Republic of the Philippines 
House of Representatives 
Quezon City 
EIGHTEENTH CONGRESS 
Second Regular Session 
House Bill No. _____________ 
Introduced by REPRESENTATIVE ERIC L. OLIVAREZ 
EXPLANATORY NOTE 
Air travel is a common method of transportation in the country. Filipinos 
1 
have utilized this method of transportation both domestically and 
2 
internationally. Noteworthy is the fact that in recent times, the emergence of 
3 
promotional fares came into play which significantly increased the volume of 
4 
passengers of air carriers.  
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6 
Considering the great number of air passengers it is only necessary 
7 
that they are granted rights upon entering a contract of air carriage. It cannot 
8 
be denied that passengers experience different unexpected situations in 
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their respective contracts of air carriage. From flight delays to cancellations, 
10 
overbooking, baggage problems and even untoward experiences from air 
11 
carriers’ crew.  
12 
13 
It must be emphasized that common carriers which include air crafts 
14 
are mandated by law to exercise extraordinary diligence. A common carrier 
15 
is bound to carry the passengers safely as far as human care and foresight 
16 
can provide using the utmost diligence of very cautions persons with due 
17 
regard for all circumstances. This extraordinary diligence required of 
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common carriers is calculated to protect the passengers from the tragic 
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June 15, 2021
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mishaps that frequently occur in connection with rapid modern 
1 
transportation. This high standard of care is imperatively demanded by the 
2 
precariousness of human life and by the consideration that every person 
3 
must in every way be safeguarded against all injury.1 
4 
5 
This Bill is intended to promote the rights of passengers in order for 
6 
each passenger to have a satisfactory experience in dealing with air carriers. 
7 
Likewise, it is also one of the objectives of this Bill to improve overall the 
8 
services rendered by each airline industry. It is about time to have 
9 
passengers share good stories about their air transport experiences rather 
10 
than the usual and repetitive unsatisfactory narratives that is usually heard 
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around.  
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In view of the foregoing, the passage of this Bill is earnestly sought. 
14 
ERIC L. OLIVAREZ 
1Isaac v. A.L. Transportation. G.R. No. L-9671. Dated 23 August 1957 


Republic of the Philippines 
House of Representatives 
Quezon City 
EIGHTEENTH CONGRESS 
Second Regular Session 
House Bill No. _____________ 
Introduced by REPRESENTATIVE ERIC L. OLIVAREZ 
1 
“ AN ACT PROVIDING FOR THE PROTECTION OF THE RIGHTS OF AIRLINE 
2 
PASSENGERS AND PENALIZING VIOLATIONS THEREOF” 
3 
4 
Be it enacted by the Senate and House of Representatives of the Philippines in 
5 
Congress assembled:  
6 
SECTION 1. Short Title. – This Act shall be known as the “Air Passengers’ Rights 
7 
Protection Act of 2021”.  
8 
SECTION 2. Declaration of Policy. – It shall be the policy of the State to promote 
9 
human rights and to provide for compensation to victims of violations of these rights, or 
10 
their families. Towards this end, the State shall create measures to ensure that human 
11 
rights of air passengers are respected and not violated by providing a Bill of Rights for air 
12 
passengers and penalties for violations thereto.  
13 
SECTION 3. Definition of Terms. – 
14 
a. Contract of Carriage is defined as one whereby a certain person or association
15 
of persons obligate themselves to transport persons, things, or news from one place to 
16 
another for a fixed price. 
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b. Extraordinary diligence is defined as the rendition of service with the greatest 
1 
skill and utmost foresight.  
2 
c. Passenger –  A passenger shall mean any person except the members of the 
3 
crew, carried or to be carried, on a civil aircraft pursuant to a ticket. 
4 
d. Tarmac Delay – A tarmac delay occurs when an airplane on the ground is either 
5 
awaiting takeoff or has just landed and passengers do not have the opportunity to get 
6 
off the plane.  
7 
e. Airworthiness – Airworthiness means that an aircraft, its engines, propellers, 
8 
and other components and accessories are of proper design and construction and are 
9 
safe for air navigation purposes such design and construction being consistent with 
10 
accepted engineering practice and in accordance with aerodynamic laws and aircraft 
11 
science. 
12 
SECTION 4. Scope. – This Act shall apply to contracts of carriage by air operating 
13 
to or from the territory of the Philippines whether operated by Philippine air carriers or 
14 
foreign carriers.  
15 
SECTION 5.  Perfection of the Contract of Air Carriage. – The contract of air 
16 
carriage is perfected from the moment the air carrier and the passenger give their 
17 
respective consent to the agreement.  
18 
There is consent when the air carrier issues a confirmation of airline ticket in favor 
19 
of the passenger who accepts and holds it in his possession with the corresponding full 
20 
payment of the fare by the passenger. 
21 
SECTION 6. Extraordinary Diligence of Air Carriers. – An air carrier is bound to 
22 
carry the passengers safely as far as human care and foresight can provide using the 
23 
utmost diligence of very cautious persons with due regard to all circumstances.  
24 
RIGHTS AND OBLIGATIONS OF THE PASSENGERS 
25 
SECTION 7. Right to Full Disclosure of Information regarding the Contract of 
26 
Carriage. –  Every passenger shall have the right to the full disclosure of the information 
27 
on the terms and conditions of any ticket for a contract of carriage to be purchased by an 
28 
air passenger. The information shall include, but shall not be limited to, the fare and 
29 
ancillary charges, travel restrictions, baggage limitations, check-in and boarding details, 
30 
responsibilities of the air carrier, procedure for claims against the air carrier, services and 
31 
amenities provided by the air carrier and other pertinent conditions included in the 
32 
contract of carriage.  
33 


The abovementioned disclosure of information shall be printed on or attached to 
1 
the passenger ticket or be incorporated by reference. For bookings made through a 
2 
ticketing office, the disclosures shall be provided by the agent in said office. For bookings 
3 
made online, the air carrier must establish a system wherein the purchaser is fully 
4 
apprised of the disclosures under this Section prior to the final submission of the 
5 
passenger’s offer to purchase.  
6 
Advertisements of fares shall be clear, truthful and shall not be misleading. 
7 
Advertisements of fares shall be required to include the conditions and restrictions 
8 
attached to the fare type, refund and rebooking policies, government taxes and fuel 
9 
surcharges, other fees and charges, contact details of the air carrier, the number of seats 
10 
offered on a per sector basis in case of promotional fares, and other information 
11 
necessary to apprise the passenger of the conditions and full price of the ticket being 
12 
advertised.  
13 
SECTION 8.  Right to Receive the Full Value of the Service Purchases. – 
14 
Passengers shall have the right to utilize the full value of the services that they have 
15 
purchased.  Air carriers are prohibited from denying or diminishing any service that has 
16 
been purchased by the passenger.  
17 
SECTION 9. Right to Rebook. – The right to rebook a flight shall be available to 
18 
any passenger who has purchased a rebookable ticket in accordance with the terms and 
19 
conditions set forth in the rebooking policy of the air carrier.  
20 
SECTION 10. Right to Refund. – The right to refund shall be available to any 
21 
passenger who has purchased a refundable ticket. Subject to the proper refunding 
22 
procedure as provided for by the air carrier concerned, passengers shall have the right to 
23 
refund any unused ticket within a reasonable amount of time. 
24 
SECTION 11. Right to Cancel a Flight. – The right to cancel a flight shall be 
25 
available to passengers subject to the following conditions:  
26 
For passengers who have purchased a refundable ticket, the passenger shall be 
27 
reimbursed by the air carrier for an amount equivalent to seventy-five (75) percent of the 
28 
fare, provided that the cancellation was made twenty-four (24) hours or more before the 
29 
date of departure.  In the event that the passenger cancels a flight less than twenty-four 
30 
(24) hours before the time of departure or there be a non-appearance on the part of the 
31 
passenger, the ticket shall be considered flown with the fare deemed forfeited unless the 
32 
refund policy of the air carrier provides otherwise.  
33 
SECTION 12. Right to be Processed for Check-in. – Any passenger holding a 
34 
confirmed ticket and complete documentary requirements shall be processed accordingly 
35 
at the check-in counter within the period of time as provided for by the air carrier. A 
36 


uniform schedule of the opening of check-in counters and check-in deadlines for both 
1 
local and international flights shall be provided for by the Civil Aeronautics Board (CAB) 
2 
in order to provide the passengers a reasonable amount of time to be processed for 
3 
check-in.  
4 
It shall be the responsibility of the air carrier to ensure that all its passengers for a 
5 
particular flight have already checked-in before accepting its passengers from previously 
6 
delayed or cancelled flights followed by the chance passengers in that order should there 
7 
be available seats.  
8 
SECTION 13. Right to Board Aircraft for the Purpose of Flight. – A passenger 
9 
who has checked-in for a particular flight shall have the right to board the aircraft for the 
10 
purpose of the flight except for legal and/or valid causes.  
11 
SECTION 14. Right Against Any Act of Discrimination and Vexation. – Every 
12 
passenger shall have the right to be respected at all times by the air carrier who is 
13 
represented by its crew and its employees. The air carrier must serve its passengers with 
14 
utmost respect and courtesy regardless of race, sex, gender, education, income, social 
15 
status, language, physical and mental characteristics, religion, marital status, political 
16 
belief, and other circumstances.  
17 
SECTION 15. Right to Safety. – The right to safety shall be available to all 
18 
passengers. This right shall entail the right to access and to use emergency and safety 
19 
devices, medical assistance, and proper application of first aid procedures during 
20 
emergency situations or when his or her health requires.  
21 
Furthermore, the air carrier is liable for damage sustained in the event of the death 
22 
or wounding of a passenger or any injury suffered by a passenger, if the accident which 
23 
caused the damage so sustained took place on board the aircraft or in the course of any 
24 
of the operations of embarking or disembarking.  
25 
SECTION 16. Right to Redress and Compensation. –  The right to take action 
26 
against the air carrier shall be available to any passenger who has suffered any wrong or 
27 
injury by reason of the contract of carriage. Coupled with the right to redress is the 
28 
passengers’ right to be compensated promptly and expeditiously in case of any wrong or 
29 
injury. 
30 
SECTION 17. Right of Passengers for Delayed Flights. – The right to 
31 
compensation for flights not flown within a reasonable time from the scheduled time of 
32 
departure shall be available to all concerned passengers. This Section shall provide the 
33 
claims available for affected passengers but shall not prohibit any air carrier from granting 
34 
more favorable conditions at it may deem appropriate.  
35 


a) Terminal Delay – In case the flight is delayed for at least three (3) hours and such 
1 
is attributable to the air carrier, a passenger shall have the right to:  
2 
i. 
Be informed of the reason for the delay and the estimated time of departure 
3 
as soon as the information is available;  
4 
ii. 
Be offered sufficient meals and refreshments, access to communication 
5 
systems free of charge 
6 
iii. 
Ask for a refund or rebooking in accordance with the terms and conditions 
7 
of the contract of carriage;  
8 
iv. 
Ask for endorsement to another air carrier subject to payment of 
9 
administrative charges 
10 
  
In case the flight is delayed for at least six (6) hours for causes attributable to the 
11 
air carrier, the flight shall be deemed cancelled and the affected passengers shall be 
12 
entitled to the remedies provided for in this Act.  
13 
b) Tarmac Delay – Every passenger shall likewise have the right to adequate food 
14 
and beverage in cases of tarmac delay of at least two (2) hours after the supposed 
15 
time of departure, reckoned from the closing of the aircraft doors or when the 
16 
aircraft is still at the gate with the doors still open. In case the delay exceeds five 
17 
(5) hours, the passenger may request disembarkation.  
18 
In cases of a multi-sector journey where the air carrier is at fault, a passenger shall 
19 
also be entitled to an additional compensation at a rate which is equivalent to at least 
20 
the value of the sector cancelled by reason of the delay. Provided, that in case of 
21 
connecting flights with another air carrier, the passenger has allotted sufficient 
22 
connecting time of at least three (3) hours for international flights and two (2) hours for 
23 
domestic flights. Provided further, that the passenger shall not be entitled to the 
24 
compensation of the value of the sector deemed cancelled, if the passenger is endorsed 
25 
to another air carrier and the passenger is able to complete his journey.  
26 
SECTION 18. Right of a Passenger for Cancelled Flights or Flights Deemed 
27 
Cancelled. – The right to compensation shall be available to affected passengers in 
28 
cases of flight cancellation subject to the following rules:  
29 
a) If a flight is cancelled for causes attributable to the air carrier, affected passengers 
30 
shall have the right to:  
31 
i. 
Be notified immediately personally and via public announcement of the 
32 
situation and the flight status update;  
33 
ii. 
Avail sufficient meals and refreshments free of charge;  
34 


iii. 
Avail hotel accommodation including the necessary transportation service 
1 
in cases where a stay additional to that intended by the passenger becomes 
2 
necessary, free of charge;  
3 
iv. 
Be entitled to refund the fare the passenger paid for the ticket within a 
4 
reasonable amount of time and in a manner most convenient to both the air 
5 
carrier and the passenger. The passenger shall be reimbursed the full cost 
6 
of the ticket at the price at which it was bought;  
7 
v. 
Be endorsed to another air carrier without paying any fare difference at the 
8 
option of the passenger;  
9 
vi. 
Rebook the ticket without any additional charge.   In the case of a multi-
10 
sector journey, in addition to the rights and entitlements stated under this 
11 
Section, a passenger shall be entitled to an additional compensation at a 
12 
rate which is equivalent to at least the value of the sector cancelled.  
13 
Provided, that in case of connecting flights with another air carrier, the 
14 
passenger has allotted sufficient connecting time of at least three (3) hours 
15 
for international flights and two (2) hours for domestic flights. Provided 
16 
further, that the passenger shall not be entitled to the compensation of the 
17 
value of the sector deemed cancelled, if the passenger is endorsed to 
18 
another air carrier and the passenger is able to complete his journey. 
19 
b) If a flight is cancelled due to circumstances not attributable to the air carrier such 
20 
as infrastructure limitations, safety reasons due to technical limitations, security 
21 
reasons or any other fortuitous event, affected passengers shall have the right to:  
22 
i. 
Rebook the flight, subject to the payment of the fare difference, if any, and 
23 
reasonable administrative costs as approved by the CAB; or  
24 
ii. 
Reimbursement of the value of the fare, subject to the payment of 
25 
reasonable administrative costs approved by the CAB; 
26 
iii. 
Endorsement to another air carrier upon payment of any fare difference, at 
27 
the option of the passenger. 
28 
SECTION 19. Rights of Passengers Denied Boarding. – Passengers denied 
29 
boarding by reason of overbooking, government requisition of space, downgrading of 
30 
aircraft or legal orders, the affected passengers shall have the following rights:  
31 
a) If the denial is by reason of overbooking or aircraft downgrading, the affected 
32 
passenger shall be compensated in accordance with the provisions of Section 18 
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(a) and shall have the right to damages, in accordance with the pertinent provisions 
34 
of the Civil Code of the Philippines; and 
35 
b) If the denial is by reason for a justifiable reason relating to the security, or safety 
36 
of other passengers, or applicable regulations as sanctioned by the Civil Aviation 
37 


Authority of the Philippines (CAAP), or legal order of proper authorities, the 
1 
passenger affected shall be entitled to refund, rebooking, or endorsement to 
2 
another air carrier, subject to payment of fare difference and/or any administrative 
3 
charges as approved by CAB.  
4 
SECTION 20. Right to Compensation for Delayed, Lost and Damaged 
5 
Luggage. – The air carrier shall be liable for any damage sustained in the event of any 
6 
destruction or loss of, or damage to, any registered luggage or any goods, if the 
7 
occurrence which caused the damage so sustained took place during the carriage by air.  
8 
The carriage by air within the meaning of the preceding paragraph comprises the 
9 
period during which the luggage or goods are in charge of the carrier, whether in an airport 
10 
or on board an aircraft, or, in the case of a landing outside an airport, in any place 
11 
whatsoever.  
12 
In case a checked-in baggage has been off-loaded for operational, safety, or 
13 
security reasons, the air carrier shall inform the passenger at the soonest practicable time.  
14 
The air carrier shall carry the off-loaded baggage in the next flight with available space, 
15 
and deliver the same to the passenger either personally, or at his/her residence, at the 
16 
option of the passenger.  
17 
For compensation purposes, a passenger’s baggage is presumed to have been 
18 
permanently and totally lost, if within a period of seven (7) days, counted from the time 
19 
the passenger should have received the same, the baggage is not delivered to the 
20 
passenger or consignee.  
21 
 DUTIES AND OBLIGATIONS OF THE AIR CARRIERS 
22 
SECTION 21. Prevention of Harm to Passengers and Maintenance of 
23 
Aircraft.–  The air carrier shall see to it that all regulations of airworthiness of the aircraft 
24 
have been complied with in order to ensure the safety of its passengers.  
25 
SECTION 22.  Designation of “All-Flight” and “Per Route” Counters. – Air 
26 
carriers may operate all-flight counters which will serve passengers without regard to 
27 
destination. As far as practicable, the air carrier shall, in addition to all-flight counters, 
28 
open a separate counter dedicated for a flight nearing check-in deadline to facilitate the 
29 
checking-in of passengers at least an hour before the published time of departure.  
30 
SECTION 23. Responsibility of the Air Carrier when the Number of 
31 
Passengers is Beyond Capacity of the Aircraft. – If for any reason such as 
32 
overbooking, government requisition of space, downgrading of the aircraft or any 
33 
unforeseen operational reason a certain flight has more ticketed passengers than the 
34 
actual capacity of the aircraft, the air carrier concerned shall:  
35 


a) Determine the excess number of passengers;  
1 
b) Announce that the flight is overbooked in order for all passengers be fully 
2 
apprised of the situation;  
3 
c) Determine whether there are passengers who are willing to give up their 
4 
seats in exchange of compensation and be subject to the rights set forth in 
5 
this Act; and 
6 
d) Should there be no volunteers, priority shall be given to those who 
7 
purchased tickets earlier. 
8 
SECTION 24. Duty of the Air Carrier in the Event of a Flight Deviation. – In the 
9 
event that there will be a flight deviation, the air carrier shall be responsible in providing 
10 
the necessary transportation for ferrying the passenger from the originally-designated 
11 
airport of departure to the actual airport of departure or from the airport of actual 
12 
destination to the airport of the originally-designated destination, as the case may be.  
13 
SECTION 25. Duty to Provide Assistance Desks. – Air carriers shall provide 
14 
assistance desks which shall include customer service representatives who can address 
15 
concerns of passengers immediately such as arranging for meals, hotel rooms, arranging 
16 
luggage issues and settling other complaints.  
17 
OBLIGATIONS OF THE CAAP, CAB, AND AIRPORT OPERATORS 
18 
SECTION 27. Availability of Check-in Counters. –  The CAAP, airport 
19 
authorities, and airport authorities shall provide an adequate number of check-on 
20 
counters for every air carrier for every air carrier in proportion to the volume of passengers 
21 
for every air carrier.  
22 
SECTION 28. Assignment of Technical Personnel in Airports. – The CAAP 
23 
shall ensure that every commercial airport is manned by technical personnel capable of 
24 
verifying and certifying reports of technical or infrastructural problems.  
25 
The technical personnel concerned shall submit a periodic report of all delays and 
26 
cancellations and the corresponding reasons thereof to the CAAP Central Office.  
27 
SECTION 29. Complaints Desk. – The CAB shall provide the necessary 
28 
personnel to cater the unresolved complaints of passengers in every commercial airport. 
29 
It shall be the duty of the assigned personnel to report all complaints to the CAB at the 
30 
earliest time possible taking into account the nature of the relief sought by the passenger.  
31 


SECTION 30. Penalty for Violations. – Any violation of this Act shall be penalized 
1 
in accordance with the pertinent provisions of the Civil Aeronautics Act of the Philippines 
2 
and the Consumer Act of the Philippines. Furthermore, failure on the part of the air carrier 
3 
to comply with any of its obligations shall be a ground for suspension of its license to 
4 
operate. Finally, grave and repetitive violations after the lifting of the suspension to 
5 
operate shall be a ground for revocation of license to operate.  
6 
SECTION 32. Implementing Rules and Regulations. – Within ninety (90) days from 
7 
the effectivity of this Act, the Department of Transportation and Communications 
8 
(DOTC), Department of Trade and Industry (DTI), CAAP and the CAB, in consultation 
9 
with the appropriate passenger organizations, shall promulgate the necessary rules and 
10 
regulations for the effective implementation of this Act.  
11 
SECTION 33. Congressional Oversight Committee. – A Congressional 
12 
Oversight Committee is hereby constituted. The Committee shall be composed of the 
13 
Chairman of the Senate Committee on Public Services and Chairman of the House 
14 
Committee on Transportation and four (4) additional members from each House to be 
15 
designated by the Senate President and the Speaker of the House of Representatives. 
16 
The Congressional Oversight committee shall be in existence for a period of five (5) years. 
17 
Thereafter, its oversight functions shall be exercised by the Senate Committee on Public 
18 
Services and House Committee on Transportation.  
19 
SECTION 34. Appropriations. – The Secretary of Transportation shall 
20 
immediately include in the Department’s program the needed operational requirement to 
21 
effectively implement the provisions of this Act which shall be charged against the current 
22 
appropriations of the CAB. Thereafter, such sums as may be necessary for the continues 
23 
implementation of this Act shall be included in the annual General Appropriations Act. 
24 
SECTION 35. Separability Clause. – If any provision of this Act is declared invalid 
25 
or unconstitutional, the other provisions not affected thereby shall remain valid and 
26 
subsisting.  
27 
SECTION 36. Repealing Clause. – All acts, executive orders, memorandum 
28 
circulars/guidelines and other issuances or parts thereof, which are inconsistent with 
29 
this Act, are hereby repealed or modified accordingly.  
30 
SECTION 37. Effectivity. – This Act shall take effect fifteen (15) days after its 
31 
publication in the Official Gazette or in two (2) newspapers of general circulation 
32 
Approved. 
33