enumerated rights in this Act,
the initial funding of which shall be charged against the current appropriations
for  the  CAB.  Thereafter,  such  sums  as  may  be  necessary  for  the  continued
implementation   of   this   Act   shall   be   included   in   the   annual   General
Appropriations Act.
See. 52. Implementing Rules and Reguhtions |IRR|. - Within sixty (60)
days  from  the  effectivity of this Act,  the  CAB  shall,  in  coordination  with  the
DOTC,   DTI  and   CAAP,   and   after  consultation  with   accredited   passenger
organizations, air carriers, and other directly affected stakeholders, promulgate
the necessary IRR to effectively implement the provisions of this Act.
See. 53. Separability clause. - If for any reason, any provision of this Act
is  declared  unconstitutional  or  invalid,  such  parts  or  portions  not  affected
thereby shall remain in full force and effect.
See.  54.  Repealing  Cause.  -  All  laws,  executive  orders,  presidential
decrees, issuances, rules and regulations or parts thereof inconsistent with the
provision of this Act are hereby repealed or modified accordingly.
See. 55. Effectivity. -This Act shall take effect fifteen (15) days following
its publication in the Official Gazette or at least two (2) newspapers of general
circulation in the Philippines.
Appro,)ed,