13TH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
e, 54 
S.No. 
785 
I' . 
4 
~ 
INTRODUCED BY HON. MANUEL B. VELAR JR. 
EXPLANATORY NOTE 
The Philippine government pursues the development and utilization of our air 
potential, and the development of an air transportation system properly adapted to the present 
and future of foreign and domestic commerce. Accordingly, the government recognizes the need 
to: (a) promote safety of flight in air commerce of the Philippines; and (b) determine the 
corresponding liability of those concerned in cases of accidents. 
Republic Act No. 776 or "The Civil Aeronautics Act of the Philippines," as 
amended, provides for, among other things, the investigation of accidents involving aircraft and 
penalizes anyone who operates civil aircraft in violation of rules, regulations or orders relating to 
aeronautical safety standards, practices, or procedures. 
However, it does not provide a system for determining liability and damages for 
compensating individuals injured in general aviation accidents. 
Accordingly, this Act seeks to establish standards for determining liability for 
harm arising out of general aviation accidents. 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
13TH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
7.8 5 
S. No. 
4 
; 
64 
I . 
t 
. 
.. 
i ., 
~ 
INTRODUCED BY HON. MANUEL B. VILLAR JR. 
AN ACT PROVIDING FOR UNIFORM STANDARDS OF LIABILITY FOR HARM ARISING 
OUT OF GENERAL AVIATION ACCIDENTS 
Be it enacted by the senate and House of Representatives of the Philippines in Congress 
assembled: 
Section 1. Short Title - This Act shall be known as the “General Aviation Accident Liability 
Standards Act.” 
Sec. 2 Declaration of Policy - The State, in its pursuit of the development and utilization of the 
air potential and the development of an air transportation system properly adapted to the present 
and future of foreign and domestic commerce in the Philippines, recognizes the need to: 
(A) 
(B) 
Sec. 3. Definition of Terms- For purposes of this Act, the terms: 
(1) 
(2) 
subject to this Act, and any person on whose behalf such an action is brought, including: 
promote safety of light in air commerce of the Philippines; and 
determine the corresponding liability of those concerned in cases of accidents. 
“Administrator” means the Administrator of the Air Transportation Office; 
“Claimant” means any person who brings a general aviation accident liability action 
(a) the claimant’s decedent; and 
(b) the claimant’s parent or guardian, if the action is brought through or 
on behalf of a minor or incompetent: 
(3) 
genera aviation aircraft and which results in harm; 
(4) 
“General Aviation Aircraft” means any aircraft for which a type certificate or an 
airworthiness certificate has been issued by the Air Transportation Office which, at the time such 
certificate was originally issued , had’a maximum seating capacity of fewer than twenty 
passengers, and which is not , at the time of accident ,engaged in scheduled passenger carrying 
operations; 
(5) 
accessories, are of proper design and construction, and safe for air navigation purposes, such 
“General Aviation Accident” means any accident which arises out of the operation of any 
“Airworthiness” means that an aircraft, its engines, propellers, and other components and 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
design and construction being consistent with accepted engineering practice and in accordance 
with aerodynamic laws and aircraft science; 
(6) 
“General Aviation Manufacturer” means: 
(a) 
(b) 
(c) 
aviation aircraft; 
(7) 
“Harm” means: 
the builder or manufacturer of the airframe of a general aviation aircraft; 
the manufacturer of the engine of a general aviation aircraft; and 
the manufacturer of any system, component, sub-assembly, or other part of a general 
(a) 
(b) 
(c) 
(d) 
property damage or bodily injury sustained by a person; 
death resulting from such bodily injury; 
pain and suffering which is caused by such bodily injury; and 
emotional harm, including bereavement and loss of affection, care, or 
society, which is caused by such bodily injury; 
(8) 
other part of general aviation aircraft; and 
(9) 
tangible property. 
Sec. 4. Coverage - The provision of this Act shall apply only to- 
(1) 
who repairs, maintains, or provides any other support for such an aircraft; 
(2) 
person who brings an action for harm caused by such accident on behalf of such occupant; and 
(3) 
only if such non-occupant is bringing an action for harm caused by such accident which arises 
out of the harm to an occupant of such aircraft at the time of such accident . 
Sec. 5 Uniform Standards of Liability for General Aviation Accidents - 
(A) 
an action against a party and may recover damages fi-om such party if such party was negligent 
and such negligence is a proximate cause of claimant’s harm. 
(B) 
bring an action against a general aviation manufacturer of a product and may recover damages 
from such general aviation manufacturer if- 
(a) 
unreasonably dangerous for its intended purpose, according to engineering and manufacturing 
practices which were reasonably feasible; 
(b) 
“ Product” means a general aviation aircraft in any system, component, subassembly, or 
“Property damage” means physical injury to tangible property; including loss of use of 
any manufacturer, owner, or operator of any general aviation aircraft, and any person 
any occupant of a general aviation at the time of a general aviation accident, and any 
any non-occupant of a general aviation aircraft at the time of a general aviation accident, 
Any person claiming damages for harm arising out of general aviation accident may bring 
(1) Any person claiming damages for harm arising out of a general aviation accident may 
the product, when it left the control of the manufacturer, was in a defective condition 
the defective condition is a proximate cause of the claimant’s harm; and 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
(c) 
in a manner for which it was designated and manufactured. 
(2) 
bring against a general aviation manufacturer of a product and may recover damages from such 
general aviation manufacturer if- 
(a) 
(i) 
with the product that caused the claimant’s harm ;and 
(ii) 
would have provided with respect to the danger which caused the harm alleged by the claimant, 
unless such warnings or instructions, if provided, would not have maternity affected the conduct 
of the user of the product ; or 
(b) 
(i) 
caused the claimant’s harm; and 
(j) 
failed to take reasonable steps to provide warnings or instructions, after the manufacture 
of the product, which would have been provided by a person exercising reasonable care, unless 
such warnings or instructions, if provided, would not have materially affected the conduct of the 
product user and the failure to provide warnings or instructions described in subparagraph (a) or 
(b) of this paragraph is a proximate cause of the claimant’s harm. 
(4) 
an action against a general aviation manufacturer of a product and may recover damages from 
such general aviation manufacturer if- 
(a) 
(b) 
(c) 
(d) 
claimant’s harm. 
(C)(l) In an action governed by subsection (B) of this section, a general aviation manufacturer 
shall not be liable if such manufacturer proves, by a preponderance of the evidence, that- 
(a) 
an airworthiness directive issued by the Administrator or a service bulletin issued by the 
manufacturer of the product; and 
(b) 
accident and after the product left the control of the general aviation manufacturer. 
(2) In any action governed by subsection (B) of this section, evidence of compliance with 
standards, conditions or specifications established, adopted or approved by the Civil Aeronautics 
the general aviation aircraft was being used at the time of he accident for a purpose and 
Any person claiming damages for harm arising out of a general aviation accident may 
at the time the product left the control of the manufacturer, the manufacturer- 
knew, or in the exercise of reasonable care should have known, about a danger connected 
failed to provided the warnings or instructions that a person exercising reasonable care 
after the product left the control of the general aviation manufacturer, the manufacturer- 
knew, or in the exercise of reasonable care should have known, about the danger which 
Any person claiming damages for harm arising out of general aviation accident may bring 
the manufacturer made an express warranty with respect to the product; 
such warranty relates to that aspect of the product which caused the harm ; 
the product failed to conform such warranty; and 
the failure of the product to conform to such warranty is a proximate cause of the 
the defective condition could have been corrected by compliance with action described in 
such directive or service bulletin was issued at a reasonable time before the date of the 


1 
2 
3 
4 
5 
6 
7 
8 
9 
IO 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
Board shall be admissible with regard to whether the product was defective and unreasonably 
dangerous for its intended purpose 
Sec. 5. Comparative Responsibility. - 
(A) 
All actions for harm arising out of general aviation accident shall be governed by the 
principles comparative responsibility. Comparative responsibility attributed to the claimant’s 
conduct shall not bar recovery in an action under this Act, but shall reduce any damages awarded 
to the claimant in an amount proportionate to the responsibility of the claimant. The trier of fact 
shall determine comparative responsibility by makings findings indicating the percentage of total 
responsibility for the claimant’s harm attributable to the claimant, each defendant, each third- 
party defendant, and any other person not a party to the action. 
(B) 
Except as provided in subsection (C) of this section, a defendant is severally but not 
jointly liable in any action for harm arising out of a general aviation accident, and the liability of 
any defendant in any such action shall be determined on the basis of such defendant’s 
proportionate share of responsibility for the claimant’s harm. 
(C) 
(1) 
general aviation aircraft involved is jointly and severally liable for ham caused by a defective 
system, component, subassembly, or other part of such aircraft that the manufacturer installed or 
certified as part of the original type design for such aircraft; and 
(2) 
a general aviation manufacturer who is a manufacturer of a system or component of the 
general aviation aircraft involved is jointly and severally liable for damages caused by defective 
subassembly or other part of such system or component. 
(D) A general aviation manufacturer and any other person jointly liable under subsection (C) of 
this section shall have the right to bring an action for indemnity or contribution against any 
person with whom they are jointly liable under subsection (C) of this section. 
SECTION 6. Time Limitation on Liability.- 
In any action for harm arising out of a general aviation accident- 
a general aviation manufacturer who is the builder or manufacturer of the airframe of the 
(A) Except as provided in subsection (B) of this section, no civil action for harm arising 
out of a general aviation accident which is brought against a general aviation manufacturer nay 
be brought for harm which is alleged to have been caused by an aircraft or a system, component, 
subassembly, or other part of an aircraft and which occurs more than 
(1) twenty years from-- 
i 
(a) the date of delivery of the aircraft to its first purchaser or lessee, if delivered directly 
from the manufacturer; or 
(b) the date of first delivery of the aircraft to a person engaged in the business of selling 
or leasing such an aircraft; or 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
(2) with respect to any system, component, subassembly, or other part which replaced another 
product in, or which was added to, the aircraft, and which is alleged to have caused the claimant's 
harm, twenty years from the date of the replacement or addition. 
(B) Subsection (A) of this section does not apply in the case of harm to a claimant which 
occurs after the period set forth in subsection (A) of thus section if the general aviation 
manufacturer or the seller of the product that caused the claimant's harm gave an express 
warranty that the product would be suitable, for the purpose for which it was intended, for a 
longer period of time. 
(C) Nothing in this section shall be construed to affect a person's duty to provide, after the 
sale or lease of an aircraft, to aircraft owners, and to repair facilities to which a license or 
certificate to perform repairs has been issued by the Administrator, additional or modified 
warnings or instructions regarding the use or maintenance of such aircraft or any system 
component, or other part of such aircraft. 
SECTION 7. Subsequent Remedial Measures.- In any general aviation accident liability 
action governed by this Act, evidence of any measure taken after an event which, if taken 
previously, would have made the event less likely to occur is not admissible to provide liability. 
Such evidence is admissible to the extent permitted under the Rules of Evidence. 
SECTION 8. Admissibility of Certain Evidence.- In an action governed by this ,Act, 
evidence of national, or local income tax liability or any Social Security or other payroll tax 
liability attributable to past or fixture earnings, support or profits and the present value of future 
earnings, support, or profits alleged to have been lost or diminished because of harm arising out 
of a general aviation accident is admissible regarding proof of the claimant's harm. 
SECTION 9. Punitive Damages.- (A) Punitive damages may be awarded in an action 
under his A ct for harm arising out of a general aviation accident only if the claimant establishes 
by clear and convincing evidence that the harm suffered was the direct result of conduct 
manifesting a conscious, flagrant indifference to the safety of those persons who might be 
harmed by use of the general aviation aircraft involved. 
(E) Evidence regarding the financial worth of a defendant or the defendant's profits or any 
other evidence relating solely to a claim for punitive damages under this Act is not admissible 
unless the claimant establishes, before any such evidence is offered, that the claimant can present 
evidence that will establish prima facie proof of conduct manifesting a conscious, flagrant 
indifference to the safety of those persons who might be harmed by use of the general aviation 
aircraft involved. 
(C) In any civil action in which the alleged harm to the claimant is death and the 
applicable law provides, or has been construed to provide, for damages only punitive in nature, a 
defendant may be liable for any such damages pursuant to the Provisions of this Act regardless of 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
whether a claim is asserted under this section. The recovery of any such damages shall not bar a 
claim under this section. 
SECTION 10. Time Limitation on Ringing Actions.- Any action for harm arising out of a 
general aviation accident shall be barred, notwithstanding any law, unless 
(1) the complaint is filed within two years after the date on which the accident occurred 
which caused the claimant's harm; and 
(2) the summons and complaint are properly served upon the defendant within one 
hundred and twenty days after the riling of such complaint, unless the party on whose behalf such 
service is required can show good cause why such service was not made within such one 
hundred-and-twenty-day period. 
Paragraph (2) of this subsection shall not apply to service of process in a foreign country. 
SECTION 1 1. Penalties.- Any manufacturer, owner, or operator of any general aviation 
aircraft, and any person who repairs, maintains, or provides any other support for such an aircraft 
found to be liable in thus Act, shall be punished by a fine of not less than Five Thousand Pesos 
(P5,OOO.OO) and not more than cane Hundred Thousand Pesos (P100,OOO.OO) in case of death or 
disability, or by imprisonment for not more than two (2) years or both, in the discretion of the 
Court; and in case of property damage, by a fine proportionate to the damage on the property or 
by imprisonment for not more than one (1) year or both, in the discretion of the Court: Prodded, 
that if the Penal Code has a more appropriate penalty or penalties, its applicable provisions shall 
be imposed instead of the ones specified in this Act. 
SECTION 12. Separability Clause.- if any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 13. Repealing Clause.- Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 14. Effectivity Clause.- This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved.