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(NAR) VOL. 16 NO. 4 / OCTOBER - DECEMBER 2005

[ CAB RESOLUTION NO. 24 (2005), May 12, 2005 ]

APPROVING THE GUIDELINES ON THE GRANT OF 20% DISCOUNT ON AIR FARES FOR SENIOR CITIZENS IN ACCORDANCE WITH THE MANDATE OF REPUBLIC ACT (R.A.) NO. 9257, AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS AND ITS IMPLEMENTING RULES AND REGULATIONS ISSUED BY THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD)



WHEREAS, on December 16, 2003 the Congress of the Philippines passed R.A. 9257 entitled AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7432, OTHERWISE KNOWN AS "AN ACT TO MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS AND SPECIAL PRIVILEGES AND FOR OTHER PURPOSES";

WHEREAS, R.A. 9257 as well as its Implementing Rules and Regulations (IRR) which was promulgated by the Department of Social Welfare and Development (DSWD) on May 28, 2004, required air carriers to grant senior citizens twenty percent (20%) discount on fares for domestic air travel;

WHEREAS, Section 10, paragraph 6 of said IRR, called upon the Civil Aeronautics Board to issue the appropriate circular, guidelines or directive to ensure compliance by air carriers with the mandate of R.A. 9257 and its IRR relative to air transport services;

NOW, THEREFORE, pursuant to Sec. 10 of the IRR of R.A. 9257, the BOARD RESOLVED as it hereby RESOLVES to approve and adopt the Guidelines in the implementation of the mandate of R.A. 9257 and its IRR on the grant of at least twenty percent (20%) discount in favor of senior citizens on fares for domestic air travel (thereto attached and made an integral part hereof) which shall take effect immediately upon compliance with legal requirements.

Adopted: 12 May 2005

                                                                                 
(SGD.) USEC. EDWARD HARUN V. PAGUNSAN
Alternate Chairman

(SGD.) ASST. SEC. NILO C. JATICO
Vice-Chairman

(SGD.) ATTY. FLORENTINO M. HERRERA II
(SGD.) RENATO C. VALENCIA
Member
Member
Attested by:

(SGD.) CARMELO L. ARCILLA
Deputy Executive Director
(Acting Board Secretary)

Grant of 20% Discount on Air Fares for Senior Citizens in Accordance with the Mandate of Republic Act (R.A.) No. 9257, An Act Granting Additional Benefits and Privileges to Senior Citizens and Its Implementing Rules and Regulations Issued by the Department of Social Welfare and Development (DSWD)

I
GENERAL PROVISIONS

WHEREAS, the Congress of the Philippines passed R.A. No. 9257 entitled AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7432, OTHERWISE KNOWN AS "AN ACT TO MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS AND SPECIAL PRIVILEGES AND FOR OTHER PURPOSES"

WHEREAS, the Implementing Rules and Regulations of R.A 9257 was duly promulgated by the Department of Social Welfare and Development (DSWD) in accordance with R.A. 9257 on May 28, 2004;

WHEREAS, R.A. 9257 and its IRR require air carriers to allow twenty percent (20%) discount on fares for domestic air travel;

WHEREAS, Section 10, paragraph 6 of said IRR, called upon the Civil Aeronautics Board to issue the corresponding circulars, guidelines or directives to ensure compliance of air carriers with the mandate of R.A. 9257 relative to air transport services;

NOW, THEREFORE, pursuant to Sec. 10 of the IRR of R.A. 9257, the BOARD RESOLVED as it hereby RESOLVES to approve and adopt the following Guidelines in the implementation of the mandate of R.A. 9257 on the grant of at least twenty percent (20%) discount on fares for domestic air travel:

II
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 Senior Citizen or Elderly - shall mean any resident citizen of the Philippines at least sixty (60) years old.

    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. 9257 shall be interpreted in accordance with such definitions.

III
IDENTIFICATION DOCUMENT

In availing of the discount privileges mandated under R.A. No. 9257, the senior citizen or elderly person may prove his/her entitlement upon presentment of any of the following:

    3.1 An ID issued by the city or municipal mayor or of the barangay captain of the place where the senior citizen or the elderly resides;

    3.2 The passport of the elderly person or senior citizen concerned; and

    3.3 Other documents that establish that the senior citizen or elderly person is a resident citizen of the Republic and is at least sixty (60) years of age.

    3.4 Any other accepted identification cards recognized in the usual course of business (e.g. SSS, GSIS, Driver's License/Postal ID, PRC, Office ID and alike)

IV
PROCEDURE

    4.1 The senior citizen 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 to domestic air travel in the Philippines.

    4.3 The 20% discount shall be based on actual fares, including promotional fares, advance booking and similar discounted fares and shall be for the exclusive use of the senior citizen.

    4.4 The 20% discount shall only 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.

V
INSPECTION/MONITORING

Pursuant to its mandate under R.A. 776, 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. 9257.

VI
VIOLATION AND PENALTIES

Any violations of these Guidelines shall be penalized in accordance with the pertinent provisions of R.A. 9257.

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. 9257 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 thereby be affected.

IX
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.

X
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.

Adopted: 12 May 2005

                                                                                 
(SGD.) USEC. EDWARD HARUN V. PAGUNSAN
Alternate Chairman

(SGD.) ASST. SEC. NILO C. JATICO
Vice-Chairman

(SGD.) ATTY. FLORENTINO M. HERRERA II
(SGD.) RENATO C. VALENCIA
Board Member
Board Member
Attested by:

(SGD.) CARMELO L. ARCILLA
Deputy Executive Director
(Acting Board Secretary)
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