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Republic of the Philippines nate 0 JUN 2016
HOUSE OF REPRESENTATIVES

Quezon City, Metro Manila TIME: a

SEVENTEENTH CONGRESS ey)
First Regular Sesion pepisTReTION una
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House Bill No.”

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay— Villar

EXPLANATORY NOTE

Early this year, we have been hearing news about the “tanim-bala” controversy in our
airports allegedly perpetrated by airport officials in connivance with some members of our
law enforcement officers. The modus allegedly involves unscrupulous airport personnel
surreptitiously planting ammunition inside the handbags or luggage of airport passengers and
then upon inspection and arrest will be extorted for money for their release or the dropping of
their case, It has been reported that this scheme has been going on for the past 3 years. Just
this year, almost 1, 400 ammunition-related security cases in airports have been recorded by
our transport officials. To make matters worse, most of the victims are overseas Filipino
workers (OFWs) like 56 year old Gloria Ortinez, a nanny employed in Hong Kong who was
arrested at the Ninoy Aquino International Airport (NAIA) last October 25, 2015 after two
policemen claimed to have found a live bullet inside her bag. After 3 days, the case was
eventually dropped against Ortinez due to lack of probable cause. However, Ortinez lost her
Job after she failed to return to Hong Kong on time after falling victim to the bullet-planting
racket at the Manila Airport. Fortunately, her employer reconsidered the decision to
discontinue Ortinez’ services upon learning about the “tanim-bala” incident.

Consequently, Congress, both in the Senate and at the House of Representatives, has
filed several resolutions calling for the investigation, in aid of legislation, of these allegations.
This is expected as these revelations have great impact not only in our tourism industry, but
more importantly in the welfare of our overseas workers.

Aside from the said resolutions, there were also bills filed in the House of
Representatives. This bill, based on House Bill No. 6260 filed by Rep. Mark A. Villar last
16" Congress, with some changes on the functions and duties of the Passenger Protection
Office, seeks to address this “tanim-bala” problem and other passenger rights violation
incidents by establishing a passenger protection office (PPOs) in all major airports in the
Philippines. These PPOs shall be composed of a public prosecutor from the Department of
Justice, and 2 public attorneys from the Public Attorneys’ Office who are tasked to provide
mediate and adequate legal assistance to passengers in all major airports. Furthermore, the
proposed bill provides for the establishment of an Overseas Filipino Workers’ Assistance
Desk in all major airports which shall provide assistance to our OFWs should their
circumstances be under those which the PPOs have coverage.

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‘The government has always been consistent in stressing the important contribution of
our overseas workers in our modem society and we have always prioritized their proper
recognition for their invaluable sacrifice for their families in particular, and for our entire
nation in general. The least we can do is to allow them to safely return to their families,
unburdened by fear of apprehension and extortion from these “tanim-bala” mercenaries by
enacting laws which can adequately address these issues.

komtns it. Uathin
EMMELINE Y. AGLIPAY - VILLAR,
Representative, DIWA Party-list

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay —

AN ACT ESTABLISHING THE PASSENGER
PROTECTION OFFICE INALL MAJOR AIRPORTS IN
‘THE PHILIPPINES

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Short Title. -This Act shall be known as the "Passenger
Protection Office Act,

SECTION 2. Declaration of Policy. - Consistent with the Government's prime
duty to serve and protect the people, to maintain peace and order, to protect life, liberty
and property; to promote general welfare, to ensure due process, 10 provide free access
to adequate legal assistance, and to give speedy disposition of cases, the State
recognizes that means that assure proper application of due process can be applied to
protect tourists and Filipinos from unlawful schemes.

SECTION 3. Coverage - This Act shall cover all major airports. Major
airports, as defined in this Act, shall be the top ten (10) busiest international and
domestic aizpors in the Philippines, as provided by the Civil Aviation Authority of the
Philippines, namely:

(a) Ninoy Aquino International Airport;
(b)  Mactan-Cebu International Airport;
(©) Francisco Bangoy International /
(a) Iloilo International Airport;

(© Kalibo international Airport;

()— Lumbia Airport;

(g)  Bacolod-Silay International Airport;
(h) Puerto Princesa International Airport;
@ Clark International Airport; and

@ Daniel Z, Romualdez Airport.

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SECTION 5. Creation of Passenger Protection Office. - There shall be
established a Passenger Protection Office (PPO), composed of one (1) Public
Prosecutor, and two (2) Public Attorneys in all major airports.

SECTION 6. The Department of Jiistice shall appoint a public prosecutor and
staff necessary for the operation of the Oifice, and the Public Attorney's Office shall
likewise designate the public attorneys, subject to the civil service iaws, rules and

regulations.

SECTION 7. Functions of the Passenger Protection Office. The Passenger
Protection Office shall have the following functions:

(a)

(b)

©)

The Passenger Protection Office shall endcvor to efficiently,
speedily, and expeditiously resolve the matters brought to it;

The Passenger Protection Office shall have jurisdiction over
incidents, conflicts, occurrences, acts, or events that has
happened within the major airport involvirg or affecting
passenger's rights; and

The Passenger Protection Office shall have jurisdiction when a
passenger is brought in or detained in the Passenger Protection
Office for questioning in connection to an alleged unlawful act
committed,

SECTION 8. Duties of the Passenger Protection Office. - The members
of the Passenger Protection Office shall havethe following duties:

(a)

(b)

©

(d)

(e)

The Public Attorneys shall render legal assistance to the
passengers in all major airports;

The public prosecutor shall conduct a brief, speedy investigation
when there is an incident, conflict, occurrence, act, or event
involving or affecting passenger's legal rights and the passenger
is detained:

The public prosecutor shall conduct a brief, speedy inquest
proceeding when a passenger is brought in or detained in the
Passenger Protection Office for questioning in connection to an
alleged unlawful act committed;

The Public Attorneys shall assist the passenger throughout the
conduct of the investigation or the inquest proceeding; and

The public prosecutor shall undertake to resolve the investigation
or the inquest proceeding within the day, unless the
circumstances warrant otherwise, or further proceedings are
necessary

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SECTION 9. Overseas Filipino Workers Assistance Desk. - There shall be
established in all major airports, an overseas Filipino Workers Assistance Desk with
the objective of providing assistance to Overseas Filipino Workers, should their
circumstances be under those which the Passenger Protection Office has coverage

SECTION 10. The Philippine Overseas Employment Agency, in partnership
with the Local Government Unit wherein the major airport is located, shall assign two
(2) Overseas Filipino Workers Assistance Desk staff, who shall have expertise on
Overseas Filipino Workers! rights

SECTION 11. Issuance of Implementing Rules and Regulations. - Within
ninety

(90) days from the approval of this Act, the Department of Justice in consultation with

appropriate agencies, shall promulgate the rules and regulations to implement the

provisions of this Act. Such rules and regulations shall take effect fifteen (15) days

after its publication in a newspaper of general circulation.

SECTION 12. Appropriations. - The amount necessary for the initial
implementation of this Act shall be charged to the current appropriations of the
Department of Justice. Thereafter, such sum as may be necessary for its continued
implementation shall be included in the annual General Appropriations Act

SECTION 13. Separability Clause. - If any law or provision or part hereof is
held

invalid or unconstitutional, the remainder of the provision not otherwise affected shall
remain valid and subsisting.

SECTION 14. Repealing Clause. - Any other provisions of law or rules and
regulations inconsistent with the provisions of this Act are hereby repealed, amended
or modified accordingly

SECTION 15. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in at least two (2) newspapers
of general circulation, whichever comes earlier.

Approved,

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