Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
INTRODUCED BY REP. PM VARGAS 
AN ACT 
PROVIDING FOR A BILL OF RIGHTS FOR AIR PASSENGERS, 
PENALIZING VIOLATIONS THEREOF, AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
The State has established that it shall protect the interest of all consumers, 
promote their general welfare, and establish standards of conduct for business and 
industry.  
With the vital role of the air transport industry in fostering inclusive economic 
growth, it is imperative to guarantee that the air transport sector operates effectively. 
The industry is experiencing phenomenal growth and is gradually regaining its pre-
pandemic condition, as shown by the rise in business and leisure travel since 
mobility limitations were relaxed.  
As the industry offers services to travelers from all socioeconomic 
backgrounds, issues looming air travel have continuously affected many air 
passengers including but not limited to flight delays, airline carrier overbooking, 
baggage loss, the disappearance of bookings, and trouble with refunds among many 
others. 
This proposed measure aims to focus on the right of air passengers to receive 
the full value of the service they have purchased and the convenience it offers. 
Consequently, it protects air passengers, especially during events when their flights 
are canceled or delayed, and their baggage is lost or damaged, to name a few. It 
establishes a mechanism to address the grievances of affected air passengers and 
maintains their right to full and truthful information regarding the contract of 
carriage. 
This bill institutionalizes and updates the Joint DOTC-DTI Administrative 
Order No. 1 issued on 10 December 2012 with the intent of ensuring the rights of 
the air passengers in the country and promoting efficient air transport service.  
In view of the foregoing, the immediate passage of this bill is earnestly sought. 
REP. PM VARGAS 
Fifth District, Quezon City 
May 16, 2023
8:24 am
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Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
INTRODUCED BY REP. PM VARGAS 
AN ACT 
PROVIDING FOR A BILL OF RIGHTS FOR AIR PASSENGERS, 
PENALIZING VIOLATIONS THEREOF, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
CHAPTER I 
GENERAL PROVISIONS 
SECTION 1. Short Title. - This Act shall be known as the "Air Passenger Bill 
of Rights Act. " 
SECTION 2. Declaration of Policy. - It is the policy of the State to promote 
the welfare of airline passengers and strengthen the regulatory framework 
that will ensure safe, efficient, convenient, and secure services to the riding 
public in civil aviation. The State shall pursue a policy mandating full 
disclosure of all aspects relating to the contract of carriage. The State shall 
adopt the generally-accepted principles of relevant international laws to which 
the country is a signatory. 
SECTION 3. Definition of Terms. - For the purpose of this Act, the term; 
a.
"Air Carrier refers to an airline providing transportation services in a
contract of air carriage;
b.
"Airline Ticket' or" Ticket' refers to the document that sets forth in
writing the contract of air carriage that contains all the stipulations
agreed upon by the air carrier and the passenger, the relevant
provisions of this Act, and all other laws, treaties, or international
agreements concerning air carriage;
c.
"Baggage refers to any personal property carried by the passenger
which has been checked-in with the air carrier;
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d. "Cancellation refers to the act of calling off a flight. This shall include 
the following instances: 
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; 
i. 
Cancellation by the air carrier after an unduly long delay; and 
ii. Failure of the passenger to board a particular flight or a situation 
deemed canceled as provided under this Act; 
e. 
"Check-in Deadline” refers to a reasonable time before the published 
ETD as may be prescribed by the Civil Aeronautics Board (CAB) at 
which a passenger may physically present travel documents to the air 
carrier at the latter's check-in counter; 
f. 
"Check-in Period” refers to the time when the air carrier's check-in 
counters are open to accept and process passengers checking in for 
their flights which starts at least two (2) hours before the ETD in 
international airports and in airports designated by the Department of 
Transportation (DOTr). In other airports, the check-in period shall 
start at least one (1) hour before the ETD; 
g. "Confirmed Reserved Seat” refers to a seat which has been requested 
by a passenger on a specific date and on a specific flight and class of 
service of a carrier, and which the carrier or its agent has verified, by 
appropriate notation on the ticket, as being reserved for the 
accommodation of the passenger; 
h. "Convention” refers to the applicable international agreement, 
convention, or treaty on carriage of goods or persons by air; 
i. 
"Delay” refers to the deferment of a flight to a later time; 
j. 
"Denied Boarding' refers to a situation where a passenger who has 
physically presented 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, is not allowed to board the aircraft; 
k. "Denied Check-in” refers to a situation where a passenger, who has 
physically presented travel documents to an air carrier's check-in 
counter at the appointed area and at the appointed time, is denied or 
is not processed for boarding a particular flight; 
l. 
“Fare” refers to the payment in consideration for the carriage of a 
passenger but shall not include charges for ancillary services; 
m. “Flight Deviation” refers to the change in the airport of origin or 
destination; 
n. “Free Tickets” refer to tickets provided by carriers to passengers, 
tickets available for free to employees, tickets claimed based on 
mileage, and other tickets received through sales promotions and 
other similar means which do not have confirmed status, are subject 
to space availability, and do not qualify as either regular or 
promotional fare; 
o. "General Sales Agent” refers to a natural or juridical person who is not 
a bona fide employee of an air carrier and who, as authorized by the 
air carrier, by itself or through an agent, sells or offers to sell any air 
transportation, or negotiates for, or holds himself out for solicitation, 


advertisement or otherwise as one who sells, provides, furnishes, 
contracts, or arranges for such air transportation; 
p. “Government Requisition of Space” refers to a formal request by the 
government or its agencies to an air carrier company 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 CAB which, in turn, shall make a request to the 
airline concerned, detailing the number, identities and affiliation of the 
persons requesting for space and the date, time, and destination of the 
flight; 
q. "No-show’’ refers to the failure of the passenger to appear at the check-
in counter within the check-in deadline or to show up at the boarding 
gate at the time indicated on the boarding pass; 
r. 
"Non-scheduled Services” refer to an arrangement where an aircraft 
has more flexibility in terms of time, schedules, routes and choices of 
airports and similar operational characteristics subject to the approval 
of the Civil Aviation Authority of the Philippines (CAAP) each time; 
s. 
"Off-loaded Baggage refers to baggage which has either not been 
checked-in or checked in but subsequently removed from the cargo 
hold of the carrier; 
t. 
"Overbooking" refers to the practice by air carriers of selling confirmed 
reserved space beyond the actual seat capacity of the aircraft. This 
shall include situations wherein an air carrier downgrades an aircraft 
for grounds other than safety or unforeseen operational reasons that 
result in the bumping off of passengers; 
u. "Passenger” 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; 
v. "Person with Disability” or "PWD” refers to persons 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; 
w. "Philippine-based Air Carrier” refers to an air carrier holding a 
Certificate of Public Convenience and Necessity (CPCN) or a Temporary 
Operating Permit (TOP) issued by the CAB for scheduled and non-
scheduled services; 
x. "Promotional Fare” refers to fare that is generally lower than a regular 
fare, and is offered only for a specific limited period. Promotional fare 
includes, but is not limited to, offers of "no-frills" fare, wherein the 
non-essential features for flights have been removed to keep the price 
low, and discounted fares, which require prior approval by the CAB; 
y. "Regular Fare” refers to any fare that is offered on a regular basis, is 
non-discounted, and offers the advantage of cancellation, flight 
itinerary amendments, rerouting, and rebooking, among others, by the 
passenger, whether or not subject to a fee or penalty; 
z. 
"Sales Promotion” refers to techniques intended for broad consumer 
participation which contain promises 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/or 
goodwill of a product; 
aa. "Scheduled Services” refer to an arrangement wherein an air carrier 
 
follows a fixed, regular, and published timetables and routes and 
 
which does not have the flexibility in terms of time, schedules,  
 
routes and choices of airports and similar operational characteristics; 
bb. "Tarmac Delay” refers to a delay that occurs while passengers are 
 
already on board the aircraft; and, 
cc. "Terminal Delay” refers to a delay that occurs while passengers are 
 
still inside the terminal waiting for boarding. 
  
SECTION 4. Scope of Application. - This Act shall apply to all aspects of 
contracts 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 
air carriers, flights and 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: Provided, That the compensation provision 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. 
  
SECTION 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 a signatory, 
the provisions of the latter shall prevail. In cases of treaties or conventions 
where the Philippines is not a signatory, the provisions of such treaty or 
convention shall have the suppletory effect in the implementation of this Act 
insofar as the same are not contrary to the provisions contained herein. 
  
CHAPTER II 
CONTRACT OF CARRIAGE BY AIR 
 
SECTION 6. Contract of Air Carriage. - By the contract of air carriage, an 
air carrier obliges to transport the passenger or one's baggage, if any, from 
one place to another, through airspace, without any damage or injury upon 
the passenger, or loss, damage or unreasonable deterioration of the 
passenger's baggage, if any, and when the passenger obliged to pay a just and 
reasonable airfare. 
  
SECTION 7. Perfection of the Contract of Carriage. - The contract of air 
carriage is perfected from the moment the air carrier and the passenger gives 
their respective consent to the said agreement. There is consent when the air 
carrier issues a confirmation of the airline ticket in favor of the passenger, 
who accepts and holds it in possession, with the corresponding full payment 
of the fare by said passenger. 
  
SECTION. 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. 
  
SECTION 9. Presumption of Negligence. - In case of damage or injury to 
the passenger or loss, damage, or unreasonable deterioration of the 
passenger's baggage, if any, the air carrier shall be presumed negligent, 
unless it is proven that the latter exerted extraordinary diligence to avert the 
same.  
 
Diligence observed in the selection and supervision of employees shall 
provide no relief against the presumption of negligence. Air carriers may be 
held liable for failure to exercise diligence in the selection and supervision of 
employees, pursuant to provisions of Republic Act No. 386, as amended, 
otherwise known as "The Civil Code of the Philippines." In the case of carriage 
of goods and baggage, the presumption of negligence shall not apply if the 
loss, damage, or unreasonable deterioration is caused or occasioned by any 
of the following: 
a. Flood, storm, earthquake, lightning, or other natural disaster or 
calamity; 
b. Act of the public enemy in war, whether international or civil; 
c. Act or omission of the shipper or owner of the baggage/goods; 
d. The character of the goods or defects in the packing or in the containers; 
and 
e. Order or act of competent authority. 
 
SECTION 10. Cancellation. - An air carrier may cancel a flight for any of the 
following: 
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 of such applicable remedies provided 
under this Act. 
  
SECTION 11. Overbooking. - Overbooking shall not be allowed for all air 
carriers. 
  
SECTION 12. Statutory Construction. - In case of doubt, the contract of air 
carriage shall be construed liberally in favor of the passenger and strictly 
against the air carrier. 
                                             
CHAPTER III 
RIGHTS AND OBLIGATIONS OF THE PASSENGERS 
A. RIGHT TO FULL AND TRUTHFUL INFORMATION OF THE 
CONDITIONS OF THE CONTRACT OF CARRIAGE 
  
SECTION 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, fair and clear disclosure of information, in English 
and in Filipino, from an air carrier or general sales agent on the following 
terms and conditions of 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, for deaths and injuries and lost, 
delayed or damaged baggage; 
f. Air carriers' liability limitation; 
g. Procedures for claims against the air carrier; 
h. Services and amenities provided by the air carrier; and 
i. Other crucial and necessary conditions of the contract of carriage. 
  
SECTION 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 or boarding pass shall clearly state that the complete terms and 
conditions of carriage are available for perusal or review on the air carrier's 
website, or in some other document that may be sent or delivered by post or 
electronic mail to a passenger upon request. 
 
The air carriers are required under this Act to post on their website, or 
other online accounts, the information to which a passenger has a right of full 
access and disclosure. 
 
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 the case of online booking, the air carrier must establish a system 
wherein the 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 include an agreement, in 
English and Filipino, to the terms and conditions specific to the ticket 
purchased. 
  
SECTION 15. Advertisement - Advertisement of fares shall be clear, truthful 
and not misleading and shall capacitate the passenger to make an informed 
purchase or availment of the airline ticket such that the passenger fully 
understands the consequences of 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 (30%) 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, 
electronic mailing addresses, and other 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 portals or 
offices where the passenger can read or ask for the full terms and 
conditions of the fare and the air passenger bill of rights; and 
g. In the 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. 
  
B. RIGHT TO FAIR AND REASONABLE FARE AND TO THE FULL VALUE 
OF THE SERVICE PURCHASED 
  
SECTION 16. Right to Receive the Full Value of the Service Purchased. - 
A passenger shall have the right to fair and reasonable fare and to receive the 
full value of services that they purchased. An air carrier shall not deny nor 
diminish any service that an air passenger has paid for Provided, That 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 convenience on the part 
of the passenger during the flight. 
  
SECTION 17. Right to Mandatory Fare Discount. - Qualified senior 
citizens, PWDs, and students are entitled to a twenty percent (20%) discount 
on all regular fares. To avail of the discount, the persons concerned are 
required to show competent proof of identity, such as identification cards 
issued by duly-recognized public and private educational institutions, and 
government agencies and instrumentalities. 
 
A student availing of the discount must be enrolled in a duly-recognized 
academic, vocational, or technical school or institution at the time of the 
purchase of the airline ticket. For the purposes of this Act, the discount on 
regular fares shall not be extended to students taking up post-graduate 
courses like medicine, law, and master's and doctorate degrees, as well as 
those enrolled in short-term training courses and seminars. 
 
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 regular fare and 
the promotional fare shall be offered to the passenger. 


For the purpose of taxation, the discounts herein imposed shall be 
allowed as a deduction on the gross income of the carrier. 
  
SECTION 18. Right to Refund. - Every passenger holding a refundable 
airline ticket shall have the right to the refund of fares and payments made 
for optional services. This includes the refund of terminal fees and other fees 
such as checked baggage fees, insurance, and seat selector fees, if any. 
  
SECTION 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 percent (75%) of the cost of the 
ticket less ancillary services charges, and the remaining twenty-five percent 
(25%) 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 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 and 
terminal fees. 
  
SECTION 20. Right to Rebook a Flight. - Every passenger who was fully 
and truthfully informed that the ticket purchased is rebookable shall have the 
right to rebook the flight in accordance with the terms and conditions set forth 
in the rebooking policy. 
  
SECTION 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 
international flights giving the passenger enough time to be processed for 
check-in. 
  
The air carrier shall, therefore, 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 
of its passengers for a particular flight, including those who are in the queue 
prior to the check-in deadline, have already checked-in before accepting 
passengers from previously delayed or canceled flights and chance 
passengers, in that order, when there are still seats available. 
 
SECTION 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, 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 a 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 OF DISCRIMINATION AND VEXATION 
  
SECTION 23. Right to Equal Protection. - Every passenger is entitled to all 
the rights set forth in this Act and in all aspects of 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 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. 
  
SECTION 24. Right to be Respected. - Air passengers shall have the right 
to be respected at all times by the air carrier. Airline employees and crew shall 
serve all passengers with utmost courtesy and respect. 
  
D. RIGHT TO SAFETY 
 
SECTION 25. Right to Obtain 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 to the proper application of first aid procedures during 
emergency situations or when the passenger’s health requires it. Air carriers 
shall train flight personnel and crew in handling and responding to emergency 
situations and shall provide at least one (1) flight crew who possesses a 
certification in first-aid application. 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 on board the 
aircraft constitutes a risk to health. The air carrier personnel shall consult 
with the passenger who wishes to disembark and determine whether it is in 
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 comfortable cabin 
ventilation. 
  
SECTION 26. Right to Bring Action, Satisfaction, or Relief of a Wrong 
or an 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. 
  


SECTION 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, and loss 
or unreasonable 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 in this Act or in any 
other laws or treaties concerning air transportation. 
 
An air carrier liable for any of the required compensation provided under 
this Act shall make the same available to the affected passenger at the air 
carrier's counter 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 earn an interest 
computed at the current legal rate until full payment is reckoned from the 
time of the expiration of the said period, unless the non-payment is prevented 
by a legal cause. 
  
SECTION 28. Rights of a Passenger for Delayed Flights. - Every passenger 
has a right to be compensated for flights not flown within a reasonable time 
from the ETD. The provisions of this section shall be the minimum entitlement 
of a passenger in case of delay and shall not prohibit the air carrier from 
granting more favorable conditions or recourse, as it may deem appropriate. 
 
a. Terminal Delay. 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: 
i. Be notified via the public announcement of the reason for the 
delay and the new ETD as soon as this information becomes 
available; 
ii. Be provided immediately with a minimum level of care at 
terminals and/or stations while waiting for the beginning or the 
continuation of the delayed journey; 
iii. Be offered, free of charge: (i) sufficient meals and refreshments 
within a reasonable period covering the waiting time; (ii) free 
phone calls, text messaging, facsimile,   electronic mail,   or other 
means of communications; (iii) free internet access; and (iv) first 
aid, if 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 children, pregnant women, 
senior citizens, and PWDs. 
iv. Declare the cancellation of reservation and be entitled to a refund 
or rebooking in accordance with Sections 18 and 20 hereof, or 
ask for endorsement to another carrier. 


b. Tarmac Delay. Every passenger shall likewise have the right to adequate 
food and beverage in cases of tarmac delay of at least two (2) hours after 
the 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. Arrival Delay. In case there is a delay in the aircraft's arrival at the 
airport of destination for at least two (2) hours, 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) 
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 additional compensation at a rate that is equivalent to at 
least the value of the sector canceled by the reason of the delay: Provided, 
That in case of connecting flights with other carrier/s, the passenger has 
allotted sufficient connecting time of at least three (3) hours for international 
flights and two (2) hours for domestic flights: Provided further, That the 
passenger shall not be entitled to the compensation of the value of the sector 
deemed canceled, if the passenger is endorsed to another carrier and the 
passenger is able to complete the journey. 
  
SECTION 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 canceled due to a cause attributable to the air carrier, a 
passenger shall have the right to: 
 
i. Be notified of the situation beforehand or as soon as possible via 
public announcement, written or published notice, and flight 
status update service either through short message service or 
electronic mail; 
ii. Be provided immediately with a minimum level of care at 
terminals and/or stations; 
iii. Be offered free of charge: 
 
1. sufficient meals and refreshments within a reasonable 
period covering the waiting time; 
2. hotel accommodation near the airport in cases where a stay 
of one or more nights becomes necessary, or where a stay 
additional to that intended by the passenger becomes 
necessary; 
3. transportation service between the airport and the place of 
accommodation; 
4. free phone calls, text messaging, facsimile, electronic mail, 
or other means of communication; 


5. free internet access; and 
6. first aid, if 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 children, pregnant women, 
senior citizens, and PWDs; 
b. Be reimbursed within five (5) days, either in cash, by electronic bank 
transfer, bank orders, or bank cheques or, with the signed agreement 
of the passenger, in travel vouchers and/or the 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, subject to the provisions of 
Sections 10 and 19 hereof. If the payment is made through a credit 
card, the reimbursement should be credited back to the payor's credit 
card account within seven (7) days without additional costs to the 
passenger; 
c. 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 
d. Rebook the ticket without any additional charge. 
 
i. 
In the case of a multi-sector journey, in addition to the rights and 
entitlements stated under this section, a passenger shall be 
entitled to additional compensation at a rate that is equivalent to 
at least the value of the sector canceled by the air carrier. 
ii. 
In case the air 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 flight to another future flight, subject to the 
payment of the fare difference, if any; 
2. Reimburse the value of the fare; 
3. Be endorsed 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 resources as it may deem appropriate. 
  
SECTION 30. Rights of a Passenger Denied Boarding. - A passenger who 
has checked-in for a particular flight cannot be denied boarding the aircraft 
except for legal or other valid causes such as immigration issues, safety, 
security, and health concerns. 
 
In case a passenger is denied boarding because the number of volunteers 
is not due to overbooking, government requisition of space, downgrading of 
an aircraft, or legal orders, the flight in respect to the affected passenger shall 


be deemed canceled and the compensation shall be governed by the following 
rules: 
 
a. If the denial of boarding the aircraft is by reason of overbooking or 
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 sanctioned by the CAAP or legal order of the 
authorities, the passenger concerned shall be entitled to a refund, 
rebooking, or endorsement to another carrier subject to the 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; and 
d. In case a passenger is denied boarding for 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, a such passenger shall not be 
entitled to any relief provided under this Act. Provided, 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: 
Provided further, That PWDs, persons with special needs, senior 
citizens, pregnant women, and children shall be given preference 
against denied boarding. 
  
SECTION 31. Filling-Up of Empty Seats. - Vacant seats due to cancellations 
by passengers and no-shows shall be offered by the air carrier, first to the 
passengers of delayed or canceled 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, they shall then be offered to the chance passengers. 
  
SECTION 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 a baggage shall be in 
the following amounts: 
 
a. For international flights, twenty dollars (USD20) per kilogram for 
checked-in baggage and four hundred dollars (USD400) 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 the 
case of domestic flights, the provisions set in the contract of carriage 
shall apply in the valuation of lost belongings. In the 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 concerned at 
the soonest practicable time and in such manner that the passenger shall 
readily know that the 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, notwithstanding the 
announcement that the baggage shall be loaded on the next flight. The air 
carrier shall carry the off-loaded baggage on the next flight with available 
space, deliver the same to the passenger either personally or at the 
passenger's residence and tender an amount of one thousand pesos 
(P1,000.00) for every two (2) days 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 hours from the arrival of the 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 one hundred pesos (P 100.00) 
per kilogram if it is on a domestic flight unless the passenger has declared a 
higher valuation of the baggage at check-in time. For international flights, 
rates in item (a) under this paragraph shall apply. 
  
SECTION 33. Compensation for Death and Bodily Injuries. –  
 
a. In case of international 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. In case of domestic flights, the passenger shall be entitled to the 
compensation subject to the provision of the contract of carriage or the 
compensation as provided in the provision of the relevant convention, 
in its Philippine currency equivalent, whichever is higher. 
  
SECTION 34. Compensation for Violation of Airline Passenger 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 
(P50,000.00), exclusive of other damages or injury the air passenger has 
suffered. 
  
CHAPTER IV 
RIGHTS, DUTIES AND OBLIGATIONS OF THE AIR CARRIERS 
 
SECTION 35. Prevention of Harm to Passengers and Maintenance of 
Aircrafts. - An air carrier shall prevent harm and hazard to passengers by 


adhering to all regulations on the airworthiness of the aircraft, complying with 
rules on hazardous materials, protecting the passengers from unreasonable 
harm, and actively responding to harm caused by aircraft structure, 
materials, and chemicals. 
  
SECTION 36. Designation of an "All-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 to a flight nearing 
the check-in deadline to facilitate the check-in of passengers at least an hour 
before the published ETD. 
  
SECTION 37. Special Accommodation of PWDs, Persons with Special 
Needs, Senior Citizens, Pregnant Women, and 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 shall, whenever 
applicable, form part of this Act as far as the passenger in this section are 
concerned: 
 
(a) Batas Pambansa Big. 344; 
(b) Republic Act No. 7277, or the "Magna Carta for Disabled Persons", as 
amended by Republic Act No. 9442 and Republic Act No. 10754; and 
(c) Republic Act No. 7432, as amended by Republic Act No. 9257 and 
Republic Act No. 9994 or the Expanded Senior Citizens Act. 
  
The contract of air carriage shall clearly enumerate the necessary terms 
and conditions affecting the rights of PWDs, persons with special needs, 
senior citizens, pregnant women, and children. Air carriers and their agents, 
in coordination with the agencies charged with protecting the rights and 
welfare of the above-mentioned passengers, shall implement a system 
allowing these groups of people ample and convenient opportunities 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 PWDs, persons with special needs, senior citizens, pregnant 
women, and children. 
  
SECTION 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 
CAAP, the air carrier shall perform the following: 
 
a. Determine the number of passengers in excess of the actual seat 
capacity of the aircraft; 
b. Announce 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 passenger/s or volunteer/s 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 cases where 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 number of required volunteers is met. 
  
No flight shall be delayed pursuant to the settlement of the air carrier's 
obligation under this section. 
  
SECTION 39. Duty of the Carrier in the Event of Flight Deviation. - In 
case of flight deviation, the 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 originally-designated destination, as the case may 
be. If, by reason of the deviation, a certain right of a passenger is violated, the 
applicable provision of this Act shall govern the availment and grant of 
remedies and compensation. 
  
SECTION 40. Provision of Assistance Desk. - Air carriers shall provide 
Customer Service Representatives (CSR) who can address common problems 
in situ, which include arranging for meals and/or hotel accommodation for 
stranded passengers, writing checks for denied boarding compensation, 
resolving baggage issues, and settling other routine claims or complaints. In 
addition, the CAB shall provide for Complaints and Assistance Desks manned 
by CAB or CAB-deputized personnel in all airports, who shall assist 
passengers whose rights have been violated, including the filing of complaints. 
  
SECTION 41. Remedies of the Passengers. - Every passenger whose rights 
provided in this Act have been violated shall have the remedies as may be 
respectively set by the CAB under the rules and regulations to be promulgated 
to effectively carry out the proper implementation of this Act, including, but 
not limited to: (i) assistance in filing, processing and documenting 
complaint/s; (ii) negotiating for a resolution acceptable to the affected 
passengers and the air carrier; and (iii) elevation of complaint/s to appropriate 
authorities. 
  
SECTION 42. Operational Space. - 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 cannot carry the passengers due to operational requirement, 
aircraft maintenance, and other similar situations. 
 
SECTION 43. Immediate Reporting of Off-Loaded Checked Baggage. - In 
case checked baggage has been off-loaded for operational, safety or security 
reasons, the air carrier shall inform the passenger concerned at the soonest 
practicable time and in such manner that the passenger shall readily know 
that the baggage has been off-loaded and the reason thereof. Subsequently, 
the air carrier shall make the appropriate report and give the passenger a 


copy thereof, notwithstanding the announcement that the baggage shall be 
loaded on the next flight. 
  
CHAPTER V 
OBLIGATIONS OF THE CAAP, CAB AND AIRPORT OPERATORS 
  
SECTION 44. Availability of Check-in Counters. - The CAAP, airport 
authorities, or airport operators, as the case may be, shall provide an 
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 particular 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. 
  
SECTION 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 CAAP Central 
Office. 
  
SECTION 46. Complaint Desk. - The CAB shall provide the necessary 
personnel to cater to unresolved complaints of passengers 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 
 
SECTION 47. Amicable Settlement - The passenger and the air carrier shall 
exhaust all efforts towards settling disputes 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 
 
SECTION 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 Act of the Philippine^', as amended; Republic Act No. 7394, or 
the "Consumer Act of the Philippine^', as amended; Republic Act No. 9442; 
Batas Pambansa Big. 344; and Republic Act No. 9994, 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 revocation of such 
franchise or license to operate. 
  
SECTION 49. Review of Penalties. - The CAB, in coordination and in 
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 the law. 
  
CHAPTER VIII 
FINAL PROVISIONS 
 
SECTION 50. Report to Congress. - The DOTr, in coordination with the DTI, 
CAAP, CAB, airport operators, and air carriers, shall submit to Congress, 
either in printed form or by way of an electronic document, an annual report 
on the status of implementation of this Act. The information contained in the 
report shall include, but not be limited 
to: 
 
a. complaints filed by passengers; 
b. all pertinent information on managed and resolved complaints by the 
DTI, CAAP, CAB, airport operators, and air carriers. 
 
The Secretary of Transportation and the Agency's web administrator or 
equivalent shall be responsible for ensuring that said reports are posted on 
the Agency's official website. 
  
SECTION 51. Appropriations. - The Secretary of Transportation and 
Communications 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. 
  
SECTION 52. Implementing Rules and Regulations (IRR). - Within sixty 
(60) days from the effectivity of this Act, the CAB shall, in coordination with 
the DOTC, DTI, and CAAP, and after consultation with accredited passenger 
organizations, air carriers, and other directly affected stakeholders, 
promulgate the necessary IRR to effectively implement the provisions of this 
Act. 
 


SECTION 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. 
  
SECTION 54. Repealing Cause. - All laws, executive orders, presidential 
decrees, issuances, rules, and regulations or parts thereof inconsistent with 
the provision of this Act are hereby repealed or modified accordingly. 
  
SECTION 55. Effectivity. - This Act shall take effect fifteen (15) days 
following its publication in the Official Gazette or at least two (2) newspapers 
of general circulation in the Philippines. 
 
 Approved,