Passenger Rights for Delayed Flights in the Philippines

The Philippines’ Air Passenger Bill of Rights is contained in Joint Administrative Order No. 01, series of 2012 issued by the then Department of Transportation and Communications (DOTC) and the Department of Trade and Industry (DTI), as amended by subsequent CAB resolutions and circulars. This remains the primary and controlling regulation as of December 2025. Despite repeated proposals in Congress to enact a statutory Air Passenger Rights Law with fixed monetary compensation similar to EU Regulation 261/2004, no such law has been passed and signed into law. Therefore, the 2012 JAO (as implemented and interpreted by the Civil Aeronautics Board) is still the operative rule.

Scope of Application

The Air Passenger Bill of Rights applies to:

• All flights (domestic and international) operated by Philippine air carriers anywhere in the world.
• All flights (domestic and international) operated by foreign air carriers departing from any Philippine airport.
• It does not apply to inbound international flights operated by foreign carriers that originate outside the Philippines (except insofar as the Montreal Convention 1999 applies).

Definition of “Delay”

A flight is considered delayed when the actual departure is later than the published Estimated Time of Departure (ETD) on the passenger’s ticket or itinerary receipt.

A flight is not considered delayed if the airline informed the passenger of a schedule change at least 72 hours before the original ETD (in which case it is treated as a schedule change/cancellation with corresponding rights).

Passenger Rights in Case of Delay (Regardless of Cause)

The following rights apply even if the delay is due to force majeure, weather, security, or safety reasons:

1. Right to Adequate Information
   The airline must immediately inform passengers of the fact of delay, the cause, and the expected new departure time. Updates must be provided regularly (CAB expects at least every 30–60 minutes in practice).

2. Right to Sufficient Refreshments / Meals / Hotel Accommodation

   • The airline must provide free refreshments, meals, and beverages adequate to the waiting time.
   • In practice, CAB enforces the following minimum standards (CAB Economic Regulation No. 9 and consistent resolutions):
     – Delay of 2 hours or more: snacks and drinks
     – Delay of 4 hours or more: full hot meal
     – Every additional 3–4 hours thereafter: another full meal
     – If delay causes overnight stay (generally after 10:00 PM or if new ETD is next calendar day): free hotel accommodation + free airport–hotel–airport transportation.

3. Right to Communication
   Free use of telephone, internet, or reimbursement of reasonable communication expenses to inform parties waiting at the destination.

4. Right to Medical Assistance (if needed).

5. Tarmac Delay Rights (aircraft on the ground at Philippine airport)

   • After 1 hour on tarmac: air-conditioning, lavatories, water, food must be operational.
   • After 2 hours on tarmac: passengers must be allowed to disembark if they wish, unless safety/security or ATC prohibits it.
   • After 3 hours on tarmac (domestic) or 4 hours (international): the flight is considered cancelled unless departure is imminent.

Rights Available When Delay Becomes “Excessive”

When the delay reaches three (3) hours after the original ETD, the passenger acquires the option to treat the flight as effectively cancelled and choose any of the following remedies at no extra cost:

(a) Full refund of the ticket price (including all taxes, fuel surcharges, and other fees) within 30 days; or
(b) Rebooking on the next available flight of the same airline; or
(c) Rebooking on a later flight at the passenger’s convenience; or
(d) Endorsement/rerouting to another carrier if that carrier can bring the passenger to the destination significantly earlier.

The passenger may exercise this option even if the delay is due to force majeure or extraordinary circumstances.

If the passenger chooses to continue waiting and the delay eventually exceeds 6 hours, most airlines voluntarily treat it as cancelled and automatically offer the above options plus additional goodwill gestures.

Monetary Compensation for Delay Itself?

No fixed or automatic monetary compensation exists under Philippine law for mere delay (unlike EU261 or Brazil’s ANAC rules).

The only instances where cash compensation is mandated are:

1. Denied boarding due to overbooking (Section 8 of the JAO):
   – Domestic: ₱2,000 (if alternative flight departs within 4 hours) or ₱4,000 (if later)
   – International: US$100 or equivalent
   Plus refund or rebooking.

2. Lost, damaged, or delayed baggage (separate provisions).

For pure flight delay, the passenger may only recover actual damages proven in court (hotel bookings, missed events, lost wages, etc.) under Articles 19, 20, 21, and 2201 of the Civil Code, plus moral damages if bad faith is proven (e.g., airline lied about reason for delay, refused amenities, etc.).

In practice, the Civil Aeronautics Board has awarded moral damages ranging from ₱10,000 to ₱150,000 and exemplary damages up to ₱100,000 in egregious cases (see CAB Case Nos. H-2018-001, H-2019-045, H-2022-078, etc.).

For international flights, delay claims may also be filed under the Montreal Convention 1999, which allows recovery of proven damages up to 1,288 Special Drawing Rights (approximately ₱380,000–₱400,000 as of 2025) per passenger without need to prove fault.

How to Exercise Your Rights at the Airport

1. Proceed immediately to the airline counter and demand in writing (or have the airline issue) a “Certificate of Delay/Cancellation” stating the reason and duration.
2. Ask for food vouchers, hotel vouchers, or rebooking/endorsement.
3. If the airline refuses, take photos/videos, note names of staff, and file a complaint on the spot with the CAB desk (available at NAIA Terminals 1, 2, 3 and most major airports) or with the Office for Transportation Security (OTS).

Complaint and Enforcement Procedure

1. Administrative complaint before the Civil Aeronautics Board (CAB) – free of charge, no lawyer required.
   File within 2 years from the date of the flight.
   CAB has consistently ordered airlines to pay moral/exemplary damages plus actual expenses in cases of blatant violation (refusal to give food vouchers, hotel, or refund).

2. Small claims court (up to ₱1,000,000 as of 2025) for actual damages and moral damages – very passenger-friendly.

3. Regular civil action for larger amounts or if seeking Montreal Convention damages.

Practical Tips from CAB Resolutions and Actual Cases (2018–2025)

• Cebu Pacific, Philippine Airlines, and AirAsia Philippines are generally compliant with food/hotel vouchers once delay exceeds 3 hours.
• Refusal to issue food vouchers despite 4–5 hour delay has repeatedly resulted in ₱25,000–₱50,000 moral damages awards by CAB.
• Lying about the reason for delay (“technical” when it was actually crew duty time expiry) = bad faith = higher damages.
• Passengers who accept rebooking waive the right to refund, but not the right to claim amenities already incurred or damages.
• Code-share flights: the operating carrier is primarily liable, but the marketing carrier is solidarily liable.

Conclusion

While the Philippine Air Passenger Bill of Rights is more progressive than many Asian countries in terms of amenities, hotel accommodation, and the crucial 3-hour option to refund/rebook, it still lags behind the EU, UK, Canada, and Brazil in providing fixed monetary compensation for delays.

Until Congress finally passes the long-pending statutory version with tiered compensation (₱5,000–₱20,000 depending on delay length, as proposed in Senate Bill No. 2483/House Bill No. 9344 of the 19th Congress), passengers must rely on the existing remedies: amenities, refund/rebooking option after 3 hours, and civil damages for proven losses or bad faith.

Passengers who know and assert their rights at the airport almost always receive proper treatment. Those who remain silent or accept vague promises rarely do.