Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
4tT     HouseBiiiNo.9091
Introduced by Representative Marjorie Ann ``Maan" A. Teodoro
EXPLANATORY NOTE
This bill protects the rights of airline passengers to ensure their smooth and effortless
air transport while likewise penalizing acts that go against their rights.
According  to  the  Civil  Aviation  Authority  of  the  Philippines  (CAAP),  since  the
Philippine Airlines (PAL), the first domestic airline in the country, was founded in 1941, the
industry of air passenger carrier thrived up to date. Filipinos are keen in travelling both locally
and  intemationally,  however,  when  the  pandemic  struck,  a  nationwide  lockdown  was
imposed  and  travelling  ceased  for  everyone's  protection  against  COVID-19.  When  the
government slowly eased restriction measures, every Filipino seemed to resort to what we
now call, `revenge travel'. President Ferdinand ``Bongbong"  Marcos Jr.  saw this as a great
opportunity for the tourism sector to grow. In 2023 alone, the Manila International Airport
Authority (MIAA) reported that there was already an increase of 158% of airline passengers
-  from  January  to  March  2023,  there  were  10,855,332  passengers  reported  compared  to
4,200,575 passengers in 2022. On April 2023, the Ninoy Aquino International Airport (NAIA)
reported its biggest number of international and domestic air travels - 3,666,503 passengers
and 22,816 flights
Given this figure, it is expected that there will be a continuous increase of intemational
and  domestic  flights  in  the  country.  However,  earlier  this  year,  there  were  reports  of
cancellation  or  delay  of  flights  experienced  by  passengers.  On  June  2023,   the  Senate
Committee on Tourism held an inquiry on the pressing issues faced by the passengers from
the  most  in  demand  airline  companies  -  Cebu  Pacific,  Philippine  Airlines  and  Air  Asia.
Cancellations  or  delays  in  flight resulted  to  missed  opportunities  like  a  missed  work  or
business  deals,  missed  school  days  like  missing  an  exam  or  school  activity,  delay  in  the
delivery of goods and services, among others.
Passengers have reported that airlines companies will just send them an email stating
that their flight is either cancelled for another date or delayed for hours without giving them
any kind of option to mitigate their distress and anxiety. We have to consider that for the
majority of our airline passengers, these flights are as important to them as whatever purpose
the flights are for. Therefore, in order to ensure that airline companies will be accountable for


their passengers and to protect the rights of the latter,  this bill specifically enumerates the
responsibilities of airline companies to airline their respective passengers like the reasonable
grounds for cancellation,  prohibition  on overbooking,  right to refund,  right to immediate
compensation in case of delay or cancellation of flight, and more.
Thus, this bill is earnestly sought,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
a-'`.    HouseBi||No.9091
Introduced by Representative Marjorie Ann ``Maan" A. Teodoro
AN ACT
PROVIDING FOR THE PROTECTION 0F THE RIGHTS OF AIRLINE PASSENGERS,
AND PENALIZING ACTS IN VIOLATION THEREOF
Be it enacted by the Senate and House Of Representatives Of the Phili:ppines in Congress assembled:
SECTION 1. Short Title. This Act shall be known as the "Bill of Rights of Air Passengers of
2023"
SEC. 2. Declaration of Policy. It is the policy of the State to maintain the peace and order,
protect life,  liberty,  and property,  and promote the general welfare of the Filipinos on all
aspects of human rights, including one's right to transportation in civil aviation. The State
shall further  adopt a framework  and  principles  to  ensure  smooth  flow of both  local  and
international  air  transportation  for  airline  passengers  as  part  of  our  country's  tourism,
economic growth and personal development.
SEC. 3. Definition of Terms. As used in this Act:
(a) Az.r C¢rrz.cr refers to an airline providing transportation services in a contract of air carriage;
(b) Bflggnge refers to any personal property carried by the passenger which has been checked-
in with the airline. Off-loaded baggage refers to checked baggage but has either not been put
in or been subsequently removed from the cargo hold the carrier;
(c) C#7iccJJ¢ff.o7i refers to the act of calling off a flight. This shall include the following instances:
1.    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;
2.    Cancellation by the air carrier after an unduly long delay; and
3.    Cancellation by the passenger or a situation deemed cancelled as provided under this
Act.


(d) Cfecck-I.7t De¢dJz.77c refers to a reasonable point in time before the published ETD as may be
prescribed by the Civil Aeronautics Board (CAB)  at which a passenger physically presents
travel documents to the air carrier at the latter's check-in counter;
(e)  Cfeeck-I.7{  Pc7`z.oc!  refers  to  the  time  when  the  air  carrier's  check-in  counters  are  open  for
accepting and processing passengers checking in for their flights which usually starts at least
two (2) to three (3) hours before the ETD in international airports and in airports designated
by the Department of Transportation (DOTr). In other airports, the check-in period starts at
least one (1) hour before the ETD;
(f) Co7i¢.r77tecz Reserz7ccZ Sc¢f refers to a seat on a specific date and on a specific flight and class
of service of a carrier, which has been requested by a passenger, and which the carrier or its
agent  has  verified,  by  appropriate  notation  on  the  ticket,   as  being  reserved  for  the
accommodation of the passenger;
(g)  Co77uc77£z.o7i  refers  to  the  applicable  international  agreement,  convention,  or  treaty  on
carriage of goods or persons by air;
(h) DCJ¢y refers to the deferment of a flight to a later time:
1.   Tcrmz.7t¢J  czeJ¢y  refers  to  a  delay  that  occurs  while  passengers  are  still  inside  the
terminal waiting for boarding; and
2.   T¢7'm¢c  dcJ¢y  is  a  delay  that  occurs  while  passengers  are  already  on  board  the
aircraft;
(i) Dc7?I.cd Boarczz.7ig refers to a situation where a passenger who has physically prevented 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, was not allowed to board the aircraft;
(j) Dc77z.CCZ C77eck-z.77 refers to a situation where a passenger, who has presented travel documents
to  an  air carrier's  check-in counter,  has  checked-in online or through the check-in kiosks
located inside the airport at the appointed time, is denied or is not processed for boarding a
particular flight;
(k) F¢7'c refers to the payment in consideration for the carriage of a passenger but shall not
include charges for ancillary services.
1.    RcgctJ¢r/are is any fare that is offered on a regular basis, is non-discounted, and offers
the  advantage  of  cancellation,   changing  flight  time  or  schedule,   rerouting,   or
rebooking, by the passenger, whether for a fee or penalty, or not.
2.    Pro77tofz.o7tflJ/flrc is any fare that is generally lower than a regular fare and is offered for
a specific period.
i. This  includes  offers  of  ``no  frills"  fare,  wherein  the  non-essential  features  for
flights such as free food and drinks onboard flights have been removed to keep
the price low, and discounted fare which require prior approval by the CAB;


(1) F7`ce Tz.ckcfs refer to tickets provided by carriers to passengers, tickets available for free to
employees, and tickets claimed based on mileage, which do not have confirmed status, are
subject to space availability, and do not qualify as either regular or promotional fare;
(in)  Gc7ter¢J S¢Jes Agc77£ refers to a person who is not a bona fide employee of an air carrier,
and who is authorized by the air carrier, by itself or through an agent, sells or offers for sale
any  air  transportation,  or  negotiates  for,  or  holds  out  by  soliciation,  advertisement,  or
otherwise  as  one  who  sells,   provides,   furnishes,   contracts,   or  arranges  for,   such  air
transportation;
(n) GozJcr777"e7z£ Req#z.s!.fz.o7i a/ Space refers to a formal request by the government or its agencies
to an air carrier 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 the
CAB which, in turn, shall make a request to the air carrier concerned, detailing the number,
identities,  and  affiliation  of  the  persons  requesting  for  space  and  the  date,  time,  and
destination of the flight;
(o) No Sfeozu refers to the failure of the passenger to appear at the check-in counter whitin the
check-in deadline or to show up at the boarding gate at the time indicated on the boarding
Pass;
(p)  No77-scfeeczzJJccJ  Se7'uz.ccs  refer to  an  arrangement where  an  aircraft has more  flexibility  in
terms of time, schedules, routes, and choices of airports and similar operational characteristics
subjct to the approval of the Civil Aviation Authority of the Philippines (CAAP) each time;
(q) OzJcrz7ookz.7zg refers to the practice by air carriers of selling confirmed reserved seat beyond
the actual seat capacity of the aircraft.  This shall include a situation wherein an air carrier
downgrades an aircraft for grounds other than safety or unforeseen operational reasons that
results in bumping off of passengers;
(r) P#ssc77ger refers to a person actually traveling by air. A person who is named in the flight
ticket shall be considered a passenger for the purpose of this Act;
(s)  Pcrso7z  zuit7t  Dz.s¢ZJz7z.fry  or  PWD  refers  to  those  who  have  long-term  physical,  mental,
intellectual, or sensory impairments, which, in interaction with various barriers, may hinder
their full and effective participation in society on an equal basis with others;
(t) P7H.Jz.ppz.7ze-Z7flsed ac.r c¢rrz.cr refers to an air carrier holding a Certificate of Public Conveniene
and  Necessity  (CPCN)  or  a  Temporary  Operating  Permit  (TOP)  issued  by  the  CAB  for
scheduled or non-scheduled services;
(u) SflJcs Promofz.oJi  refers to the techniques intended for broad consumer participation which
contain promise of gain, such as prizes, in cash or in kind, as reward for the purchase of a
product,  security,  service,  or  winning  in  a  contest,  game,  tournament,  and  other  similar
competitions which involve 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 goodwill of a product; and


(v) Schcczz/JccZ Se7`z7z'ces refer to an arrangement wherein an air carrier follows a fixed, regular,
and published timetable and routes  and which does not have flexibility in terms of time,
schedules, routes, and choices of airports and similar operational characteristics.
SEC. 4. Scope of Application. This Act shall apply to all aspects of contract 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-based air carriers, flights or 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: Prouz.cZccZ, That the compensation provisions 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.
SEC. 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 not a signatory, the provisions of the latter shall prevail. Where the Philippines
is not a signatory, the provisions of any treaty or convention shall have suppletory effect in
the implementation of this Act insofar as the same are not contrary to the provisions herein
contained.
CHAPTER 11
CONTRACT OF CARRIAGE BY AIR
SEC. 6. Contract of Air CaITiage. By the contract of air carriage, an air carrier obliges itself to
transport the passenger or one's baggage, if any, from one place to another, through airspace,
without any damage or injury upon the latter's person,  or loss,  damage,  or unreasonable
deterioration of his baggage, if any, and when the passenger obliges oneself to pay a just and
reasonable air fare.
SEC. 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 airline ticket in favor
of a passenger, who accepts and holds it in histher possession, with the corresponding full
payment of the fare by said passenger.
SEC. 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.
SEC. 9. Presumption of Negligence. - In case of damage or injury to the person of the air
passenger, or loss, damage, or unreasonable deterioration of histher baggage, if any, the air
carrier shall be presumed negligent, unless it proves that it exerted extraordinary diligence to
avert the same. Diligence observed in the selection and supervision of employees shall not be
a  defense  to  rebut  this  presumption.  In  the  case  of  carriage  of  goods  and  baggage,  the
presumption of negligence shall not apply if the loss, damage, unreasonable deterioration is
caused or occasioned by any of the following:
1.    Flood, storm, earthquake,lightning, or other natural disaster or calamity;


2.    Act of the public enemy in war, whether intemational or civil;
3.    Act or omission of the shipper or owner of the baggage/goods;
4.    The character of the goods or defects in the packing or in the containers; and
5.    Order or act of competent public authority.
SEC. 10. Cancellation. An air carrier may cancel a flight for any of the following grounds:
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.
SEC. 11. Overbooking. Overbooking shall not be allowed for all air carriers.
SEC. 12. Construction. In case of doubt, the contract of air carriage shall be construed literally
in favor of the passenger and strictly against the air carrier.
CHAPTER Ill
RIGHTS AND OBLIGATIONS OF THE PASSENGERS
A. RIGHT TO FULL AND TRUTHFUL INFORMATION 0F THE CONDITIONS OF
THE CONTRACT OF CARRIAGE
SEC. 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  and  fair  and  clear  disclosure  of
information, in English and in Filipino,  from an air carriage or general sales agent on the
following terms and conditions in the contract of carriage:
a)   Fare  and  other  fees  and  ancillary  charges  (taxes,  insurance,  fuel  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, and for death and injuries and lost, delayed or damaged baggage;
f)    Air carrier's liability limitations;
g)   Procedures for claims against the carrier;
h)   Services and amenities provided by the air carrier; and
i)    Other crucial and necessary conditions of the contract of carriage.
SEC.  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, boarding
pass, or incorporate such terms and conditions of carriage by reference.


Incorporation by reference means that the ticket of 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 to or delivered by post or
electronic mail to a passenger upon request.
In case of booking through a ticketing office 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 a 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 substantially  include the
following message, in English and Filipino:
By confirming purchase of this ticket, you must agree to the terms and conditions
which include:
a)   Refund policy;
b)   Rebooking policy;
c)    No-show policy; and
d)   Other important information specific to the ticket purchased.
Sa pagpili ng tiket na ito, kayo ay sumasang-ayon sa mga kondisyon at restriksyon
kabilang ang:
a)  Panuntunan sa pagsasauli ng ibinayad;
b)  Panuntunan sa pagpalit ng tiket;
c)  Panuntunan sa hindi pagdating sa tamang oras; at
d) Iba pang importantent impormasyon ukol sa tiket.
SEC. 15. Advertisements. Advertisements of fares shall be clear, truthful, and not misleading
and shall capacitate the passenger to make an informed purchae or availment of the airline
ticket such that the passenger fully understands the consequences 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 (300/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,  emails,  and
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 the full
terms and conditions of the fare and the air passenger bill of rights; and
g)   In 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 T0 THE FULL VALUE 0F THE
SERVICE PURCHASED
SEC. 16. Rights to Receive the Full Value of the Serviced Purchased. A passenger shall have
the right to fair and reasonable fare and to receive the full value of the services that they
purchased. An air carrier shall not deny or diminish any service that an air passenger has paid
for. However, 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.
SEC. 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 that they are senior citizens,
PWDs,  or  students.  Competent proof  includes  government-issued  identification  cards  or
school identification cards.
To avail of the discount, a student, at the time of the purchase of the airline ticket, must
be enrolled in preschool, elementary, secondary, or collegiate school or institution, whether
academic, vocational or technical, duly-recognized by the government. For the purpose of this
Act, it does not include those takine up post-graduate courses like medicine, law, and masters
and doctoral degrees as well as short-term courses and seminars and classes like dancing,
singing, and driving lessons.
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 fare and the promotional fare shall be given to the passenger. For purposes of
taxation, the discounts herein imposed shall be allowed as deduction on the gross income of
the air carrier.
SEC. 18. Right to Refund. Every passenger holding a refundable airline ticket shall have the
right to the refund of fares. This includes the refund of other fees such as checked baggage
fees and other optional service fees such as insurance, and seat selector, if any.
SEC. 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 (75%)


of the cost of the ticket less charges for ancillary services, and the remaining twenty-five (25°/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 fees and terminal fees.
If the passenger cancels the confirmed flight twenty-four (24) hours or less before the
ETD, 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 fees and terminal fees.
SEC. 20. Right to Rebook a Flight. Every passenger who was fully and truthfully informed
that  the  ticket  purchased  can  be  rebooked  shall  have  the  right  to  rebook  the  flight  in
accordance with the terms and conditions set forth in the rebooking policy.
SEC. 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 intemational 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 its passengers for a particular flight, including those
who are in 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.
SEC. 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 when there is a lgal or other valid cause,  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 ANY ACT 0F DISCRIMINATION AND VEXATION
SEC. 23. Right to Equal Protection. Every passenger is entitled to all the rights set forth in
this Act and in all aspects of the contract of carriage regardless of race, sex, gender, education,
income,  social  status,  language,  physical  characteristics,  mental  characteristics,  sensory
impairments, age, religion, marital status, political belief, and any 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.


SEC. 24. Right to be Respected. Air passengers shall have the right to be respected at all times
by the air carrier. Airline employees and crews shall serve passengers with utmost courtesy
and respect.
D. RIGHT TO SAFETY
SEC. 25. 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  proper  application  of  first  aid  procedures  during  emergency
situations or when the passenger's health requires it. Air carriers shall train flight persormel
and crews in handling and responding to emergency situations and shall provide at least one
(1) flight crew who is certified to be trained in the application of first aid procedures. An air
carrier  shall  always  inform  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 shall consult with the passenger
who wishes to disembark and determine whether it is to 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  cabin  ventilation  and  comfortable  cabin
temperatures.
E. RIGHT T0 REDRESS AND COMPENSATION
SEC. 26. Right to Bring Action, Satisfaction or Relief of a Wrong or 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.
SEC. 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 upon histher person, and loss or deterioration to one's baggage and property, as the
case may be.
Compensation under this Act does not preclude the passengers to seek redress in a
court for damage caused by any violation of the rights of the passenger as provided for by
this Act or any other laws or treaties concerning air transportation.
An air carrier liable for any of the required compensations provided under this Act
shall make the same available to the affected passenger at the air carrier's counters at the
airport on the date when the occasion entitling the passenger to compensation occurred, or at
the main office 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 an interest computed at the current legal rate until full payment


reckoned  from  the  time  of  the  expiration  of  the  said  period,  unless  the non-payment  is
prevented by a legal cause.
SEC.  28.  Rights  of a  Passenger for Delayed  Flights.  Every passenger has  the right to be
compensated for flights not flown within a reasonable time from ETD. The provisions of this
section shall be the minimum entitlement of a passenger in case of delay and shall not prohibi
the  air  carrier  from  granting  more  favorable  conditions  or  recourses,  as  it  may  deem
appropriate.
a)    Tcrrmz.7iflJ DcZ¢y.  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:
1.    Be notified via public announcement of the reason for the delay and the ETD
as soon as this information is available;
2.    Be   provided   a   minimum   level   of   care   immediately,   on   the   spot,   at
terminals/stations while waiting for the beginning or the continuation of the
delayed journey;
3.    Be offered free of charge:
i.   Sufficient meals and refreshments in a reasonable relation to the waiting
time;
ii.   Free   phone   calls,   text   messaging,   fax,   emails,   or   other   means   of
communications;
iii.    Free internet access; and,
iv.    First aid, 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 unaccompanied children; and,
4.    Declare  that  he/she  is  cancelling  histher  reservation  and  ask  for  refund  or
rebooking in accordance with Sections 18 and 20 hereof,. or ask for endorsement
to another carrier. In case the flight is delayed for at least three (3) hours after
ETD for causes attributable to the carrier, the flight shall be deemed cancelled
and the affected passenger shall be entitled to the remedies provided under
Section 29(a).
b)   Tar77tflc DCJ¢y.  Every  passenger  shall  likewise have  the  right  to  adequate  food  and
beverage in cases of tarmac delay of at least two (2) hours after 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)    Arrz.z7¢J DCJ¢y. In case there is a delay in the aircraft's arrival at the airport of destination
for at least one (1) hour, 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  (P10,000.00)  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 an additional compensation at a rate which is equivalent to a tleast the value of the
sector cancelled by reason of the delay: ProzJz.ded, That, in case of connecting flights with other
carrier, the passenger has allocated sufficient connecting times of at least three (3) hours for
intemational  flights  and  two  (2)  hours  for  domestic  flights:  P7'oz7z.decz,  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
histher journey.
SEC.  29.  Rights  of  a  Passenger  for  Cancelled  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 air carrier, a passenger shall have
the right to:
1.    Be  notified  beforehand  or  as  soon  as  possible  of  the  situation  via  public
announcement,  written/published  notice,  and  flight  status  update  service
either through text or electronic mail;
2.    Be   provided   a   minimum   level   or   care   immediately,   on   the   sport   at
terminals/stations;
3.    Be offered free of charge;
b)   Sufficient meals and refreshments in a reasonable relation to the waiting time;
c)    Hotel accommodation near the airport in cases where a stay is one (1) or more nights
becomes  necessary,  or where  a  stay  additional  to  that  intended  by  the  passenger
becomes necessary; and
d)   Transportation service between the airport and place of accommodation. In addition,
passengers shall be offered free phone calls, text messaging, fax, emails, or other means
of communications, free internet access,  and first aid,  if necessary. In applying this
provision, the 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
unaccompanied children;
4.    Subject to the provisions of Sections 10 and  19 hereof, be reimbursed within
five (5) days, either by cash, by electronic bank transfer, bank orders or bank
cheques  or with the signed  agreement of the passenger,  in  travel vouchers
and/or other 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. If 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  cost  to  the
passenger;
5.    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,


6.    Rebook the ticket without any additional charge.  In the case of multi-sector
journey, in addition to the rights and entitlements stated under this section, a
passenger shall be entitled to an additional compensation at a rate which is
equivalent  to  at  least  the  value  of  the  sector  cancelled  by  reason  of  the
cancellation.
e)   In case the carrier cancels the flight because of force majeure, safety, and/or security
reasons as certified by the CAAP, a passenger shall have the right to:
1.    Rebook the trip to another trip in the future, subject to the payment of the fare
difference, if any;
2.    Reimbursement of the value of the fare;
3.    Endorsement 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 recourses as
it may deem appropriate.
SEC.  30.  Rights  of  Passengers  Denied  Boarding.  A  passenger  who  has  checked-in  for  a
particular flight cannot be denied from boarding the aircraft except for legal or other valid
causes  such  as  immigration  issues,  safety,  security,  and  health  concerns.  In  case  where  a
passnger is denied boarding because the number of passengers is not due to overbooking,
government requisition of space,  downgrading of an aircraft or legal orders,  the flgith 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, 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 as sanctioned by
the CAP or legal order of other authorities, the passenger concerned shall be entitled
to refund, rebooking, or endorsement to another carrier subject to 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.
In case where a passenger is denied boarding for acting in violation of a law or the contract
of  air  carriage  affecting  the  safet  and  security  of  another  passenger  or  crew  during  the
voyrage,  such  passenger  shall  not be  entitled  to  any  relief  provided  for under  this  Act,
ProzJ£.cZccZ,  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: ProzJz.dcd, further, That
PWDs, persons with special needs,  senior citizens,  pregnant women,  and unaccompanied
children shall be given preference against denied boarding.
SEC. 31. Filling-up of Empty Seats. Vacant seats due to cancellations by the passenger 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.
SEC. 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 intemational flights, twenty dollars (USD 20) per kilogram for checked-in baggage
and for 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  permanently  lost  in  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 limits 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 inform the passenger at the soonest practicable time and in such
manner that the passenger shall readily know the off-loading that his/her 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, even if it
announced that the baggage shall be on the next flight.
The air carrier shall carry the off-loaded baggage in the next flight with available space,
deliver the same to the passenger either personally or at histher residence,  and tender an
amount of two thousand pesos (P2,000.00) for every twenty-four (24) hours 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 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 five hundred pesos (P500.00) per kilogram if
it is in a domestic flight unless the passenger has declared a higher valuation of the baggage
at check-in time. For intemational flights, item (i) under this paragraph shall apply.


SEC. 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)   For domestic flights, the passenger shall be entitled to the compensation subject to the
provisions  of  the  contract  of  carriage  or  the  compensation  as  provided  in  the
provisions of the relevant convention, in its Philippine currency equivalent, whichever
is higher.
SEC. 34. Compensation for Violation of Airline Passengers 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 (P50,000), exclusive of other damages or injury the air passenger
has suffered.
CHAPTER IV
RIGHTS, DUTIES AND OBLIGATIONS 0F THE AIR CARRIERS
SEC. 35. Prevention of Harm to Passengers and Maintenance of Aircrafts. An air carrier shall
prevent harm  and hazard  to passengers by ensuring that it follows  all regulatons on the
airworthiness  of  the  aircraft,  complies  with  rules  on  hazardous  materials  protects  the
passengers from unreasonable harm, and actively responds to harm caused by the aircraft
structure, materials, and chemicals.
SEC. 36. Designation of an ``Al1-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 for a flight nearing the check-in deadline to facilitate the checking-in of passengers
at least an hour before the published ETD.
SEC. 37. Special Accommodation of PWDs, Persons with Special Needs, Senior Citizens,
Pregnant Women, and Unaccompanied 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, whenever is applicable, shall form part of this Act as far as the passengers in
this section are concerned:
a)   Republic Act No. 7277 or the Magna Carta for Disabled Persons as amended by
Republic Act No. 9442 and its implementing rules and regulations;
b)   Batas Pambansa 81g. 344 or the Accessibility Law;
c)    Republic Act No. 7432 as amended by Republic Act No. 9257 and Republic Act No.
9994 or the Expanded Senior Citizens Act of 2010 and its implementing rules and
regulations.
The contract of air carriage shall clearly enumerate the necessary terms and conditions
affecting the rights of PWDs, senior citizens, persons with special needs, pregnant women,
and unaccompanied children.


Air carriers and its agent, in coordination with the agencies charged with protecting the
rights and welfare of the abovementioned passengers,  shall implement a system allowing
these  groups  of  persons  enough  and  convenient  opportunity  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 Persons with Disabilities (PWDs), senior citizens, persons
with special needs, pregnant women, and unaccompanied children between seven (7) and
twelve (12) years old.
SEC. 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 CAP, the air carrier shall perform the following:
a)   Determine the number of passengers in excess of the actual seat capacity of the aircraft;
b)   Announc 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 passengers or volunteers 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  case  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 required number of volunteers is met. No flight shall be delayed pursuant to the
settlement of the air carrier's obligation under this section.
SEC. 39. Duty of the Carrier in the Event of Flight Deviation. Flight deviation happens when
there is a change in the airport of origin or destination. If such is the case, 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 the originally-designated destination, as the case may be.
If, by reason of the deviation,  a certain right of a passenger has been violated,  the
applicable  provisions  of  this  Act  shall  govern  the  availment  and  grant  of  remedies  and
compensation.
SEC.   40.   Provision  of  Assistance  Desk.   Air  carriers  shall  provide  Customer  Service
Representatives  (CSR)  who  can  address  common  problems  on  the  spot,  which  include
arranging for meals, hotel rooms and accommodation for stranded passengers, writing checks
for denied boarding compensation, arranging luggage resolutions, and settling other routine
claims or complaints.
In addition, the CAB shall provide Complaints and Assistance Desks manned by CAB
or CAB-deputized persormel in all airports who shall assist passengers whose rights have
been violated, including the filing of the complaint.


SEC. 41. Remedies of the Passengers. Every passenger whose right provided in this Act is
violated shall have the following remedies:
a)   Go to the CSR of the air carrier at their designated counter. Ask for two (2) copies of
the report form and write the nature of the complaint;
b)   Submit the forms to the CSR and get acknowledgement receipt. Give one (1) copy to
the CSR for processing;
c)    Give the other copy at the Complaints and Assistance Desk (CAD) of CAB or CAB-
deputized personnel at the airport and attach the report form from the air carrier on
the report form from the CAB;
d)   Get the acknowledgement receipt of complaint from the CAB;
e)   Get resolution slip from the air carrier's CSR and attach it on the CAB report form and
submit it to the CAB-CAD;
f)    If the case is not resolved, go to the CAB-CAD and report such incident together with
documents and other evidence to support the claim.
SEC. 42.  Operational  Spare. 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 carmot carry the passengers  due to
operational requirements, aircraft maintenance, and other similar situations.
SEC. 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
concerned passenger, at the soonest practicable time and in such manner that the passenger
shall readily know of such offloading 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, even if it announced that the baggage shall be on the next flight.
CHAPTER V
OBLIGATIONS 0F THE CAP, CAB, AND AIRPORT OPERATORS
SEC.  44.  Availability  of  Check-in  Counters.  The  CAAP,  airport  authorities  or  airport
operators, as the case may be, shall provide 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 partcular
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.
SEC. 45. Assignment of Technical Personnel in Airports. The CAAP 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 CAP Central Office.
SEC.  46.  Complaints  Desk.  The  CAB  shall  provide  the  necessary  personnel  to  cater  the
unresolved complaints of passenger 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.
CHAPTER VI
REMEDIES AND GRIEVANCE PROCEDURES
SEC. 47. Amicable Settlement. A passenger and air carrier shall exhaust all efforts toward
settling dispute 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.
CHAPTER VII
PENAL PROVISIONS
SEC.  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  of the Philippines,
Republic Act No. 7394 or the Consumer Act of the Philippines, Republic Act No. 9442 or the
Magna Carta for Disabled Persons, as amended, Batas Pambansa Big. 344 or the Accessibility
Law, Republic Act No. 9994 or the Expanded Senior Citizens Act, or any other relevant laws,
rules, and regulations applicable, 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  revocaion  of  such
franchise or license to operate.
SEC. 49.  Review of Penalties. The CAB,  in coordination and 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.
CHAPTER VIII
FINAL PROVISIONS
SEC.  50.  Implementing  Rules  and  Regulations  (IRR).  Within  sixty  (60)  days  from  the
effectivity of this Act, the CAB shall, in coordination with the DOTr, DTI, and CAAP, and
after consultation with accredited  passenger organizations,  air carriers,  and other directly
affected   stakeholders,   promulgate   the   necessary   rules   and   regulations   to   effectively
implement the provisions of this Act.
SEC. 51. Congressional Oversight Committee. A Congressional Oversight Committee for Air
Passenger Rights is hereby  constituted  in  accordance with  the provisions  of this Act.  The
Committee shall be composed of the Chairman of the Senate Committee on Public Services
and  the  Chairman  of  the  House  Committee  on  Transportation  and  four  (4)  additional
members from each House to be designated by the Senate President and the Speaker of the
House of Representatives, respectively. The Committee shall, in aid of legislation:


a)   Monitor and ensure the proper implementation of this Act;
b)   Review the collection performance of the Authority; and,
c)   Review the proper implementation of the programs of the Authority and the use of its
collected fund.
In furtherance of these objectives, the Committee is empowered to require the DOTr,
DTI, CAP, and CAB, to submit all pertinent information, including complaints filed by the
passengers and the complaints resolved by the air carriers and the CAB. The Committee shall
be in existence for a period of five (5) years, and thereafter, its oversight functions shall be
exercised  by  the  Senate  Committee  on  Public  Services  and  the  House  Committee  on
Transportation acting separately.
SEC. 52. Appropriations. The Secretary of Transportation 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.
SEC.  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.
SEC. 54. Repealing Clause. All laws, executive orders, presidential decrees, issuances, rules
and  regulations,  or  parts  thereof inconsistent  with  the  provisions  of  this  Act  are  hereby
repealed or modified accordingly.
SEC. 55 Effectivity Clause. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.
Approved,