LATH REVIEWER 2.
Regulated Carrier
LAWS REGULATING TOURIST
TRANSPORTATION BUSINESS
What is transportation?
Transport or transportation is the movement of
people and goods from one location to another
Transportation is the movement of products
from one mode in the distribution channel to
another.
What are the different modes of
transportation?
Land Transport – Rail and Road transport
Water Transport – ship, boat
Air Transport – plane, helicopter
Intermodal Transportation – combination of 2
or more kinds of transport What are the roles of
Transportation in Logistics?
• Transportation is the physical link connecting
the firm to its suppliers and customers.
• In a nodes and links scenario, transportation is
the link between fixed facilities (nodes).
• Transportation also adds value to the product
by providing time and place utility for the firm’s
goods.
LEGAL CLASSIFICATION OF CARRIERS
1. Common Carrier
• For-hire carrier that serves the general public
at reasonable rates and without discrimination.
• Carrier is liable for damages to products
carried.
• Exceptions to liability include acts of God, acts
of the public enemy, acts of the shipper and
defects inherent in the goods.
• Backbone of the transportation industry.
• Regulated carriers are found in motor and
water carriage.
• Regulations including entry controls,
reasonable rates, and nondiscrimination
provisions.
• Must provide safe and adequate service
3. Contract Carriers
• For-hire carrier that does not have to serve
the general public.
• May serve one or a few shippers exclusively.
• May offer specialized equipment.
• Other aspects of the carrier/shipper
relationship are made a part of the contract
between the two parties.
• Rates usually lower than common or regulated
carriers.
4. Private Carriers
• Private carriage is the firm’s own
transportation.
• Not for-hire and not subject to Federal
regulations.
• May not be the firm’s primary business but
can charge an intracompany fee for
transportation services.
• Almost exclusively motor, but some rail, air
and water also exist
• Firms gain ultimate control over shipments
and achieve maximum flexibility in moving
goods.
• Backhauls are usually empty or return
materials to the firm’s plants and/or
warehouses.
• Requires a large capital investment.
• Requires management time and expertise.
LAWS ON COMMON CARRIER
What is a common carrier?
Operators of public utility vehicles are
considered as common carriers. A common
carrier is defined under the Philippine Civil Code
as “persons, corporations, firms or associations
engaged in the business of carrying or
transporting passengers or goods or both, by
land, water, or air, for compensation, offering
their services to the public”.
What are the Elements of a Common Carrier?
1. Business of transportation.
2. For compensation.
3. For public use – the holding out of the service
is made to all persons in general without going
through any selection process.
DIFFERENCE OF A COMMON CARRIER FROM A
PRIVATE CARRIER
Common Carrier
Holds himself out in common that is to all
persons who choose to employ him as ready
to carry for hire.
Bound to carry for all who offer such goods as
it is accustomed to carry and tender
reasonable.
It is for public service and subject to
regulation.
Required to exercise extraordinary diligence.
Private Carrier
Agrees in some special cases with some
private individual to carry for hire.
It is not bound to carry for any reasons,
unless it enters a special agreement to do so.
Not for public and not subject to regulation.
Not required to render extraordinary
diligence
What are the 4 Characteristics of Common
Carrier?
1. The common carrier is regarded to some
extent as a public service since he holds himself
out as ready to engage in the transportation of
goods for hire as a public employment and not
as a casual occupation. He is bound to serve all
who apply and is liable for refusal, without
sufficient reason to do so.
2. The common carrier cannot lawfully decline
to accept a particular class of goods for carriage
to the prejudice of the traffic in those goods.
However, the common carrier can do so where
for some sufficient reasons, the discrimination
in such goods is reasonable and necessary
under all the circumstances of the case.
3. No monopoly is favored. The Public Service
Commission has the power to say the
reasonable rules for the convenience of the
traveling public and to enforce them.
4. It is also for public convenience.
What is a Charter?
It means that there is a contract between the
passenger and the carrier wherein the latter
undertakes to transport the former to his
destination safely. Is charter a common or
private carrier?
Under transportation laws, a common carrier
engaged in the carrying of passengers, from the
nature of its business and for reasons of public
policy, is bound to observe extraordinary
diligence to ensure the safety of the passengers
transported by them. The law further provides
that a common carrier is bound to carry the
passengers safely as far as human care and
foresight can provide, using the utmost
diligence of very cautious persons, with a due
regard for all the circumstances. Ordinary
diligence is not good enough. It has to be
extraordinary diligence.
Nature of Responsibility of Common Carriers
1. The public must of necessity rely on the care
and skill of common carriers in the vigilance
over the goods and safety of the passengers.
2. Extraordinary diligence in the vigilance over
the goods and for the safety of the passengers
transported by them, according to all
circumstances of each case.
3. In case of death of, or injuries to, passengers,
common carriers are presumed to have been at
fault or to have acted negligently, unless they
prove that they observed extraordinary
diligence.
4. The obligation of a common carrier arises
from contract known as “contract of carriage”.
5. Common carriers are likewise responsible for
injuries suffered by passenger on account of the
willful acts or negligence of other passengers or
strangers, if the common carriers’ employees
could have prevented or stop the act or
omission.
This duty of common carriers to exercise the
highest degree of diligence commences from
the moment the person who purchases the
ticket from the carrier presents himself at the
proper place and in a proper manner to be
transported. Once created, the relation of
carrier and passenger will not ordinarily
terminate until the passenger has, after
reaching his destination, safely alighted from
the carrier’s conveyance or had a reasonable
opportunity to leave the carrier’s premises.
Period Wherein the Degree of Extraordinary
Diligence Should End:
1. The extraordinary responsibility of the
common carrier lasts from the time the goods
are unconditionally placed in the possession of,
and received by the carrier for transportation
until the same are delivered, actually or
constructively, by the carrier to the consignee,
or to the person who has a right to receive
them, without prejudice.
2. The common carrier’s duty to observe
extraordinary diligence over the goods remains
in full force and effect even when they are
temporarily unloaded or stored in transit, unless
the shipper or owner has made use of the right
of stoppage in transit.
3. The extraordinary liability of the common
carrier continues to be operative even during
the time the goods are stored in a warehouse of
the carrier at the place of destination, until the
consignee has been advised of the arrival of the
goods and has had reasonable opportunity
thereafter to remove them or otherwise dispose
of them.
Common Carriers are Absolved from Liability
when:
1. Flood, storm, earthquake, lightning, or other
natural disaster or calamity;
2. Act of the public enemy in war, whether
international or civil;
3. Act or omission of the shipper or owner of
the goods;
4. The character of the goods or defects in the
packing or in the containers;
5. Order or act of competent public authority.
What is a Contract of Carriage?
A contract of carriage is a contract between a
carrier of goods or passengers and the
consignor, consignee or passenger. Contracts of
carriage typically define the rights, duties and
liabilities of parties to the contract, addressing
topics such as acts of God and including clauses
such as force majeure. Among common carriers,
they are usually evidenced by standard terms
and conditions printed on the reverse of a ticket
or carriage document.
Air waybill (AWB) - is a non-negotiable
document issued by a carrier when goods are
transported by air. An air waybill acts as delivery
instructions, a contract of carriage, and a cargo
receipt for air freight.
Bill of lading (BOL or B/L) - is issued to a shipper
detailing the method and path of a shipment. It
is a contract for the movement of the goods,
and serves as a receipt for the cargo and can act
as proof of ownership of the goods being
transported. Ocean shipments use bill of lading.
What are the liabilities of International Air
Carriers according to Warsaw Convention?
• Air carrier is presumptively liable for all
damage to cargo unless the
airline shows not at fault or the shipper is
negligent
• Air Carrier is liable for death or bodily injury
resulting from accident
aboard the aircraft or in boarding and
disembarking
• Air Carrier is liable for Cargo Loss or Damage
unless due to inherent
defect, defective packaging not by carrier, act of
war or armed conflict, act of public authority,
negligence of shipper
• Air carrier is liable for baggage loss of the
passenger
Enforcing Warsaw Convention
• Suits can only be brought in countries that are
signatories
• Where ticket was purchased, final destination
or where carrier has principal place of business
• Suits for death or injury in passenger’s
principal residence If carrier
operates there (Montreal Convention)
• Time Limits
• Must file notice for cargo or baggage damage
– notify within 7 days of receipt of checked
luggage; 14 days for receipt of cargo
• Delay of baggage or cargo – notify in writing
no later than 21 days from date of actual
delivery
• Must file suits against air carrier within two
years
What is Carriage of Goods by Sea (COGSA)?
What are the liabilities under COGSA?
• Carrier must use diligence in providing
seaworthy vessel at beginning of voyage. Carrier
is not liable for damage due to fire, storms and
negligence in navigating or managing ship
• Delivery of Damage Cargo – carrier must give
written notice to carrier at port of discharge
o For visible damage – give notice immediately
o If damage is not visible – give notice after 3
days
o Must file suit within one year
o Clean Bill of Lading establishes presumption
that goods
delivered to carrier are in good condition –
shifts burden to
carrier
o For sealed containers – the outer condition of
container is
only established
• Carrier is not liable for perils of sea
• Shipper is liable for inherently shipping
dangerous goods when
neither shipper nor carrier had actual
knowledge of the danger
Ways of Enforcing the Liability of Common
Carriers
When a common carrier fails to comply with the
standard of care required of it by law, it may be
sued on the ground of either:
1. Breach of contract
2. Tort or quasi-delict
A person suing a common carrier cannot
maintain an action under both
grounds.
Damages Recoverable from Common Carriers
1. Actual or Compensatory damages – are
adequate compensation for pecuniary loss
suffered by a person as he has proven (e.g. –
medicine, hospitalization expenses).
2. Moral damages – include physical suffering,
mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings,
moral shock, social humiliation, and similar
injury.
3. Nominal damages – are adjudicated in order
that a right of a person, which has been violated
or invaded by the CC, may be vindicated or
recognized, and not for the purpose of
indemnifying such person for any loss suffered
by him.
4. Temperate or Moderate damages – which are
more than nominal but less than compensatory
damages, may be recovered when the court
finds that some pecuniary loss has been
suffered but its amount cannot from the nature
of the case, be proven with certainty.
5. Liquidated damages – are those agreed upon
by the parties to a contract, to be paid in case of
breach thereof.
6. Exemplary or Corrective damages – are
imposed, by way of example or correction for
the public good, in addition to actual or
compensatory, moral, temperate or liquidated
damages. Ex. Recklessness - the court will
decide whether or not they should be granted.
REGULATIONS OF AIR TRANSPORTATION
BUSINESS
• The airline industry is primarily regulated by
the Civil Aeronautics Board (CAB) and Air
Transportation Office (ATO), now the Civil
Aviation Authority of the Philippines (CAAP).
• The governing law is R.A. No. 776 a.k.a. Civil
Aeronautics Act of the Philippines.
What are the duties and responsibilities of the
CIVIL AERONAUTICS BOARD (CAB)?
• The CAB regulates the economic aspect of air
transportation.
• It supervises and regulates, has jurisdiction
over air carriers, sales and cargo agents, air
freight forwarders.
• Fixes and determines reasonable individual,
joint or special rates, charges or fares which an
air carrier may demand, collect or receive for
any service in connection with air commerce.
• CAB is authorized to grant any foreign airline
increase in frequencies and or capacities on
international routes, when in judgment the
national interest requires it.
• Air Commerce means and includes air
transportation for pay or hire, navigation of
aircraft for business.
• Certificate of Public Convenience and
Necessity (CPCN) – permit issued by CAB
authorizing a person to engage in air commerce,
whether foreign or domestic. It specifies:
• Terminal and intermediate points between
which the air carrier is authorized to operate
• Time of arrival and departure at each point
• Frequency of flights
• No carrier should abandon any routes or part
for which CPCN was issued, unless it is for the
public interest.
What are the duties and responsibilities of the
CIVIL AVIATION AUTHORITY OF THE
PHILIPPINES (CAAP)?
• The CAAP, formerly ATO, is an agency under
the Department of Transportation (DOTr)
• It is the national aviation authority of the
Philippines, responsible for implementing
policies on civil aviation to assure safe,
economic and efficient air travel.
• The agency also investigates aviation accidents
via its Aircraft Accident Investigation and Inquiry
Board.
Government Agencies That Have Jurisdiction
over Common Carrier
DEPARTMENT OF TRANSPORTATION (DOTr)
• Responsible for the maintenance and
expansion of viable, efficient and dependable
transportation and communications system as
effective instruments for national recovery and
economic.
• It is responsible for the country’s land, air, sea
and communications infrastructure.
LAND TRANSPORTATIONFRANCHISING AND
REGULATORY BOARD (LTFRB)
• Responsible for promulgating, administering,
enforcing and monitoring compliance of
policies, laws and regulations of public land
transportation services.
LAND TRANSPORTATION OFFICE (LTO)
• Responsible for optimizing the land
transportation service and facilities and to
effectively implement the various transportation
laws, rules and regulations.
MARITIME INDUSTRY AUTHORITY (MARINA)
• Responsible for integrating the development,
promotion and regulation of the maritime
industry of the country.
PHILIPPINE COAST GUARD
• Involved in the broader enforcement of
maritime laws in the country especially against
smuggling, illegal fishing and drug trafficking.
• It is also involved in maritime Search and
Rescue missions, as well as the protection of
maritime environment.
PHILIPPINE NATIONAL RAILWAYS (PNR)
• It forms the backbone of all Metro Manila’s
regional services which extends to its suburbs
and provinces.
METRO RAIL TRANSIT / LIGHT RAIL TRANSIT
• A private consortium responsible for the
maintenance of the MRT and LRT system.
NINOY AQUINO INTERNATIONAL AIRPORT
• Is one of the two international airports serving
the Metro Manila Area and is the main
international gateway to the Philippines.
• There are 4 terminals:
• Terminal 1: NAIA Terminal - International
flights, non-Philippine Airlines
• Terminal 2: Centennial Terminal - All
Philippine Airlines flights only (North wing
International, South wing Domestic)
• Terminal 3: NAIA International Terminal -
International flights
(Air Philippines, Cebu Pacific, PAL Express)
• Domestic Terminal - All domestic flights other
than Philippine Airlines
PHILIPPINE PORTS AUTHORITY
• Government entity specially charged with the
financing, management and operations of public
ports throughout the Philippines.
LAWS REGULATING TRAVEL AND TOUR
SERVICES
REVISED RULES AND REGULATION OF TRAVEL
AND TOUR AGENCIES
Definition of Terms Tour Operator
Any person or entity engaged in the business of:
• Inbound and/or Local Tour Operation such as
organizing and /or conducting tours as well as
making online reservations, arranging and
booking for transportation and accommodation
for a fee, commission, or any form of
remuneration.
Travel Agency
Any person or entity engaged in the business of:
• Providing travel-related services such as
transportation or accommodation
reservations/bookings, documentation of travel
papers, sale and/or issuance of tickets and
selling of outbound tours for a fee, commission,
or any form of remuneration.
Travel and Tour Agency
A primary tourism enterprise regularly engaged
in both Tour Operator and Travel Agency
services.
Online Travel and Tour Agency
Any person or entity whose operations are
solely conducted through websites and other
online platform dedicated to travel and tour
operations.
c) Corporations organized under Philippine Laws
• At least 60% of the subscribed common or
voting shares of stock of which is owned by
Filipino citizens and the composition of its Board
of Directors being at least 60% Filipinos. – In
case of more than 40% foreign-owned
Corporations, they shall have at least US
$200,000.00 paid-in capital.
d) Cooperative duly organized under Philippine
Laws.
Mandatory Documentary Requirements

Inbound Tour For New Application:

A tour of groups/individuals to the Philippines a) Valid Mayor’s/Business Permit
or any place within the country and any part
b) Proof of working capital of ₱500,000.00
thereof
• For Corporation/Partnership  ₱500,000.00
Local Tour
Paid-up/partners capital
A tour of residents of the Philippines within the
country • For Single Proprietorship  Original copy of
bank certification with cheque writer.
Outbound Tour
*Under the name of the Company
Tour of individuals/groups outside the
Philippines c) For General Manager
• Documents to prove a minimum of three (3)
Branch Office
years managerial experience in travel and tour
An office or outlet/tour desk which is located
agency operations or proof of passing a Travel
other than the travel and tour agency main
and Tour Agency Management Course or its
office location that sells, offers or conducts
equivalent
tours
d) Notarized List of Names of all Officials and
Commercial Building
Employees (with office designation and
A building other than a residential building,
Nationality)
developed for commercial use
For Renewal:
Dormant Application
a) Valid Mayor’s/Business Permit
An application that has not been acted upon by
the applicant for forty five (45) days b) Audited Financial Statements reflecting a
minimum of ₱500,000.00 working capital.
Requirements for Application
Additional Documentary Requirements for
Who May Apply?
Renewal and New Application
a) Resident Filipino citizen registered as – Single
a) Affidavit executed by the General Manager
or Sole Proprietorship
declaring/acknowledging the existence of their
b) Partnership organized under Philippine Laws branch offices.
• At least 60% of its capital is owned by a
b) For foreign nationals, valid working permit
Filipino citizen
(Alien Employment Permit) from the
Department of Labor
and Employment and valid visa from Bureau of
Immigration and Deportation.
c) For Airport Representatives, valid NBI
Clearance and Certificate of Regular
Employment.
Minimum Office Requirements
• Commercial Area and/or building
• Easily identifiable and shall be used exclusively
for the travel and tour operation business
• Furnished with basic furniture and equipment
• Minimum office floor area =  18 square
meters (except for Branch Office – Chapter 1,
Section 1) Minimum of three (3) employees = 
General Manager  Reservation Officer 
Tour/Product Development Officer
• Maintain a temperature between 20-25
degree year round except in areas where
elevation is 2000 ft. above sea level
c) For General Manager
• Documents to prove a minimum of three (3)
years managerial experience in travel and tour
agency operations or proof of passing a Travel
and Tour Agency Management Course or its
equivalent
d) Notarized List of Names of all Officials and
Employees (with office designation and
Nationality)
Accreditation Fees and Other Charges
Surcharge
• Additional amount equivalent to 50% of the
accreditation fee for renewals made after June
30 and another 100% shall be collected for
every succeeding year thereafter.
• Renewal Period is from April 1 to June 30
Supervision of Travel and Tour Agencies
• Main Office Accreditation  Should be
accredited prior to the accreditation of the
branch office.
• Validity Of Accreditation  Certificate of
Accreditation  VALID FOR 2 YEARS  Provided
that the required Mayor’s/Business permit and
other pertinent documents shall be renewed
upon expiration and shall be submitted to the
Department.
• Surrender Of DOT Sticker  Upon renewal of
accreditation
• Access of Department Representatives to
Agency’s Office and Records  The DOT shall
have access to an enterprise’s office and records
during business hours for verification of
compliance with the standards and
requirements.
• Surrender of DOT ID – the enterprise shall
notify the Department of Its officers and
employees who have ceased to be employed
from their company and shall surrender the
officers’ / employees’ ID cards within 7 days
upon termination of employment
• Display of Accreditation Seal - the DOT
Accreditation Sticker shall at all times be
displayed in a conspicuous place of the
establishment.  Same shall be surrendered to
DOT once the validity of accreditation expires.
• Online Travel and Tour Agency  All online
Travel and Tour Agencies applying for
accreditation shall comply with all the basic
requirements of a regular travel and tour agency
as provided in Chapter II of this Rules.
• Website Information - all Tour Operators, • Rendered within five (5) days from date of
Travel Agencies and Travel and Tour Agencies inspection.
with website shall comply with the following
Defects and Deficiencies Found During
requirements.
Inspection
a) Shall display the DOT Tourism Quality Seal
• DOT shall issue a Notice of Deficiency
and Accreditation Number with validity date on
addressed to the concerned Travel and Tour
their website and in all of its advertisements,
Agency informing the same of the violation or
brochures and promotional materials; b) Shall
non-compliance of accreditation requirements
highlight or include Philippine tour destination
and reasonable period within which to rectify
in their website;
such violation as found during the inspection.
c) Shall display the correct and full contact
• If failed to remedy the defects or deficiencies
information of the company on the “Contact
within the agreed period of time, the
Us” page or section; and d) All websites offering
Department shall deny the application or revoke
online payment schemes shall be  Payment
the Certificate of Accreditation issued to the
Card Industry Data Security Standard (PCI-DSS)
Establishment.
Compliant and  Encrypted with Valid Security
Sockets Layer (SSL) Certificate or use Online Use of Tour Coordinators and Tour Escorts
Banking Websites
• Tour Coordinators and Foreign Tour Escorts
• Dormancy - Withdrawn after appropriate duly recognized by the DOT whose function is to
warnings / notifications  30th and 45th day accompany tourists shall not act as Tour Guides.
prior to dormancy
• Presence of Tour Coordinators and Foreign
Inspection of Establishment Tour Escorts may be allowed provided there is
an accompanying DOT-accredited tour guide.
Periodic Inspection
Schedule of Fines and Penalties
• Done annually or when Public Interest dictates
In accordance with Section 39 of R.A. 9593
• The DOT may send an inspection team to the
Denial of Accreditation
establishment for the purpose of determining
whether they are being kept and/or managed in 1. Making any false declaration or statement or
a manner conformable to the standards set by making use of any such declaration or
DOT. statement or any document containing the
same or committing fraud or any act of
• Conducted at a reasonable time of the day
misinterpretation for the purpose of obtaining
with due regard and respect to the right of
the grant of accreditation.
privacy of parties concerned.
2. Failure to comply with the standards and
Inspection Team
requirements for accreditation.
• Shall accomplish a set of Inspection Checklist
3. Has pending/unresolved complaints filed to
(IC)
the Department or other concerned agencies
• All deficiencies found, as well as the
4. Any other act or omission that works against
requirements complied with shall be noted on
the interest of the tourism industry.
the checklist.

Inspection Report
Suspension, Revocation, Cancellation of
Accreditation or Closure of Business
1. Unauthorized transfer and/or reproduction of
Accreditation certificate, stickers, IDs or any
document issued by the Department of Tourism.
2. Gross and evident bad faith in dealing with
clients/fraudulent solicitation of business.
3. Tolerance of gross misconduct, discourtesy,
dishonesty or misrepresentation committed by
any of the operator’s officers or employees
against its clients to the deterrent of the
tourism industry.
4. Employment or hiring of non-DOT accredited
tourism frontliners or engaging the services of
non-DOT accredited tourism
establishments/vehicles except in areas where
there are no DOT accredited
frontliners/trainers/vehicles/establishments
available.
5. Failure to specify and include in any form of
advertisement the DOT Tourism Quality Seal
and Accreditation Number with Expiry
date/validity.
6. False, deceptive or misleading advertisement
by Philippine mail or in commerce by print,
radio, television or other medium of
advertisement to the public.
7. Promoting, facilitating or conducting activities
involving drug-related transactions and any
form of exploitation of women and children.
• Second Offense - One (1) year suspension and
be subject to a fine not less than Seventy Five
Thousand Pesos (₱75,000.00)
• Third Offense - Revocation/Closure of Business
and subject to a fine of at least or not less than
One Hundred Thousand Pesos (₱100,000.00)
• The DOT, at its own instance, shall
revoke/cancel the accreditation of an accredited
travel and tour agency which violates any of the
provisions of these Rules and Regulations
without prejudice to the imposition of other
applicable penalties under Philippine laws.
• The DOT shall likewise issue a Notice of
Violation to the concerned LGU for appropriate
sanction such as but not limited to
revocation/cancellation of issued
licenses/permit or closure of the establishment
found to have violated the terms of their
accreditation.
• Tourism Advisories
- Complete identification of the pertinent
tourism enterprise;
- Location of the entity;
- Its registered owner or proprietor and the
business address;
- The specific term or terms of accreditation
violated; and
- The statement that the advisory shall only be
lifted upon continued compliance of the
enterprise with the terms of accreditation.
Issuance of Additional Circulars / Orders

8. Non-settlement of the complaint filed against
the establishment with the Department.
9. Any other case/complaint filed against the
establishment outside the Department.
The DOT shall, whenever necessary, issue
additional Circulars/Orders for a more effective
implementation of their rules and regulations.
The Tourism Quality Seal

Fines and Penalties

• First Offense - Six (6) months suspension

and/or fine not less than Fifty Thousand Pesos
(₱50,000.00), as the case maybe
DOT Accreditation Sample
Accreditation #
Valid until Date
SUMMARY OF THE RIGHTS OF AIR PASSENGERS
UPON PURCHASE OF TICKET AND UPON
ARRIVAL AT THE AIRPORT
Based on Joint DOTC-DTI Admin. Order No. 01
or the Air Passenger Bill of Rights
Major Rights of an Air Passenger
• Right to be provided with accurate
information before purchase
• Right to receive the full value of
the service purchased
• Right to compensation
RIGHT TO RECEIVE THE FULL VALUE OF
THE SERVICE PURCHASED
• Right to be Processed for Check-In
A passenger shall not be considered late or a
no-show, and shall not be denied check-in if
he or she is within the air carrier’s cordoned
or other designated check-in area at least
one (1) hour before the published Estimated
Time of Departure (ETD), or within the
prescribed time set by the air carrier.
• Right to Sufficient Processing Time
INTERNATIONAL AIRPORTS
- OPEN 02:00 HOUR BEFORE ETD
FLIGHTS NEARING CHECK-IN DEADLINE
- OPEN 01:00 HOUR BEFORE ETD
PRIORITY LANE
FOR PWDs
Check-in counters in international airports
and in other airports designated by the
DOTC must be open at least two (2) hours
before the (ETD).
A separate dedicated counter must be opened
for a flight nearing check-in deadline to facilitate
the checking in of passengers at least one (1)
hour before the published ETD.
There must be at least one (1)
check-in counter which will prioritize PWDs,
senior citizens, and persons requiring special
assistance or handling, if practicable.
FOR ALL OTHER AIRPORTS, check-in counters
must be open at least one (1) hour before the
ETD.
Right to Board Aircraft for the Purpose of Flight
GENERAL RULE:
A passenger cannot be denied the right to board
the aircraft without his consent.
EXCEPTIONS:
- Overbooking
- Legal or other valid causes
IN CASE OF OVERBOOKING:
The airline/air carrier must look for volunteers
willing to give up their seats.
If the number of volunteers is not enough, the
air carrier shall increase the compensation
package until the required number of volunteers
is met.
This is known as the “auction system.”
RIGHT TO COMPENSATION
Right to Compensation and Amenities in Case of
Cancellation of Flight
 THE PASSENGER HAS THE RIGHT TO:

- Be informed of the fact of off-loading

- Php2,000 compensation to the passenger for

every twenty-four (24) hours of delay

- Refund of checked baggage fees if the baggage

was not delivered within twenty-four (24) hours
from the arrival of flight

• If the baggage is lost or if it suffered any

damage:

FOR INTERNATIONAL FLIGHTS:

The relevant convention shall apply.

FOR DOMESTIC FLIGHTS:

The passenger has the right to a maximum

amount equivalent to half of the amount in the
relevant convention (for international flights) in
*AMENITIES may include food and drinks,
its Peso equivalent.
hotel accommodations, etc.
PRESUMPTION OF LOSS: If after a period of
Right to Compensation and Amenities in
seven (7) days from when the passenger or
Case of Flight Delay and Exceptions Thereto.
consignee should have received the baggage
and it is not delivered, it is presumed lost.

Right to Compensation in Case of Death or

Bodily Injury of a Passenger

FOR INTERNATIONAL FLIGHTS:

The relevant convention and inter-carrier
agreements apply

FOR DOMESTIC FLIGHTS:

Compensation will be based on the stipulated
amount in the relevant convention which
governs international flights

Right to Immediate Payment of Compensation

PAYMENT MUST BE AVAILABLE TO THE

AFFECTED PASSENGER:

- at the air carrier’s counters at the airport on

the date when the incident occurred, or
Right to Compensation for Delayed, Lost,
and Damaged Baggage
- at the main office or any branch of the air
carrier, at the discretion of the passenger.

MODE:
- By tendering a check, or
- Cash, or
- The document necessary to claim the
compensation or benefits. The document shall
be convertible to cash within fifteen (15) days
from the date when the occasion occurred.