DOTC Civil Aeronautics Board Guidelines on the Grant of 20% Discount on Domestic Air Fares for Persons with Disabilities

March 7, 2008

DOTC CIVIL AERONAUTICS BOARD

GUIDELINES ON THE GRANT OF 20% DISCOUNT ON DOMESTIC AIR FARES FOR PERSONS WITH DISABILITIES (PWDs) IN ACCORDANCE WITH THE MANDATE OF REPUBLIC ACT NO. 9442, AN ACT AMENDING REPUBLIC ACT NO. 9442, AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE "MAGNA CARTA FOR PERSONS WITH DISABILITY AS AMENDED, AND FOR OTHER PURPOSES" AND ITS IMPLEMENTING RULES AND REGULATIONS

General Provisions

WHEREAS, on 30 April 2007, the Congress of the Philippines passed R.A. 9442 entitled AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE "MAGNA CARTA FOR DISABLED PERSONS AND FOR OTHER PURPOSES".

WHEREAS, the Implementing Rules and Regulations (IRR) of R.A. 9442 was duly promulgated by the Department of Social Welfare and Development (DSWD), Department of Transportation and Communications (DOTC), Department of the Interior and Local Government (DILG), Department of Education (DEPED), Department of Tourism (DOT), Department of Finance (DOF) and Department of Agriculture (DA) in accordance with R.A. 9442, after it was signed on 22 January 2008; cSDIHT

WHEREAS, R.A. 9442 and its IRR required air carriers to grant at least twenty percent (20%) discount on fares for domestic air travel for Persons with Disabilities (PWDs);

WHEREAS, Section 6.5, paragraph 6.5.2 of said IRR, called upon the Civil Aeronautics Board (CAB) to issue the appropriate circular, guidelines or directive to ensure compliance by air carriers with the mandate of R.A. 9442 and its IRR relative to air transportation services;

NOW, THEREFORE, pursuant to Sec. 6.5, paragraph 6.5.2 of the IRR of R.A. 9442, the BOARD RESOLVED as it hereby RESOLVES to approve and adopt the following Guidelines in the implementation of the mandate of R.A. 9442 and its IRR on the grant of at least twenty percent (20%) discount in favor of PWDs on fares for domestic air travel.

Definition of Terms

For purposes of application and construction of these Guidelines, the following terms shall have the meanings and definitions specified hereunder:

2.1 Persons with Disability — are those individuals defined under Section 4 of R.A. 7277. "An Act Providing for the Rehabilitation, Self-Development and Self-Reliance of Persons with Disability, as amended, and their integration into the Mainstream of Society and for Other Purposes. "This is defined as a person suffering from restriction or different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in a manner or within the range considered normal for human being. Disability shall mean (1) a physical or mental impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such individual; (2) a record of such an impairment; or (3) being regarded as having such an impairment. CIScaA

2.2 Air Fare — shall only refer to passenger fares charged by air carriers engaged in domestic air commerce or transportation.

2.3 Air Transport Services — any transportation air services under the regulatory functions of the Civil Aeronautics Board.

2.4 Domestic Air Travel — shall mean air transport services provided by domestic air carriers within the Philippines.

2.5 Any other terms not specifically defined but used herein and which are defined in R.A. No. 776, as amended, or the IRR of R.A. 9442 shall be interpreted in accordance with such definitions. aAIcEH

III

Identification Document

In availing of the discount privileges mandated under R.A. No. 9442 and its IRR, PWDs, who are Filipino citizens, may prove his/her entitlement upon submission of any of the following:

3.1 An identification card issued by the City or Municipal Mayor or the Barangay Captains of the place where the persons with disability resides;

3.2 The passport of the persons with disability concerned; or

3.3 Transportation discount fare Identification Card (ID) issued by the National Council for the Welfare of Disabled Persons (NCWDP). However, upon effectivity of this IRR, NCWPD will already adopt the ID issued by the Local Government Unit for purposes of uniformity in the implementation. NCWDP will provide the design and specification of the identification card that will be issued by the Local Government Units. aCTcDS

Procedure

4.1 The PWD shall present any proof of identification as provided herein at the time of the purchase of the ticket.

4.2 The 20% discount shall be applicable only for payment over the counter and not applicable for the online booking.

4.3 The 20% discount shall be applicable to the actual fares except promotional fare. If the promotional fare discount is higher than the twenty percent (20%) discount privilege, the PWD may choose the promotional fare but should no longer be entitled to the 20% discount privilege. cCaDSA

4.4 The 20% discount shall be applied to air fare and shall not be applied to the payment of lawful taxes and other fees and charges imposed in relation to domestic air travel.

4.5 The 20% discount shall be applicable only to domestic air travel in the Philippines and for the exclusive use of the PWD.

Inspection/Monitoring

Pursuant to its mandate under R.A. 776, as amended, the Board may inspect the books as well as the premises and operations of all domestic air carriers operating within the Philippines to ensure the proper implementation of Republic Act No. 9442. ESTCDA

Violation & Penalties

Any violations of these Guidelines shall be penalized in accordance with the pertinent provisions of R.A. 9442 and its Implementing Rules and Regulations.

VII

Reservation Clause

The Board reserves the right to amend, repeal or modify this Guidelines in order to fully serve the objectives of Republic Act No. 9442 and its Implementing Rules and Regulations.

VIII

Separability Clause

If any section(s) or any part of this Guidelines is declared unconstitutional by a competent authority, the remaining sections or parts thereof shall not be affected.

Repealing Clause

All other resolutions, guidelines, economic regulations and other issuances of the Board which are inconsistent with these provisions are hereby amended, repealed or modified accordingly. AcICHD

Effectivity

These guidelines shall take effect (15) days after its publication in a newspaper of general circulation. 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.

APPROVED: March 7, 2008.

(SGD.) SEC. LEANDRO R. MENDOZAChairman

(SGD.) ATTY. FLORENTINO M. HERRERA IIIBoard Member

(SGD.) MR. RENATO C. VALENCIABoard Member

Attested by:

(SGD.) ATTY. MARIA ELBEN SL. MOROChief, Hearing Examiner's Division

Published in The Manila Times on June 23, 2008.