Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINHTHENTII CONGRESS
FIRET REGULAR SESSION
HouseBi||No.8160
INTRODUCED BY Rep. ZIAUR-RAHMAN ALONT0 ADI0NG
EXPLANATORY NOTE
Air travel plays an important and indispensable role in the continued progress of our great
nation. As an archipelago we are a people divided by oceans and we overcome this great hurdle
by way of air travel.
Over the years, news reports have shown the various predicaments that air passengers in
the Philippines experience. They have faced delays, cancellations, lost and damaged baggage, and
overbooking.  Such events not only create frustration for our air passengers but also in loss of
money, opportunities, and time.
This bill sets out a range of protections for air passengers, including measures to address
flight cancellations,  delays,  lost or damaged baggage,  and  overbooking.  These protections are
critical  because  air travel  has  become  an integral  part of our  lives,  and we  must ensure that
passengers are treated furly and have access to essential services.
Under the Bill of Rights for Air Passengers, airlines must provide passengers with clear
and concise information about flight schedules, delays, and cancellations. This information must
be communicated in a timely manner and in a way that is easy to understand. Airlines must also
provide compensation for flight delays and cancellations that are within their control, and must
offer alternate flights or refunds in the event of significant delays or cancellations.
The Bill of Rights for Air Passengers also includes provisions to protect passengers from
being  denied  boarding  due  to  overbooking.  In the  event  of an  overbooking  situation,  airlines


provide altcmatc flights or refunds whcrc appropriate.
This  bill  also  addrcsscs  the  issue  of  lost  or  damaged  baggage,  requiring  airlines  to
provide adequate compensation to passengers who cxpcricncc thcsc issues. Additionally, airlines
must provide passengers with clear information about their rights and options in the cvcnt of lost
or damaged baggage, and must work to rcsolvc these issues in a timely and cfricient manner.
Overall. the Bill of Rights for Air Passengers is a critical piece of legislation that seeks to
protect the rights of air travelers and ensure that they are treated fairly and with respect. and can
travel with greater confidence and security.


IiuuDL ur  I{hl'KLSHr` lAl`lvLS
Quezon City., Metro Manila
NINETEENTH CONGRESS
SECOND REGULAR SESSION
HouscBii]No.8160
INTRODUCED BY Rep. ZIAUR-RAHMAN ALO`'TO ADIONG
AN ACT
pRovlDlh-G FOR A BILL oF RIGHTS FOR AIR PASSENGERS, pENALlzlr\`G
VIOLATIONS THEREOF, AND FOR OTHER PURPOSES
Be   it   enacted   by  the  Senate  and   House  Of  Representatives   Of`  the   Philippines  in  Congress
as:sembled..
CHAPTER I
GENERAL PROVISIONS
Section  I.  Short Title. This act shall be known as the Bill of Rights for Air Passengers
Act.
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 State aims
to  provide  a  seamless  and  satisfactory  travel  experience  for air  passengers`  while  holding  air
carriers accountable for any wrongdoing.
Section 3. Definition of Terms. As used in this Act:
a.    Air  Carrier  refers  to  an  airline  company which provides  transportation  services
under a contract of carriage via airplanes and other similar means:
b.    Baggage refers to any personal property carried by the passenger which has been
checked in with the airline:
c.    Off-loaded Baggage refers  to 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.
d.    Cancellation  refers  to  the  act  of revoking  the  contract  of carriage  bctwcen  the
passenger and the air carrier. This includes the following instances:


(ETD) regardless if the reason was by fault of the carrier or not.
ii.        Cancellation by the air carrier after an unduly long delay; and.
iii.       Cancellation by the passenger or a situation deemed cancelled as provided
under this Act.
e.    Check-in  Period  refers  to  the  time when the air carrier's  check-in  counters  are
open  for  accepting and processing passcngcrs checking in for their flights  which
usually  starts  at  least two (2) to three (3) hours prior to the ETD in international
airports  and in airports  designated  by the Department of Transportation (DOTr).
In other airports, the check-in period starts at least one ( 1 ) hour prior to the ETD;
f.    Confirmed Rcscrved Seat refers to a seat on a specific date and on a specific flight
and  class  of service  of   an  air carrier, which has been requested by a passenger,
and  which  the  carrier  or  its  agent  has  verified`  by  appropriate  notation  on  the
ticket. as being reserved for the accommodation of the passenger;
9.   Convention refers to the applicable international agreement, convention. or treaty
on carriage of goods or persons by air;
h.   Qg!a}Lrcfers  to  the  deferment  of a  flight  to  a  later  time  that  that  originally
scheduled.
i.       Terminal  delav  is  a delay that occurs while the passengers are still  inside
the terminal waiting for boarding; and,
ii.       Tarmac  delay  is  a delay  that  occurs  while  the  passengers are  already  on
board the aircraft.
i.     Denied  Boarding  refers  to  a  situation  where  a  passenger who  has  a  physically
presented  travel  documents  pertaining  to  a  confrmed  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;
j.     Denied Check-jn refers to a situation where a passenger, who has presented travel
documents  to  an  air carrier's  check-in counter, has checked-in online or through
the check-in  kiosks  located  inside  the airport at the appointed time, is denied or is
not processed for boarding a particular flight;
k.   Ea[g_refers  to  the  payment  in  consideration  for the  carriage  of a passenger but
shall not include charges for ancillary services.
i.       Regular    fare    is    any    fare    that    is    offered   on    a   regular   basis,    is
non-discounted,  and  offers  the  advantage of cancellation, changing flight
time or schcdulc` rcrouting, or rcbooking, by the passcngcr` whcthcr for a
fee or penalty` or without such fee or penalty.
ii.       Promotional  fare is any fare that is generally lower than a regular fare and
is offered for a specific period subject to stipulations for such promotion;
I.     Frcc  Tickets  rcfcr  to  tickets  provided  by  carriers to passcngcrs,  tickets a\/ailablc
for   free to employees, and tickets claimed based on mileage, which do not have


regular or promotional fare.
in.  Gcncra]  Sales Agent rcfcrs to a person who is not a bona  fidc cmp]oycc 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 ReQ.uisition 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 thcrcof,  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  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;
q.   Overbooking  refers  to  the  practice  of air carriers  of selling  confirmed  reserved
seat  beyond the  actual  seat capacity of the aircraft.  This shall  include a situation
wherein an aircraft carrier downgrades an aircraft resulting in the bumping off of
passengers    that    is    not    grounded    on    safety    or    unforeseen    operational
circumstances.
r.     Passenger  refers  to  a person actually traveling 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  Disabilitv  (PWD\  refers  to  those  who  have  a  long-term  physical,
mental,  intel]ecfual,  or  sensory  impairmcnts.  which,  in  interaction  with  various
barriers,  may  hinder their  full  and  effective  participation  in  society  or an  equal
basis with others;
t.     Philip_Dine-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    rcfcrs    to    the    tcchniqucs    intcndcd    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
winner/s  and  which  utilize  mass  media  and  widcsprcad  media of information.  It
also   means  techniques   purely   intended   to   increase  the  sales,  patronage,  and
goodwill of a product; and.


regular and published timetable and routes and which does not have flexibility in
terms  of time.  schcdulcs,  routes,  and  choices  of airports  and similar operational
characteristics.
Section  4.  Scope  of Application.  This  Act  shall  apply  to  all  aspects  of the contract of
carriage  for  flights  or  portions  of a  flight,  within  the  territory  of the  Philippines  or  from  the
territory  of the  Philippines,  opcratcd  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  c`harter
flights and the conduct of individual tickcting: 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.
Section 5. Applicability of International Laws and Pertinent Conventions. In case of
conflict between the provisions of this Act and provisions of any treaty or convention where the
Philippines is a signatory, the provisions of the latter shall prevail. Where the Philippines is not a
signatory,   the   provisions   of  any  treaty  or  convention   shall   have  suppletory  effect   in   the
implemcntation  of  this  Act  insofar  as  the  same  are  not  contrary  to  the  provisions  of these
selfsame provisions..
CHAPTER 11
cor`-TRACT 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 latter's person,  or loss, damage, or
unreasonable  deterioration  of their baggage,  if any.  and the passenger obliges themsclf to pay a
just and reasonable airfare.
Section  7.  Perfection  of the  Contract of Air Carriage. The contract of air carriage is
perfected  from tlie moment the air carrier and the passenger give their respective consent to the
said 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 by the said passenger.
Section 8. Diligence Required. Air Carriers, due to the nature of air transportation` being
imbued with public  intcrcst, arc obliged to obscrvc extraordinary diligcncc in the pcrformancc of`
their  obligations  under  the  contract  of  air  carriage.  Air  passengers  are  required  to  observe
ordinary diligence while the contract of air carriage is cffectivc.
Section 9. Presumption  of Negligence. In case of damage or injury to the person of the
air  passenger,  or  loss.  damage,  or  unreasonable  deterioration  ol` their baggage,  if any,  the  air


avert the same.
Diligcncc  obscrvcd in the sclcction and supervision of cmployccs shall not bc a dcfcnsc
to  rebut  this  presumption.  In  the  case  of carriage  of goods  and baggage,  the presumption  of
ncgljgcncc   shall   not   apply   if  the   loss,   damage,   unrcasonablc   dctcrioration   is   caused   or
occasioned by any of the following:
1 )   Flood, storm, carthquakc, lightning, or other natural disaster or calamity.
2)   Act of a 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.
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 air carrier.
CHAPTER ITI
RIGHTS AND OBLIGATIONS OF THE PASSENGERS
Section   13.  Clear.  Truthful   and   Understandable   Information.  In  addition  to  the
information enumerated in Section  I 5  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 fccs and ancillary charges (such as but not limited to taxes, insurance, fuel
surcharge, seat reservation, etc.) :
b.    Travc] restrictions;
c.    Baggage allowance and limitations;
d.    chcck~in and boarding rcquircmcnts and dcadlincs;
e.    Air  carrier's  responsibihties  and  passenger's  rights  and  compensation  for delayed  and
cancclcd flights, and for death and injuries and lost, dclaycd or damaged baggage;


9.    Procedures for claims against the carrier;
h.    Scrviccs and amcnitics provided by the air carrier; and`
i.     Other crucial and necessary conditions of the contract of carriage.
Section  14.  Method  of Disclosure.  An air carrier shall cause  the  disclosure under the
immcdiatcly preceding section to bc printed on or attached to the passcngcr ticket, boarding pass.
or by clearly stating the complete terms and conditions of carriage for perusal or review in the air
carrier.s  wcbsitc,  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 officc 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 canicr 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
mediuni 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:
c.    government taxes and fuel surcharges:
d.    other fees and charges;
e.    Contact details of the carrier which include phone numbers, websites, emails, and
online accounts:
f.    Other information that is necessary to apprise the passenger of conditions and full
price  of the  ticket  which may include incorporation by the 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'
9.    Tn case of promotional  fares, the number of scats offcrcd on a per sector basis, the
CAB permit or approval number and the duration of the promo.
Section  16.  Right to  Receive  the Full Value  of the  Ser`'ice 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 scrvicc that an air passcngcr 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 passcngcr.


Section  17.  Right to  Mandatory Fare Discount. Qualified senior citizens, PWDs. and
students  arc    cntitlcd  to  a  twenty  pcrccnt  (20%)  discount  on  all  regular  fares.  To  avail  of the
discount, persons concerned are required to show competent proof that they belong to the above
catcgorics.    Compctcnt   proof   includes    govcmmcnt   issued    identification    cards   or   school
identification cards.
To avail of this discount, a student,  at the time of the 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 goverrmcnt.  For the purpose of this
Act, those taking up post-graduate courses such as medicine. law, master's and doctorate degrees
as well as short term courses` classes. and seminars such as dancing` singing, and driving lessons
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 the purposes of taxation,
the  discounts  herein  imposed  shall  be  allowed  as  deductions  on  the  gross  income  of the  air
Camer.
Section  18.  Right to  Refund.  Every passenger holding a rcfundable 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.
Section  19. Right to Cancel a Flight. If the passenger cancels the confirmed flight more
than  twenty-four  (24)  hours  before  the  ETD,  the  passenger  may  be  entitled  to  seventy-five
percent   (75%)   of  the   cost   of  the   ticket   excluding  charges  for  ancillary  scrviccs,  with  the
remaining  twenty-five  percent  (25%)  to  be  retained  as  a  cancellation  fee.  There  shall  be  full
reimbursement  of such  charges  for  ancillary  services  not  availed  of,  such  as 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  cliarges  for  aricillary  services  not  availed  of.  such  as  baggage  fees  and
terminal fees.
Section 20. RIght to Rebook a Flight. Every passenger who was informed that the ticket
purchased can bc rcbookcd shall have the right to rcbook the flight in accordance with thc terms
and conditions set forth under the air]ine's rebooking policy.
Section  21.  Right  to  be  Processed  for  Check-in.  A  passenger  holding  a  confimed
ticket,    whcthcr    under    a    promotional    or    rcgu]ar    schcmc.    with    complctc   documcntar}'
requirements`   and   who   has   complied  with   the   air  carrier's   check-in   procedures,   shall  be
proccsscd accordingly at the check-in counter within the check-in dcadlinc. For this purpose. the


check-in   counters   and  check-in  deadline  for  both  local  and  international  flights  giving  the
passcngcr enough time to bc proccsscd 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 cnsurc that its passcngcrs 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 cancclcd flights` and chance passcngcrs, in that order, when there are
still seats available.
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  Aireraft  for  the  Purpose  of  Flight.  Except  when  the
passenger is at fault, or due to legal or valid causes such as immigration issues, safety. sei`urity,
and  health  conccms  when  there  is  a  legal  or valid  cause`  a passenger who  has  check-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  of 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,
education3   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 carrier.
Section  25. Right to be Respected. Air passengers shall have the right to be respected at
all  times  by  the  air  carrier.  Airline  cmployccs  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 passcngcr`s health rcquircs  it.  Air carriers  shall  train  flight pcrsonncl and
crews in handling and responding to emergency situations and shall provide at least one ( 1 ) flight
crew who  is ccrtificd 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 passcngcr has a right to disembark from an aircraft when, in
consideration  of the passenger's condition, continuing the journey or being onboard the aircraft


disembark and determine whether it is to the best interest of the passenger to deplane.
A  passcngcr  shall  have  access  to  csscntia]  scrviccs  such  as  adcquatc  food  and  potable
water,   clean   and   safe   lavatory   facilities,    and   cabin   ventilation   and   comfortable   cabin
tcmpcraturcs.
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 cffectivity 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 histher person, and loss or deterioration of one's baggage and property, or
for overbooking 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 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  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.
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 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.     rc7-w!z.#a/  Dc/¢v..  In  case  the  flight  is  delayed  for  at  least  two  (2)  hours  after  the  ETD`
whether or not such is attributable to the carrier, a passenger shall have the right to:
i.       bc  notified  via public  announcement  ofthc reason  for the delay and the LTD as
soon as the information is available.
ii.       bc    provided    a    minimum    lcvcl    of    care    immcdiatcly,    on    the    spot,    at
terminals;'stations,  while  waiting  for  the  beginning  or  the  continuation  of the
delaycdjoumey:
iii.       be offered the following free of charge;
I.    sufficicnt  meals  and  rcfrcshmcnts  in  a  rcasonablc  relation  to  the  waiting
time;


1V.
communications;
3.    frcc intcmct access; and,
4.    first aid, when 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.
Declare that they are canceling their reservation and ask for  refund or rebooking
in  accordance  with  sections  18 and 20 hereof; or ask for endorsement to another
Camer.
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 canceled and the affected passenger
shall be entitled to the remedies provided under section 29(a).
b.    raj7#czc  De/a,i'.   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 deplanc. In case the delay exceeds three (3) hours,
the passenger may request disembarkation.
c.    f4rr!-vo/ Dc/cI};.  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 (Plo,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 entjtlements  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
canceled  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 bc
entitled to compensation of the value of the sector deemed canceled. if the passenger is endorsed
to another carrier and the passenger is able to complete theirjoumey.
Section 30. Rights of a Passenger for Canceled flights or flights Deemed Canceled. A
passenger  has  a  right  to  compensation  in  cases  of flight  cancellation  subject  to the  following
rules:
a.    If a flight is canceled due to a cause attributable to air carrier, a passenger shall have the
right to:
i.       Be   notified   beforehand   as   soon    as   possible   of   the    situation   via   public
announccmcnt,  written/published  notice,  and  flight  status  update  scrvicc  cithcr
through text or electronic mail;


terminals/stations;
iii.       Bc offcrcd frcc ofchargc;
I.    sufficient  meals  and  refreshments  in  a  reasonable  relation  to  the  waiting
1V.
V.
Vl.
tlmc;
2.   hotel accommodation   near the airport in cases where a stay of one (1) or
more nights bccomcs ncccssary, or whcrc a stay additional to that intcndcd
by the passenger becomes necessary; and `
3.    Transportation scrvicc betwccn the aixpor{ 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;
Subject to the provisions of Sections  10 and  19 hereof, be reimbursed within five
(5) days, either bay 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 passengers 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;
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 multi-sectorjoumey, in addition to the rights and cntit]ements 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 canceled  due  to  the
cancellation.
b.    In  case  the  carrier  cancels  the  flight  because  of force  majeure,  safety,  and''or  security
reasons as ccrtificd by the CAAP, a passcngcr shall have the right to:
i.       Rebook  the trip  to  another trip  in  the  future,  subject to  the payment  of the fare
difference, if any;
ii.       Reimbursementofthe value of the fare;
iii.       Endorscmcnt to another airline, at the option ofthc passcngcr.


and  shall  not  prohibit  the  air carrier from granting more favorable conditions or resources as it
may dccm appropriate.
Section  31.  Rights  of Passengers  Denied  Boarding.  A passcngcr who has chcckcd-in
for a particular flight cannot be denied from boarding the aircraft except for legal or other valid
causes  such  as  immigration  issues,  safety  and  security,  and  health  concerns.  In  case  where  a
passenger  is  denied  boarding  because  the  number  of passengers  is  not  due  to  overbooking.
govcmmcnt,  government  requisition  of space,  downgrading  of an  aircraft or legal  orders, the
flight  in  respect to the affected passenger shall be deemed canceled 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 CAP
or  legal  order  of other  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  remedies   in  the
preceding   paragraph   with   the   cost   chargeable   against   the   air   carrier   subject   to
reimbursement by the requesting agency if allowed; and,
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  \.oyage`
such  passenger  shall  not be entitled to any relief provided for under this Act.  Provided, that no
passenger shall be denied boarding for two (2) consecutive times on the same day, except when
public  morals,   safety,  order,  or health  requires  it;  provided  further,  that  PWD's,  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 carrier.  first to the passengers of delayed or canceled
flights of the same air carrier of another air carrier, through endorsement between the two (2) air
carriers. Aftcrwards` any remaining empty scats arc to bc offcrcd to chance passcngcrs.
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 bc in the following amounts.
a.    For   international   flights,   twenty   United   States   dollars   (`USD   20)   per  kilogram   for
chcckcd-in baggage and four hundred dollars quTSD 400) for hand-carried baggage.


presumed lost if, within a period of seven (7) days counted from the time the passenger or
consigncc   should   have   rcccivcd  the  same,  the  baggage  is  not  dclivcrcd  to  the  said
passenger or consignee.
Once  the   baggage   is   dcclarcd  to   bc  pcrmancntly  lost  in  the  case  of  domestic  flights.  the
provisions  set in  the  contract  of carriage  shall  apply  in  the valuation of the lost belongings.  In
case   of  intcmational   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  cainer  shall  inform  the  passenger  at  the  soonest practicable  time,  if possible  immediately
upon  the  occurrence  thereof,  and  in  such manner that the passenger shall  readily  know  of the
off-loading  that  histher baggage  has  been  offloaded  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, e\;en 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  histher  residence,  and  tender an  amount  of
two-thousand   pesos   (P2,000.00)   for   every   twenty-four   (24)   hours   of   late   delivery   as
compensation  for the  inconvenience.  The  passenger  shall  also have a right to the refund c>f the
checked baggage fees if the baggage was not delivered to the passenger within twenty~four (24)
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 (P500.00) 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 intemational flights, item (a) under this paragraph shall apply.
Section 34. Compensation for Death and Bodily Injuries.
a.    In  the  case  of international  flights, the rules of the relevant convention shall apply as to
the compensation  for death  or bodily injuries sustained by a passenger in the contract of
carriage.
b.    For  domestic  flights,  the passcngcr shall  bc  cntitlcd  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 equlva]ent 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


passenger has suffered.
CHAPTER IV
RIGHTs, DUTIEs, AND OBLIGATloNs OF THE Am 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-flight  counties  which  will  serve  passengers  without regard  to  destination.  As far as
practicable,   the  air  carrier  shall,  in  addition  to  all-flight  counters,  open  a  separate  counter
dedicated for a flight nearing check-in deadline to facilitate the checking-in of passengers at least
an hour before the published ETD.
Section 38.  Special Accommodation  of PWD's, 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 Magma Carta for Disabled persons as amended by Republic
Act No. 9442 and its implementing rules and regulations;
b.    Batas Pambansa 81g. 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  lmplementing  rules  and
regulations.
The contract of air carriage shall  clearly enumerate the necessary terms and conditions affecting
the   rights   of  PWD's,   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 wclfarc of the abovcmentioned passengcrs` shall  implement a system allowing these groups
of persons  enough  and  convenient  opportunity  to  comply  with  aviation  requirements and their
spccial  nccds,  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
the persons mentioned above.
Section  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, govcmmcnt requisition of space, as


the air carrier shall perform the following:
a.    Dctcrminc the number of passcngcrs in cxccss of the actual scat capacity ofthc aircraft;
b.    announce that the flight is overbooked, and that it is looking for volunteers willing to give
up their scats in cxchangc for air canicr 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/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    transformation    to    felTy    a    passenger    from    the
originally-designated airport of the 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 (CSR) who can address common problems on the spot, 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.
Tn   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.
Section  42.  Remedies  of the  Passenger.  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 an acknowlcdgcmcnt rcccipt.  Give one (I ) copy to
the CSR for processing.
c.    Give the other copy to the Complaints and Assistance Desk (CAD) of CAB at the airport
and attach the report form from the air carrier on the report form from the CAB.
d.    Get acknowlcdgcmcnt rcccipt 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.


documents and other evidence to support the claim.
Section  43.  Operational  Spare.  An  air  carrier  shall,  in  adopting  its  flight  schedules,
cxcrt all  efforts to manage the disposition of its aircraft in such a w'ay as to bc able to rcallocatc
aircraft to take the place of another aircraft in case the latter cannot carry the passengers due to
operational rcquircmcnt, aircraft maintcnancc, and other similar situations.
Section 44. Immediate Reporting of Off-loaded Checked Baggage. In case a chcckcd
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  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 CAP, 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 (20) persons per check-in counter.
Section  46.  Assignment of Technical  Personnel  in  Airports.  The  CAAP shall  cnsurc
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 CAP Central Office.
Section  47.  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
assi.ened  pcrsonncl  to report 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  passcngcr  and  air  carrier shall  exhaust  all  efforts
toward settling the dispute amicably in accordance with the provisions set forth in this Act. If no


Case.
CHAPTER VII
PENAL PROVISIONS
Section 49. Penalties. Any \Jio]ation of this Act shall bc penalized in accordance with the
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 or the Magma Carta for
Disabled Persons,  as amended, Batas Pambansa Big. 344 or the Accessibility Law, Republic Act
No.  9994 or the Expanded Senior Citizen's 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  shall  .after due hearing,  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  SO.  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   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.  Implementing  Rules  and  Regulations.  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  passengers  organizations,  air  carriers.  and  other directly  affected
stakeholders,   promulgate  the  necessary  rules   and  regulations   to  effectively   implement  the
provisions of this Act.
Section 52. Congressional Oversight Committee. A Congressional oversight committee
for  air passcngcr 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
Rcprcscntativcs, rcspcctivcly. The Committcc shall, in aid of legislation:
a.    Monitor and ensure the proper implementation of this Act;
b.   Rcvicw the collection pcrformancc of the Authority; and,


collected fund.
In  furthcrancc of thcsc objcctivcs, the Committcc  is cmpowcrcd to rcquirc the DOTr, DTI. CAP,
and  CAB,  to submit all pertinent information,  including complaints filed by the passengers and
the complaints rcsolvcd by the air carriers and the CAB. The Committcc shall bc in cxistcncc for
a period of five (5) years, and thereafter, its oversight functions shall be exercised by the Senate
Committcc on Public Scrviccs and the House Committee on Transportation acting scparatc]y.
Section  53.  Appropriations. The Secretary of Transportation 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 armual General Appropriations Act.
Section 54. 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.
Section   55.   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.
Section  56.  Effectivity  Clause.    This  Act  shall  take  effect  fifteen  (15)  days  after  its
publication  in the Official Gazette or in a newspaper of general circulation.
Approved.