REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES/
Quezon City

SIXTEENTH CONGRESS
First Regular Session

23

House Bill No.

Introduced by MAGDALO Party List Representatives FranciscoAshley L. Acedillo and
Gary C. Alejano

EXPLANATORY NOTE

After liberalizing the country’s domestic and international civil aviation policy through
Executive Order No. 219, a number of local airline carriers were born and the Philippine
airline industry started to grow. This liberalization, moreover, opened the industry for
competition and drove the prices down for travelers and traders, which caused the
number passengers to increase annually.

This increase in the number of passengers, however, caused several problems
encountered by the passengers, ranging from poor quality of service, delay and
cancellation of flights, disappearance of reservations, and many more. This bill, thus,
seeks to promote efficiency in airline services and address the aforesaid problems through
a national policy establishing standards for airline carrier services

With this bill, it is expected that the rights of airline passengers will be protected.
In view of the foregoing, approval of this bill earnestly requested.

ISCO ASHLEY L. ACEDILLO GARY C. ALEJANO


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 23

Introduced by MAGDALO Party List Representatives Francisco Ashley L. Acedillo and
Gary C. Alejano

AN ACT
ENSURING THE RIGHTS OF AIRLINE PASSENGERS BY PROVIDING
STANDARDS FOR AIRLINE CARRIER SERVICES
Be in enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. -This Act shall be known as “Airline Passenger Bill of Rights

Act.”

SEC. Definition of Term. - As used in this Act, the following terms shall mean:

(a) AIR TRANSPORTATION- The term ‘air transportation’ includes domestic air
transportation;

(b) COVERED AIR CARRIER- The term ’covered air carrier’ means an air carrier conducting
scheduled passenger air transportation;

(c) CHRONICALLY DELAYED FLIGHT - the term ‘chronically delayed flight’ means a
regularly scheduled flight in air transportation that has failed to arrive within 30 minutes of the
scheduled arrival time of the flight at least 40 percent of the time during the most recent three-
month period for which data is available;

(d) DEPARTMENT- shall refer to the Department of Transportation and Communications;

SEC. 3. Standards for Air Carrier Passenger Services. -


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(a) Passenger Complaints- A covered air carrier shall establish and implement procedures for
handling complaints from passengers of the air carrier.
(6) Diversions, Delays, and Cancellations-
(1) NOTIFICATION OF PASSENGERS - A covered air carrier shall provide customers at
an airport and on board an aircraft, in a timely, reasonable, and truthful manner, the best
information available to the air carrier regarding a delay, cancellation, or diversion affecting
the customers’ flight, including--
(A) the cause of the delay, cancellation, or diversion; and
(B) for a delayed flight, the air carrier's best estimate of departure time.
(2) METHODS FOR NOTIFICATION - In complying with this subsection, a covered air
carrier shall use airport overhead announcements, on aircraft announcements, and postings
on airport television monitors.
(c) Departure and Arrival Delays -
(1) RIGHT OF PASSENGERS TO EXIT AN AIRCRAFT - Subject to exceptions stated in
paragraph (2), a covered air carrier operating an aircraft in a flight in air transportation shall
establish and implement procedures to allow passengers to exit the aircraft in the case of a
departure delay which would otherwise require passengers to remain on the aircraft on the
ground prior to departure for a period exceeding 3 hours.
(2) EXCEPTIONS - In general, Paragraph (1) shall not apply—
(A) if the pilot of such flight reasonably determines that such flight will depart not later
than 30 minutes after the 3-hour delay; or
(B) if the pilot of such flight reasonably determines that permitting a passenger to deplane
would jeopardize passenger safety or security.
(3) ESSENTIAL SERVICES - A covered air carrier operating an aircraft in air
transportation shall provide for the essential needs of passengers at all times during which

the aircraft is on the ground in the event of a departure delay, including the needs of


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passengers for food, water, sanitary facilities, medical access, adequate ventilation, and
comfortable cabin temperatures.
(d) Chronically Delayed Flights -
(1) PUBLICATION OF LIST OF FLIGHTS - A covered air carrier shall publish and update
monthly on the Internet website of the air carrier a list of chronically detayed flights
operated by the air carrier.
(2) DISCLOSURE TO CUSTOMERS WHEN PURCHASING TICKETS - Regardless of
the method used by a consumer to contact a covered air carrier, the air carrier shall disclose,
without being requested, the on-time performance for a chronically delayed flight of the air
carrier whenever a customer makes a reservation or purchases a ticket on such a flight.
(©) Fares, Schedules, and Itineraries-
(1) PUBLICATION OF INFORMATION - A covered air carrier shall publish lowest fare
information, and information on schedules and itineraries, with respect to regularly
scheduled flights of the air carrier in air transportation.
(2) AVAILABILITY OF INFORMATION - Information to be published under paragraph
(1) shall be updated in a timely manner and shall be made available to the public on the
Internet website of the air carrier.
(f) Baggage - If a passenger of a covered air carrier submits a claim to the air carrier for lost
baggage, the air carrier shall make every reasonable effort to return the baggage to the passenger
within 24 hours.
(g) Passenger Rights Notification - A covered air carrier shall prominently display for passengers
of the air carrier information outlining the consumer rights of the passengers, including the rights
specified in this section.
(h) Contract of Carriage - Each covered air carrier shall incorporate the consumer rights specified

in this section into the contract of carriage of the air carrier.


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SEC. 4. Procedures for Departure Delays. -
(a) Procedures to Permit Pilots to Return to Airport Terminals - The DOTC Secretary shall work
in coordination with air carriers to ensure that a pilot operating an aircraft in a flight in air
transportation that is affected by a long departure delay is permitted to return the aircraft to the
airport terminal to allow passengers to exit the aircraft without losing the position of the flight in
the departure sequence.
(b) Contingency Plans for Weather Emergencies -
(1) COORDINATION OF PLANS - The DOTC Secretary shall review the emergency
contingency plans of air carriers and airports to ensure that the plans will
effectively address weather emergencies in a coordinated manner.
(2) MEETING - In carrying out this subsection, the DOTC Secretary shall convene a
meeting of representatives of air carriers, airports, and the Air Transportation Office (ATO)
to develop procedures to better respond to weather emergencies resulting in long departure

delays.

SEC. 5. Implementing Rules and Regulations, - Not later than 180 days after the date of
enactment of this Act, the Secretary of the Department shall issue final regulations to carry out

the provisions of this Act.

SEC. 6. Diverted Flights. -
(a) Study - The Secretary shall conduct a study of the ability of air carriers to provide for the
essential needs of passengers, including adequate food and water, in cases in which a flight of the
air carrier is diverted for an unscheduled landing at an airport due to a weather situation or other
emergency.
(b) Report to Congress - Not later than 180 days after the date of enactment of this Act, the

Secretary shall transmit to Congress a report on the results of the study, including methods for


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ensuring that the essential needs of passengers are met in the case of a diverted flight described

in subsection (a).

SEC. 7. Penal Provision. - Any air carrier who violates the provisions of this Act shall
give the affected passenger an amount not less than Ten Thousand Pesos (P10,000.00) but not
more than Thirty Thousand Pesos (P30,000.00) depending on the
severity of the offense caused.

In case of grave and repetitive violations, the penalty shall be the suspension or
revocation of the certificate of public convenience of the domestic carrier, or the license to
operate of a foreign air carrier, or both after the Department shall have conducted a hearing into

the matter.

SEC. 8. 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 fall force

and effect.

SEC. 9. Repeating Clause. - All laws, executive orders, presidential decrees, and rules
and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed

or modified accordingly.

SEC. 10. Effectivit

.. - This Act shall take effect fifteen (15) days after its publication in

at least two (2) newspapers of general circulation.

Approved,