Antonio, Karlo Jennuel R.

4-BLM

DOTC-DTI Joint Administrative Order (JAO) No.1, S. 2012, otherwise known as the Air Passenger Bill of Rights

I. History of the Rule On December 11, 2012, Secretary of Transportation and Communications Joseph Emilio Aguinaldo Abaya and Secretary of Trade and Industry Gregory L. Domingo signed the DOTC-DTI Joint Administrative Order (JAO) No. 1, s. 2012, also known as the Air Passenger Bill of Rights. 1 The JAO was approved after three public hearings conducted by the two departments, the last of which was held on December 3, 2012. These were attended by various stakeholders, including representatives of airline companies, consumer groups, and other concerned citizens, who actively presented their comments and suggestions to develop the regulation. 2 The public consultations also involved the participation of other government units, such as the Department of Tourism (DOT) and the offices of several Senators and Congressmen.3 The Regulation took effect on December 21, 2012. II. Purpose of the Rule As stipulated on the JAO, the Philippine aviation industry has been rapidly growing, and that there is a need to infuse a certain measure of balance; fairness and reasonableness between the precarious position of a passenger vis--vis the vast resources at the disposal of the air carrier .4 This simply means that the government should protect more the travelers from what are perceived to be abusive practices of airline companies, which an ordinary passenger could not easily go against in cases of such because of the width and depth of the machinery that the latter can muster. The order also sets certain minimum standards on services and amenities that are being rendered already by airline companies, making them as enforceable rights that passengers may now invoke.

(2012, December 11). DOTC and DTI Secretaries Sign Air Passenger Bill of Rights. Official Gazette. Retrieved from http://www.gov.ph/2012/12/11/dotc-and-dti-secretaries-sign-air-passenger-bill-of-rights/ 2 Ibid. 3 Ibid. 4 DOTC-DTI Joint Administrative Order (JAO) No. 1, s. 2012

III. Essential Highlights Full disclosure A key aspect of the joint administrative order is "full disclosure." Airlines will be compelled to disclose to their passengers both in print and verbally what are at stake when they rebook flights, refund tickets, impose conditions on baggage allowances, check-in policies, as well as promotional fares. These conditions or key terms of the fare must be printed when airlines issue passenger tickets or boarding passes, or must be delivered electronically when tickets are bought online. These will likewise be "verbally explained to the passenger" either in English or Filipino, "placing emphasis on the limitations and/or restrictions attached to the ticket." For promotional fares, airlines are now also required to disclose the "number of seats offered on a per sector basis." Currently, most airlines only disclose the promo duration. The bill also outlines compensation passengers should receive in the case of cancelled or delayed flights.5 Lost luggage A number of changes have been made between the different drafts. Among these changes are the inclusions of foreign airlines, as well as higher compensation figures in case of lost luggage. For lost luggages, airlines will have to compensate passengers P2,000 for every day that a bag is missing. After 7 days, that bag will be deemed lost and the passenger will be compensated based on "relevant convention." In the previous draft, the required compensation was set at 500 SDR (special drawing rights), a currency unit created by the International Monetary Fund. One SDR is equivalent to P63 stated in the final draft. The draft required airlines to seek the Department of Trade and Industry's (DTI) approval for airline promotions and the sale of discounted tickets. In the final bill, this was changed so airlines only need to seek approval from the CAB removing the need for airlines to deal simultaneously with the DTI and the CAB.6 Delayed flights In case of delayed flights, airlines will also need to provide free food, drinks, Internet access, phone use and, in extreme circumstances, hotel lodging until the flight departures for passengers affected by late flights.7
5

Lowe, A. (10, December 2012). Air Passenger Bill of Rights is out. Rappler.com. Retrieved from http://www.rappler.com/business/17691-air-passenger-right-bill-out-in-time-for-christmas-traffic 6 Ibid. 7 Ibid.

IV. Critical Analyses and Recommendations of the Rule The bill itself is sufficient, covering almost all aspects of air travel from departure til arrival. However, my main concern is its implementation. Not matter how savvy and crafty the words of it are, It will remain useless and ineffective at the end of the day. Firstly, there should be a massive information dissemination campaign by the DOTC and DTI. This can be done by posting it in the airports and mandating the airline companies to have printed copies of the bill placed at the seats of the passengers in the aircraft. It will remain impotent if the target sector of the bill is not informed. When I went to the airport last summer, not a single posting or flyer is in sight in the airport about the bill. Secondly, there should be grievance centers inside the airports a booth or office where passengers can go to directly and report any violations of their rights. This will definitely ease up the entire process of filing a grievance report because you dont have to leave the airport, make any calls to the two agencies, or wait for days before any actions are taken. A passenger can immediately report any violations and the government can hastily make actions by contacting the airlines or what have you. In summation, aggressive information dissemination and proper grievance mechanism are the key ingredients in ensuring that the bill of rights will be really felt by the passengers.