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TULFO: REIMBURSE AIR PASSENGERS OFFLOADED BY BI

Senator Raffy Tulfo filed a measure seeking to mandate the reimbursement of travel expenses incurred by Filipino passengers who were deferred or denied boarding due to unjustified and prolonged pre-departure procedures of the Bureau of Immigration (BI).

Tulfo, the chairperson of the Committee on Public Services, filed Senate Bill (SB) No. 1657 after his office received multiple complaints from passengers who were offloaded by the BI supposedly due to inconsistent assessment standards and refusal to review documents, with most of them alleging that BI lacked clear explanation for their denial.

“Prolonged immigration interviews which are usually conducted in the context of anti-trafficking efforts have, in certain instances, resulted in Filipino passengers missing their scheduled flights.”

“Prolonged immigration interviews which are usually conducted in the context of anti-trafficking efforts have, in certain instances, resulted in Filipino passengers missing their scheduled flights despite the absence of a formal court order directing their deferment or denial of departure. Thus, affected passengers are forced to shoulder additional travel expenses even though they are not at fault,” the legislator said.

“While the State recognizes the vital role of the Bureau of Immigration in enforcing immigration laws and implementing anti-trafficking measures, it is equally imperative to safeguard the rights of Filipino passengers and ensure that they are protected from unnecessary financial burdens arising from deferred or denied boarding,” the seasoned lawmaker added.

While some airlines provide refund and allow rebookings to offloaded passengers as a matter of goodwill, such as Philippine Airlines and Cebu Pacific, the senator said these accommodations are outside Civil Aeronautics Board’s (CAB) mandates and depend solely on airline policy.

Since 2024, the General Appropriations Act has included a special provision under the Department of Justice–Bureau of Immigration (DOJ–BI), Special Provision No. 1, Immigration Fees and Collections, Volume I-A which provides that travel expenses incurred by Filipino passengers who were deferred or denied boarding without a court order shall be charged against the balance of the Special Trust Fund Account.

Thus, he said that SB No. 1657, to be known as “Passenger Protection and Reimbursement for Deferred Departures Act” aims to codify into law clear, uniform, and transparent provisions governing the reimbursement of such travel expenses, consistent with existing laws and fiscal accountability standards.

“No reimbursement shall be granted to passengers whose deferral or denial of departure is due to failure to present required documents to travel.”

 Under his measure, Tulfo clarified that no reimbursement shall be granted to passengers whose deferral or denial of departure is due to failure to present required documents to travel, including, among others, government employees, those with an active Court Order.

Any passenger who is identified to have fraudulent, falsified, or tampered travel documents, or identified as a potential trafficked person and passengers who are assessed as suspected illegal recruiters/traffickers under RA No. 9208 would not be reimbursed as well.

Tulfo noted that the BI, through its International Port of Entry and Exit Management Office (IPEE-MO) at the international airport or seaport of exit where the passenger’s departure was deferred, shall receive and evaluate claims for reimbursement of travel expenses and shall endorse the same to the Department of Justice–Inter-Agency Council Against Trafficking (IACAT) for determination.

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