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AIR PASSENGER BILL OF RIGHTS College of Hospitality and Tourism Management In Partial Fulfillment of the Course Requirement for the Subject Legal Aspect of Tourism and Hospitality Management Submitted to: Mr. Roland I. Bayalan, MBA...

AIR PASSENGER BILL OF RIGHTS College of Hospitality and Tourism Management In Partial Fulfillment of the Course Requirement for the Subject Legal Aspect of Tourism and Hospitality Management Submitted to: Mr. Roland I. Bayalan, MBA Submitted by: Basilla, Joanna Katrina B. Cabatbat, Vivien P. Garner, Maria Jillien Daphney Laynes, Cody Lee A. Montiano, Carl Vincent S. Peñera, Grazella T. BSTM-4A AY 2024-2025 1  AIR PASSENGER BILL OF RIGHTS HISTORICAL BACKGROUND 1931 - On November 20, 1931, the Philippine Legislature passed Act No. 39091 providing that the Secretary of the Department of Commerce and Communications has the duty, among others, to foster air commerce, and other navigation facilities. 1932 - On December 5, 1932, Act No. 39962 amended Act No. 3909 as to matters concerning the licensing of airmen and aircraft, inspection of aircraft, air traffic rules, schedules and rates and enforcement of aviation laws. 1956 - On October 19, 1956, former President Ramon Magsaysay issued E.O. No. 20910 transferring in to the CAA to the Department of Public Works, Transportation and Communications from the Department of Commerce and Industry. This move aimed to consolidate government agencies involved in transportation and infrastructure development under a single department. 1979 - On July 23, 1979, former President Ferdinand E. Marcos issued E.O. No. 54612 renaming the CAA as the Bureau of Air Transportation (BAT) and placing the same under the Ministry of Transportation and Communications. 2008 - On March 4, 2008, R.A. No. 9497 was passed, whereby ATO was replaced by CAAP, to be headed by the Director General of Civil Aviation. This significant change established a more independent regulatory body, ensuring a more effective oversight of the country's civil aviation industry. This new structure aims to promote the safe, efficient, and sustainable development of civil aviation industry. 2012 - The Airline Passenger Bill of Rights in the Philippines is a set of guidelines established in 2012 through Joint Administrative Order No. 1 by the Department of Transportation and Communications (DOTC) and the Department of Trade and Industry (DTI). Unlike 2  a legislated law, these guidelines are not binding by statute but serve as a framework for air carriers to adhere to. They outline the rights of passengers, such as timely check- in, fair treatment in case of flight delays or cancellations, compensation for lost or damaged baggage, and clear communication about flight information. The order aimed to protect the interests of air travelers and ensure a consistent standard of service within the Philippine aviation industry. 2023 - On June 22, 2023, Senator Chiz Escudero expressed his support for proposed legislation that would institutionalize the Air Passenger Bill of Rights. He emphasized that it is time for the current Congress to take this issue seriously, as similar measures had been previously filed but were never enacted. Escudero highlighted the necessity of stronger penalties for airlines that fail to provide satisfactory service, noting that many complaints revolve around issues such as delayed or canceled flights, lost luggage, and overbooking. The proposal, which was backed by the Civil Aeronautics Board, aims to enhance passenger protections by setting clearer regulations and accountability measures for airlines that do not meet service standards. SIGNED BY PHILIPPINE PRESIDENT (DATE AND INSIDE THE CIRCUMSTANCES) Signed by the Philippine President. This describes the establishment of the Civil Aeronautics Commission in 1946 by President Manuel S. Roxas, as outlined in Administrative Order No. 7. The Commission was composed of three members, namely the Secretary of Public Works and Conversations as Chairman, the Commissioner of Public Service, and the Director of the Bureau of Aeronautics. The primary responsibility of the Commission was to study applications for permits and licenses for the establishment of civil airways or routes and to recommend approval or rejection of these applications to the President. In 1952, Republic Act No. 776 was signed into law by the President, which modified the existing structure and powers of the agencies responsible for civil aviation in the Philippines. The Law repealed Executive Order No. 94 and acknowledged the Civil Aeronautics Board (CAB) and the Civil Aeronautics Administration (CAA) as the two 3  agencies responsible for the regulation of civil aviation activities in the country. The law outlined the duties and powers of the CAB and CAA. Administrative Order No. 1, s. 2012 The Air Passenger Bill of Rights in the Philippines is not directly a part of the Civil Aviation Authority Act of 2008 (Republic Act No. 9497) This bill was originally filed by Senator Ralph Recto in the Seventeenth Congress. APBR is contained in Administrative Order No. 1, s. 2012, signed by the Department of Transportation and Communications (DOTC, now DOTr) and the Department of Trade and Industry, to strengthen the rights of airline passengers. CITE SPECIFIC CASES THAT INVOLVE THE LAW  Case 1: Alfredo Manay Jr. et. al. VS. Cebu Air Inc. (G.R. No. 210621, April 04, 2016) The case involves petitioners Alfredo Manay, Jr., Fidelino San Luis, Adrian San Luis, Annalene San Luis, Mark Andrew Jose, Melissa Jose, Charlotte Jose, Dan John De Guzman, Paul Mark Baluyot, and Carlos S. Jose against Cebu Air, Inc The key issue was the legality of the airline's overbooking and compensation practices. Cebu Air argued that overbooking is a common practice allowed by aviation regulations, and the compensation offered complied with these standards. The court ruled in favor of Cebu Air, finding that the airline followed existing policies and that the petitioners were adequately compensated. The ruling emphasizes that airlines are permitted to overbook flights under certain conditions and must provide compensation as per regulations. Conclusion: The court's decision in favor of Cebu Air, Inc. affirms the legality of the airline's overbooking practices and compensation policy. The ruling highlights that the airline adhered to its established procedures and adequately compensated the affected passengers. General Recommendation: Review and communicate policies clearly 4  Enhance compensation measures Strengthen customer service protocols Monitor and adapt policies.  Case 2: Philippine Airlines, Inc. vs. Hon. Adriano Savillo and Simplicio Griño (G.R. No. 149547, July 04, 2008) Simplicio Griño was denied boarding by Singapore Airlines due to a lack of ticket endorsement from Philippine Airlines (PAL) Griño sued PAL for moral damages due to inconvenience and emotional distress. PAL sought to dismiss the case, arguing that the claim was barred by the Warsaw Convention's two-year prescription period for airline-related damages. The RTC and Court of Appeals rejected PAL's motion, stating that Griño's claim for damages was a tort action governed by the Civil Code, with a four-year prescription period. The Supreme Court upheld the lower courts' decision, allowing Griño's lawsuit to proceed under the Civil Code. Conclusion: Failed to Dismiss: It wrongly did not accept the petition because the judge wrongly refused to dismiss the case. Ignored International Rules: It did not apply the Warsaw Convention rules, even though Griño's case involved an international air transport contract. Missed Time Limit: It didn't recognize that Griño's complaint was filed too late, beyond the two-year limit set by the Warsaw Convention, and should have been dismissed. General Recommendation: Improve Ticket Endorsement Train Staff Manage Legal Risks Enhance Customer Service Review Policies Regularly 5 6 7 References: Civil Aeronautics Board. (n.d.). Summary of the rights of air passengers. Retrieved from https://cab.gov.ph/summary-of-the-rights-of-air-passengers Civil Aviation Authority of the Philippines. Historical Background. (n.d.). Retrieved from: https://caap.gov.ph/historical-background/ Food and Agriculture Organization. (n.d.). *Act on the creation of a national government agency*. Retrieved from https://www.fao.org/faolex/results/details/en/c/LEX- FAOC100134/#:~:text=The%20Act%20provides%20for%20the,of%20a%20national %20government%20agency History, background and mandates - Civil Aeronautics Board : Philippines. (n.d.). http://www.cab.gov.ph/retrieveDown.php?id=8 Judiciary eLibrary. (n.d.). Case Digest: G.R. No. 223026. Retrieved from https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/45676 Judiciary eLibrary. (n.d.). Case Digest: G.R. No. 236892. Retrieved from https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/61886 Passenger bill of rights - civil aeronautics board :: Philippines. (n.d.). https://cab.gov.ph/summary-of-the-rights-of-air-passengers PTV Philippines. (2012, December 11). Air passenger Bill of Rights approved[Video]. YouTube. https://youtu.be/Itu1m-iV2P8?si=7_vq-e-z2tdQGMau Senate of the Philippines. (2015, June 7). *Angara calls for creation of Department of Information and Communications Technology*. Retrieved from https://legacy.senate.gov.ph/press_release/2015/0607_angara1.asp Senate of the Philippines. (2019, March 14). *Ejercito urges government to address rising incidence of non-communicable diseases*. Retrieved from https://legacy.senate.gov.ph/press_release/2019/0314_ejercito1.asp Senate of the Philippines. (2019, May 7). *Villanueva seeks stronger anti-endo bill*. Retrieved from https://legacy.senate.gov.ph/press_release/2019/0507_villanueva1.asp Senate of the Philippines. (2020, April 30). *Gatchalian calls for protection of workers amid COVID-19 pandemic*. Retrieved from https://legacy.senate.gov.ph/press_release/2020/0430_gatchalian1.asp Senator Ralph G. Recto - Senate of the Philippines. (n.d.). Retrieved from: https://legacy.senate.gov.ph/senators/sen_bio/recto_bio.asp 8