THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
~~ 
-3 $ 3 3 9  
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Philippine government pursues the development and utilization of om air potential, 
and the development of an air transportation system properly adapted to the present and future of 
foreign and domestic commerce. Accordingly, the government recognizes the ne 
promote safety of flight in air commerce of the Philippines; and (2) determine the 
liability of those concerned in cases of accidents. 
Republic Act No. 776 or “The Civil Aeronautics Act of the Philippines,” as amended, 
provides for, among other things, the investigation of accidents involving aircraft and penalizes 
anyone who operates civil aircraft in violation of rules, regulations, or orders relating to 
aeronautical safety standards, practices, or procedures. 
However, it does not provide a system for determining liability and damages for 
compensating individuals injured in general aviation accidents. 
Accordingly, this Act seeks to establish standards for determining liability for harm 
arising out of general aviation accidents. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHLPPINES 
1 
fig -3 P 3 3 9  
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDING FOR W O R M  STANDARDS OF LIABILITY 
FOR HARM ARISING OUT OF GENERAL AVIATION ACCIDENTS 
Be it enacted by the 
.- Senate 
. 
and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Short Title. - This Act shall be known as the “General Aviation Accident 
Liability Standards Act.” 
SECTION 2. Declaration of Policy. - The State, in its pursuit of the development and 
utilization of the air potential and the development of an air transportation syste 
properly 
adapted to the present and future of foreign and domestic commerce in the P ilippines, 
recognizes the need to: 
\ 
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(1) promote safety of flight in air commerce of the Philippines; and 
(2) determine the corresponding liability of those concerned in cases of accidents. 
SECTION 3. De$nition of Terms. -For purposes of this Act, the terms: 
(1) “Administrator” means the Administrator of the Air Transportation Office; 
(2) “Claimant” means any person who brings a general aviation accident liability 
action subject to this Act, and any person on whose behalf such an action is brought, including: 
(A) the claimant’s decedent; and 
(B) the claimant’s parent or guardian, if the action is brought through or on 
behalf of a minor or incompetent; 
(3) “General Aviation Accident” means any accident which arises out of the 
operation of any 
~. . general axiation aircraft and which results in harm; 


, .  . 
. 
(A)property damage or bodily injury sustained by a person; 
(B) death resulting from such bodily injury; 
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(2) any occupmt of a general aviation aircraft at the time of a gener 1 aviation 
accident, and any person who brings an action for harm caused by such accident on 4 behalf 
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of 
such occupant; and 
(3) any non-occupant of a general aviation aircraft at the time of a general 
aviation accident, only if such non-occupant is bringing an action for harm caused by such 
accident which arises out of the harm to an occupant of such aircraft at the time of such accident. 
SECTION 5. Uniform Standards of Liability for General Aviation Accidents. - 
(1) Any person claiming damages for harm arising out of a general aviation 
accident may bring an action against a party and may recover damages from such party, if such 
party was negligent and such negligence is a proximate cause of the claimant’s harm. 
(2) Any person claiming damages for harm arising out of a general aviation 
accident may bring an action against a general aviation manufacturer of a product and may 
recover damages from such general aviation manufacturer if - 
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.- 
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(A) the product, when it left the control of the manufacturer, was in a 
defective condition unreasonably dangerous for its intended purpose, according to 
engineering and manufacturing practices which were reasonably feasible; 
(B) the defective condition is a proximate cause of the claimant’s harm; 
(C) the general aviation aircraft was being used at the time of th accident 
for a purpose and in a manner for which it was designed and mauufactur d. 
(3) Any person claiming damages for harm arising out of a general aviation 
accident may bring an action against a general aviation manufacturer of a product and may 
recover damages from such general aviation manufacturer if - 
1 
and 
(A)at the time the product left the control of the manufacturer, the 
manufacturer - 
(i) knew, or in the exercise of reasonable care should have known, 
about a danger connected with the product that caused the claimant’s ham; 
and 


(ii) failed to provide the warnings or instructions that a person 
exercising reasonable care would have provided with respect to the danger 
which caused the harm alleged by the claimant, unless such w 
instructions, if provided, would not have materially affected the onduct of 
the user of the product; or 
(B) after the product left the control of the general aviation manufacturer; 
I,., 
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the manufacturer - 
(i) knew, or in the exercise of reasonable care should have Gown, 
about the danger which caused the claimant’s harm; and 
(ii) failed to take reasonable steps to provide warnings or 
instructions, aRer the manufacture of the product, which would have been 
provided by a person exercising reasonable care, unless such warnings or 
instructions, if provided, would not have materially affected the conduct of 
the product user; and the failure to provide warnings or instructions 
described in subparagraph (A) or (€3) 
of this paragraph is a proximate 
cause of the claimant’s harm. 
(4) Any p_erson claiming damages for harm arising out of general aviation 
accident may bring an action against a general aviation manufacturer of a product and may 
recover damages from such general aviation manufacturer if - 
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-. - 
(A) the manufacturer made an express warranty with respect to the product; 
(B) such warranty relates to that aspect of the product which caused the 
@)the failure of the product to conform to such warranty is a roximate 
(C) the product failed to conform to such warranty; and 
1 ,  
harm; 
cause of the claimant’s ham. 
(5) In an action governed by subsection (2) of this section, a general aviation 
manufacturer shall not be liable if such manufacturer proves, by a preponderance of evidence, 
that - 


aviation manufacturer. 
(6) In any action governed by subsection (2) of this section, ev 
SECTION 6. Comparative Responsibility. - 
(1) All actions for harm arising out of a general aviation accident shall be 
governed by the principles of comparative responsibility. Comparative responsibility attributed 
to the claimant’s conduct shall not bar recovery in an action under this Act, but shall reduce any 
damages awarded to the claimant in an amount proportionate to the responsibility of the claimant. 
The trier of fact shall determine comparative responsibility by making findings indicating the 
percentage of total responsibility for the claimant’s harm attributable to the claimant, each 
defendant, each third party defendant, and any other person not a party to the action. 
-. (2) Except-as provided in subsection (3) of this section, a defendant is severally, 
but not jointly liable in any action for harm arising out of a general aviation accident, and the 
li$bility of any defendant in any such action shall be determined on the basis of such defendant’s 
proportionate share of responsibility for the claimant’s harm. 
(3) In any action for harm arising out of a general aviation accident - 
(A) a general aviation manufacturer who is the builder or manu acturer of 
the airframe of the general aviation aircraft involved is jointly and seve lly liable 
for harm caused by a defective system, component, subassembly or ot 1 
er part of 
such aircraft that the manufacturer installed or certified as part of the original type 
design for such aircraft; and 
dence of 


(B) a general aviation manufacturer who is the manufacturer of a system 
or component of a general aviation aircraft involved is jointly and severally liable 
for damages caused by a defective subassembly or other part of such system or 
component. 
(4) A general aviation manufacturer and any other pcrson jointly liable under 
subsection (3) of this section shall have the right to bring an action for indemnity or contribution 
against any person with whom they are jointly liable under subsection (3) of this section. 
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(1) Except as provided in subsection (2) of this section, no civil actio for harm 
arising out of a general aviation accident which is brought against a general aviation 
manufacmer may be brought for harm which is alleged to have been caused by an aircraft or a 
system, component, subassembly, or other part of an aircraft and which occurs more than - 
I 
SECTION 7. Time limitation on Liability. - 
(A)twenty (20) years from - 
(i) the date of delivery of the aircraft to its first purchaser or lessee, 
if delivered directly form the manufacturer; or 
(ii) the date of first delivery of the aircrafl to a person engaged in 
the business of selling or leasing such an aircraft; or 
@)with respect to any system, component, subassembly, or other part 
which replaced another product in, or which was added to, the aircraft, and which 
is alleged to have caused the claimant’s harm, twenty (20) years from the date of 
the replacement or addition. 
--(2) SubseSTon (1) of this section does not apply in the case of harm to a claimant 
which occurs after the period set forth in subsection (1) of this section if the general aviation 
manufacturer or the seller of the product that caused the claimant’s harm gave an express 
warranty that the product would be suitable, for the purpose for which it was intended, for a 
longer period of time. 
(3) Nothing in this section shall be construed to affect a person’s duty t provide, 
after the sale or lease of an aircraft, to aircraft owners, and to repair facilities to whic a license i 


or c ertificate to p erform repairs has b een i ssued b y the Administrator, additional or modified 
warnings or instructions regarding the use or maintenance of such aircraft or any system, 
component, or other part of such aircraft. 
SECTION 8. Subsequent Remedial Measures. - In any general aviation accident liability 
action governed by this - Act, evidence of any measure taken after an event which, if taken 
previously, would have made the event less likely to occur is not admissible to provide liability. 
Such evidence is admissible to the extent permitted under the Rules of Evidence. 
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SECTION 9. Admissibility of Certain Evidence. - In an action governed by this Act, 
eyidence o f n ational or local income tax 1 iability, or any S ocial S ecurity or other 
liability attributable to past or future earnings, support, or profits and the present 
earnings, support or profits alleged to have been lost or diminished because of 
of a general aviation accident is admissible regarding proof of the claimant’s harm. 
SECTION 10. Punitive Damages. - (1) Punitive damages may be awarded in an action 
under this Act for harm arising out of a general aviation accident only if the claimant establishes 
by clear and convincing evidence that the harm suffered was the direct result of conduct 
manifesting a conscious, flagrant indifference to the safety of those persons who might be 
harmed by use of the general aviation aircraft involved. 
(2) Evidence regarding the financial worth of a defendant or the defendant’s 
profits or any other evidence relating solely to a claim for punitive damages under this Act is not 
admissible unless the claimant establishes, before any such evidence is offered, that the claimant 
can present evidence that will establish prima facie proof of conduct manifesting a conscious, 
flagrant indifference to the safety of those persons who might be harmed by use of the general 
aviation air&& 
involved. 
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(3) In any civil action in which the alleged harm to the claimant is death and the 
applicable law provides, or has been construed to provide, for damages only punitive in nature, a 
defendant may be liable for any such damages pursuant to the provisions of this Act regardless of 


whether a claim is asserted under this section. The recovery of any such damage shall not bar a 
claim under this section. 
SECTION 11. Time Limitation on Bringing Actions. - (1) Any action for harm arising out 
of a general aviation accident shall be barred, notwithstanding any law, unless - 
(A) the complaint is filed within two years after the date on which the accident 
occurred which caused the claimant’s harm; and 
(B) the summons and complaint are properly served upon the defendant within 
one hgp@ed and twenty (120) days after the filing of such complaint, unless the party on 
whose behalf such service is required can show good cause why such service was not 
made within such one hundred and twenty (120) day period. 
Paragraph 2 of this subsection shall not apply to service of process in a foreign 
country. 
I 
SECTION 12. Penalties. - Any manufacturer, owner, or operator of any gener 1 aviation 
aircraft, and any person who repairs, maintains, or provides any other support for su t h aircraft 
found to be liable in this Act, shall be punished by a fine of not less than Five Thousand Pesos 
(P5,OOO.OO) and not more than One Hundred Thousand Pesos (PlOO,OOO.OO) in case of death or 
disability, or by imprisonment for not more than one (1) year or both, in the discretion of the 
Court; and in case of property damage, by a fine proportionate to the damage on the property or 
by imprisonment for not more than one (1) year or both, in the discretion of the Court; Provided, 
that if the Penal Code has a more appropriate penalty or penalties, its applicable provisions shall 
be imposed instead of the ones specified in this Act. 
SECTION 13. Separability Clause. - If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
I. 


SECTION 14. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
SECTION 15. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved.