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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL No.  ___ 
-------------------------------------------------------------------------------------------------------- 
Introduced by  
ACT Teachers Party-List Rep. FRANCE L. CASTRO,  
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,  
and KABATAAN Party-List Rep. RAOUL DANNIEL A. MANUEL 
-------------------------------------------------------------------------------------------------------- 
AN ACT 
PROVIDING FOR THE MAGNA CARTA OF AIRLINE PASSENGERS, 
IMPOSING OBLIGATIONS ON AIR CARRIERS 
AND PENALIZING ACTS IN VIOLATION THEREOF 
EXPLANATORY NOTE 
This Bill seeks to refile past versions of the proposal for An Act Providing for 
the Magna Carta of Airline Passengers Rights, Imposing Obligations on Airline 
Companies, Providing For Penal Sanctions, and for other Purposes, originally filed by 
Bayan Muna Party-list Representatives Neri Javier Colmenares and Carlos Isagani T.  
Zarate during the 16th Congress.  The same House Bill 5361 was one of the mother bills 
made as main reference for the Consolidated House Bill 6191, entitled  An Act 
Providing for the Protection of the Rights of Airline Passengers and Penalizing Acts in 
Violation Thereof that was approved on Third Reading, likewise during the 16th 
Congress. 
Air travel has become an indispensable mode of conveying passengers and goods 
in the Philippines.  As a common carrier, an airline company assumes the express 
obligation to transport passengers to their destination safely and to observe 
extraordinary diligence in the conduct of their business.  Providing safe, efficient, and 
convenient service to its customers is therefore a strictly construed obligation of an 
airline company. 
However, despite increasing profits from a growing air industry business, airline 
companies have wantonly disregarded passengers’ rights, confident that Filipino airline 
passengers do not generally demand for remedies against abuse due to the expensive 
and tedious legal processes that normally favor the rich and the powerful and not the 
January 9, 2023
8:00 am
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victims.  It is a widely known fact that, among other problems, long queues in check-in 
counters, delayed flights, or even sudden cancellations of flights, to name a few, 
continue to be prevalent in all airports in the country.  This problem has been plaguing 
airline passengers for decades.  
In 2012, the government issued DOTC-DTI Joint Administrative Order 01-2012, 
providing for the Bill of Rights of Air Passengers and Airline Obligations, supposedly 
to address these problems.  However, airline passengers continue to experience the same 
long queues, delays, overbooking, cancellation, diversion of flights, and other 
unnecessary inconveniences.  The problems again came to the fore in the last quarter of 
2014 and culminated during the 2014 holiday season despite the JAO 01-2012, which 
means that the said Order has failed to protect the rights of airline passengers and is 
bereft of sufficient penalties to sanction airline companies. 
Worse, legal recourse for passengers against airline companies have proved 
difficult and costly, practically rendering ineffective their rights under the Warsaw 
Convention, the Montreal Convention, and other international law norms that provide 
remedies for violation of air passengers’ rights. This only emboldened airline 
companies in disregarding passengers rights in their drive for mega profits.  The 
government and its regulatory bodies have remained helpless and ineffective in 
providing relief for victims of airline abuse.  
Republic Act 776 and its amendatory laws, PD 1462, Civil Aeronautics Board 
(CAB) regulations, and other laws no longer suffice to protect air passengers’ rights.  
Any legislation providing for piecemeal response will not provide lasting solutions.  A 
more comprehensive legislation on passengers’ rights to ensure protection of passengers 
rights has become an imperative. 
There is a need for a law that will provide for the rights of airline passengers and 
impose obligations on airline companies to ensure safe, convenient and affordable travel 
for the people.  Said law should penalize airline companies for violation of air 
passengers’ rights in order to put a stop to this persistent and recurring problem.  There 
is a need for a law that will provide victims speedy legal remedy and discourage airline 
companies from disregarding their passengers’ rights.  
Airline passengers who receive compensation and benefits under this proposed 
law may, at their option, also avail of additional compensation or benefits provided 
under international law,  through the regular courts.  The purpose of this special law is 
to provide a less expensive and faster remedy to victims and at the same time serve as 
a warning to airline companies to respect the rights of their passengers.  


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This Bill asks Congress to enact a law that will provide for the Magna Carta of 
Air Passengers rights and for stiffer penal sanctions against airline companies with the 
aim of helping provide for a long-term solution to the problems plaguing airline 
passengers for a long time. Thus, the approval of this proposed legislation is earnestly 
sought. 
________________________________ 
Rep. FRANCE L. CASTRO 
ACT Teachers Party-List 
________________________________ 
Rep. ARLENE D. BROSAS 
GABRIELA Women’s Party 
________________________________ 
Rep. RAOUL DANNIEL A. MANUEL 
KABATAAN Party-List 


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL No.  ___ 
-------------------------------------------------------------------------------------------------------- 
Introduced by  
ACT Teachers Party-List Rep. FRANCE L. CASTRO,  
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,  
and KABATAAN Party-List Rep. RAOUL DANNIEL A. MANUEL 
-------------------------------------------------------------------------------------------------------- 
AN ACT 
PROVIDING FOR THE MAGNA CARTA OF AIRLINE PASSENGERS, 
IMPOSING OBLIGATIONS ON AIR CARRIERS, AND PENALIZING ACTS 
IN VIOLATION THEREOF 
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 and cited as The Magna Carta 
for Air Passengers.  
SEC. 2. Declaration of Policy. – It is hereby declared 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 air carriage. The State shall adopt the generally-accepted principles of 
relevant international laws to which the country is a signatory.  Pursuant thereto, the 
State shall penalize any act of air carriers which violates the rights of air passengers as 
defined under this Act.  
SEC. 3. Definition of Terms. – As used in this Act: 
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(a) Air Carrier refers to an airline providing transportation services in a contract 
of air carriage; 
(b) Baggage refers to any personal property carried by the passenger which has 
been checked-in with the airline. Off-loaded Baggage refers to checked 
baggage but has either not been put in or been subsequently removed from 
the cargo hold of the carrier;  
(c) Cancellation refers to the act of calling off a flight. This shall include the 
following instances: 
  
(1) Cancellation by the air carrier before the estimated time of departure (ETD) 
whether or not the reason for the cancellation is due to the air carrier’s fault; 
(2) Cancellation by the air carrier after an unduly long delay; and  
(3) Cancellation by the passenger or a situation deemed cancelled as provided 
under this Act.  
 
(d) Check-in Deadline refers to a reasonable point in time before the published 
ETD as may be prescribed by the Civil Aeronautics Board (CAB) at which a 
passenger may physically present travel documents 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 
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;  
(f) Confirmed Reserved Seat refers to a seat on a specific date and on a specific 
flight and class of service of a carrier, which has been requested by a 
passenger, and which the carrier or its agent has verified, by appropriate 
notation on the ticket, as being reserved for the accommodation of the 
passenger; 
(g) Convention refers to the applicable international agreement, convention, or 
treaty on carriage of goods or persons by air;  
(h) Delay refers to 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;  
(i) 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 


 
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reconfirmation procedures, and the carrier’s tariff requirement, was not 
allowed to board the aircraft;  
(j) Denied Check-in refers to a situation where a passenger, who has physically 
presented travel documents to an air carrier’s check-in counter checked in at 
the appointed area and at the appointed time, is denied or is not processed for 
boarding a particular flight;  
(k) 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, is not discounted, and offers the advantage 
of cancellation, changing flight time or schedule, rerouting, or rebooking, by 
the passenger, whether for a fee or penalty, or not. Promotional fare is any 
fare that is generally lower than a regular fare and is offered for a specific 
period. This includes offers of “no frills” fare, wherein the nonessential 
features for flights such as free food and drinks onboard flights have been 
removed to keep the price low, and discounted fares which require prior 
approval by the CAB;  
(l) Free Tickets refer to tickets provided by carriers to passengers, tickets 
available for free to employees, and tickets claimed based on mileage, which 
do not have confirmed status, are subject to space availability, and do not 
qualify as either regular or promotional fare;  
(m) 
General Sales Agent means a person who is not a bonafide employee of 
an air carrier, and who as authorized by the air carrier, by itself or through an 
agent, sells or offers for sale any air transportation, or negotiates for, or holds 
out by solicitation, advertisement or otherwise as one who sells, provides, 
furnishes, contracts, or arranges for, such air transportation;  
(n) Government Requisition of Space refers to a formal request by the 
government or its agencies to an air carrier for the use of an aircraft, or any 
part thereof, for regulatory, safety, security, and emergency purposes. Such 
request shall be submitted by the requesting agency to the CAB which, in 
turn, shall make a request to the air carrier concerned, detailing the number, 
identities and affiliation of the persons requesting for space and the date, time 
and destination of the flight;  
(o) No 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;  
(p) 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;   


 
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(q) Overbooking refers to the practice by air carriers of selling confirmed 
reserved seat beyond the actual seat capacity of the aircraft. This shall include 
a situation wherein an air carrier downgrades an aircraft for grounds other 
than safety or unforeseen operational reasons that results in the bumping off 
of passengers;  
(r) Passenger refers to a person actually travelling by air. A person who is 
named in the flight ticket shall be considered a passenger for the purpose of 
this Act;  
(s) Person with Disability or PWD refers to those who have long-term 
physical, mental, intellectual, or sensory impairments, which, in interaction 
with various barriers, may hinder their full and effective participation in 
society on an equal basis with others;  
(t) 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 or non-scheduled services;  
(u) Sales Promotion refers to the techniques intended for broad consumer 
participation which contain promise of gain, such as prizes, in cash or in kind, 
as reward for the purchase of a product, security, service or winning in a 
contest, game, tournament, and other similar competitions which involve 
determination of winner/s and which utilize mass media and widespread 
media of information. It also means techniques purely intended to increase 
the sales, patronage and goodwill of a product; and  
(v) Scheduled Services refer to an arrangement wherein an air carrier follows a 
fixed, regular, and published timetable and routes and which does not have 
flexibility in terms of time, schedules, routes, and choices of airports and 
similar operational characteristics. 
 
SEC. 4. Scope of Application. – This Act shall apply to all aspects of contract of air 
carriage for flights or portions of a flight, within the territory of the Philippines or from 
the territory of the Philippines, operated by Philippine-based air carriers, flights or 
portions of a flight from the territory of the Philippines operated by foreign air carriers, 
as well as charter flights and the conduct of individual ticketing: Provided, That the 
compensation provisions of this Act shall not apply to air carriers flying into the 
territory of the Philippines if the laws of the country of origin provide similar or higher 
compensation.  
 
SEC. 5. Applicability of International Laws and Pertinent Conventions. – In case 
of conflict between the provisions of this Act and the provisions of any treaty or 
convention where the Philippines is a signatory, the provisions of the latter shall prevail. 
Where the Philippines is not a signatory, the provisions of any treaty or convention shall 


 
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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 passenger or one’s baggage, if any, from one place to 
another, through airspace, without any damage or injury upon the latter’s person, or 
loss, damage or unreasonable deterioration of his baggage, if any, and when the 
passenger obliges oneself to pay a just and reasonable air fare.  
 
SEC. 7. Perfection of the Contract of Carriage. – The contract of air carriage is 
perfected from the moment the air carrier and the passenger gives their respective 
consent to the said agreement.  There is consent when the air carrier issues a 
confirmation of airline ticket in favor of a passenger, who accepts and holds it in his/her 
possession, with the corresponding full payment of the fare by said passenger.  
 
SEC. 8. Diligence Required of the Carrier. – Air carriers, due to the nature of air 
transportation, it being imbued with public policy and interest, are obliged to observe 
extraordinary diligence in the performance of their obligations under the contract of air 
carriage. Air passengers are required to observe ordinary diligence while the contract 
of air carriage is effective.  
 
SEC. 9. Presumption of Negligence. – In case of damage or injury to the person of the 
air passenger, or loss, damage, or unreasonable deterioration of his/her baggage, if any, 
the air carrier shall be presumed negligent, unless it proves that it exerted extraordinary 
diligence to avert the same. Diligence observed in the selection and supervision of 
employees shall not be a defense to rebut this presumption. In the case of carriage of 
goods and baggage, the presumption of negligence shall not apply if the loss, damage, 
or unreasonable deterioration is caused or occasioned by any of the following:  
 
(1) Flood, storm, earthquake, lightning, or other natural disaster or calamity;  
(2) Act of the public enemy in war, whether international or civil;  
(3) Act or omission of the shipper or owner of the baggage/goods;  
(4) The character of the goods or defects in the packing or in the containers; and 
(5) Order or act of competent public authority.  
 
SEC. 10. Cancellation. – An air carrier may cancel a flight for any of the following:  
 


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(1) Infrastructure limitation as certified by the CAAP;
(2) Safety reasons due to a technical problem;
(3) Security reasons; or
(4) During the occurrence of a fortuitous event. The passengers affected may
avail of such applicable remedies as provided under this Act.
SEC. 11. Overbooking. – Overbooking shall not be allowed for all air carriers. 
SEC. 12. Construction. – In case of doubt, the contract of air carriage shall be 
construed 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 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, and for death and injuries and lost, delayed or
damaged baggage;
(f) Air carrier’s liability limitations;
(g) Procedures for claims against the carrier;
(h) Services and amenities provided by the air carrier; and
(i) Other crucial and necessary conditions of the contract of carriage.
SEC. 14. Method of Disclosure. – An air carrier shall cause the disclosure under the 
immediately preceding section to be printed on or attached to the passenger ticket, 
boarding pass, or incorporate such terms and conditions of carriage by reference.  


 
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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 a passenger upon 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 purchaser.  
 
In case of online booking, the air carrier must establish a system wherein a 
purchaser is fully apprised of the required disclosures under this section twice prior to 
the final submission of an online offer to purchase. The first disclosure shall include the 
full information to which the passenger has a right of access and disclosure. The second 
disclosure before the final submission of an online offer to purchase shall substantially 
include the following message, in English and Filipino: 
 
By confirming purchase of this ticket, you agree to the terms and conditions 
which include:  
 
(a) Refund policy;  
(b) Rebooking policy;  
(c) No-Show policy; and  
(d) Other important information specific to the ticket purchased.  
 
Sa pagpili ng tiket na ito, kayo ay sumasang-ayon sa mga kondisyon at 
restriksyon kabilang na ang:  
 
(a) Panuntunan sa pagsasauli ng ibinayad;  
(b) Panuntunan sa pagpalit ng tiket;  
(c) Panuntunan sa hindi pagdating sa tamang oras; at  
(d) Iba pang importanteng impormasyon ukol sa ticket.  
 
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.  
 


 
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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; Government taxes and fuel surcharges; 
(c)  Other fees and charges;  
(d) Contact details of the carrier which include phone numbers, websites, emails, 
and online accounts;  
(e) Other information that is necessary to apprise the passenger of the conditions 
and full price of the ticket which may include incorporation by reference of 
websites and other available information portal or office where the passenger 
can read or ask the full terms and conditions of the fare and the air passenger 
bill of rights; and  
(f) 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. – A passenger 
shall have the right to fair and reasonable fare and to receive the full value of the services 
that they purchased. An air carrier shall not deny nor diminish any service that an air 
passenger has paid for. However, an air carrier may upgrade its services in favor of a 
passenger free of charge, subject to the consent of the passenger.  
 
This right includes the convenience on the part of the passenger during the flight.  
 
SEC. 17. Right to Mandatory Fare Discount. – All 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 that they are senior citizens, PWDs or students. Competent proof includes 
passport,  government-issued identification cards, licenses or school identification 
cards.  
 


 
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To avail of the discount, a student, at the time of the purchase of the airline ticket, 
must be enrolled in preschool, elementary, secondary or collegiate school or institution, 
whether academic, vocational or technical, duly recognized by the government. For the 
purpose of this Act, it does not include those taking up post-graduate courses like 
medicine, law and masteral and doctoral degrees as well as short-term courses and 
seminars and classes like dancing, singing and driving lessons. 
  
Qualified senior citizens, PWDs and students are likewise exempt from the 
payment of the value-added tax.  
 
Where the air carrier offers promotional fares, the fare that is more beneficial 
between the discounted fare and the promotional fare shall be given to the passenger.  
 
For purposes of taxation, the discounts herein imposed shall be allowed as 
deduction on the gross income of the air carrier.  
 
SEC. 18. Right to Refund. – Every passenger holding a refundable airline ticket shall 
have the right to the refund of fares. This includes the refund of other fees such as 
checked baggage fees and other optional service fees such as insurance, and seat 
selector fee, if any.  
 
SEC. 19. Right to Cancel a Flight. – If the passenger cancels the confirmed flight more 
than twenty-four (24) hours before the ETD, the passenger shall be reimbursed seventy-
five percent (75%) of the cost of the ticket less charges for ancillary services, 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 fees and terminal fees. 
If the passenger cancels the confirmed flight twenty-four (24) hours or less 
before the ETD, or does not show up altogether, the ticket shall be considered flown; 
there shall be full reimbursement of the charges for ancillary services not availed of 
including, but not limited to, baggage fees and terminal fees.  
 
SEC. 20. Right to Rebook a Flight. – Every passenger who was fully and truthfully 
informed that the ticket purchased is rebookable shall have the right to rebook the flight 
in accordance with the terms and conditions set forth in the rebooking policy.  
 
SEC. 21. Right to be Processed for Check-in. – A passenger holding a confirmed 
ticket, whether under a promotional or regular scheme, with complete documentary 
requirements, and who has complied with the air carrier’s check-in procedures, shall be 
processed accordingly at the check-in counter within the check-in deadline. For this 


 
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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, and subject to infrastructure limitations, clearly 
designate the boundaries of its assigned check-in areas or counters in a manner 
convenient to the passengers.  
 
The air carrier shall ensure that all its passengers for a particular flight, including 
those who are in queue prior to the check-in deadline have already checked-in before 
accepting passengers from previously delayed or cancelled flights, and chance 
passengers, in that order, when there are still seats available. 
  
SEC. 22. Right to Board Aircraft for the Purpose of Flight. – Except when the 
passenger is at fault, or due to legal or valid causes such as immigration issues, safety, 
security, and health concerns when there is a 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. 23. Right to Equal Protection. – Every passenger is entitled to all the rights set 
forth in this Act and in all aspects of the contract of carriage regardless of race, sex, 
gender, education, income, social status, language, physical characteristics, mental 
characteristics, sensory impairments, age, religion, marital status, political belief, and 
other circumstances. No air carrier shall deny a passenger from enjoying the rights set 
forth in this Act because of criminal or summary convictions, or a previous grievance 
against the air carrier.  
 
SEC. 24. Right to be Respected. – Air passengers shall have the right to be respected 
at all times by the air carrier. Airline employees and crews shall serve passengers with 
utmost courtesy and respect. 
 
SEC. 25. Right to Baggage and Property Security.— A passenger shall have the right 
to be secured of his/her baggage and property, particularly during the process of 
baggage screening. Airport authorities, the Civil Aeronautics Board (CAB) and the 
Civil Aviation Authority of the Philippines (CAAP) shall have the responsibility to 
ensure observance of this right and making passengers safe from schemes and/or 


 
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practices that violate this provision.  In this regard, the airport authorities, CAB and 
CAAP shall ensure the provision of sufficient security and screening personnel, 
equipment and facilities, charged within their respective appropriations and sources of 
funding.  
 
D. RIGHT TO SAFETY 
 
SEC. 26. Access to Emergency Measures, Medical Assistance, Safety Devices and 
Essential Services. – A passenger has a right to have access to and to use emergency 
and safety devices, medical assistance, and proper application of first aid procedures 
during emergency situations or when the passenger’s health requires it. Air carriers shall 
train flight personnel and crews in handling and responding to emergency situations and 
shall provide at least one (1) flight crew who is certified to be trained in the application 
of first aid procedures. An air carrier shall always inform its passengers of emergency 
measures in cases of evacuation before the start or during the first hour of the flight.  
 
A passenger has a right to disembark from an aircraft when in the passenger’s 
determination, continuing the journey or being onboard the aircraft constitutes a risk to 
health. The air carrier shall consult with the passenger who wishes to disembark and 
determine whether it is to the best interest of the passenger to deplane. A passenger shall 
have access to essential services such as adequate food and potable water, clean and 
safe lavatory facilities, and cabin ventilation and comfortable cabin temperatures.  
 
E. RIGHT TO REDRESS AND COMPENSATION 
 
SEC. 27. Right to Bring Action, Satisfaction or Relief of a Wrong or Injury. – Every 
passenger has a right, without fear of retribution, to take action against the air carrier 
for any wrong or injury caused to the passenger by reason of the contract of carriage 
under this Act and applicable treaties or conventions.  
 
SEC. 28. 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/her person, and loss or deterioration to one’s 
baggage and property, as the case may be. Compensation under this Act does not 
preclude the passengers to seek redress in a court for damage caused by any violation 
of the rights of the passenger as provided for by this Act or any other laws or treaties 
concerning air transportation.  
 
An air carrier liable for any of the required compensation provided under this 
Act shall make the same available to the affected passenger at the air carrier’s counters 


 
15 
 
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 reckoned from 
the time of the expiration of the said period, unless the non-payment is prevented by a 
legal cause.   
 
SEC. 29. 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 
recource, 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 or the airport operators, a passenger shall have the 
right to:  
 
(1) Be notified via public announcement of the reason for the delay and the ETD as 
soon as this information is available; 
(2) Be provided a minimum level of care immediately, on the spot at 
terminals/stations while waiting for the beginning or the continuation of the 
delayed journey;  
(3) Be offered free of charge: (i) sufficient meals and refreshments in a reasonable 
relation to the waiting time; (ii) free phone calls, text messaging, fax, emails, or 
other means of communications; (iii) free internet access; and (iv) first aid, 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 unaccompanied children; and  
(4) Declare that he/she is cancelling his/her reservation and ask for refund or 
rebooking in accordance with Sections 18 and 20 hereof; or ask for endorsement 
to another carrier.  
 
In case the flight is delayed for at least three (3) hours after ETD for 
causes attributable to the carrier, the flight shall be deemed cancelled and the 
affected passenger shall be entitled to the remedies provided under Section 29(a).  


 
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(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 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 one (1) hour, the air carrier shall give the affected passengers free food and 
beverages.  
 
If the said delay is due to the air carrier’s negligence, it shall be liable to pay 
damages to the air passenger amounting to ten thousand pesos (P10,000.00) or the 
actual damages suffered, whichever is higher. 
  
In the case of a multi-sector journey where the air carrier is at fault, in addition 
to the rights and entitlements stated under this section, a passenger shall be entitled 
to an additional compensation at a rate which is equivalent to at least the value of 
the sector cancelled by reason of the delay: Provided, That, in case of connecting 
flights with other carrier, 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 cancelled, if the passenger is endorsed to another 
carrier and the passenger is able to complete his/her journey.  
 
SEC. 30. Rights of a Passenger for Cancelled Flights or Flights Deemed Cancelled. 
– A passenger has a right to compensation in cases of flight cancellation subject to the 
following rules:  
 
(a)If a flight is cancelled due to a cause attributable to air carrier, a passenger 
shall have the right to: 
 
(1) Be notified beforehand or as soon as possible of the situation via public 
announcement, written/published notice and flight status update service 
either through text or electronic mail; 


 
17 
 
(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 phone calls, text messaging, fax, emails, or other 
means of communications, free internet access, and first 
aid, if necessary. In applying this provision, the air 
carrier shall pay particular attention to the needs of 
persons with reduced mobility and any person 
accompanying them, as well as to the needs of 
unaccompanied children; 
 
(4) Subject to the provisions of Sections 10 and 19 hereof, be reimbursed within 
five (5) days, either by cash, by electronic bank transfer, bank orders or bank 
cheques or with the signed agreement of the passenger, in travel vouchers 
and/or other services of the full cost of the ticket at the price at which it was 
bought, for the part or parts of the journey not made and for the part or parts 
already made if the flight is no longer serving any purpose in relation to the 
passenger’s original travel plan, together with, when relevant, a return flight 
to the first point of departure, at the earliest opportunity. If payment is made 
through credit card, the reimbursement should be credited back to the payor’s 
credit card account within seven (7) days without additional cost to the 
passenger. 
(5) Be endorsed to another air carrier without paying any fare difference, at the 
option of the passenger, and provided that space and other circumstances 
permit such re-accommodation; or 
(6) Rebook the ticket without any additional charge.  
(a) In the case of multi-sector journey, in addition to the rights and 
entitlements stated under this section, a passenger shall be entitled to an 
additional compensation at a rate which is equivalent to at least the value of 
the sector cancelled by reason of the cancellation.  


 
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(b) In case the carrier cancels the flight because of force majeure, safety, 
and/or security reasons as certified by the CAAP, a passenger shall have the 
right to:  
(1) Rebook the trip to another trip in the future, subject to the payment of the 
fare difference, if any;  
(2) Reimbursement of the value of the fare;  
(3) Endorsement to another airline, at the option of the passenger.  
This provision shall be the minimum entitlement of a passenger in case of 
cancellation and shall not prohibit the air carrier from granting more 
favorable conditions or recourses as it may deem appropriate. 
 
 SEC. 31. Rights of Passengers Denied Boarding. – A passenger who has checked-in 
for a particular flight cannot be barred from boarding the aircraft except for legal or 
other valid causes such as immigration issues, safety, security, and health concerns.  
 
In a case where 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 cancelled 
and the compensation shall be governed by the following rules:  
 
(a) If the denial of boarding the aircraft is by reason of overbooking, aircraft 
downgrading, the passenger concerned shall be compensated in accordance with the 
provisions of Section 29(a) hereof; 
(b) If the denial of boarding the aircraft is for some legal or justifiable reason 
relating to the security or safety of other passengers or applicable regulations as 
sanctioned by the CAAP or legal order of other authorities, the passenger concerned 
shall be entitled to refund, rebooking or endorsement to another carrier subject to 
payment of fare difference or any administrative charges when applicable;  
 
(c) If the denial of boarding the aircraft is due to government requisition of space, 
the affected passenger shall be compensated and shall be entitled to the remedies in the 
preceding paragraph with the cost chargeable against the air carrier subject to 
reimbursement by the requesting agency if allowed; and  
 
(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.  
 


 
19 
 
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 unaccompanied children shall be given preference against denied boarding.  
 
SEC. 32. Filling-up of Empty Seats. – Vacant seats due to cancellations by the 
passenger and no shows shall be offered by the air carrier, first to the passengers of 
delayed or cancelled flights of the same air carrier or of another carrier, through 
endorsement between the two (2) air carriers. If there are still empty seats remaining, it 
shall then be offered to the chance passengers.  
 
SEC. 33. Loss, Damage, and Delay of Baggage. – Every passenger has a right to 
compensation for any loss, damage, or delay of baggage attributable to the fault of the 
air carrier. Compensation for loss of baggage shall be in the following amounts:  
 
i. For international flights, twenty dollars (USD20) per kilo for checked-
in baggage and four hundred dollars (USD400) for hand-carried 
baggage. 
ii. For domestic flights, the equivalent amount in pesos shall apply.  
A passenger’s baggage is presumed lost if, within a period of seven 
(7) days counted from the time the passenger or consignee should have 
received the same, the baggage is not delivered to said passenger or 
consignee.  
Once the baggage is declared to be permanently lost in case of 
domestic flights, the provisions set in the contract of carriage shall 
apply in the valuation of lost belongings. In case of international 
flights, the limits set by the Warsaw Convention or the Montreal 
Convention, whichever is applicable, shall apply.  
In case a checked-in baggage has been off-loaded for operational, 
safety, or security reasons, the air carrier shall inform the passenger at 
the soonest practicable time and in such manner that the passenger 
shall readily know of the off-loading that his/her baggage has been 
off-loaded and the reason thereof. If the passenger’s baggage has been 
off-loaded, the air carrier shall make the appropriate report and give 
the passenger a copy thereof, even if it announced that the baggage 
shall be on the next flight.  
The air carrier shall carry the off-loaded baggage in the next flight 
with available space, deliver the same to the passenger either 
personally or at his/her residence and tender an amount of one 
thousand pesos (P1,000.00) for every two (2) days of late delivery, as 


 
20 
 
compensation for the inconvenience. The passenger shall also have a 
right to the refund of the checked baggage fees if the baggage was not 
delivered to the passenger within twenty-four (24) hours from the 
arrival of flight.  
Air carriers are liable for provable consequential damages up to the 
amount of their liability limit in connection with the loss and delay in 
the delivery of baggage, in accordance with the limits set by the 
Warsaw Convention or the Montreal Convention, whichever is 
applicable.  
Damaged baggage shall be compensated at one hundred pesos 
(P100.00) per kilogram if it is in a domestic flight unless the passenger 
has declared a higher valuation of the baggage at check-in time. For 
international flights, item (i) under this paragraph shall apply.  
 
SEC. 34. 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 subject 
to the provisions of the contract of carriage or the compensation as provided in 
the provisions of the relevant convention, in its Philippine currency equivalent, 
whichever is higher.  
 
SEC. 35. 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 
 
SEC. 36. Prevention of Harm to Passengers and Maintenance of Aircrafts. – An air 
carrier shall prevent harm and hazard to passengers by ensuring that it follows all 
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. 37. Designation of an “All-Flight” or “Per Route” Counters. – Air carriers 
may operate all-flight counters which will serve passengers without regard to 


 
21 
 
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. 38. Special Accommodation of PWDs, Persons with Special Needs, Senior 
Citizens, Pregnant Women and Unaccompanied Children. – To ensure the full 
enjoyment of the rights enumerated under this Act, the provisions of the following laws 
and their implementing rules and regulations, whenever 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 with 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 persons enough and convenient opportunity to comply 
with aviation requirements and their special needs, facilities, and assistance by reason 
of their individual circumstances throughout the flight.  
 
For this purpose, air carriers shall designate at least one (1) check-in counter 
dedicated to persons with disabilities (PWDs), senior citizens, persons with special 
needs, pregnant women, and unaccompanied children between seven (7) and twelve 
(12) years old.  
 
SEC. 39. 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; 


 
22 
 
(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 passengers or volunteers a list of amenities and offers from 
which they can choose, which shall always include priority booking in the next 
available flight and/or cash incentive; and 
(d) In cases the number of volunteers is not enough, the air carrier shall increase the 
compensation package by a certain degree by adding more amenities/services 
until the required number of volunteers is met.  
 
No flight shall be delayed pursuant to the settlement of the air carrier’s obligation 
under this section. 
   
SEC. 40. Duty of the Carrier in the Event of Flight Deviation. – Flight deviation 
happens when there is a change in the airport of origin or destination. If such is the case, 
an air carrier shall provide the necessary transportation to ferry a passenger from the 
originally-designated airport of departure to the actual airport of departure or from the 
airport of actual destination to the airport of the originally-designated destination, as the 
case may be.  
 
If, by reason of the deviation, a certain right of a passenger has been violated, 
the applicable provisions of this Act shall govern the availment and grant of remedies 
and compensation.  
 
SEC. 41. Provision of Assistance Desk. – Air carriers shall provide Customer Service 
Representatives (CSR) who can address common problems on the spot, which include 
arranging for meals, hotel rooms and accommodation for stranded passengers, write 
checks for denied boarding compensation, arrange luggage resolutions, and settle other 
routine claims or complaints. In addition, the CAB shall provide 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 the complaint.  
 
SEC. 42. Remedies of the Passengers. – Every passenger whose right provided in this 
Act is violated shall have the following remedies:  
(a) Go to the CSR of the air carrier at their designated counter. Ask for two (2) copies 
of the report form and write the nature of the complaint.  
(b) Submit the forms to the CSR and get acknowledgment receipt. Give one (1) copy 
to the CSR for processing.  
(c) Give the other copy at the Complaints and Assistance Desk (CAD) of CAB or 
CAB-deputized personnel at the airport and attach the report form from the air 
carrier on the report form from the CAB. 


 
23 
 
(d) Get acknowledgment receipt of complaint from the CAB. 
(e) Get resolution slip from the air carrier’s CSR and attach it on the CAB report 
form and submit it to the CAB-CAD.  
(f) If the case is not resolved, go to the CAB-CAD and report the  incident together 
with documents, and other evidence, to support the claim.  
 
SEC. 43. 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.  
 
SEC. 44. Immediate Reporting of Off-loaded Checked Baggage. – In case a checked 
baggage has been off-loaded for operational, safety, or security reasons, the air carrier 
shall inform the concerned passenger, at the soonest practicable time and in such 
manner that the passenger shall readily know of such off-loading and the reason thereof. 
If the passenger’s baggage has been off-loaded, the air carrier shall make the appropriate 
report and give the passenger a copy thereof, even if it announced that the baggage shall 
be on the next flight.  
 
 
CHAPTER V 
OBLIGATION OF THE CAAP, CAB AND AIRPORT OPERATORS 
 
SEC. 45. 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. In no case shall the queue exceed twenty (20) persons per 
check-in counter.  
 
SEC. 46. 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.  
 


 
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SEC. 47. Liability of Airport Operators/Authorities. – In cases of flight cancellation, 
delay, death or injury of a passenger, loss or deterioration to one’s baggage and 
property, and such other violations of a passenger’s security, as the case may be, that 
are attributable to the airport authority/operator, a passenger has a right to be 
compensated and be granted of remedies and relief in accordance with the applicable 
provisions of this Act.   
 
SEC. 48. Complaints Desk. – The CAB shall provide the necessary personnel to cater 
the 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 
 
SEC. 49. Amicable Settlement. – A passenger and air carrier shall exhaust all efforts 
toward settling dispute amicably in accordance with the provisions set forth in this Act. 
If no amicable settlement is reached, the government, through the CAB, may take 
cognizance of the case.  
 
CHAPTER VII 
PENAL PROVISIONS 
 
SEC. 50. 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, 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.  
 
SEC. 51. Review of Penalties. – The CAB, in coordination and consultation with the 
DOTR, Department of Trade and Industry (DTI) and CAAP shall, after three (3) years 
from the effectivity of this Act and every three (3) years thereafter, review the 


 
25 
 
applicability and enforcement of all foregoing pecuniary penalties and initiate actions 
for amending or upgrading the same as may be necessary in accordance with law.  
 
CHAPTER VIII 
FINAL PROVISIONS 
 
SEC. 52. Implementing Rules and Regulations (IRR). – Within sixty (60) days from 
the effectivity of this Act, the CAB shall, in coordination with the DOTR, DTI and 
CAAP, and after consultation with accredited passenger organizations, air carriers and 
other directly affected stakeholders, promulgate the necessary rules and regulations to 
effectively implement the provisions of this Act.  
 
SEC. 53. Congressional Oversight Committee. – A Congressional Oversight 
Committee for Air Passenger Rights is hereby constituted in accordance with the 
provisions of this Act. The Committee shall be composed of the Chairman of the Senate 
Committee on Public Services and the Chairman of the House Committee on 
Transportation and four (4) additional members from each House to be designated by 
the Senate President and the Speaker of the House of Representatives, respectively. The 
Committee shall, in aid of legislation:  
(a) Monitor and ensure the proper implementation of this Act;  
(b) Review the collection performance of the Authority; and  
(c) Review the proper implementation of the programs of the Authority and the use 
of its collected fund.  
 
In furtherance of these objectives, the Committee is empowered to require the 
DOTR, DTI, CAAP and CAB, to submit all pertinent information, including complaints 
filed by the passengers and the complaints resolved by the air carriers and the CAB.  
The Committee shall be in existence for a period of five (5) years, and thereafter, 
its oversight functions shall be exercised by the Senate Committee on Public Services 
and the House Committee on Transportation acting separately.  
 
SEC. 54. 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.  
 


 
26 
 
SEC. 55. 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. 56. 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. 57. Effectivity. – This Act shall take effect fifteen (15) days after its publication 
in the Official Gazette or in a newspaper of general circulation.  
 
Approved,