Guidelines on the Grant of 20% Discount on Air Fares for Students in Accordance with the Mandate of RA No. 11314, An Act Institutionalizing the Grant of Student Fare Discount Privileges on Public Transportation and for Other Purposes

September 27, 2019

CAB RESOLUTION NO. 05 (AR05-2019)

 

WHEREAS, Article XIV, Section 1 of the 1987 Constitution provides that, "The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all.";

WHEREAS, paragraph 3, Section 2 of Article XIV of the 1987 Constitution likewise provides that the State shall "Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the underprivileged";

WHEREAS, Republic Act No. 11314 entitled, "An Act Institutionalizing the Grant of Student Fare Discount Privileges on Public Transportation and for Other Purposes," provides that the Civil Aeronautics Board shall promulgate the Implementing Rules and Regulations covering air sector within ninety (90) days from effectivity of said Act;

WHEREAS, the same Republic Act No. 11314 provides that students refused of the discount under said Act may file their respective complaints against erring air transportation utilities with the Civil Aeronautics Board;

NOW, THEREFORE, in order to encourage students to pursue quality education by extending assistance to students, the Board, RESOLVED, as it hereby RESOLVES to adopt the following guidelines and procedures in granting students at least twenty percent (20%) discount on fares for domestic air travel:

GUIDELINES ON THE GRANT OF 20% DISCOUNT ON AIR FARES FOR STUDENTS IN ACCORDANCE WITH THE MANDATE OF REPUBLIC ACT NO. 11314, AN ACT INSTITUTIONALIZING THE GRANT OF STUDENT FARE DISCOUNT PRIVILEGES ON PUBLIC TRANSPORTATION AND FOR OTHER PURPOSES.

SECTION 1.  Definition of Terms. — For purposes of this Regulation:

1.  Board— refers to the Civil Aeronautics Board;

2.  Fare — refers to the price charged by air carriers engaged in air transportation services in consideration for the carriage of a passenger by air. Base Fare is the price of the ticket before taxes and costs for ancillary services are applied. Regular Fare is any fare that is offered on a regular basis and does not qualify as Promotional Fare. Promotional Fare is fare that is generally lower than a regular fare, essentially low to begin with, sold for a certain period, for a specific number of seats, and are available for travel within a certain period, applied for before, and approved as such, by the Civil Aeronautics Board. Discounted Fares are reduced prices from an amount by which it is normally sold for;

3.  Airlines — refers to Filipino air carriers operating scheduled and/or non-scheduled domestic and/or international flights to or from the Philippines;

4.  Student— refers to any Filipino citizen currently enrolled in a duly authorized elementary, secondary, technical-vocational, or higher education institution. The term does not include those enrolled in post graduate degree courses and informal short-term courses such as dancing, swimming, music, and driving lessons, and seminar-type courses;

5.  Public transportation utilities — refer to all Philippine common carriers engaged in the business of carrying or transporting passengers or goods by land, sea/water, or air, for compensation, offering their services to the public. For purposes of this regulation, public transportation utilities shall mean air transportation operators/airlines/air carriers.

SECTION 2.  Scope and Applicability. —

All Filipino students are covered by this regulation, except those specifically excluded in Section 1 hereof, engaging the services of public transportation utilities.

The fare discount under this regulation shall be available during the entire period while the student is enrolled, including weekends and holidays. Provided, that, in a case where a promotional fare approved by the Civil Aeronautics Board is also offered by the airline, the student shall have the option to choose between the promotional fare and the regular fare less the discount provided under R.A. 11314.

SECTION 3.  Student Fare Discount Privilege. —

A student, as herein defined, shall be entitled to a twenty percent (20%) discount on the regular base fare of domestic flights operated by airlines upon personal presentation of the following documents on their purchase of tickets in airlines' organic ticketing offices located in the Philippines:

a)  Duly issued school identification card (IDs); or

b)  Current validated enrollment form; and any one of the following:

c)  Birth Certificate;

d)  Baptismal Certificate;

e)  Latest School Records (Form 137);

f)  Naturalization Certificate; or

g)  Passport.

In a case where a promotional fare approved by the Board is offered by the airline, the student shall have the option to choose between the promotional fare and the regular fare less the discount provided under R.A. 11314.

SECTION 4.  Verification. —

The grant of the discount upon presentation of the documents required in the preceding Section shall not preclude the airlines from implementing their own verification measures in order to ensure the genuineness and validity of the documents being presented.

Any such verification mechanism shall be made known to the Board within 15 days from effectivity of these Guidelines.

Provided, further, that Airlines should be guided by promptness in their verification process in order to conveniently and expeditiously accommodate the student passenger concerned.

SECTION 5.  Prohibitions on Availment of Double Discounts. —

The privilege shall not be claimed if the student claims a higher discount as may be granted by the airline, or under other existing laws, or in combination with other discount programs or incentives. The same cannot be availed on tickets claimed by virtue of sales promotions or techniques which contain promises of gain, such as prizes, as reward for the purchase of a product, or winning in a contest, game, and other similar competitions which involve determination of winner/s. The privilege shall likewise not apply to discounted fares.

In a case where a promotional fare approved by the Board is offered by the airline, the student shall have the option to choose between the promotional fare and the regular fare less the discount provided under R.A. 11314.

SECTION 6.  Use of Falsified Identification Documents. —

Any person who avails or attempts to avail of the privileges under this regulation through the use of falsified identification documents, fraud, or any form of misrepresentation shall be denied said privileges and may be subject to civil and penal liabilities prescribed by law.

SECTION 7.  Violation and Penalties. —

Any airline which does not grant a student the aforesaid privilege shall be sanctioned in accordance with Section 10 of Republic Act No. 11314.

SECTION 8.  Separability Clause. —

If any section or part hereof is declared unconstitutional, the remaining sections or parts hereof not affected by such declaration shall not be affected thereby.

SECTION 9.  Reservation Clause. —

The Board reserves the right to amend, repeal, or modify this Guidelines in order to fully serve the objectives of R.A. 11314.

SECTION 10.  Effectivity. —

This Implementing Rules and Regulations shall take effect on 01 November 2019, after its publication once in a newspaper of general circulation. Tickets purchased before said date shall not be covered by these Guidelines. A copy of these Guidelines shall be deposited with the University of the Philippines Law Center in compliance with the Revised Administrative Code of 1987.

Adopted, September 27, 2019, Pasay City, Philippines.

(SGD.) MANUEL ANTONIO L. TAMAYOUndersecretary for Aviation and Airports

(SGD.) EDWIN R. ENRILEUndersecretary for Legal and Special Concerns

(SGD.) JIM C. SYDIONGCODirector General

(SGD.) EDMUNDO F. GAMMADMember

Attested by:

(SGD.) JEAN MARIONNE A. BERMUDEZActing Board Secretary

Noted:

(SGD.) CARMELO L. ARCILLAExecutive Director