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Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Nineteenth Congress 
Second Regular Session 
HOUSE BILL NO. 9456
Introduced by Representative LORDAN G. SUAN 
AN ACT 
REGULATING AVIATION PRACTICES FOR THE PROTECTION OF PASSENGERS, 
AND PENALIZING ACTS IN VIOLATION THEREOF 
EXPLANATORY NOTE 
Competition is the foundation of the free market system. Competition is 
thought to be beneficial for consumers since companies fight to offer the most 
inexpensive prices, higher-quality products, and the finest services. However, 
this is not always the case. Profit motivation can occasionally lead to behaviors 
that are detrimental to consumers if not flagrant violations of their rights. 
We frequently hear of flight customers being denied boarding owing to 
unregulated overbooking activities by airlines. We observe customers anxiously 
waiting in airports due to cancelled flights, with no assistance from either the 
airlines or the government. It has taken a lengthy time and effort to facilitate 
refunds. Even simple meals due to delayed flights must be negotiated for and 
requested from airlines. These are just a few of the difficulties and hassles that 
passengers face before arriving at their destinations, whether it's a career 
opportunity abroad, an urgent family matter, or a much-needed vacation. 
The DOTC-DTI Joint Administrative Order No. 1, S. 2012 laid down the 
rights of air passengers and the obligations of air carriers. This is an antiquated 
regulation inadequate to protect air passengers from unfair and deceptive 
consumer practices. For instance, it removed the overbooking restriction in the 
hope that the penalty or compensation would dissuade air carriers from 
overbooking their flights. Reality, on the other hand, spoke for itself. Eleven 
November 7, 2023
3:48 pm


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years later, the Civil Aeronautics Board issued Board Resolution No. 2, 
reinstating the 10% cap. 
This bill seeks to address the unfair practices and deceptive machinations 
in the aviation industry that violate the rights of air passengers. By addressing 
these unjust practices, we will be able to avoid personal inconvenience, missed 
opportunities, and economic consequences that the passengers may have to 
endure. 
In light of the preceding, this bill’s approval is fervently sought. 
LORDAN G. SUAN 
Cagayan de Oro City – 1st District 


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Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Nineteenth Congress 
Second Regular Session 
HOUSE BILL NO. 9456
Introduced by Representative LORDAN G. SUAN 
AN ACT 
REGULATING AVIATION PRACTICES FOR THE PROTECTION OF PASSENGERS, 
AND PENALIZING ACTS IN VIOLATION THEREOF 
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 “Air Passenger 
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Protection Act.” 
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SECTION 2. Declaration of Policy. — It shall be the policy of the state to 
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protect airline passengers from deceptive acts, unfair practices, and unjust 
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conditions that jeopardize and impair their right to safe, affordable, and 
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convenient travel. 
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SECTION 3. Definition of Terms. - For this Act, the following terms are 
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defined as follows: 
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(a)
Cancelled Flight — refers to the non-operation by the air carrier of
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a scheduled flight on which at least a seat was paid. 
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(b)
Delayed Flight — refers to a flight that departs later than its
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scheduled time of departure. 
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(c)
Denied Boarding — refers to the act of refusing a passenger to
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board the air carrier where such a passenger has a confirmed booking and has 
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checked in on time. 
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(d)
Overbooking — refers to an aviation practice wherein seats are sold
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beyond the capacity of a particular flight. 
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(e) 
Rebooking — refers to rescheduling or changing a flight to a 
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different time. 
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(f) 
Refund — refers to the return of the cost or portion of the cost of 
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a ticket for a cancelled flight. 
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(g) 
Travel Fund — refers to an account where money from cancelled 
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flights is saved for future travel. 
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SECTION 4. Scope of Application. – This Act applies to all air carriers that 
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operate or have operations within the Philippine territory. Similarly, this Act 
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applies to all flights within or departing from Philippine territory. Provided, that 
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the benefits and compensation provisions of this Act shall not apply to foreign 
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air carriers whose country of origin provides greater benefits and higher 
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compensation. 
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SECTION 5. Overbooking. – Air carriers shall be allowed to overbook as an 
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industry standard practice for the benefit of both the carrier and the consumers. 
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It shall be set at 10% of the air carriers' flight capacity or seats.  
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Air carriers must offer the passenger affected by overbooking, a seat on 
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the next available flight. Selling the vacancy on the next available flight when 
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overbooked passengers are awaiting such a flight schedule shall be illegal. 
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SECTION 6. Denied Boarding. – An air passenger has the right to board the 
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aircraft for a flight for which he or she has been checked in, except for the 
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following reasons: 
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(a) 
Immigration problem 
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(b) 
Safety concern 
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(c) 
Security concern 
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(d) 
Health or Medical concern 
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(e) 
Failure to appear at the boarding gate at the scheduled time 
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(f) 
Seat demand from the government 
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(g) 
Other legal issues or concerns 
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(h) 
When a seat is required due to an imminent medical emergency 
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(i) 
Overbooking 
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In cases of government need, and medical emergency, the affected 
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passenger shall be provided the following, but should not be limited to: 
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(a) 
Rebooking to the next available flight with a complimentary round-
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trip ticket (domestic or international, as applicable) 
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(b) 
Refunding with a complimentary  round-trip ticket (domestic or 
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international, as applicable) 
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(c) 
Cancelling the flight and lodging the fare amount to a travel fund, 
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with a complimentary round-trip ticket (domestic or international, as applicable) 
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The round-trip ticket shall be at the expense of whoever requires the seat. 
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A passenger who has a confirmed booking and checked in on time for the 
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flight may be denied boarding due to overbooking either voluntarily or 
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involuntarily. In both cases, the following processes and compensation must be 
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followed: 
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A. 
Voluntary Denied Boarding 
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1. Procedure 
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a. The air carrier shall announce or notify all passengers via a public 
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platform that the specific flight is overbooked. 
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b. The air carrier shall solicit volunteers to give up their seats in 
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exchange for the mandatory benefits and compensation, in 
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addition to monetary incentives. 
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c. The air carrier must ask for volunteers three times, increasing 
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the incentives each time. 
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2. Mandatory Basic Benefits and Compensation 
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a. Priority to be booked to the next available flight 
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b. Option to be rebooked, refunded or rerouted 
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c. Complimentary round-trip ticket, domestic or international, as 
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applicable 
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d. If the next available flight takes a day or more, complimentary 
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transportation and accommodation 
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e. Complimentary meal/s 
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B. 
Involuntary Denied Boarding  
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1. Procedure 
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a. The air carrier must announce or notify all passengers via a 
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public platform that the specific flight is overbooked.  
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b. The air carrier shall announce in a public system or notify all 
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passengers that no passengers have volunteered and that 
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“involuntary denied boarding” (IDB) by random selection shall 
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be used. 
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c. Senior citizens, people with disabilities (PWD), pregnant 
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women, and families traveling with minors will be excluded from 
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the selection. 
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2. Mandatory Benefits and Compensation 
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a. Priority booking on the next available flight 
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b. Rebooking, refunding, or rerouting options 
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c. A complimentary round-trip domestic or international flight, as 
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applicable. 
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d. If the next available flight is more than a day away, 
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complimentary transportation and lodging will be provided. 
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e. Complimentary meal/s 
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f. Monetary compensation equal to 400% of the one-way fare 
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Flights of air passengers who choose to receive a refund or forego the 
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flight are deemed cancelled and are entitled to the additional benefits provided 
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for in Section 7 of this Act. 
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SECTION 7. Cancelled Flight. – Flight cancellations shall be made and 
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communicated to the public via radio, television, newspaper, website, or social 
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media, as well as relayed to impacted passengers via text, phone, and email five 
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(5) days before the estimated time of departure (ETD). The impacted passenger 
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shall have the choice of rebooking the flight, receiving a refund for the fare paid, 
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or depositing the amount in a travel fund for future use. 
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Provided, however, that for flights cancelled less than five (5) days before 
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the ETD due to the fault of the airline or any government agency, the affected 
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passenger shall be compensated for the paid accommodation and tour packages 
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that can no longer be cancelled and refunded, in addition to the option stated 
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above. 
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Furthermore, if the flight is cancelled within twenty-four (24) hours of the 
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ETD due to the fault of the airline or any government agency and the passenger 
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is already at the airport, the passenger shall receive additional compensation for 
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transportation expenses incurred equal to the fare going to and from the airport. 
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Affected passengers shall only be entitled to rebooking, refunding, or 
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lodging the fare amount to a travel fund if the cancellation is caused by force 
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majeure, safety and/or security reasons as determined by the Civil Aviation 
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Authority of the Philippines (CAAP). 
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The Civil Aeronautics Board (CAB) shall verify and investigate all flight 
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cancellations to assure passengers and the general public of the validity of the 
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cause of cancellation. 
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SECTION 8.  Delayed Flight. – The airline shall transport the checked-in 
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passenger according to the date and time indicated in the passenger’s ticket. A 
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delay of at least three (3) hours from the ETD shall entitle the impacted 
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passenger to snacks or meals, as applicable, and the option to rebook or cancel 
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the flight and seek a refund or lodge the fare amount to a travel fund. 
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A flight that is delayed of at least six (6) hours from the ETD shall be 
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considered cancelled, and the provisions of Section 7 of this Act shall apply in 
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addition to the snacks or meals provided to the passengers. 
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SECTION 9. Rebooking. – All rebooking caused by flight cancellations 
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attributed to the airline's or any government agency's fault or related to force 
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majeure, public safety, and public security shall be free of charge. Rebooking 
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shall take effect on the next available flight. 
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All other rebooking shall be subject to the airline’s terms and conditions. 
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SECTION 10. Refund. – All tickets purchased at regular or promotional 
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prices shall be refundable.  
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All tickets purchased with cash, bank transfers, online payment, or credit 
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card shall be refunded promptly or upon demand of the passenger. 
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SECTION 11. Travel Fund – A travel fund established by the airlines for 
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travelers who cancel their flights shall be exempt from surcharges administrative 
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fees and other deductions. It shall have no expiration.  
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SECTION 12. Damaged, Delayed and Lost Luggage. – The airline shall be 
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entirely responsible for properly and safely transporting the passenger’s luggage 
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to the point of destination on the same flight. 
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The airline shall notify the passenger whose luggage has been offloaded 
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or shall be delayed as soon as feasible. It shall ensure that the offloaded luggage 
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is transported on the next available flight. For every twenty-four (24) hour delay 
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in delivering the luggage to the passenger’s lodging, the airlines shall 
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compensate the passenger with Five Thousand Pesos (Php5,000.00). A fraction 
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of 24 hours shall be calculated to the whole amount. 
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The airline shall be required to compensate the passenger for damaged or 
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lost luggage. The amount of compensation for international travel shall be based 
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on the relevant convention. For domestic travel, the amount shall be computed 
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based on the passenger’s proof of value or, in the absence of such proof, half the 
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amount paid based on the relevant convention converted to Philippine Peso. 
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If the luggage is not found after seven (7) days, it shall be considered 
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permanently lost. 
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SECTION 13. Penalties. – Any violation of this Act shall be penalized under 
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the relevant provisions of Republic Act No. 776 or the Civil Aeronautics Act of 
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the Philippines, Republic Act No. 7394 or the Consumer Act of the Philippines, 
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or any other applicable laws, rules, and regulations. 
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SECTION 14. Assistance. – The CAB shall always operate an Assistance 
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Desk in all airports around the country, where all passenger issues and 
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complaints shall be accepted, assessed, assisted, and resolved as promptly as 
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possible. 
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SECTION 15. Congressional Oversight. – For the effective implementation 
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of this Act, a Congressional Oversight Committee is hereby created to be known 
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as the Congressional Oversight Committee on Air Passenger Protection. It shall 
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be composed of five (5) Senators and five (5) Representatives to be appointed 
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by the Senate President and Speaker of the House of Representatives, 
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respectively. It shall be co-chaired by the Chairperson of the Senate Committee 
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on Public Services and the Chairperson of the House Committee on 
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Transportation. 
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SECTION 16. Appropriations. The initial amount necessary for the 
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implementation of this Act shall be charged against the current budget of the 
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Department of Transportation (DOTR). After which, the amount needed for the 
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continued implementation of this Act shall be included in the annual General 
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Appropriations Act. 
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SECTION 17. Implementing Rules and Regulations. Within sixty (60) days 
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from the promulgation of this Act, the CAB, in consultation with the DOTR, 
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Department of Trade and Industry (DTI), CAAP and other stakeholders shall 
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formulate the necessary rules and regulations for its effective implementation.  
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Section 18. Separability Clause. If any provision of this Act is declared 
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invalid or unconstitutional, the provisions not hereby affected shall remain in full 
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force and effect. 
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Section 19. Repealing Clause. All laws, decrees, orders, rules and 
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regulations or parts thereof, inconsistent with or contrary to the provisions of 
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this Act are repealed, amended or modified accordingly. 
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Section 20. Effectivity. This Act shall take effect fifteen (15) days after its 
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publication in the Official Gazette, in a newspaper of general circulation, or on a 
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website provided for by law.
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Approved,