Security rules for mishandled baggage

The regulation is issued to implement Section 9.6 of the National Civil Aviation Security Program (NCASP).
The regulation is issued in compliance with Annex 17 of the Convention on International Civil Aviation.
The regulation’s purpose is to prevent the introduction into aircraft of weapons, explosives, or any other dangerous devices, articles, or substances through baggage mishandling.

“Baggage Handling System” refers to the critical chains in the transfer of baggage prior to loading into the aircraft, including computer programs designed to place color-coded tags for appropriate routing and retrieval using number claim stubs.
“Cabin Baggage/Luggage” means baggage intended for carriage in the cabin of an aircraft.
“Carts” means any baggage container used in transporting hold baggage to and from the aircraft.
“Explosives” are items that can be triggered to explode.
“Explosive Ordnance Disposal (EOD) Team” is a specialized unit of the PNP/AFP responsible for disposal of explosives.
“Hold Baggage” means items other than aircraft or airline stores or cargo received into the custody of an aircraft operator for carriage in the hold of a relevant passenger aircraft.
“Explosive Detection Dog (EDD)” is a K-9 team accredited by OTS used to detect explosives.
“Mishandled Baggage” is baggage involuntarily or inadvertently separated from passengers or crew.
“Storage Area” means areas at international and national airports where mishandled baggage may be held until forwarded, claimed, or disposed of in accordance with the regulation.
“Weapons” means any item designed to kill, injure, immobilize, or incapacitate.

Aircraft operators must ensure that a passenger’s hold baggage is not transported unless the passenger is on board the aircraft, or unless the baggage has been subjected to other security control measures after a determination that the passenger is not on board (Section 4).
Security measures apply to prevent mishandled baggage and to control hold baggage handling in international and domestic operations (Section 4.1).
Aircraft operators must accept hold baggage only from ticketed passengers and only by responsible agents or authorized representatives of the aircraft operator (Section 4.1.1).
Once accepted, hold baggage must be protected from unauthorized access until returned to the passenger at destination or transferred to another operator (Section 4.1.2).
Access to baggage make-up areas and baggage transfer points must be restricted to authorized personnel only (Section 4.1.3).
Security personnel of the concerned aircraft operator, airport authorities/managers, and PNP-AVSEGroup may challenge unauthorized persons and deny access (Section 4.1.4).
Baggae handlers/loaders must prevent unauthorized baggage from being placed on conveyor belts, carts or vehicles and must ensure loaded baggage carts are not left unattended in areas accessible to the public (Section 4.1.5).

Storage areas for mishandled baggage must be established in all airport terminals (Section 4.2.1).
Concerned aircraft operators are responsible for any erasures, tampering, altering or damaging of identifying marks and tags of hold baggage (Section 4.2.2).
Airport authorities/managers must designate an appropriate storage area and establish a filing system to expedite claim by rightful owners (Section 4.2.3).
Concerned aircraft operators must be notified of any mishandled baggage incident by their handler/loader or security personnel to enable appropriate action and passenger and baggage reconciliation (Section 4.2.4).
All mishandled baggage must be subjected to security screening prior to storage (Section 4.2.5).
Suspicious mishandled baggage must be screened using Explosive Detection System (EDS) and/or an OTS Accredited EDD (Section 4.2.5).
If explosives are discovered, such discovery must be reported to the concerned aircraft operator and the EOD team for appropriate action (Section 4.2.5).
Each airport must establish a bomb dispersal area, using an OTS approved design and with location and construction determined by the airport authority/management (Section 4.2.6).

Failure by an aircraft operator to observe the required security measures is a ground for civil liability for any damage and injury to third persons (Section 5.1).
Failure by the Airport General Manager/Manager to provide the required storage area and security measures may result in civil or administrative liability for any damage and injury caused to third persons, subject to existing laws (Section 5.2).

The rules must be liberally construed to promote civil aviation security objectives (Section 6).
OTS may enforce the rules and prescribe other requirements through the Administrator to address evolving civil aviation security challenges (Section 7).
All inconsistent orders, rules, regulations, and issuances, or portions thereof, are repealed or modified accordingly (Section 8).
If any provision or section is declared null and void by a competent authority, the remaining provisions remain in full force and effect (Section 9).

The regulation takes effect immediately after fifteen (15) days from publication in a newspaper of general circulation (Section 10).