Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. ______ 
Introduced by Rep. MARIO VITTORIO “MARVEY” A. MARIÑO 
5th District, Batangas 
EXPLANATORY NOTE 
The Constitution provides that "The State shall protect consumers from trade 
malpractice and from substandard or hazardous product." To this end, various 
consumer protection laws have been enacted so as to realize this constitutionally 
protected right. 
In the case of the air transportation industry, this right is encapsulated in the 
contract of carriage between the airline and the passenger. The passenger is obligated 
to follow airline policies and other measures related to safe air transport while it is 
the obligation of the airline as a common carrier to “carry the passengers safely as far 
as human care and foresight can provide, using the utmost diligence of very cautious 
persons, with a due regard for all the circumstances" as stated in Article 1755 of the 
Civil Code. Despite the protection our laws provide, airline passengers continue to 
experience various problems such as long queues in check-in counters, delayed or 
cancelled flights, lost or misplaced baggage, reservation snafus, additional fees and 
charges and generally poor service.  
The Department of Transportation and Department of Trade and Industry 
issued a joint administrative order which provides for the "Bill of Rights of Air 
Passengers and Airline Obligations". This administrative order is supposed to protect 
consumers from poor airline services and deceptive practices. However, airline 
passengers continue to face the same problems as before. Furthermore, it is argued 
that said administrative order has insufficient penalties and sanctions to airline 
companies who violate the bill of rights of airline passengers. 
It has become clear that legislation is urgently needed for a permanent and 
more comprehensive “bill of rights” for airline passengers. 
In view of the foregoing, approval of this bill earnestly requested. 
MARIO VITTORIO “MARVEY” A. MARIÑO 
July 1, 2022
12:25 pm
903


 
 
 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
 
NINETEENTH CONGRESS 
First Regular Session 
 
House Bill No. ______ 
 
 
Introduced by Rep. MARIO VITTORIO “MARVEY” A. MARIÑO 
5th District, Batangas 
 
 
AN ACT 
 PROVIDING FOR A BILL OF RIGHTS OF AIR PASSENGERS 
 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
 
CHAPTER I 
GENERAL PROVISIONS 
 
Sec. 1. Short Title. – This Act shall be known and cited as the “Air Passenger 
Bill of Rights Act.” 
 
Sec. 2. Declaration of Policy. – It is hereby declared that: 
a) The State shall pursue a trade policy that serves the general welfare and 
utilizes all forms and arrangements of exchange on the basis of equality and 
reciprocity; 
b) The State recognizes the indispensable role of the private sector, 
encourages private enterprise, and provides incentives to needed investments; 
c) The State adopts and implements a policy of full disclosure of all its 
transactions involving public interest according to Article II, Section 28 of the 1987 
Philippine Constitution and that the right of the people to information on matters of 
public concern shall be recognized; 
d) The State and the airline industry are the duty bearers and the air 
passengers are the right holders in this bill of rights and as such, the State and the air 
carriers shall protect and fulfil these rights and shall refrain from interfering with the 
enjoyment of such rights; 
e) The State shall fulfil its obligation in taking positive actions to facilitate the 
enjoyment of these rights;   
f) The State has the duty to balance the interests of the airline industry that 
delivers the services to the public and the public that it serves.  
 
Sec. 3. Definition of Terms. – For the purpose of this Act, the term: 
a) “Air Carrier” refers to a Philippine air carrier operating scheduled or non- 
scheduled domestic and/or international flights to or from or serving a point within the 


 
 
 
Philippines, or a foreign air carrier operating scheduled or non-scheduled international 
flights from the Philippines.   
b) “Baggage” refers to any personal property carried by the passenger which 
has been checked-in with the air carrier. “Off-loaded Baggage” refers to checked 
baggage that has either not been put in or been subsequently removed from the cargo 
hold of the aircraft. 
c) “Cancellation” refers to the act of calling off a flight. This shall include the 
following instances: 
1. Cancellation by the air carrier as provided under Section 10 hereof; 
2. Cancellation by the air carrier after an unduly long delay;  
3.  Cancellation by the passenger or a situation deemed cancelled as 
provided under this Act. 
d) “Check-in Deadline” refers to the point in time before the published ETD on 
or before which a passenger must present himself/herself to the air carrier at the 
latter’s check-in counter.  
e) “Check-in period” refers to the time when the air carrier’s check-in counters 
are open for accepting and processing passengers checking in for their flights. 
f) “Confirmed Reserved Seat” refers to a seat on a specific date and on a 
specific flight and class of service of an air carrier, which has been requested by a 
passenger, and which the air carrier or its agent has verified, by appropriate notation 
on the ticket, as being reserved for the accommodation of the passenger. 
g) “Convention” refers to the applicable international agreement, convention, 
or treaty on carriage of goods or persons by air, signed and ratified by the Philippines.  
h) “Delay” refers the deferment of a flight to a later time. “Terminal Delay" refers 
to a delay that occurs while passengers are still inside the terminal waiting for 
boarding, while "Tarmac Delay” is a delay that occurs while passengers are already 
on board the aircraft and before take-off.  
i) "Denied Boarding" refers to a situation where a passenger, who holds a 
confirmed reserved seat, and who has presented himself/herself for carriage at the 
proper time and place and fully complied with the air carrier’s check-in and 
reconfirmation procedures, and who is acceptable for carriage under the air carrier’s 
tariff, was not allowed to board the aircraft. 
j) “Fare” refers to the payment in consideration for the carriage of a passenger 
but shall not include charges for ancillary services. “Regular Fare” is any fare that is 
offered on a regular basis, non-discounted, and generally offers the advantage of 
cancelling, changing flight time or schedule, rerouting, rebooking, and others, whether 
for a fee or penalty or not. “Promotional fare” is any fare that is generally lower than a 
regular fare and is offered for a specific period. This includes, but not limited to, offers 
of “no frills” fare, wherein the non-essential features for flights have been removed to 
keep the price low (i.e. free food, drinks onboard flights), and discounted fares which 
require prior approval by the Civil Aeronautics Board (CAB).  
k) “General Sales Agent” means a person not a bona fide employee of an air 
carrier, who pursuant to an authority from the air carrier, by itself or through an agent, 
sells or offers for sale any air transportation, or negotiates for, or holds himself out by 
solicitation, advertisement or otherwise as one who sells, provides, furnishes, 
contracts, or arranges for, such air transportation.  
l) “Government Requisition of Space” refers to a formal written 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/or emergency purposes. Such request 
shall be submitted by the requesting agency to CAB who in turn shall make a formal 


 
 
 
written 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,. 
m)  “Overbooking” refers to the generally accepted practice which is common 
in the aviation industry whereby airlines are selling confirmed reserved seat beyond 
the actual seat capacity of the aircraft.  
n) “Passenger” refers to a person actually travelling by air.  A person who is 
named in the flight ticket, itinerary receipt, or any other equivalent document shall be 
considered a passenger for the purpose of this Act. 
o) “Person with Disability” or “PWD” refers to those suffering from restriction of 
different abilities, as a result of a mental, physical or sensory impairment, to perform 
an activity in the manner or within the range considered normal for a human being.  
p) “Philippine air carrier” means an air carrier who is a citizen of the Philippines. 
q)  “Senior citizen” refers to any resident citizen of the Philippines at least sixty 
(60) years old.   
 
 
 
Sec. 4. Scope of Application. - This Act shall apply to all aspects of contract of 
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 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.  
 
Provided, that the compensation provisions 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.  Otherwise, this Act shall apply in full. 
 
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 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 II 
CONTRACT OF CARRIAGE BY AIR 
 
Sec. 6. Contract of Air Carriage. – By the contract of air carriage, an air carrier 
obliges itself to transport the person of the passenger or his 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 himself to pay a just and reasonable 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 agreement. 
 
There is consent when the air carrier issues a confirmation of airline ticket in 
favor of the passenger, who accepts and holds it in his possession, with the 
corresponding full payment of the fare by the passenger. 
 


 
 
 
Sec. 8. Diligence Required of the Carrier. – Air carriers, due to the nature of 
their business 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 from the time that the passenger boards until the passenger disembarks from 
the aircraft.  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 passenger, or loss, damage, or unreasonable deterioration of his baggage, if 
any, the air carrier shall be presumed negligent, unless it proves that it exerted 
extraordinary diligence to avert the same. 
 
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; 
e) Order or act of competent public authority. 
 
Sec. 10. Cancellation by an Air Carrier. – An air carrier may cancel a flight for 
any of the following: 
 
a) infrastructure limitation as certified by the Civil Aviation Authority of the 
Philippines (CAAP);  
b) safety reasons due to a technical problem as certified by the CAAP;  
c) security reasons as declared by competent authority; or  
d) during the occurrence of a fortuitous event.   
 
The Passengers affected may avail the applicable remedies provided under this 
Act.  
 
Sec.11. Overbooking. – Consistent with the globally-recognized revenue-
management options of air carriers, overbooking shall be responsively, properly and 
rationally practiced and done in utmost good faith. The CAB is hereby authorized to 
set the ceiling for overbooking.  All passengers that have been sold overbooked tickets 
shall have the right to be informed that they are merely “Chance” passengers for that 
particular flight. 
 
Sec. 12. 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 
 
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 the air carrier 
or general sales agents 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, and for death and injuries and lost, delayed 
or damaged baggage 
f) Air carrier’s liability limitations 
g) Procedures for claims against the air carrier 
h) Services and amenities provided by the air carrier 
i) If the ticket purchased is part of the overbooked portion of that flight 
j) 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 or 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 the Passenger upon his/her request.  
The air carriers are required under this Act to post in their website, or other 
online accounts, the information which the 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 passenger and/or 
purchaser.  
In case of online booking, the air carrier must establish a system wherein the 
purchaser is fully apprised of the required disclosures under this Section prior to the 
final submission of his/her online offer to purchase. The disclosure shall substantially 
include the following message, in English and Filipino: 
By confirming purchase of this ticket, you agree to the terms and conditions 
which include: 
a.(Refund policy) 
b.(Rebooking policy) 
c.(No-Show policy) 
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 na ang: 
a.(Panuntunan sa pagsasauli ng ibinayad) 
b.(Panuntunan sa pagpalit ng tiket) 
c.(Panuntunan sa hindi pagdating sa tamang oras) 


 
 
 
d.(Iba pang importanteng 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 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.  
A notice indicating where more information on the route, fare, or promotion may 
be found shall be included as part of the advertisement. The following disclosures are 
required to be part of the airline advertisement in print medium: 
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 air carrier which includes 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 his rights as passenger; 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. 
 
B. RIGHT TO FAIR AND REASONABLE FARE AND TO THE  
FULL VALUE OF THE SERVICE PURCHASED 
 
Sec. 16. Right to Receive the Full Value of the Service Purchased. – 
Passengers shall have the right to reasonable fare and to receive the full value of the 
services that they purchased.  Air carriers shall not deny nor diminish any service that 
the passenger has paid for.  This right includes the convenience on the part of the 
passenger during the flight. 
 
Sec. 17. Right to Refund. Every passenger holding a refundable airline ticket 
shall have the right to the refund of unused tickets in accordance with the terms and 
conditions of the refund policy of the air carrier less service charge. The refund 
includes the amount paid for the optional fees offered by the air carrier, if any.  
 
Sec. 18. Right to Cancel a Flight. – Every passenger has a right to cancel a 
flight subject to the following conditions: 
In case of refundable tickets, if the cancelation of the confirmed flight happens 
more than twenty-four (24) hours before the ETD, the passenger shall be reimbursed 
by the air carrier for an amount equivalent to seventy-five percent (75%) of the fare 
and full reimbursement of the charges for ancillary services not availed of, including 
but not limited to baggage fees and terminal fees. 
If the passenger holding the refundable ticket cancels the confirmed flight less 
than twenty-four (24) hours before the ETD or does not show up altogether, the ticket 
shall be considered flown with the fare deemed forfeited unless the refund policy of 
the air carrrier otherwise provides.    
 


 
 
 
Sec. 19. Right to Rebook a Flight.  Every passenger holding a rebookable ticket 
shall have the right to rebook the flight in accordance with the terms and conditions 
set forth in the rebooking policy of the air carrier, as approved by the CAB. 
 
Sec. 20. Right to be Processed for Check-in. - A passenger holding a confirmed 
ticket, whether promotional or regular, with complete documentary requirements, and 
who has complied with the check-in procedures, shall be processed accordingly at the 
check-in counter within the check-in deadline set by the air carrier.  For this purpose, 
the CAB shall therefore, consistent with global aviation practice and subject to 
infrastructure limitations, 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, therefore, and subject to infrastructure limitations, shall 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, including those who are in 
queue prior to the check-in deadline, for a particular flight have already checked-in 
before accepting its passengers from previously delayed or cancelled flights followed 
by the chance passengers in that order when there are still available seats. 
 
Sec. 21. 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, but not limited to, 
immigration issues, safety, security, and health concerns when there is a legal 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 OF DISCRIMINATION AND VEXATION 
 
Sec. 22. 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, religion, marital status, political belief, 
and other circumstances.    
 
Sec. 23. Right to be Respected. – Passengers shall have the right to be 
respected at all times by the air carrier.  The employees and crews of the air carrier 
shall serve the passengers with utmost courtesy and respect.  
 
D. RIGHT TO SAFETY 
 
 
Sec. 24 . Access to Emergency Measures, Medical Assistance, Safety Devices 
and Essential Services. – Every Passenger has a right to have access and to use 
emergency and safety devices, medical assistance, and proper application of first aid 
procedures during emergency situations or when his or her health requires it.  Air 
carriers shall train flight personnel and crews in handling and responding to emergency 
situations and shall provide at least one (1) flight crew who is certified to apply first aid 


 
 
 
procedures. The 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.  
Every 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 TO REDRESS AND COMPENSATION 
 
 
Sec. 25 . Right to bring action, satisfaction or relief of a wrong or injury. – Every 
passenger has a right 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. 26. 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 his person, and loss or deterioration to his 
baggage and property, as the case may be.   
 
Sec. 27. 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 prohibit the air carrier from granting more favorable conditions or 
recourses, as it may deem appropriate. 
a) 
 Terminal Delay 
In case the flight is delay for at least three (3) hours after the ETD, and such is 
attributable to the air carrier, a  passenger shall have the right to: 
1. Be notified via public announcement of the reason for the delay and 
the estimated time of departure 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 or internet service (e-
mails), and 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 persons 
accompanying them, as well as to the needs of unaccompanied children; and 
4. Ask for refund or rebooking in accordance with Sections 17 and 19 
hereof; or 
5. Ask for endorsement to another air carrier subject to payment of 
reasonable administrative charges. 
In case the flight is delayed for at least six (6) hours after ETD for causes 
attributable to the air carrier, the flight shall be deemed cancelled and the affected 
passenger shall be entitled to the remedies provided under Section 28 (a). 
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 ETD, reckoned from 
the closing of the aircraft doors or when the aircraft is still at the gate with the doors 
still open but the passengers are not allowed to deplane. In case the delay exceeds 
five (5) hours the Passenger may request disembarkation. 


 
 
 
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 at least the value of the 
sector cancelled by reason of the delay. Provided, that, in case of connecting flights 
with another air carrier, the passenger has allotted sufficient connecting time of a 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 cancelled, if the passenger is endorsed to another air carrier and the 
passenger is able to complete his journey. 
 
Sec. 28. Rights of a Passenger for Cancelled Flights or Flights Deemed 
Cancelled. – Every 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 thru text or email; 
2. 
Be provided a minimum level of care immediately, on the spot 
at terminals/stations; 
3. 
Be offered free of charge:  
i. 
sufficient meals and refreshments in a reasonable relation to the 
waiting time; 
ii. 
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; 
and  
iii. 
transportation service between the airport and place of 
accommodation. In addition, passengers shall be offered free of 
charge telephone calls, text or fax messages, or e-mails 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 persons accompanying them, as well as to the 
needs of unaccompanied children; and 
4. Be entitled to any of the following: 
i.      Refund the fare the passenger paid for the ticket. If the payment 
is made in cash, the passenger shall be reimbursed within five 
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. If payment is made through 
credit card, the reimbursement should be credited back to the 
payor’s credit card account within a reasonable period based on 
the internationally accepted credit card crediting system  without 
additional cost to the passenger. The passenger shall be 
reimbursed of the full cost of the ticket at the price at which it was 
bought, subject to provisions of Section 10 and Section 18 hereof; 
or 
ii.      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 
iii.     Rebook the ticket without any additional charge. 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 an 
additional compensation at a rate which is equivalent to at least 
the value of the sector cancelled. Provided, that, in case of 
connecting flights with another air carrier, the passenger has 
allotted sufficient connecting time of a 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 cancelled, if the 
passenger is endorsed to another air carrier and the passenger 
is able to complete his journey. 
 
(b) 
In case the air carrier cancels the flight due to i) infrastructure limitation 
as certified by CAAP; ii) safety reasons due to a technical limitation; iii) 
security reasons; or iv) during the occurrence of a fortuitous event, a 
passenger shall have the right to:  
1. Rebook to a future flight, subject to the payment of the fare 
difference, if any, and reasonable administrative costs approved by CAB; or 
2. Reimbursement of the value of the fare, subject to the payment 
of reasonable administrative costs approved by CAB; or 
3. Endorsement to another air carrier upon payment of any fare 
difference and be provided space and other circumstances that the 
accommodation permits, at the option of the passenger. 
 
Sec. 29. 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, but not limited to, immigration issues, safety, 
security, and health concerns.  
In a case where a passenger is denied boarding because the number of 
volunteers is not met on occasion of overbooking, government requisition of space, 
downgrading of an aircraft or legal orders, the flight 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 or aircraft 
downgrading, the passenger concerned shall be compensated in accordance with the 
provisions of Section 28 (a); 
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 CAAP, or legal order of other authorities, the passenger concerned shall 
be entitled to refund, rebooking or endorsement to another air carrier subject to 
payment of fare difference or any administrative charges as approved by CAB; 
c)   If the denial of boarding the aircraft is due to government requisition of 
space, the affected passenger shall be entitled to the remedies in the preceding 
paragraph. The requesting agency shall reimburse the air carrier of the costs it 
incurred in compensating affected passengers. 


 
 
 
d)   In the case where 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, such passenger shall not be entitled to any relief 
provided under this Act. 
  
Sec. 30. Priority in Filling-up of Empty Seats in the Air Carrier’s Next Flight. – 
Before the vacant seats in a particular flight of the air carrier can be given to chance 
passengers, the same shall be offered first to the bumped-off passengers of the air 
carrier’s preceding flight or flights and thereafter to the air carrier’s chance passengers 
and to the bumped-off passengers endorsed by another air carrier.  
 
Sec 31.  Right to Compensation for Delayed, Lost, and Damaged Baggage. A 
passenger shall have the right to have his/her baggage carried on the same flight that 
such passenger takes, subject to considerations of safety, security, or any other legal 
and valid cause. 
 
a) 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 will readily know of the off-loading (i.e. 
that his/her baggage has been off-loaded and the reason therefor). If the passenger’s 
baggage has been off-loaded, the air carrier should make the appropriate report and 
give the passenger a copy thereof, even if it had already announced that the baggage 
would be on the next flight. 
 
The air carrier shall carry the off-loaded baggage in the next flight with available 
space, and deliver the same to the passenger either personally or at his/her residence. 
For every twenty-four (24) hours of delay in such delivery, the air carrier shall tender 
an amount equivalent to the rates approved by the CAB that shall not be less than 
Two Thousand Pesos (P2,000.00), as compensation for the inconvenience the latter 
experienced.  A fraction of a day shall be considered as one day for purposes of 
calculating the compensation. 
 
For the purposes of this section, the twenty four (24)-hour period shall 
commence one (1) hour from the arrival of the original flight of the passenger. 
 
b) Should such baggage, whether carried on the same or a later flight, be lost 
or suffer any damage attributable to the air carrier, the passenger shall be 
compensated in the following manner: 
 
1) For international flights, the relevant convention shall apply. 
 
2) For domestic flights, upon proof, a maximum amount equivalent to half of 
the amount in the relevant convention (for international flights) in its 
Philippine currency equivalent. 
 
For compensation purposes, a passenger’s baggage is presumed to have been 
permanently and totally lost, if within a period of seven (7) days, counted from the time 
the passenger should have received the same, the baggage is not delivered to the 
passenger or consignee.   
 


 
 
 
Sec. 32. Compensation for Death and Bodily Injuries. –  
a) In the 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) For domestic flights, the passenger shall be entitled to the compensation 
under the contract of carriage or the provision of applicable convention, in its Philippine 
currency equivalent, whichever is higher.  
 
CHAPTER IV 
RIGHTS, DUTIES AND OBLIGATIONS OF THE AIR CARRIERS 
 
Sec. 33. Prevention of Harm to Passengers and Maintenance of Aircraft. – The 
air carrier shall prevent harm and hazards to passengers by ensuring that it follows all 
regulations 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. 34. 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 for a flight nearing check-in deadline to facilitate 
the checking-in of passengers at least an hour before the published ETD. 
 
 
 
Sec. 35. Special Accomodation of PWDs, Persons with Special Needs, Senior 
Citizens, Pregnant Women and Unaccompanied Children. – To ensure that the full 
enjoyment of the rights enumerated under this Act, the provisions of the following laws 
and their implementing rules and regulations, whenever 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 Bilang 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 requiring special 
needs, pregnant women and unaccompanied children. 
Air carriers and its agents, in coordination with the agencies charged with 
protecting the rights and welfare of the abovementioned passengers, shall implement 
a system allowing this group of person 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, when airport facilities allow, air carriers shall designate at least 
one (1) check-in counter dedicated to persons with disabilities (PWDs), senior citizens, 
persons requiring special assistance, pregnant women, and unaccompanied children 
between 7 and 15 years old. 
 
Sec. 36. 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, 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 compensation;  
c) Provide the interested passengers or volunteers the options under Section 
29 hereof, which shall always include priority booking in the next flight with available 
space and/or cash incentive. 
No flight shall be delayed pursuant to the settlement of the air carrier’s 
obligation under this Section. 
 
Sec. 37. Duty of the Air 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, the air carrier shall provide the necessary transportation for ferrying the 
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 certain a right of a passenger has been violated, 
the applicable provisions of this Act shall govern the rules on remedies and 
compensation.   
 
Sec. 38. Provision of Assistance Desk. – Air carriers shall provide Customer 
Service Representatives (CSR) who can address common problems on the spot which 
includes arranging for meals, hotel rooms and accommodation for stranded 
passengers, arrange luggage resolutions, and settle other routine claims or 
complaints. 
 
 
 
Sec. 39. 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 cannot carry 
the passengers due to operational requirement, aircraft maintenance, and other similar 
situations. 
 
CHAPTER V 
OBLIGATION OF THE CAAP, CAB AND AIRPORT OPERATORS 
 
 
Sec. 40. 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 
particular airport shall be proportionate to the volume of passengers who are checking-
in for a particular flight.    
 
Sec. 41. 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. 


 
 
 
 
Sec. 42. 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. 43. Amicable Settlement. – The passenger and air carrier shall exhaust all 
efforts toward settling their disputes amicably in accordance to the provisions set forth 
in this Act. If no amicable settlement reached, the government, through the CAB, may 
take cognizance of the case. 
 
 
CHAPTER VI 
PENAL PROVISIONS 
 
Sec. 44. 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 
Philippines, Republic Act no. 7394 or the Consumer Act of the Philippines, Republic 
Act No. 9442, Batas Pambansa Bilang 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 shall, after due hearing, be a ground for suspension of its license to 
operate. 
Grave and repetitive violations after the lifting of the suspension license to 
operate shall be a ground for revocation of such license to operate. 
 
Sec. 45. Review of Penalties. – The Department of Transportation, Department 
of Trade and Industry (DTI), CAAP and the CAB shall, after three (3) years from the 
effectivity of this Act and every three (3) years thereafter, review the applicability and 
enforcement of the provision of this Act and shall initiate amendment as may be 
necessary. 
 
CHAPTER VII 
FINAL PROVISIONS 
  
 
 
Sec. 46. Implementing Rules and Regulations. – Within 90 days from the 
effectivity of this Act, the DOTC, DTI, CAAP and the CAB, in consultation with 
accredited passenger organizations shall, promulgate the necessary rules and 
regulations to effectively implement the provisions of this Act. 
 
Sec. 47. Congressional Oversight Committee. - A Congressional Oversight 
Committee, hereinafter referred to as the "Committee", is hereby constituted. The 
Committee shall be composed of the Chairman of the Senate Committee on Public 
Services and 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 
monitor and ensure the implementation of this Act.  The Committee is also empowered 
to require DOT, DTI, CAAP and CAB, to submit all pertinent information including, but 


 
 
 
not limited to, complaints filed by the passengers and the complaints resolved by the 
air carriers and the CAB.  
The Congressional Oversight 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. 
 
Sec. 48. Appropriations. - The Secretary of Transportation shall immediately 
include in the Department’s program the needed operational requirement in upholding 
of 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.49. 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. 50. 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. 51. Effectivity. - This Act shall take effect fifteen (15) days after its 
complete publication in at least two (2) newspapers of general circulation.