Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH (20) CONGRESS
FIRST REGULAR SESSION

245

House Bill No.

Introduced by
Rep. ROBERT NAZAL

AN ACT
PROVIDING FOR A BILL OF RIGHTS FOR AIR PASSENGERS,
PENALIZING VIOLATIONS THEREOF, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Air transportation in the Philippines has experienced remarkable growth in 2021 since
the easing of travel restrictions in the wake of the COVID-19 pandemic. The Civil
Aviation Authority of the Philippines reported that the number of air passengers rose
from 5,136,075 in 2021 to 20,764,946 in 2022. In the following year, this figure
increased by 31.49%, reaching a total of 27,305,261 passengers in 2023.

In recognition of the expansion of the Philippine aviation industry, the then Department
of Transportation and Communications (DOTC) and the Department of Trade and
Industry (DTI) issued Joint DOTC-DTI Administrative Order No. 01, series of 2012
introducing a Bill of Rights for Air Passengers and providing the obligations of air
carriers. This issuance aimed to promote market liberalization by encouraging the entry
of more players and enhancing competition among air carriers, with the end goal of
providing better, safer, more efficient, and affordable air transport services. It
established air passenger bill of rights, including the right to accurate pre-purchase
information, the right to receive the full value of purchased services, and the right to
compensation in cases of flight delays, cancellations, and delayed, lost, or damaged
baggage.

On January 30, 2024, the Civil Aeronautics Board (CAB) issued Economic Regulation
No. 9, as amended, which similarly reaffirmed the rights of air passengers and carrier
obligations. However, the rising number of complaints related to flight disruptions,
overbookings, poor customer service, and overall dissatisfaction underscored the need
for legislation that not only strengthens regulatory enforcement but also provides


accessible mechanisms for redress and promotes greater awareness of passenger
rights.

By enacting these rights into law, the State fulfils its constitutional duty to protect
consumers, institutionalizes standards for fair and efficient air transport services, and
harmonizes national policy with international best practices.

This bill seeks to enumerate and codify the fundamental rights of air passengers. It
further aims to establish minimum service standards for air carriers and ground service
providers, mandate transparency in fare advertising and booking processes, prescribe
clear procedures for the handling of claims and complaints, define penalties for
violations, and institutionalize public awareness mechanisms.

For these reasons, the immediate passage of this pill is earnestly sought.

Rep. ROBERT NAZAL
Bagong Henerasyon Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH (20) CONGRESS
FIRST REGULAR SESSION

House Bill No, 245

Introduced by
Rep. ROBERT NAZAL

AN ACT PROVIDING FOR A BILL OF RIGHTS FOR AIR PASSENGERS,
PENALIZING VIOLATIONS THEREOF, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

CHAPTER |
GENERAL PROVISIONS

SECTION 1. Short Title.
This Act shall be known as the “Air Passengers Bill of Rights”.
SECTION 2. Declaration of Policy.

The State is committed to promoting and strengthening the regulatory framework in civil
aviation to ensure safe, efficient, convenient, and secure services for the riding public.
As part of this commitment, the State will mandate full disclosure of all aspects related
to air carriage contracts and penalize any act of air carriers that violates the rights of air
passengers defined under the Act.

Moreover, the State will adopt universally accepted principles of international laws and
fulfill its commitments to treaties to which the country is a signatory. By doing so, the
Stateaimstoprovideaseamlessandsatisfactorytravelexperienceforairpassengers while
holding air carriers accountable for any wrongdoing.

SECTION 3. DEFINITION OF TERMS.

A. Air carrier - An airline company which provides transportation services under a
contract of carriage via airplanes and other similar means.


Baggage - Any personal property carried by the passenger which has been
checked in with the airline.

Offloaded Baggage — A passenger's checked baggage that has either not been
put in or been subsequently removed from the cargo hold or other similar storage
spaces of the air carrier.

Cancellation - The act of revoking the contract of carriage between the passenger
and air carrier. This includes:

1. Cancellation by the air carrier before the estimated time of departure (ETD),
regardless if the reason was by fault of the carrier or not;

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.

Check-in Period - The time when the air carrier's check-in counters are open for
accepting and processing passengers checking in for their flights. This usually
starts at least two to three hours prior to the ETD in international airports and in
airports designated by the Department of Transportation (DOTF). In other airports,
the check-in period starts at least one hour prior to the ETD.

Confirmed Reserved Seat - A seat on a specific date and on a specific flight and
class of service of an air cartier, 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.

Convention - The applicable international agreement, convention, or treaty on
carriage of goods or persons by air.

Delay - The deferment of a flight to a later time than originally scheduled, as
follows:

4. Terminal delay is a delay that occurs while the passengers are still inside the
terminal waiting for boarding;

2. Tarmac delay is a delay that occurs while the passengers are already on
board the aircraft.

Denied Boarding - A situation where a passenger who has a physically presented
travel document pertaining to a confirmed seat reservation at the proper time and
place, and has fully complied with the carrier's check-in reconfirmation procedures
and the carrier's tariff requirement, was not allowed to board the aircraft.

Denied Check-in - A situation where a passenger, who has presented travel
documents to an air carrier's check-in counter, or has checked-in online or through


check-in kiosks located inside the airport at the appointed time, is denied or is not
processed for boarding a particular flight.

Fare - The payment in consideration for the carriage of a passenger, but shall not
include charges for ancillary services, as follows:

Regular fare - Any fare offered on a regular basis, is non-discounted, and offers
the advantage of cancellation, changing flight time or schedule, rerouting, or
rebooking, by the passenger, whether for a fee or penalty, or without such fee or
penalty.

Promotional fare - Any fare that is generally lower than a regular fare and is
offered for a specific period subject to stipulations for such promotion.

Free Tickets - Tickets provided by carriers to passengers, tickets available for free
to employees, and tickets claimed based on mileage, which do not have regular or
promotional fare.

General Sales Agent - A person who is not a bona fide employee of an air carrier,
and who was 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.

Government Requisition of Space - 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 Civil Aviation Board (CAB), which in
turn shall make a request to the air carrier concemed, detailing the number,
identities, and affiliation of the persons requesting for space and the date, time,
and destination of flight.

No-Show - 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.

Non-scheduled Services — 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.

Overbooking - The practice of air carriers of selling confirmed reserved seats
beyond the actual seat capacity of the aircraft. This includes a situation wherein an
aircraft carrier downgrades an aircraft resulting in the bumping off of passengers
not grounded on safety or unforeseen operational circumstances.



R. Passenger - 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 (PWD) - A person who have a 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 - 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 - Techniques intended for broad consumer participation which
contain a promise of gain, such as prizes, in cash or in kind, as reward for the
purchase of a product, security, service, or for winning in a contest, game,
tournament, and/or similar competitions which involve determination of winners
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.

V. Scheduled Services - Arrangements 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.

SECTION 4. SCOPE OF APPLICATION.

This Act shall apply to all aspects of contracts of air carriage for flights or portions of a
flight within the territory of the Philippines or from the tertitory of the Philippines,
operated by Philippine air carriers, and portions of a flight from the territory of the
Philippines operated by foreign air carriers, as well as charter flights and the conduct of
individual ticketing: Provided, That the compensation provision of this Act shall not apply
to air carriers flying into the territory of the Philippines if the laws of the country of origin
provide similar or higher compensation.

SECTION 5. APPLICABILITY OF INTERNATIONAL LAWS AND PERTINENT
CONVENTIONS.

In case of conflict between the provisions of this Act and the provisions of any treaty or
convention where the Philippines is a signatory, the provisions of the latter shall prevail.
In cases of treaties or conventions where the Philippines is not a signatory, the
provisions of such treaty or convention shall have suppletory effect in the
implementation of this Act insofar as the same are not contrary to the provisions
contained herein


CHAPTER Il
Contract of Carriage by Air

SECTION 6. CONTRACT OF AIR CARRIAGE.

By the contract of air carriage, an air carrier obliges itself to transport the passenger or
their baggage, if any, from one place to another through the airspace, without any
damage or injury upon the passenger's person, or loss, damage, or unreasonable
deterioration of their baggage, if any. The passenger obliges themselves to pay a just
and reasonable airfare.

SECTION 7. PERFECTION OF THE CONTRACT OF AIR 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 the airline ticket in favor of a passenger, who accepts
and holds it in their possession, with the corresponding full payment of the fare.

SECTION 8. DILIGENCE REQUIRED.

Air carriers, due to the nature of air transportation being imbued with public interest, are
obliged to observe extraordinary diligence in the performance of their obligations under
the contract of air carriage. Air passengers are required to observe ordinary diligence
while the contract of air carriage is effective.

SECTION 9. PRESUMPTION OF NEGLIGENCE.

In case of damage or injury to the person of the air passenger, or loss, damage, or
unreasonable deterioration of their baggage, if any, the air carrier shall be presumed
negligent, unless it is proven that the latter exerted extraordinary diligence to avert the
same.

Diligence observed in the selection and supervision of employees shall 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:

Flood, storm, earthquake, lightning, or other natural disaster or calamity;
Act of a public enemy in war, whether international or civil;

Act or omission of the shipper or owner of the baggage or goods;

The character of the goods or defects in the packing or in the containers; and
Order or act of competent public authority.

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SECTION 10. CANCELLATION.


‘An air carrier may cancel a flight on any of the following grounds:

A. Infrastructure limitations as certified by the CAAP;
B. Safety reasons due to a technical problem;

C. Security reasons; or

D. During the occurrence of a fortuitous event.

The passengers affected may avail of all remedies applicable to them as provided by
this Act.

SECTION 11. OVERBOOKING.

All air carriers are prohibited from the act of overbooking their flights for whatever
reason.

SECTION 12. CONSTRUCTION.

In case of doubt, the contract of air carriage shall be construed liberally in favor of the
passenger and strictly against the carrier.

CHAPTER Ill
Rights and Obligations of the Passengers

SECTION 13. CLEAR, TRUTHFUL, AND UNDERSTANDABLE INFORMATION.

In addition to the information enumerated in Section 15 of this Act, every passenger
shall, before purchase of any ticket, have the right to full, fair, and clear disclosure of
information, in English or Filipino, from an air carriage or general sales agent on the
following terms and conditions in the contract of carriage:

A. Fare and other fees and ancillary charges (such as but not limited to taxes,
insurance, fuel, surcharge, seat reservation, etc.);

Travel restrictions;

Baggage allowance and limitations;

Check-in and boarding requirements and deadlines;

Air carrier's responsibilities and passenger's rights and compensation for delayed
and canceled 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;

|. If the ticket purchased is part of the overbooked portion of that flight; and

{a) Other crucial and necessary conditions of the contract of carriage.

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SECTION 14. METHOD OF DISCLOSURE.


An air carrier shall cause the disclosure under the immediately preceding section to be
printed on or attached to the passenger ticket, boarding pass, or by clearly stating the
complete terms and conditions of carriage for perusal or review in the air carrier's
website, or in some other document that may be sent to or delivered by post or
electronic mail to a passenger upon request.

In case of booking through a ticketing office or agent, the disclosures shall be explained
by the agent in a language that is easily understood by the purchaser.

In case of online booking, the air carrier must establish a system wherein a purchaser is
fully apprised of the required disclosures under this section twice prior to the final
submission of an online offer to purchase.

SECTION 15. Advertisements. Advertisements of fares shall be clear, truthful, and not
misleading, and shall capacitate the passenger to make an informed decision such that
the passenger fully understands the consequences of purchasing such a ticket.

The advertisement of the promotional fares shall be subject to approval by the CAB.

The following disclosures are required to be part of the airline advertisement in the print
medium, which shall occupy not less than thirty percent (30%) of the advertising
material:

Conditions and restrictions attached to the fare type;

Refund and rebooking policies;

Government taxes and fuel surcharges;

Other fees and charges;

Contact details of the carrier, which include phone numbers, websites, emails, and
online accounts;

Other information necessary to apprise the passenger of conditions and full price
of the ticket, which may include incorporation by reference of websites and other
available information portal or office where the passenger can read or ask the full
terms and conditions of the fare and the air passenger bill of rights; and

G. _ Incase 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.

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SECTION 16. RIGHT TO RECEIVE THE FULL VALUE OF THE SERVICE
PURCHASED.

A passenger shall have the right to a 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.

SECTION 17. RIGHT TO MANDATORY FARE DISCOUNT.


Qualified senior citizens, PWDs, and students are entitled to a twenty percent (20%)
discount on alll regular fares. To avail of the discount, persons concerned are required to
show competent proof that they belong to the abovementioned categories. Competent
proof includes government-issued identification cards or school identification cards.

To avail of this discount, a student at the time of purchase of the airline ticket must be
enrolled in a preschool, elementary, secondary, or collegiate school or institution,
whether academic, vocational, or technical, duly recognized by the government.
Post-graduate courses (e.g., medicine, law, master’s, doctorate degrees), short-term
classes, and seminars (e.g., dancing, singing, driving) are excluded.

Qualified senior citizens, PWDs, and students are likewise exempt from payment of
Value-Added Tax.

Where the air carrier offers a promotional fare, the fare that is more beneficial between
the discounted and promotional fare shall be given to the passenger. For purposes of
taxation, the discounts herein imposed shall be allowed as deductions on the gross
income of the air carrier.

SECTION 18. RIGHT TO REFUND.

Every passenger holding a refundable airline ticket shall have the right to refund of
fares. This includes the refund of other fees, such as checked baggage fees and other
optional service fees, including insurance and seat selector fees, if any.

SECTION 19. RIGHT TO CANCEL A FLIGHT.

If the passenger cancels the confirmed flight more than twenty-four (24) hours before
the estimated time of departure (ETD), the passenger may be entitled to seventy-five
percent (75%) of the cost of the ticket excluding charges for ancillary services, with the
remaining twenty-five percent (25%) retained as a cancellation fee. There shall be full
reimbursement of ancillary service charges not availed of, such as baggage fees and
terminal fees.

If the passenger cancels within twenty-four (24) hours before the ETD or does not show
up, the ticket shall be considered flown. However, there shall still be full reimbursement
of unused ancillary service charges.

SECTION 20. RIGHT TO REBOOK A FLIGHT.

Every passenger who was informed that the ticket purchased can be rebooked shall
have the right to rebook the flight in accordance with the airline's rebooking policy.

SECTION 21. RIGHT TO BE PROCESSED FOR CHECK-IN.


A passenger holding a confirmed ticket (whether under a promotional or regular
scheme), with complete documentary requirements, and who has complied with the air
carrier's check-in procedures, shall be processed accordingly at the check-in counter
within the check-in deadline.

The CAB shall, consistent with global aviation practice, provide a uniform schedule of
the opening of check-in counters and check-in deadlines for both local and international
flights, allowing sufficient time for processing.

Air carriers shall clearly designate the boundaries of their check-in areas for the
convenience of passengers and ensure that those already in queue prior to the deadline
are checked in before accommodating delayed or chance passengers.

SECTION 22. RIGHT AGAINST OVERBOOKING.

No passenger shall be denied boarding, rebooked, or delayed due to overbooking of his
confirmed flight under any circumstances.

SECTION 23. 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 concems, 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 acts in violation of a law or the
contract of air carriage affecting the safety and security of another passenger or crew
during the voyage.

SECTION 24. RIGHT TO EQUAL PROTECTION.

Every passenger is entitled to all the rights set forth in this Act and in all aspects of the
contract of carriage regardless of race, sex, gender, education, income, social status,
language, physical characteristics, mental characteristics, sensory impairments, age,
religion, marital status, political belief, and any other circumstances.

No air carrier shall deny a passenger from enjoying the rights set forth in this Act
because of criminal or summary convictions, or a previous grievance against the air
cartier.

SECTION 25. 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.

SECTION 26. ACCESS TO EMERGENCY MEASURES, MEDICAL ASSISTANCE,
‘SAFETY DEVICES, AND ESSENTIAL SERVICES.


A passenger has a right to have access to and 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 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 consideration of the passenger's condition,
continuing the journey or being onboard the aircraft constitutes a risk to health. The air
carrier personnel shall consult with the passenger who wishes to disembark and
determine whether it is in the best interest of the passenger to deplane.

A passenger shall have access to essential services such as adequate food and potable
water, clean and safe lavatory facilities, and cabin ventilation and comfortable cabin
temperatures.

SECTION 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 during the effectivity of the
contract of carriage under this Act and applicable treaties and conventions.

SECTION 28. RIGHT TO IMMEDIATE PAYMENT AND 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 or her person, and loss or
deterioration of one’s baggage and property, or for overbooking.

Compensation under this Act does not preclude the passenger from seeking redress in
a court for damages caused by any violation of the rights of the passenger as provided
by this Act or any other laws or treaties concerning air transportation.

An air carrier liable for any of the required compensations provided under this Act shall
make the same available to the affected passenger at the air carrier's counters at the
airport on the date when such right to compensation arose, or at the main office or any
branch of the air carrier upon 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
eam 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.


SECTION 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 the estimated time of departure (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 resources.

A. Terminal Delay.

In case the flight is delayed for at least two hours after the ETD, whether or not
such is attributable to the carrier, a passenger shall have the right to:

1 Be notified via public announcement of the reason for the delay and the ETD
as soon as the information is available;
2. Be provided a minimum level of care immediately, on the spot, at
terminals/stations, while waiting for the continuation of the delayed journey;
3. Be offered the following free of charge:
‘Sufficient meals and refreshments in a reasonable relation to the waiting
time;
ii. Free phone calls, text messaging, facsimile, electronic mail, or other
means of communication;
iii, Free intemet access; and
iv. First aid, if necessary.

4. Declare that they are canceling their reservation and ask for a refund or
rebooking in accordance with Sections 18 and 20, or ask for endorsement to
another carrier.

In case the flight is delayed for at least three hours after ETD for causes attributable to
the carrier, the flight shall be deemed cancelled and the affected passenger shall be
entitled to the remedies provided under Section 29(a).

B. Tarmac Delay.
Every passenger shall likewise have the right to adequate food and beverage in
cases of tarmac delay of at least two hours after ETD, reckoned from the closing of
the aircraft doors or when the aircraft is still at the gate with the doors open but
passengers are not allowed to deplane. In case the delay exceeds three 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 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 (PHP 10,000.00) 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
additional compensation at a rate that is equivalent to at feast the value of the sector
canceled due to the delay: Provided, That in case of connecting flights with other
carriers, the passenger has allotted sufficient connecting time of at least three hours for
international flights and two 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 is able to complete the
journey.

SECTION 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 the air carrier, a passenger
shall have the right to:

1. Be notified of the situation beforehand or as soon as possible via public
announcement, written or published notice, and flight status update service,
either through short message service or electronic mail;

2. Be provided immediately with a minimum level of care at terminals and/or
stations;

3. Be offered free of charge:

i. Sufficient meals and refreshments within a reasonable period covering
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 the place of
accommodation.

In addition, passengers shall be offered free phone calls, text messaging, fax, emails, or
other means of communications, free inteet 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 of this Act, be reimbursed
within five days, either by cash, electronic bank transfer, bank orders or
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 parts of the journey not made and for the 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 shall be credited back to the payor's credit
card account within seven days without additional cost to the passenger.

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

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 additional compensation at a rate
which is equivalent to at least the value of the sector cancelled due to the cancellation.

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;

Reimbursement of the value of the fare; or

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
resources as it may deem appropriate.

SECTION 31. RIGHTS OF A PASSENGER DENIED BOARDING.

A passenger who has checked in for a particular flight cannot be denied boarding the


aircraft except for legal or other valid causes, such as immigration issues, safety,
security, and health concerns. In cases where a passenger is denied boarding because
the number of passengers is not due to overbooking, government requisition of space,
downgrading of an aircraft, or legal orders, the 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 29(a) of this Act.

(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 where applicable.

(c) If the denial of boarding the aircraft is due to government requisition of space, the
affected passenger shall be compensated and entitled to remedies in the preceding
paragraph with the cost chargeable against the air carrier subject to reimbursement by
the requesting agency if allowed.

In cases 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. Provided, that no passenger shall be denied boarding for two consecutive times on
the same day, except when public morals, safety, order, or health requires it. Provided,
further, that PWDs, persons with special needs, senior citizens, pregnant women, and
unaccompanied children shall be given preference against being denied boarding.

SECTION 32. FILLING-UP EMPTY SEATS.

Vacant seats due to cancellations by the passenger and no-shows shall be offered by
the air cartier, first to the passengers of delayed or cancelled flights of the same air
carrier or of another air carrier through endorsement between the two air carriers.
Afterwards, any remaining empty seats are to be offered to chance passengers.

SECTION 33. LOSS, DAMAGE, AND DELAY OF BAGGAGE.
Every passenger has the right to compensation for any loss, damage, or delay of
baggage attributable to the fault of the air carrier. Compensation for loss of baggage
shall be in the following amounts:

(a) For international flights, twenty United States dollars (USD 20) per kilogram for
checked-in baggage and four hundred dollars (USD 400) for hand-carried baggage.


(b) For domestic flights, the equivalent amount in pesos shall apply. A passenger's
baggage is presumed lost if, within a period of seven days counted from the time the
passenger or consignee should have received the same, the baggage is not delivered to
said passenger or consignee.

Once the baggage is declared to be permanently lost in the case of domestic flights, the
provisions set in the contract of carriage shall apply in the valuation of lost belongings.
In the case of international flights, the limits set by the Warsaw Convention or the
Montreal Convention, whichever is applicable, shall apply.

In case a checked-in baggage has been off-loaded for operational, safety, or security
reasons, the air carrier shall inform the passenger concerned at the soonest practicable
time and in such manner that the passenger shall readily know that the baggage has
been off-loaded and the reason thereof. If the passenger's baggage has been
off-loaded, the air carrier shall make the appropriate report and give the passenger a
copy thereof, 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 or her residence, and
tender an amount of Two Thousand Pesos (PhP 2,000.00) for every twenty-four hours
of late delivery as compensation for the inconvenience. The passenger shall also have a
right to the refund of the checked baggage fees if the baggage was not delivered to the
passenger within twenty-four hours from the arrival of the flight.

Air carriers are liable for provable consequential damages up to the amount of their
liability limit in connection with loss and delay in the delivery of baggage, in accordance
with the limits set by the Warsaw Convention or the Montreal Convention, whichever is
applicable.

Damaged baggage shall be compensated at five hundred pesos (PhP 500.00) per
kilogram if it is in a domestic flight, unless the passenger has declared a higher
valuation of the baggage at the check-in time. For international flights, paragraph (a)
under this section shall apply.

SECTION 34. COMPENSATION FOR DEATH AND BODILY INJURIES.

(a) In the case of international flights, the rules of the relevant convention shalll apply as
to the 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.

SECTION 35. COMPENSATION FOR VIOLATION OF AIRLINE PASSENGER


RIGHTS.

In case the air carrier violates the rights of the air passengers, the former shall pay the
latter damages amounting to at least Fifty Thousand Pesos (PhP 50,000.00), exclusive
of other damages or injury the air passenger has suffered.

CHAPTER IV
RIGHTS, DUTIES, AND OBLIGATIONS OF THE AIR CARRIER

SECTION 36. PREVENTION OF HARM TO THE PASSENGERS AND MAINTENANCE
OF AIRCRAFT.

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.

SECTION 37. DESIGNATION OF AN “ALL-FLIGHT” OR “PER ROUTE” COUNTERS.

Air carriers may operate all-fight counters which will serve passengers without regard to
destination. As far as practicable, the air carrier shall, in addition to all-fight 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.

SECTION 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, otherwise known as the “Magna Carta for Disabled
Persons,” as amended by Republic Act No. 9442 and its IRR;

B. Batas Pambansa Big. 344, otherwise known as the “Accessibility Law";

C. Republic Act No. 7432, as amended by Republic Act No. 9257 and Republic Act
No. 9994, otherwise known as the “Expanded Senior Citizens Act of 2010” and its
IRR.

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 15 years old and younger.

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 these groups of persons enough and convenient opportunity to comply with
aviation requirements and their special needs, facilities, and assistance by reason of


their individual circumstances throughout the flight. For this purpose, air carriers shall
designate at least one check-in counter dedicated to the persons mentioned above.

SECTION 39. RESPONSIBILITY OF THE AIR CARRIER WHEN THE NUMBER OF
PASSENGERS IS BEYOND THE CAPACITY OF THE AIRCRAFT.

If certain flight has more ticketed passengers than the allowed capacity of the aircraft
by reason of overbooking, government requisition of space, as well as the downgrading
of the aircraft for safety or unforeseen operational reasons as certified by the CAAP, the
air carrier shall perform the following:

A. Determine the number of passengers in excess of the actual seat capacity of the
aircraft;

B. Announce that the flight is overbooked and that it is looking for volunteers willing to.
give up their seats in exchange for air carrier compensation;

C. Provide the interested passengers or volunteers a list of amenities and offers from
which they can choose, which shall always include priority booking in the next
available flight and/or cash incentive; and

D. In case the number of volunteers is not enough, the air carrier shall increase the
compensation package by a certain degree by adding more amenities or 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.

SECTION 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, the air carrier shall provide the necessary information 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.

SECTION 41, PROVISION OF ASSISTANCE DESK.

Air carriers shall provide Customer Service Representatives who can address common
problems in situ, which include arranging for meals, hotel rooms and accommodations
for stranded passengers, writing checks for denied boarding compensation, arranging
luggage resolutions, and settling other routine claims and complaints.

SECTION 42. REMEDIES OF THE PASSENGER.

Every passenger whose rights provided in this Act have been violated shall have the
following remedies as may be respectively set by the CAB under the rules and
regulations to be promulgated to effectively carry out the proper implementation of this
Act, including but not limited to:


A. Assistance in filing, processing, and documenting complaints;

B. Negotiating for a resolution acceptable to the affected passengers and the air
cartier; and

C. Elevation of complaints to appropriate authorities.

SECTION 43. OPERATIONAL SPARE.

An air cartier 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 requirements, aircraft maintenance, and other similar situations.

SECTION 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 concemed passenger at the soonest practicable
time and in such manner that the passenger shall readily know of such offloading and
the reason thereof. If the passenger's baggage has been off-loaded, the air carrier shall
make the appropriate report and give the passenger a copy thereof, even if it
announced that the baggage shall be on the next flight.

CHAPTER V
OBLIGATIONS OF THE CAAP, CAB, AND AIRPORT OPERATORS

SECTION 45. AVAILABILITY OF CHECK-IN COUNTERS.

The CAAP, airport authorities, or airport operators, as the case may be, shall provide an
adequate number of check-in counters for every air carrier operating in a particular
airport.

They shall ensure that the number of check-in counters of an air carrier in a particular
airport shall be proportionate to the volume of passengers who are checking-in for a
particular flight. In no case shall the queue exceed twenty persons per check-in counter.

SECTION 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 concemed shall
submit a periodic report of all delays and cancellations and the corresponding reasons
thereof to the CAAP Central Office.

SECTION 47. COMPLAINTS DESK.

The CAB shall provide the necessary personnel to cater to the unresolved complaints of


passengers in every commercial airport. It shall be the duty of the assigned personnel to
Teport all complaints to the CAB at the earliest possible time, taking into account the
nature of the relief sought by the passenger.

CHAPTER VI
REMEDIES AND GRIEVANCE PROCEDURES
SECTION 48. AMICABLE SETTLEMENT.

A passenger and air carrier shall exhaust all efforts toward settling the 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 Vil
PENAL PROVISIONS

SECTION 49. PENALTIES.

Any violation of this Act shall be penalized in accordance with the provisions of Republic
Act No. 776, otherwise known as the “Civil Aeronautics of the Philippines,” Republic Act
No. 7394, otherwise known as the “Consumer Act of the Philippines,” Republic Act No,
9442, otherwise known as the “Magna Carta for Disabled Persons,” as amended, Batas
Pambansa Big. 344, otherwise known as the “Accessibility Law,” Republic Act No. 9994,
otherwise known as the “Expanded Senior Citizens Act,” or any other relevant laws,
rules, and regulations applicable, as the case may be.

Failure on the part of the air carrier to comply with any of the obligations stated in this
Act, upon the order of the CAB and after due hearing, shall be a ground for the
suspension of its franchise or license to operate. Grave and repetitive violations after
the lifting of the suspension of its franchise or license to operate shall be a ground for
revocation of such franchise or license to operate.

SECTION 50. REVIEW OF PENALTIES.

The CAB, in coordination and consultation with the DOTr, Department of Trade and
Industry (DTI), and CAAP shall, after three years from the effectivity of this Act and
every three years thereafter, review the applicability and enforcement of all foregoing
pecuniary penalties and initiate actions for amending or upgrading the same as may be
necessary in accordance with law.

CHAPTER VIII
FINAL PROVISIONS

SECTION 51. REPORT TO CONGRESS.


The DOT, in coordination with the DTI, CAAP, CAB, airport operators, and air carriers,
shall submit to Congress, either in printed form or by way of electronic document, an
annual report on the status of the implementation of this Act. The information contained
in the report shall include, but not be limited to:

A. Complaints filed by passengers; and
B. All pertinent information on managed and resolved complaints by the DTI, CAAP,
CAB, airport operators, and air carriers.

The Secretary of Transportation and the agency's web administrator or equivalent shall
be responsible for ensuring that said reports are posted on the agency's official website.

SECTION 52. APPROPRIATIONS.

The Secretary of Transportation and Communications shall immediately include in the
Department's program the needed operational requirement in upholding the enumerated
rights in this Act, the initial funding of which shall be charged against the current
appropriations for the CAB. Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the annual General
Appropriations Act.

SECTION 53, IMPLEMENTING RULES AND REGULATIONS.
Within sixty days from the effectivity of this Act, the CAB shall, in coordination with the
DOT, 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.

SECTION 54, SEPARABILITY CLAUSE.

If any provision or part of this Act is held unconstitutional or invalid, the other provisions
or parts thereof not affected thereby shall continue to be in full force and effect.

SECTION 55. REPEALING CLAUSE.
All laws, executive orders, presidential decrees, rules, and regulations, or parts thereof
inconsistent with any provisions of this Act are hereby repealed, amended, or modified
accordingly.

SECTION 56. EFFECTIVITY.

This Act shall take effect fifteen days after its publication in the Official Gazette or in a
newspaper of general circulation.

Approved,