SIXTEENTH CONGRESS OF THE REPUBLIC
OF THE PHILIPPINES
Second Regular Session
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'15 MAY 12 Pl2 :06
SENATE
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COMMITTEE REPORT NO. ==_ __
Submitted by the Committee on Foreign Relations on
Re:
P,S, Res. No,
133 S
MAY 1 2 2015
,prepared by the Committee
Recommending its approval without amendment
Sponsor: Senator Miriam Defensor Santiago
MR. PRESIDENT:
The Committee on Foreign Relations, to which was referred the Agreement, entitled:
1999 MONTREAL CONVENTION
FOR THE UNIFICATION OF CERTAIN RULES FOR
INTERNATIONAL CARRIAGE BY AIR
has considered the same and has the honor to report it back to the Senate with the
1336 ,prepared by the
recommendation that Proposed Senate Resolution No,
Committee, entitled:
RESOLUTION
CONCURRING IN THE ACCESSION
TO THE 1999 MONTREAL CONVENTION FOR THE UNIFICATION OF
CERTAIN RULES FOR INTERNATIONAL CARRIAGE BY AIR
be approved without amendment.
Respectfully submitted:
d';~ ..4\J~ J2,./G'u
MIRIAM
D~!E~R ~NTIAGO
Chair
Committee on Foreign Relations
Vice-Chair:
FERDINAN
R. ~ARCOS JR.
YM.ANGARA
GREGO I
Ex-Officio Members:
ALAN PETER S. CAYETANO
Majority Leader
N PONCE ENRILE
Minority . efttr "
J /WlAA'
IAAA'
ENTE c. OTTO III
Acting Minori Leader
FRANKLIN M. DRILON
Senate President
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SIXTEENTH CONGRESS OF THE REPUBLIC
OF THE PHILIPPINES
Second Regular Session
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>;
T) MAY 12 PI2 :06
SENATE
P.S. RES. NO. _~1~3~3~6_
Prepared by the Committee on Foreign Relations
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RESOLUTION
CONCURRING IN THE ACCESSION
TO THE 1999 MONTREAL CONVENTION FOR THE UNIFICATION OF CERTAIN
RULES FOR INTERNATIONAL CARRIAGE BY AIR
WHEREAS, the Constitution, Article 7, Section 21 states: "No treaty or international
agreement shall be valid and effective unless concurred in by at least two-thirds of all the
members of the Senate";
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Wl~EREAS,
tile t~nvention' for
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the Unification of Certain Rules for International
Carriage y ~lF"'Wl\lCh was openeCl for signature on 28 May 1999 entered into force on 4
November 2003;
WHEREAS, as of May 2014, there are 107 parties to the Convention, included in this
total are 106 of the 191 Member States plus the European Union;
WHEREAS, the Convention recognizes the need to modernize and consolidate the
Warsaw Convention and other related covenants on international carriage of passengers,
baggage, and cargo by air, specifically on liability regime that has existed since 1929;
WHEREAS, the Convention facilitates the use of simplified and modernized
documents of carriage, enabling the use of electronic or computerized data processing for
the issuance of these documcnts;
WHEREAS, the Convention establishes a two-tier liability regime in case of
accidental death or injury to passengers, and provides for strict liability of carriers in cases
of destruction, loss, damage or delay in the carriage of baggage or cargo; thus, the new
liability system is expected to minimize costly litigation;
WHEREAS, the Convention likewise allows a wider choice of jurisdictions for
bringing claims by allowing a damage suit for accidental deaths or injuries to passengers to
be brought in the territory of a State Party in which at the time of the accident the passenger
has his or her principal and permanent resident and to or from which the carrier operates
services for the carriage of passengers by air;
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WHEREAS, many of the Philippines' key trading partners are already Parties to the
Convention; with the advent of ASEAN integration in 2015 wherein inter-regional flights
are expected to increase, the Philippines' ratification of this Convention will prove to be
timely and beneficial, resulting in a fairer liability regime that will protect passengers
travelling from and to the Philippines;
WHEREAS, the Convention also complements the Philippine commitment to
implement the ASEAN Single Window initiative by 2015 where electronic documents of
carriage will enable air cargo to better support exporters and other shippers in the
Philippines, ensuring that they are not at a competitive disadvantage with those in other
Asian states;
WHEREAS, the President of the Philippines acceded to the Convention on 26 May
2014 and has accordingly submitted it to the Senate for concurrence in its accession, in
accordance with the Constitution;
WHEREAS, in the hearing conducted by the Senate Committee on Foreign Relations
on 5 March 2015, the following government agencies endorsed the concurrence in the
accession to the Convention:
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pepartment of Foreign Affairs
Department of Transportation and Communications
Civil Aeronautics Board
Department of Finance
National Competitiveness Council
WHEREFORE, BE IT HEREBY RESOLVED, that the Philippine Senate concur, as
it hereby concurs, in the Philippine accession to the Convention for the Unification of
Certain Rules for International Carriage by Air signed on 28 May 1999 in Montreal, with
the reservation that the Convention shall not apply to (a) international carriage by air
performed and operated directly by the Philippines for non-commercial purposes in respect
of its functions and duties as a sovereign State; and (b) the carriage of persons, cargo, and
baggage for its military authorities on aircraft registered in or leased by the Philippines, the
whole capacity of which has been reserved by or on behalf of such authorities.
Adopted,
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MIRIAM DlfENSOR S:;11'TIAGO
Chair
Committee on Foreign Relations
