The Standard - 2015 September 03 - Thursday

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VOL. XXIX NO. 203 3 Sections 32 Pages P18 THURSday : SEPTEMBER 3, 2015 www.thestandard.com.ph editorial@thestandard.com.ph

Roxas tops survey paid for by his own party

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ombudsman’s iRe Morales accuses Noy of slashing probe body’s funds

By christine F. Herrera and Rey E. Requejo

OMBUDSMAN Conchita Carpio Morales complained in her testimony before Congress Wednesday that President Benigno Aquino III was usurping her constitutionally guaranteed fiscal autonomy by making her seek his permission before spending more than P2 million from her agency’s income from clearance collections and savings. At Tuesday’s budget hearing, Morales said they could not use their own income from the collection of clearance fees to augment the agency’s operations. “How sad because we are supposed to be fiscally independent and yet we cannot come up with the use of the P4 million generated from the issuance of clearances,” Morales told the House committee on appropriations chaired by Davao City Rep. Isidro Ungab. Next page

Binay hits ‘telenovela’ probe of Aquino By Vito Barcelo, Maricel V. cruz and sandy Araneta

Pity the children. Senator Grace Poe sheds tears as she addresses the delegates to the 13th Global Consultation on Child Welfare Services in Taguig City. Story on Page 3. Ey AcAsio

VICE President Jejomar Binay dismissed the Ombudsman’s investigation of President Benigno Aquino III and Budget Secretary Florencio Abad Wednesday as a scripted “telenovela.” “I only said this on the basis of what had happened in the past. You can already speculate what will be the ending,” he added, noting that the investigation seems to be part of a protracted drama series. Ombudsman Conchita Carpio Morales on Tuesday told a House panel that her agency was investigating the President and Abad over the Disbursement Acceleration Program (DAP), which the Supreme Court has ruled as illegal. Next page


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Lawyer sues pork fund abusers By rio n. Araja

THE former lawyer of pork barrel scam whistle-blowers Benhur Luy and Merlina Suñas filed a P500-million malversation complaint against former and incumbent lawmakers before the Office of the Ombudsman over their alleged involvement in the diversion of Priority Development Assistance Fund allocations from 2007 to 2009. The cases filed by lawyer Levito Baligod involved alleged fund diversions outside of those that went through the foundations created by suspected pork barrel scam mastermind Janet Lim Napoles. Charged were Senators Juan Ponce Enrile and Ramon Revilla Jr.; exsenator Edgardo Angara; ex-Davao representative Prospero Nograles; exrepresentatives Joseph Santiago, Roberto Cajes, Florencio Miraflores, Carol Lopez, Edgar San Luis, Emmanuel Joel Villanueva who is now the chief of the Technical Education, Skills and Development Authority; Rodolfo Antonino; Reno Lim; Evita Arago; Rachel Arenas; Alfonso Umali and Marina Clarete; Iloilo Rep. Neil Tupas, Rep. Arturo Robes, Rep. Julius Ledesma IV and Rep. Al Francis Bichara. Enrile and Revilla are also facing charges of plunder, and 11 and 16 counts of graft, respectively, before the Sandiganbayan for allegedly receiving kickbacks from their PDAF that went to Napoles-linked foundations. Baligod said those involved in the scam were St. James the Apostle Multipurpose Cooperative, Kagandahan ng Kapaligiran Foundation Inc., Aaron Foundation, Kapuso’t Kapamilya Foundation, Kabuhayan at Kalusugang Alay sa Masa Foundation, Ikaw at Ako Foundation, Buhay Mo Mahal Ko

Ombudsman’s From A1...

Morales made known her complaint on the same day that she announced that President Aquino and Budget Secretary Florencio Abad were already being investigated over the Disbursement Acceleration Program (DAP), parts of which the Supreme Court had struck down as illegal. But Justice Secretary Leila de Lima said Wednesday the Office of the Ombudsman cannot conduct a preliminary investigation against President Aquino over the DAP, saying that his constitutionally guaranteed immunity from suit includes preliminary investigations. This meant the Ombudsman may only conduct a fact-finding investigation of the charges against the President.

Binay From A1...

But Binay said Wednesday that the investigation was designed to kill the case because it will become an issue in the coming elections. The Palace denied Binay’s allegations, saying they were just part of his negative campaign against the administration. Binay said he believed there was a basis for the Ombudsman’s investigation in the light of the Supreme Court decision. The Vice President said if he is elected president next year, he will push for an investigation of the DAP and all the government officials involved. “If there is evidence, why not? Those who commit misdeeds in the administration, especially Mr. Abad, will be pay for it. If there is evidence, we will file charges,” he said. As for Aquino, he said he would

Foundation, Kasangga sa Magandang Bukas Foundation, Gabay sa Magandang Bukas Foundation, Kabuhayan at Kalusugang Alay sa Masa, Center for Mindoro Integrated Development Foundation, Uswag Guimaras Foundation, Kaisa’t Kaagapay Foundation, Kaagapay Magpakailanman, Infinite Community Integrated Development Support, Gabaymasa Development Foundation, Pangkabuhayan Foundation using a similar scheme as that used by Napoles’ fake foundations. He identified the implementing agency as the National Agri-business Corp., which was used to divert the lawmakers’ funds. All documents regarding the pork barrel fund scam in the new complaint were already in the possession of the Justice Department, he said. Some respondents in the new case were private individuals, as respondents, Marilou Antonio of Kabuhayan at Kalusugang Alay sa Masa Foundation and one Nancy Catamco. Baligod urged Ombudsman Conchita Carpio Morales to conduct a probe of the P500-million pork barrel fund, saying several officials of the Commission on Audit must also be investigated for receiving bribes and brand new cars in exchange for their clearance even without the proper documents.

Another case. Lawyer Levito Baligod holds up a copy of the case he filed with the Ombudsman in Quezon City against Senators Juan Ponce Enrile and Ramon Revilla Jr. and former Senator Edgardo Angara who, he claims, channeled at least P500 million in their pork barrel allocations to questionable nongovernment organizations. MAnny PAlMero

“A complaint is filed so the Ombudsman has no option under the law but to conduct the fact-finding investigation. This is just the same with a complaint filed with the DoJ. It has no option but to conduct an investigation,” she said. “The President can be subject of an investigation by the Ombudsman. However, this only goes so far as the fact-finding stage because he cannot be subject to preliminary investigation without violating his immunity,” De Lima said. A fact-finding investigation involves data gathering, and a case build-up to determine if there is a need to subject a person to a preliminary investigation. The preliminary investigation refers to an inquiry to determine if there are sufficient grounds to file a case in court. Morales said Tuesday that her office has created a fact-finding team to investigate the DAP cases. In the budget hearing, Morales also

said the P4 million from fees was the only income her agency received, but she could not use it. For additional intelligence funds to finance confidential activities of the Office of the Ombudsman, she said the agency has to use money from its savings that also come from the collection fees. Morales said at present, the ceiling for the use of savings is P2 million; beyond that, they must secure the approval of the President. She sought congressional help to raise the ceiling to P5 million, so that the agency would only need presidential approval beyond that amount. Morales was in the House to defend her office’s P1.77-billion budget proposed for 2016. Director Soledad Doloiras, a Budget Department representative, said as in years previous, the Ombudsman augmented its existing appropriation for

the conduct of confidential activities out of their savings in the current year. “Because of the available savings from personnel services of the Ombudsman, they can always realign it to cover deficiencies in the conduct of confidential activities,” Doloiras said during the appropriations committee hearing presided over by Quirino Rep. Dakila Carlo Cua, panel vice chairman. Misamis Occidental Rep. Henry Oaminal asked Doloiras if the DBM could recommend an increase in the intelligence fund of the Ombudsman, instead of making it rely on savings. Pangasinan Rep. Rosemarie Arenas urged her colleagues to pass the proposal seeking to provide more fiscal autonomy to the Office of the Ombudsman. “If we have to stay true to our commitment to good governance, then let’s act on the bill in favor of the Ombuds-

man,” Arenas said. In his budget message to Congress, President Aquino said the Office of the Ombudsman will receive P1.78 billion next year, a cumulative 68-percent increase from its P1.06-billion budget in 2010, enabling it to more vigorously prosecute corruption cases. Of the P1.78 billion of the Office of the Ombudsman next year, P1.5 billion has been allotted to personnel services, P253.18 million to maintenance and other operating expenses, and P21.4 million to capital outlay. For 2014, the Ombudsman resolved 6,236 criminal and administrative cases from the combined workforce of 14, 951, leaving a balance of 8,715 cases as of January 2015, Ombudsman records show. A total of 632 criminal complaints resulted in the filing of criminal cases in various courts, of which 135 charges were filed before the Sandiganbayan.

leave it to the Justice Department to determine if he too should be charged. The leader of the independent minority bloc in the House, Leyte Rep. Ferdinand Martin Romualdez, urged the Office of the Ombudsman to decide independently on the DAP investigation. “We are confident again that the Ombudsman will be independent and perform its function without fear or favor,” said Romualdez, a lawyer and president of the Philippine Constitution Association, which had questioned the DAP before the Supreme Court. “The Ombudsman must proceed with full authority here because this is a very important issue that warrants clarity in the name of transparency and accountability,” Romualdez said. The DAP, a brainchild of Abad, was a mechanism to impound funds from various projects and divert them to other purposes not specified by Congress. The Supreme Court declared the

program unconstitutional in 2014. In response to a question from Bayan Muna lawmakers, Morales, during a budget hearing in Congress, said the DAP cases were pending a fact-finding investigation. She added that the investigation report by the Field Investigation Office was under evaluation. Cavite Rep. Elpidio Barzaga Jr., vice president of the National Unity Party (NUP), said Wednesday the fact-finding probe against President Aquino and Abad would show that “selective justice” under the Aquino administration does not exist. “The disclosure of Ombudsman Morales conclusively shows that contrary to the claims of the opposition and critics of the administration, Ombudsman Morales is not engaged in selective prosecution,” Barzaga said. Barzaga also expressed optimism that the fact-finding investigation would find nothing to implicate Presi-

dent Aquino III and Abad. Kabataan party-list Rep. Terry Ridon, on the other hand, said while he welcomed the investigation, he was wary that it might become a way to “deodorize” Aquino, Abad and other Liberal Party officials ahead of next year’s elections. “We appeal to the good Ombudsman to exhaust all means to implement the Supreme Court ruling on DAP. The Filipino people have high expectations for the Ombudsman regarding this case. Ombudsman Morales should not let us all down by simply absolving Aquino and Abad,” Ridon added. Ridon said the Ombudsman has enough reason to find Aquino and Abad guilty over several charges, including malversation and plunder. “Ombudsman Morales should take the cues from the DAP decision of the SC, as it clearly challenges the public to hold Aquino and Abad accountable for creating DAP,” Ridon said, referring

to the 27-page final decision on DAP promulgated by the Supreme Court in February this year. “This is precisely what the Ombudsman needs to investigate—whether a crime was committed by channeling funds to these DAP projects. Any keen observer who’s followed the DAP fiasco would agree that enough evidence is present to indict Aquino and Abad,” Ridon added. In the Palace, presidential spokesman Edwin Lacierda said the President did not regret appointing Morales as Ombudsman, despite her decision to investigate him and Abad. Lacierda said the Ombudsman would not be influenced by the administration. “Certainly and categorically, there is no unseen hand. This is the independence of Chit Carpio Morales working as the Office of the Ombudsman was meant to be. To be an independent office and to be able to investigate without fear or favor,” he said.


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Foundling Grace notes hike in unwanted kids By Macon r. araneta SENATOR Grace Poe said Wednesday the country’s grinding poverty was the reason behind the huge number of unwanted children whose parents opt to give them up rather than have them live in miserable conditions. “I cannot help but find this truly tragic—because it underlies a willingness to keep the child if the parents or parent only had the means to do it,” Poe said during the 13th Philippine Global Consultation on Child Welfare Services. She said she was an advocate of adoption, but she was saddened by the poor families that are being forced to part with their children. Last year, one in 10 Filipinos was considered extremely poor, meaning they could not afford the food they needed to perform economically necessary and socially desirable physical activities. “This is why we should find ways to afford our people with decent and gainful employment and make basic food and services affordable,” Poe said. “This will ease the financial burden of raising children. Ultimately, my hope is that no Filipino should give up a child out of economic hardship.” In 2012, a family of five needed a monthly income of P5,513 to buy their minimum basic food needs, and P7,890 to buy their minimum basic food and non-food needs. Poe, a foundling who was adopted by actors Fernando Poe Jr. and Susan Roces, said adoption provides a way for children in poverty to “develop and reach their full potential and have a fighting chance to live a life of dignity and happiness.” “The slightest stroke of ill fortune could have rewritten my life story into something much different and perhaps less happy. This, in a way, is

the situation of most children you are trying to place for adoption,” Poe said. She praised the Inter-Country Adoption Board or ICAB for providing children with good homes and fulfilling childless people’s wish to become parents. The ICAB finalized 386 adoptions last year and 194 in the first half of 2015. Poe said each individual adoption success story was a triumph of human goodwill that went beyond statistics, but it also reflected a sad reality in the Philippines. “They indicate that there is still a huge number of unwanted children in our country and this frankly saddens me,” Poe said. “There is a multitude of reasons why parents give up their children, and in a developing country like the Philippines, poverty is surely number one.” Poe said the government, as part of its general responsibility to protect the welfare of children, should endeavor to attend to their needs promptly. That would include strengthening the system of birth registration that Poe seeks to streamline through Senate Bill 2892, which stipulates that any child who is found and classified as in need of special protection should receive, within 48 hours, whatever support is needed, be it documentation, medical attention or temporary custody. “This bill ensures that the adoption process is streamlined and not impeded by red tape,” Poe said. “When I was adopted by my parents, there was no question they were acting out of any other motive than pure love,” Poe said. “My advocacy of adoption is therefore a homage to them and my love letter, returning a love that cannot even begin to equal the love that they had poured on this foundling from the start.”

In custody. Jose Maria Abaya, 50, a son of former Constabulary general Antonio Abaya and a cousin of former Armed Forces Chief Narciso Abaya, sits behind bars after he shot at a passenger van, killing a passenger and wounding two others in Quezon City on Wednesday. Manny PalMero

Village visit. Vice President Jejomar Binay joins a boodle fight during his visit to different villages in Quezon City on Wednesday. Jansen roMero

Roxas withheld LGU funds, Binay alleges THE camp of Vice President Jejomar Binay on Wednesday slammed Interior Secretary Manuel Roxas II for allegedly not releasing more than P322 million allotted for the special local road fund or SLRF for 43 local government units, including Metro Manila. Binay spokesman Joey Salgado said the non-release of the fund for road maintenance had worsened the traffic congestion in Metro Manila, resulting in a daily loss of P2.4 billion in potential income. He said the worsening traffic conditions were making life difficult for the commuters and motorists in Metro Manila and other urban centers. But Malacañang denied Salgado’s assertion. “You know, the DILG can answer that question, but it’s rather laughable that he would say that,” presidential spokesman Edwin Lacierda told reporters. “Why would they block the funds?” Lacierda made his statement even as the Metro Manila Development Authority said the policemen who were now responsible for managing the traffic on Edsa would use the same approach as the MMDA traffic enforcers, and the only difference was that they would be armed. Salgado said Roxas did not release

P322,070,717 in funds allotted for the SLRF as early as 2013 as shown by the report of the Commission on Audit. “Roxas did not allow access to the SLRF funds to 43 local government units, including 10 LGUs in Metro Manila,” Salgado said. “We lose 20,000 work hours daily due to traffic and yet we find out the Department of Interior and Local Government could have helped the LGUs do something about road maintenance if only the SLRF meant to augment their budget for this was released.” Salgado quoted the COA, which says Roxas did not release the SLRF because the 43 LGUs allegedly failed to pass the Seal of Good Housekeeping, an internal DILG criteria for releasing the SLRF that is not supported by any law. Salgado agreed with the CoA observation that the SGH could be “perceived as a punishment to the constituents and not just for the few who mishandled/mismanaged the financial resources of the 43 LGUs.” “The non-release due to a DILG

Mar elated after topping LP-funded survey INTERIOR Secretary Manuel Roxas II is the sure winner in the 2016 presidential elections, an official claimed Wednesday citing a Liberal Party-commissioned survey. Caloocan Rep. Edgar Erice, the LP’s chairman for political affairs, said the survey showed that Roxas was preferred by 53 percent of the respondents compared with the 27 percent who preferred Vice President Jejomar Binay. He refused to reveal the name of the company that did the survey but said it was a very credible one. “We conducted the survey with 1,200 respondents all over the country and we used the same method being done by several well-respected survey agencies,” Erice told

reporters. But he was quick to say that the survey did not cover other presidential candidates like Senator Grace Poe and Davao Mayor Rodrigo Duterte, who had yet to declare their intention to run for President. Roxas said he was elated by the survey. “Well then, very good,” he said. “I’m expressing my sincerest gratitude to the support our countrymen is giving.” But 1-BAP party-list Rep. Silvestre Bello III, a member of the House Minority Bloc, said the LP-commissioned survey was selfserving. “I hope the LP will not believe its own propaganda,” Bello said. Erice said the survey was conducted “immediately after” President Aquino III en-

dorsed Roxas as his anointed one. “The President’s endorsement has improved the survey numbers of Secretary Roxas,” Erice said. Eastern Samar Rep. Ben Evardone, an LP stalwart, said it was “not surprising” that Roxas led the survey. “We expected that because of the power of presidential endorsement and the lingering issues on corruption against VP Binay,” Evardone said. Abakada party-list Rep. Jonathan de la Cruz, a member of the House Independent Bloc, also welcomed the results of the survey. But he doubted Roxas’s popularity would be sustained once Poe declared her intention to run for President. Maricel V. Cruz and John Paolo Bencito

internal criteria is even contrary to law,” Salgado said. “Under the existing law or RA 8974, the SLRF should be distributed to provincial and city governments exclusively for maintenance and improvement of local roads.” LGUs are allotted the SLRF or 5 percent of the Motor Vehicle Users’ Charge based on Republic Act 8794 “for road maintenance and the improvement of road drainage, for the installation of adequate and efficient road safety devices and traffic management.” The SLRF is collected from motorists to finance maintenance projects for national and provincial roads. “In 2013, 43 LGUs were unable to access their share of the SLRF as the DILG management excluded them from the SLRF share of P322,070,717 for not passing the SGH requirements which are contrary to the Road Board Policy and MVUC Law,” the COA said. “Passing the SGH is not a requirement for the LGUs to avail of the SLRF. It is DILG’s internal criteria for determining which LGUs are to be prioritized,” Salgado said quoting the CoA. “It should be released as intended by the law. The law is above any criteria the DILG has set.” Vito Barcelo, sandy araneta and Joel e. Zurbano REPUBLIC OF THE PHILIPPINES

COMMISSION ON APPOINTMENTS ANNOUNCEMENT President Benigno S. Aquino III has submitted to the Commission on Appointments (C.A.) for confirmation the ad interim appointments of the following ranking officers in the Armed Forces of the Philippines: Cristopher T. Calulot, Sr., PA and Robert I. Dancel, PA (Reserve) – Colonel; Socrates M. Daza, PN and Oscar D. Canlas, Jr., PN – Captain The public may submit any information, written report or sworn complaints or oppositions in forty (40) copies on the above appointments to the CA Secretariat, 6th Floor, PNB Financial Center, Diosdado Macapagal Blvd., Pasay City, Metro Manila. For the schedule of the public hearings, the CA Secretariat can be reached through telephone numbers 551-7532, 831-0893, 831-1824, 834-2706, 831-1566 and 834-2713. 02 September 2015.

(TS-SEPT. 3, 2015)

ARTURO L. TIU Secretary


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Frustrated. Commission

on Elections Chairman Andres Bautista holds a press conference after Senator Juan Ponce Enrile blocked his appointment as head of the poll body. SARA FABUNAN

De Lima to pursue Samson complaint By Rey E. Requejo

Enrile blocks CA nod for poll chief By Macon R. Araneta and Sara D. Fabunan ACTING Senate Minority Leader Juan Ponce Enrile blocked the confirmation of Commission on Elections Chairman Andres Bautista and Commissioner Sheriff Abas and demanded the poll agency explain claims that 12 million votes were not counted in the 2013 elections. During a hearing of the bicameral Commission on Appointments, Enrile said the Parish Pastoral Council for Responsible Voting, through Chairperson Henrietta de Villa, reported that 12 million votes from more than 18,400 precincts were not counted in the last elections. The senator said the case has never been released to the press and claimed that after the election, there were even reports of a

breakdown of communication in the country and overseas. “I will require you to submit a report to this commission before we confirm you,” Enrile told Bautista after the poll body chief said he was not familiar with the issue. “This involves the fate of 18,486 precincts in the country during that election, representing about 12 million votes which still have no any electronic or manual count

of votes all over the country and all over the world including the overseas of the countries,” Enrile said. “I’d like to know if Comelec did any disposition of this report. And why it was not published to the public at that time,” he added. Enrile said the PPCRV report claimed that there was a “6030-10” scheme in purportedly padding or shaving votes in the 2013 polls, using the same Smartmatic program that the Comelec had recently decided to the same company. “There has never been any public discussion of this in the media, there has never been any revelation of this secret to the press and since we’re going to use the same Smartmatic program and machine in the upcoming election, we have the right, the people have the right to know what happened to these 18,486 precinct?” said the

91-year-old lawmaker. Aside from the matter raised by Enrile, a joint sworn opposition by Jose Ozamiz and Erlina IlusorioBildner, who claimed Bautista caused them large financial losses after the Presidential Commission on Good Government, then headed by Bautista, sequestered Philcomsat. Bautista claimed he was informed that the allegedly missing results are not actually missing and were “simply not electronically transmitted. They were instead manually uploaded in accordance with published rules.” “My understanding is that the transmission in 2013 was 77 percent but the remaining was manually uploaded and as I said by way of a general strategy, the Comelec would like to learn from its mistakes in 2010 and 2013,”’ Bautista added.

JUSTICE Secretary Leila de Lima insisted that the preliminary investigation of the illegal detention charges filed against the advisory council of the Iglesia Ni Cristo will proceed even as she denied that she took unusual interest in the case over more important ones pending in her office. “Preliminary investigation is an occasion where the DoJ performs a ministerial function. Once we receive complaint, the DoJ has no option but to conduct an investigation,” De Lima said. “No one is exempt from these standard procedures,” she added. De Lima denied she gave “extraordinary attention” to the Samson complaint because she was just doing her job. But Iglesia Ni Cristo leaders said they staged a crippling protest on Metro Manila’s main thoroughfare, Epifanio delos Santos Avenue, precisely because of De Lima’s inordinate interest in the case. Dean Serafin Cuevas Jr. of the INC-owned New Era University College of Law said they could only conclude that De Lima was unusually interested in the case because she personally ordered National Bureau of Investigation to probe the case. But when NBI probers said there was no proof of a crime having been committed, De Lima overruled the NBI and said there was a possibility that a crime had indeed been committed even before the conclusion of preliminary investigation. “When those words come from the mouth of the Secretary of Justice, that betrays prejudice, partiality and bias,” Cuevas said. Cuevas said they were not against the investigation of the case, but against De Lima’s partiality.

Suspect in judge’s slay eyed By Rey E. Requejo THE cases involving drug charges and land disputes could be the motive behind the killing of Judge Jude Erwin Alaba of the Baler, Aurora Regional Trial Court, a Supreme Court official said Wednesday. Court Administrator Jose Midas Marquez, who supervises all RTC judges across the country, said police investigators are looking into the cases that were being tried by Alaba to determine the possible motive behind his murder. “Police investigators have already pinpointed a suspect based on the eyewitness accounts,” said Marquez who also visited the judge’s widow who was still recovering in hospital from a gunshot wound in the arm. “The investigators are looking at the cases being handled by the judge as the motive as he has no known enemies. Initial review of cases

shows that the late judge was handling sensitive drug cases and some land disputes,” Marquez said in a text message. Upon instruction by Chief Justice Ma. Lourdes Sereno, Marquez went to Baler to condole with the heirs of Alaba, who was shot by a gunman Tuesday afternoon while he and his wife were about to alight from their car near the court. Marquez met with the Aurora provincial police chief, the provincial prosecutor and NBI officials and asked them to exert all efforts for the quick apprehension of the gunman and the mastermind. “Some leads are being followed by the police based on eyewitness accounts,” he said, in text message. The SC official also met with the court staff and instructed them to conduct an inventory of cases and case incidents, including sensitive drug cases and land disputes, which could have triggered the fatal shooting of the judge.

On the spot. Supreme Court Administrator Jose Midas P. Marquez confers with the police officials outside the wake for slain Judge Jude Erwin Alaba of the Baler, Aurora Regional Trial Court who was killed by a lone gunman on Tuesday.


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OFWs hold signature drive vs Customs By Vito Barcelo A coAlition of the oFW Family party-list and the Federation of Filipina Women in italy will mount a signature campaign in select cities of Europe and the United States to signify their vehement opposition to the Bureau of customs’ plan to open balikbayan boxes for inspection.

Customs brokers, students and members of the academe picket in front of the Senate building in Pasay City in protest against the Customs Modernization and Tariff Act which is feared to lead to the abolition of licensed Customs brokers. Ey ACAsio

PNP chief told: Get tough on rogue cops By Francisco Tuyay AN international human rights watchdog urged National Police chief Ricardo Marquez to get tough on all rogue cops particularly those responsible for torture and extra judicial killings. Phelim Kine, Asia Director of Human Rights Watch said Marquez should take appropriate action against those (cops) responsible, regardless of rank, for human rights violations and ensure prompt, transparent and impartial investigations of alleged abuses. “He has the duty and the responsibility to make sure that the national police meets its domestic and international human rights obligations,” Kine said adding that Marquez should “turn the PNP into a rights-respecting professional organization.” So far, the watchdog said that the Task Force Usig, created by the PNP

in 2006 to probe extra-judicial killings of activists and journalists, has only secured nine convictions out of the 181 cases it handled since 2001. “Marquez should direct the task force to improve its investigation and document of cases of alleged extrajudicial killings. The task force should submit a regular— preferably monthly, progress report on the status of these cases,” Kine said. The PNP leadership has been conducting a series of seminars emphasizing respect for human rights while drastic policies has been crafted in the swift enforcement against rogue cops through dismissal from the police service. Kine said that Marquez should act on the epidemic of extra-judicial killings in the country by acting on the recommendations reported by the Human Rights Watch on May 2014, relating to the summary killings in

Tagum City, Daval del Norte. The human rights group claimed that police officers assigned in Tagum City were allegedly involved in operation and control of the so-called “Tagum Death Squad.’’ Kine also urged Marquez to reform the PNP’s Human Rights Affairs Office, which failed in its role in monitoring human rights violations of certain policemen. “Marquez urgently needs to tackle the problem of rampant human rights abuses by the Philippine National Police. It’s in his hands whether the police can transform itself from predator to protector of the people,” Kine said. At least 33 journalist have so far been killed since President Benigno Aquino took power in 2010 and 137th since press freedom was restored during the late President Cory Aquino thorugh a people power uprising in 1986.

The group is also calling for the immediate resignation of Customs chief Alberto Lina who seems to be defying an order from President Aquino to the BoC to use electronic means to detect suspicious or dutiable items inside the boxes. But the OFWs, however, said they are still cautious on the plan of the BoC to inspect the boxes and to impose additional taxes on their belongings sent to their families in the Philippines. OFW Family Party-List representative Rep. Roy Seneres said that OFWs will continue the signature campaign started last Aug. 30, 2015 as their protest to the previous plan of BoC to inspect balikbayan boxes. He said that they still doubt the sincerity of Lina not to inspect balikbayan boxes because he already presumed the OFWs will send balikbayan boxes with smuggled goods. The group also said that the BoC should instead go after big-time smugglers at the bureau and not to OFWs who merely send second hand or unexpensive gifts to their families in the Philippines. The workers’ coalition announced the signature drive even as the Customs bureau on Wednesday spelled out the guidelines on its “no -physical inspection” policy on balikbayan boxes. Under Customs Memorandum Order 272105, the agency said all balikbayan boxes will go through mandatory X-ray inspection instead of physical inspection. “Balikbayan boxes of OFWs [overseas Filipino workers] shall not be subjected to random or arbitrary physical inspection instead they shall only undergo mandatory X-ray scanning,” the order read. Mandatory scanning of the container vans will be conducted at the designated examination area for preliminary examination of non-commercial inbound consolidated shipment. Non-commercial inbound shipments that will be tagged “suspect” after X-ray scanning will be issued an alert order and will then undergo mandatory physical inspection. To ease port congestion, inspection will be conducted at the freight forwarded warehouse, the BoC said. “For balikbayan boxes without violation, it shall be segregated and provisionally released to allow its continuous processing,” Customs said. With Gabrielle H. Binaday

Marcos pushes special sessions for BBL SeNATOR Ferdinand ‘Bongbong’ Marcos Jr. on Wednesday said he was open to the idea of holding special sessions to ensure that the plenary debates on his substitute bill for Bangsamoro Basic Law (BBL) will be finished before the filing of certificate of candidacy (COC) next month. Another lawmaker, Rep. Rufus Rodriguez, gave up hope the proposal would be enacted during the term of President Aquino, stressing that the issue on quorum was a factor for the delay iin the passage of draft Moro law. But Marcos, chairman of the Senate Committee on Local Government, said it is up to the discretion of Senate President Franklin Drilon and House Speaker Feliciano Belmonte Jr. to call special sessions. Under the Constitution, Article VI, Section 15, “the President may call a special session any time.” ‘‘I will leave it to the discretion of the Senate president and the House speaker,” Marcos

said in a media interview after gracing the 11th anniversary of the Renaissance School of Science and Technology (RSST) in Morong, Rizal. Marcos said the special sessions for the Basic Law on Bangsamoro Autonomous Region (BLBAR) can be held in the morning from Monday to Thursday. He admitted that it is difficult to predict how long the Senate will complete the plenary discussion on the proposed measure. ‘‘You cannot stop the senators from throwing their questions and from making their suggestions and amendments,” Marcos said. “If the pacing of the debates is too slow, perhaps we can add more time. But we cannot rush the debates. We have to listen to all the amendments and suggestions of the senators,” he added. Marcos said the proposed national budget for 2016 might also affect the immediate passage of the BLBAR. Maricel Cruz and PNA

Ambulance donation. Rev. Fr. Eugene Van Ackere, with Philippine Charity Sweepstakes Office Vice-Chairman and general manager Jose Ferdinand Rojas II, directors Betty Nantes and Francisco Joaquin, Benguet Gov. Nestor Fongwan, Rep. Ronald Cosalan, and LGU officials, blesses some of the 27 ambulances donated by the PCSO from the Ambulance Donation Program to the provinces of Benguet, Ifugao, and Mountain Province held at the Baguio Convention Center, in Baguio City on August 28. JOSEPH MUEGO


t h u r s d ay : s e p t e m b e r 3 , 2 0 1 5

A6

news

editorial@thestandard.com.ph

Makati tax bid gains ground The transparent and good governance being implemented in the City Government of Makati is now gaining ground after the Office of the Mayor through its Treasury Department noted an immense growth in tax collection for the period of Jan. 2 to Aug. 20, 2015, which amounted to P11,053,533,515. Citing a report from the Treasurer’s Office, Acting Mayor Romulo V. Peña said the city government

already achieved 90 percent of its projected target of P12,284,535,000 for Fiscal Year 2015—an indication

of a robust economy buoyed by increased trust and confidence of the business community and stakeholders in the city government. He said the bulk of collection came from business tax with a total of 5,946,692,720.76, followedbyrealpropertytax(RPT) with P2,478,490,843.94; fees and charges, P547,881,440.06; and economic enterprise, P140,357,538.66. “With the increasing efficiency in business permits

processing and in the collection of business and realty taxes, i am certain that we can surpass the 8.8-percent increase they posted last year because we still have over four more months of collection period for the year,” Peña said. The acting mayor thanked the business community for paying their taxes religiously and assured them of efficient utilization of such funds beneficial to both the taxpayers and Makati constituents.

“Rest assured that under the Bagong Makati’s guiding service principle, we shall serve with transparency, fairness and integrity. everyone can stand proud because equal services will be delivered to the business community and all the people of Makati. Regardless of status and color, together we will enjoy the good life,” he added. Makati’s annual revenue collection has consistently grown for the past several

years even during times when the country was faced with financial crises and political upheavals. Makati City has also remained deficit-free for over two decades now. even without increasing its tax rates since the revised Revenue Code was enforced in 2006, the city government has consistently surpassed its targets because of increasing efficiency in business permits processing and in the collection of business and realty taxes.

Workers, employers settle row for P47 m By Vito Barcelo

Fishermen up in arms. Members of a national federation of fisherfolks troop to the Quirino Grandstand at the Rizal Park in Manila on Wednesday, September 2 to protest against the implementation of a new law which they say curtails fishing and deprive them of their livelihood. DANNY PATA

‘Unity slate’ gathers steam; Eastern Visayas ready to join STReSSing that the country was in need of a leadership that would unite the nation, An Waray Rep. neil Montejo on Wednesday said that consultations with their constituents in eastern Visayas indicate that many of her kababayan (compatriots) were ready to throw their support behind the presidential and vice presidential bids of Senators grace Poe and Francis Joseph “Chiz” escudero, respectively. “Senator Poe is leading in surveys nationwide because she has a message walang maiiwan (no one left behind) that is not divisive, one that resonates with those in the provinces who feel that they have been neglected while our country has benefited from economic gains the past few years,” explained the legislator.

Montejo, whose party An Waray won two seats in Congress after garnering 540,906 votes in 2013, said that Poe and escudero were gaining momentum, as evidenced by political figures who had expressed their intention to run for the senate in a “unity slate” bannered by the two senators. “i already know of two party-list representatives who are entertaining serious senatorial bids, and are ready to join Senator grace and Senator Chiz once they announce their candidacies,” Montejo said. Last week, the 42-member partylist bloc committed to support the senatorial run of COOP-nATCCO. Rep. Cris Paez, who said “it would be an honor” to run with Poe and escudero.

Crime scene. Policemen inspect the scene where a delivery van driven by a certain Romel Villa allegedly lost control and crashed into a passenger jeepney killing two people and injuring eight others along A. Bonifacio Avenue in Marikina City. MANNY PAlMero

AT least 739 workers will share among themselves a P47-million windfall through the settlement of 64 requests for assistance (RFAs) in Cebu, the Department of Labor and employment said on Wednesday. Labor Secretary Rosalinda Baldoz said that the Cebu-DoLe regional office has awarded P47,145,498.58 in total monetary benefits to 739 workers through the successful settlement of 64 requests for assistance (RFAs) under the single entry approach mechanism of settling employer-employee issues. “Most of the RFAs were for non-payment of overtime pay, minimum wage, holiday pay, and 13th month pay,” Baldoz said. Among the issues the workers brought to the DoLe were those on illegal dismissal and non-coverage and/or non-remittance of social protection premium or contribution under SSS, PhilHealth, and Pag-iBig. Apart from the DoLe, other agencies providing SenA services to DoLe clients are the national Conciliation and Mediation Board (nCMB), Regional Tripartite Wages and Productivity Board (RTWPB), Philippine Overseas employment Administration (POeA); national Labor Relations Commission-Regional Arbitration Branch (nLRC-RAB); and Overseas Workers Welfare Administration (OWWA). The SenA is an administrative approach that provides a speedy, impartial, inexpensive, and accessible settlement procedure for all issues/complaints arising from employer-employee relations to prevent them from worsening into full-blown disputes, Baldoz said.


T H U R S D AY : S E P T E M B E R 3 , 2 0 1 5

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NEWS

editorial@thestandard.com.ph

Key cities prepare for ‘Super’ El Niño

Mobile fruit stand. Pineapples are sold from a van in La Trinidad, Benguet. DAVID CHAN

Groups to govt: Probe Lumad killings in Caraga By Christine F. Herrera

HUMAN rights advocates are urging the Senate, the House of Representatives and the Department of Justice to look into the killing of eight Lumads in the past two weeks by a paramilitary group in the Caraga region. Kilusang Magbubukid ng Pilipinas chairman Rafael Mariano said that the Mahagat Bagani, the group alleged to carry out the killings, was this administration’s version of the Alsa Masa, notorious for killing civilians in Mindanao in the 1980s. “We demand the urgent dismantling of Mahagat Bagani,” said Mariano. The Mahagat Bagani was cre-

ated by the Eastern Mindanao Command to serve as auxiliary force multiplier for the administration’s counterinsurgency campaign in the region. It operates with the 36th Infantry Battalion of the Philippine Army. Three men—leaders of peasants and indigenous peoples groups— were killed Tuesday in Lianga, Surigao del Sur. They were Emerito ‘Tatay Emok’ Samarca, Execu-

tive Director of the Alternative Learning Center for Agriculture and Livelihood Development (Alcadev) and former staff of Unyon sa Mag-uuma sa Agusan del Norte (UMAN-KMP); Dionel ‘Onel’ Campos, chairman of indigenous peoples’ group Malahutayong Pakigbisog Alang sa Sumusunod or the Persevering Struggle for the Next Generation (MAPASU); and, Aurelio ‘Bello’ Sinzo. Five others were killed by military soldiers in Bukidnon last August 18, according to Karapatan secretary general Cristina Palabay. The Mahagat Bagani has also intimidated residents of the community, forcing the evacuation of hundreds of families, mostly indigenous peoples. But Col. Isidro Purisima, com-

mander of the 402nd Infantry Brigade, said his command has been in tandem with the police to look into the killings to identify the perpetrators and arrest them. “We shall not let these criminals roam around and threaten the people. We will let them face the crimes they’ve committed,” Purisima said. “The government cannot turn a blind eye on this brutal, inhumane killing of development workers and activists advocating the rights of farmers and indigenous peoples.” Mariano said. “We call on all peace-loving Filipinos and the international community to press for the immediate dismantling of paramilitary groups, said Palabay. With Florante Solmerin

ILOILO CITY—Around 8,000 hectares of farmlands are under threat due to the forecast Super El Niño in the province of Iloilo. National Irrigation Administration (NIA) Engineering and Operations Division manager Engr. Jesus Datoon said the rainfall amount is expected to decrease by 20 to 60 percent, due to the phenomenon which is expected to start this month until June next year. The weather bureau said belownormal rainfall is predicted over Region 9 as well as the provinces of Palawan, Camarines Norte, Guimaras, Negros Island region, Central Visayas, Region 12 and ARMM except Cotabato and Lanao del Sur, respectively. In response, NIA is now working with the Department of Agriculture and the Provincial Agriculture Offices and Federation of Irrigators Association Inc., for alternative crops to rice. Aside from the dry spell, the repair of the Sta. Barbara Irrigation Dam starting in October will also cause suspension in the delivery of water particularly to the farms of Sta. Barbara, Pavia and Leganes until May next year which might affect more than 2,000 hectares of agricultural lands. In Zamboanga City, the Office of the City Agriculture is gearing up to mitigate the possible effects of El Niño and to adequately prepare farmers and fisherfolks for the dry spell in the city. City Agriculturist Diosdado Palacat said the Disaster Preparedness Plan 2016 (El Niño/La Niña), mitigation and adaptation plan, details responses to the dry spell. Measures include the provision of seeds for rehabilitation, crop protection facilities, pesticides, fisheries supply such as bangus fry and prawn fry, cloud seedling, and critical tools like drilling rigs and water pumps. Palacat said they are currently conducting continuous meeting and advocacy campaigns to inform and prepare farmers and fisherfolk for the possible dry spell. PNA

Butuan hospital faces criminal charge By Alvin T. Guanzon

Cargo. A farmer from Bagumbayan, Sultan Kudarat checks the cargo carried by his horse. Horses are popular means of transportation in the absence of good farm-to-market roads. AMIEL MARK CAGAYAN

BUTUAN CITY—The mother of the 10-year-old child who died after a hospital refused to admit her has filed criminal charges against the owner, president, doctor and two nurses of the Butian Doctor’s Hospital. Remedios Salarda Chan, accompanied by her husband Gregory, charged proprietor and President of Butuan Doctors Hospital, Dr. Mae Oco, nurses Jackie Lincuna and Marianita Gorme of violating Republic Act 8344, the law that penalizes hospitals and

clinics that refuse to administer initial medical treatment to patients. On July 15, 2014, the couple brought their daughter Yanna to said hospital. The child had been previously confined at the San Francisco Doctors Hospital in Agusan Del Sur. Butuan Doctors reportedly refused to admit the child because her parents could not make the P30,000 deposit for the pediatric intensive care unit. Despite the couple’s request, the hospital continued to refuse to admit the child, who later on died as she was being transported to Davao City.


T H U R S D AY : S E P T E M B E R 3 , 2 0 1 5

A8

OPINION

ADELLE CHUA EDITOR

lettertotheeditor@thestandard.com.ph

OPINION

VIEW FROM MALCOM ATTY. HARRY ROQUE JR.

LAUDE: NO DEAL!

[ EDI TORI A L ]

GRIM PROSPECTS THE more superstitious among us would attribute the occurrence of unfortunate events to the so-called Ghost Month. According to lore, during this time of the year, the gates of hell open and hungry ghosts roam the land of the living, spooking most things along their path. For 2015, the dreaded roaming falls between Aug. 14 and Sept. 12. A number of fearsome things have already taken place at this ominous time. The Philippine Stock Exchange composite index, for instance, dropped 6.7 percent in a single day on Aug. 24. This, when no less than President Aquino predicted just a few months ago that the index would breach the 10,000-point mark. Alas, the ghosts must be driving prices, and prospects, down. El Niño is hitting many parts of the country, causing damage to agriculture and threatening to disrupt the already volatile electricity situation. This weekend, members of a politically powerful religious sect flexed their muscles at the behest of their leaders, slamming the government for supposedly meddling in their affairs. The Iglesia knew where to hit, angering commuters and motorists by snarling traffic over several days. It was only after a top-level meeting was held that Iglesia leaders commanded their flock to go home. Those eyeing elective posts in next year’s elections pretend to be studying their options even as they merely bide time until the ghost month is over. They believe significant decisions must be put off until after the ghosts have safely returned to where they belong. When we are not sure whether to believe in something or not, we choose to tread carefully and believe anyway, saying “wala namang mawawala (nothing will be lost anyway).” These are fearsome times, all right. Contrary to superstition, however, other factors conspired to bring about these events. For example, the stock selloffs is a reaction to the slowing growth in China and its central bank’s devaluation of the yuan. El Niño is a natural phenomenon, made worse by accelerated global warming. The Iglesia crisis is the effect of the blurred lines between politics and religion. The caution in disclosing political plans is because everybody wants to see first what the others are going to do. On any given day, good things and bad things happen. What dominate the events are determined by the action and inaction of key players, usually months or years before the consequences are manifested. Misfortunes may be occasioned by external events, but a string of negative events may indicate a pattern that must be changed. How convenient it sounds to blame the bad things on the roaming ghosts. But weak leadership is not a matter of superstition. True leadership is based on a visionary approach, management logic and consistent implementation of laws and policies. Let’s do the ghosts a favor and leave them out of our mess.

LEILA FOR VP LOWDOWN JOJO A. ROBLES WE’VE all heard about Liberal Party presidential candidate Mar Roxas’ problems with finding a running mate. But I’ve been told that the latest person approached by the LP to run as Roxas’ vice president is none other than Justice Secretary Leila de Lima. De Lima entered the LP’s radar screen, quite understandably, because of the exposure she got during the recent Iglesia Ni Cristo rally-crisis. And because

the Roxas camp is resigned to the fact that it can no longer expect votes from the bloc-voting INC (because the church at this point would rather burn down its Central cathedral than back the candidate of President Noynoy Aquino), De Lima has suddenly become a “viable” LP candidate for vice president. The quotation marks are necessary because even the administration party really has no illusions that De Lima will actually win. But winning is not the true reason why the justice secretary will be taken in, assuming the party is able to make her agree to abandon her plans for the Senate

and run as Mar’s VP bet. I’m told that De Lima is being asked to run with Roxas because of her perceived power to split the all-important Bicolano vote, which is supposedly going to be the most important bloc of voters that will go for Senator Francis “Chiz” Escudero as vice president. In other words, the LP doesn’t want to make De Lima win as much as it wants Chiz to lose in his homeground, in order to stop the senator from becoming vice president next year. Because Escudero has become a traitor to daang matuwid (and because he “prevented” Grace Poe

A9

The LP doesn’t want to make De Lima win as much as it wants Chiz to lose in his homeground.

from joining Mar), he has been marked for execution by the Yellow horde; Chiz has got to be defeated. The LP plot to make Escudero lose by splitting the Bicol vote is also the motivation for drafting Camarines Sur Rep. Leni Robredo, the widow of Local Government Secretary Jesse Robredo. But when Robredo also turned down Roxas’ offer to run with him, the LP had to find another Bicolano candidate; Leila, the proud daughter of Iriga City, was it. Of course, you have to seriously question the sanity of the people who dreamed up this strategy of winning by making your rival lose, instead of working to win on your own. But if I had a peso for every crazy idea I

heard from those of the Yellow persuasion, Forbes would be seriously considering me for their “richest” list by now. *** I don’t know if the office of Ombudsman Conchita Carpio Morales is investigating President Noynoy Aquino and Budget Secretary Florencio Abad because it just wants to do its job without fear or favor. And I’m not entirely sold on the idea, propounded by Vice President Jejomar Binay, that the Ombudsman’s probe-Aquino announcement is a diversionary “drama” intended to draw

Published Monday to Sunday by Philippine Manila Standard Publishing Inc. at 6/F Universal Re Building, 106 Paseo de Roxas, corner Perea St., Legaspi Village, Makati City. Telephone numbers 832-5554, 832-5556, 832-5558 (connecting all departments), (Editorial), 832-5546, (Advertising), 832-

fire away from the administration in the wake of the INC rally-crisis. But I am inclined to believe that Morales is really peeved, as this newspaper has reported, about a Malacañang order to the Ombudsman’s office putting a P2million cap on the amount that it can spend from the P4-million or so that it earns annually from clearance fees. When Aquino and Abad touched Morales’ discretionary funds, I think they hit her where it really hurts. I’m reminded of a story related by friends over at the Supreme Court who

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wanted to explain why Morales wanted so badly to get her former boss, Chief Justice Renato Corona, convicted by the Senate sitting as an impeachment court three years ago. I think this little tale also sheds light on why Morales is willing to take on both Aquino and Abad simply because they dared touch her P4-million clearance collection stash, which is used by her office as an “intelligence fund.” According to the story, Morales was about to retire from the high court when Corona ascended to the position Continued on A11

MST Management, Inc. Philip G. Romualdez Arnold C. Liong Former Chief Justice Reynato S. Puno Jocelyn F. Domingo Ron Ryan S. Buguis

Chairman President & Chief Executive Officer Board Member & Chief Legal Adviser Director of Operations Finance Officer

Ma. Isabel “Gina” P. Verzosa Head, Advertising Solutions Anita F. Grefal Treasury Manager Edgar M. Valmorida Circulation Manager

I WAS shocked when Noli De Castro woke me up last Monday to inquire if there was truth to a newspaper report that the Laude family had asked for P36 million and six US visas as settlement for the murder case against Joseph Scott Pemberton. Pemberton had rested his case last Tuesday with the presentation of his third and last witness, Dr. Raquel Fortun. The defense asked and was granted time to file their written offer of evidence and the prosecution was give an even time to comment thereto. Thereafter, the court granted what really is an optional oral summation on September 14 and set the promulgation of the case on December 14. I was shocked because with the defense resting their case, it is now a legal impossibility for the family to accept a settlement, even if it wants to. Unlike the previous case of “Nicole” for rape, which could legally be settled, the case versus Pemberton is for murder and can no longer be settled after plea-bargaining because murder is a felony committed against the state. I do concede that the practice in reality is different from the theory. Criminal cases are settled all the time with private complainants executing affidavits of desistance claiming that the filing of the case was due to a “misunderstanding”. Such was the case with “Nicole” who even belied the fact that she was raped. Naturally, the prosecutors would be compelled to move for dismissal, but not because of the settlement. The ground would be in the absence of a complainant; there would be an impossibility to prosecute. The exceptions to the prohibition on settlement in criminal cases are private crimes such as rape, which can even be settled if the accused should marry the offended party; and “quasi-crimes”, because they are felonies committed not because of criminal intent but because of recklessness or negligence. Murder, I reiterate, cannot be settled beyond the plea bargain stage. Even the Rules of Court provision on plea bargain is new. It was not in existence 25 years ago when I was in law school. The rule against compromising criminal cases was absolute when I took up my criminal procedure under the late Justice Serafin Cuevas. I supposed it was introduced as a means of facilitating settlements but subject to the concurrence of two conditions: one, the private complainant must consent, and two, there must be a plea to a lesser offense. The latter condition means that the accused must be convicted of a crime despite the extinguishment of the civil liability. I am not unmindful that as a private prosecutor, I could suffer the same fate as my law school classmate Evalyn Ursua, private prosecutor for “Nicole”. One fine day, Evalyn found herself fired by Nicole Continued on A11 Rolando G. Estabillo Jojo A. Robles Ramonchito L. Tomeldan Chin Wong/Ray S. Eñano Francis Lagniton Joyce Pangco Pañares Adelle Chua Romel J. Mendez Roberto Cabrera

Publisher Editor-in-Chief Managing Editor Associate Editors News Editor City Editor Senior Deskman Art Director Chief Photographer

Emil P. Jurado Chairman Emeritus, Editiorial Board


T H U R S D AY : S E P T E M B E R 3 , 2 0 1 5

A8

OPINION

ADELLE CHUA EDITOR

lettertotheeditor@thestandard.com.ph

OPINION

VIEW FROM MALCOM ATTY. HARRY ROQUE JR.

LAUDE: NO DEAL!

[ EDI TORI A L ]

GRIM PROSPECTS THE more superstitious among us would attribute the occurrence of unfortunate events to the so-called Ghost Month. According to lore, during this time of the year, the gates of hell open and hungry ghosts roam the land of the living, spooking most things along their path. For 2015, the dreaded roaming falls between Aug. 14 and Sept. 12. A number of fearsome things have already taken place at this ominous time. The Philippine Stock Exchange composite index, for instance, dropped 6.7 percent in a single day on Aug. 24. This, when no less than President Aquino predicted just a few months ago that the index would breach the 10,000-point mark. Alas, the ghosts must be driving prices, and prospects, down. El Niño is hitting many parts of the country, causing damage to agriculture and threatening to disrupt the already volatile electricity situation. This weekend, members of a politically powerful religious sect flexed their muscles at the behest of their leaders, slamming the government for supposedly meddling in their affairs. The Iglesia knew where to hit, angering commuters and motorists by snarling traffic over several days. It was only after a top-level meeting was held that Iglesia leaders commanded their flock to go home. Those eyeing elective posts in next year’s elections pretend to be studying their options even as they merely bide time until the ghost month is over. They believe significant decisions must be put off until after the ghosts have safely returned to where they belong. When we are not sure whether to believe in something or not, we choose to tread carefully and believe anyway, saying “wala namang mawawala (nothing will be lost anyway).” These are fearsome times, all right. Contrary to superstition, however, other factors conspired to bring about these events. For example, the stock selloffs is a reaction to the slowing growth in China and its central bank’s devaluation of the yuan. El Niño is a natural phenomenon, made worse by accelerated global warming. The Iglesia crisis is the effect of the blurred lines between politics and religion. The caution in disclosing political plans is because everybody wants to see first what the others are going to do. On any given day, good things and bad things happen. What dominate the events are determined by the action and inaction of key players, usually months or years before the consequences are manifested. Misfortunes may be occasioned by external events, but a string of negative events may indicate a pattern that must be changed. How convenient it sounds to blame the bad things on the roaming ghosts. But weak leadership is not a matter of superstition. True leadership is based on a visionary approach, management logic and consistent implementation of laws and policies. Let’s do the ghosts a favor and leave them out of our mess.

LEILA FOR VP LOWDOWN JOJO A. ROBLES WE’VE all heard about Liberal Party presidential candidate Mar Roxas’ problems with finding a running mate. But I’ve been told that the latest person approached by the LP to run as Roxas’ vice president is none other than Justice Secretary Leila de Lima. De Lima entered the LP’s radar screen, quite understandably, because of the exposure she got during the recent Iglesia Ni Cristo rally-crisis. And because

the Roxas camp is resigned to the fact that it can no longer expect votes from the bloc-voting INC (because the church at this point would rather burn down its Central cathedral than back the candidate of President Noynoy Aquino), De Lima has suddenly become a “viable” LP candidate for vice president. The quotation marks are necessary because even the administration party really has no illusions that De Lima will actually win. But winning is not the true reason why the justice secretary will be taken in, assuming the party is able to make her agree to abandon her plans for the Senate

and run as Mar’s VP bet. I’m told that De Lima is being asked to run with Roxas because of her perceived power to split the all-important Bicolano vote, which is supposedly going to be the most important bloc of voters that will go for Senator Francis “Chiz” Escudero as vice president. In other words, the LP doesn’t want to make De Lima win as much as it wants Chiz to lose in his homeground, in order to stop the senator from becoming vice president next year. Because Escudero has become a traitor to daang matuwid (and because he “prevented” Grace Poe

A9

The LP doesn’t want to make De Lima win as much as it wants Chiz to lose in his homeground.

from joining Mar), he has been marked for execution by the Yellow horde; Chiz has got to be defeated. The LP plot to make Escudero lose by splitting the Bicol vote is also the motivation for drafting Camarines Sur Rep. Leni Robredo, the widow of Local Government Secretary Jesse Robredo. But when Robredo also turned down Roxas’ offer to run with him, the LP had to find another Bicolano candidate; Leila, the proud daughter of Iriga City, was it. Of course, you have to seriously question the sanity of the people who dreamed up this strategy of winning by making your rival lose, instead of working to win on your own. But if I had a peso for every crazy idea I

heard from those of the Yellow persuasion, Forbes would be seriously considering me for their “richest” list by now. *** I don’t know if the office of Ombudsman Conchita Carpio Morales is investigating President Noynoy Aquino and Budget Secretary Florencio Abad because it just wants to do its job without fear or favor. And I’m not entirely sold on the idea, propounded by Vice President Jejomar Binay, that the Ombudsman’s probe-Aquino announcement is a diversionary “drama” intended to draw

Published Monday to Sunday by Philippine Manila Standard Publishing Inc. at 6/F Universal Re Building, 106 Paseo de Roxas, corner Perea St., Legaspi Village, Makati City. Telephone numbers 832-5554, 832-5556, 832-5558 (connecting all departments), (Editorial), 832-5546, (Advertising), 832-

fire away from the administration in the wake of the INC rally-crisis. But I am inclined to believe that Morales is really peeved, as this newspaper has reported, about a Malacañang order to the Ombudsman’s office putting a P2million cap on the amount that it can spend from the P4-million or so that it earns annually from clearance fees. When Aquino and Abad touched Morales’ discretionary funds, I think they hit her where it really hurts. I’m reminded of a story related by friends over at the Supreme Court who

5550. P.O. Box 2933, Manila Central Post Office, Manila. Website: www. manilastandardtoday.com E-mail: contact@thestandard.com.ph

MST ONLINE

can be accessed at: www.manilastandardtoday.com

MEMBER

PPI

Philippine Press Institute The National Association of Philippine Newspapers

wanted to explain why Morales wanted so badly to get her former boss, Chief Justice Renato Corona, convicted by the Senate sitting as an impeachment court three years ago. I think this little tale also sheds light on why Morales is willing to take on both Aquino and Abad simply because they dared touch her P4-million clearance collection stash, which is used by her office as an “intelligence fund.” According to the story, Morales was about to retire from the high court when Corona ascended to the position Continued on A11

MST Management, Inc. Philip G. Romualdez Arnold C. Liong Former Chief Justice Reynato S. Puno Jocelyn F. Domingo Ron Ryan S. Buguis

Chairman President & Chief Executive Officer Board Member & Chief Legal Adviser Director of Operations Finance Officer

Ma. Isabel “Gina” P. Verzosa Head, Advertising Solutions Anita F. Grefal Treasury Manager Edgar M. Valmorida Circulation Manager

I WAS shocked when Noli De Castro woke me up last Monday to inquire if there was truth to a newspaper report that the Laude family had asked for P36 million and six US visas as settlement for the murder case against Joseph Scott Pemberton. Pemberton had rested his case last Tuesday with the presentation of his third and last witness, Dr. Raquel Fortun. The defense asked and was granted time to file their written offer of evidence and the prosecution was give an even time to comment thereto. Thereafter, the court granted what really is an optional oral summation on September 14 and set the promulgation of the case on December 14. I was shocked because with the defense resting their case, it is now a legal impossibility for the family to accept a settlement, even if it wants to. Unlike the previous case of “Nicole” for rape, which could legally be settled, the case versus Pemberton is for murder and can no longer be settled after plea-bargaining because murder is a felony committed against the state. I do concede that the practice in reality is different from the theory. Criminal cases are settled all the time with private complainants executing affidavits of desistance claiming that the filing of the case was due to a “misunderstanding”. Such was the case with “Nicole” who even belied the fact that she was raped. Naturally, the prosecutors would be compelled to move for dismissal, but not because of the settlement. The ground would be in the absence of a complainant; there would be an impossibility to prosecute. The exceptions to the prohibition on settlement in criminal cases are private crimes such as rape, which can even be settled if the accused should marry the offended party; and “quasi-crimes”, because they are felonies committed not because of criminal intent but because of recklessness or negligence. Murder, I reiterate, cannot be settled beyond the plea bargain stage. Even the Rules of Court provision on plea bargain is new. It was not in existence 25 years ago when I was in law school. The rule against compromising criminal cases was absolute when I took up my criminal procedure under the late Justice Serafin Cuevas. I supposed it was introduced as a means of facilitating settlements but subject to the concurrence of two conditions: one, the private complainant must consent, and two, there must be a plea to a lesser offense. The latter condition means that the accused must be convicted of a crime despite the extinguishment of the civil liability. I am not unmindful that as a private prosecutor, I could suffer the same fate as my law school classmate Evalyn Ursua, private prosecutor for “Nicole”. One fine day, Evalyn found herself fired by Nicole Continued on A11 Rolando G. Estabillo Jojo A. Robles Ramonchito L. Tomeldan Chin Wong/Ray S. Eñano Francis Lagniton Joyce Pangco Pañares Adelle Chua Romel J. Mendez Roberto Cabrera

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Emil P. Jurado Chairman Emeritus, Editiorial Board


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OPINION lettertotheeditor@thestandard.com.ph

UNPAID CUSTOMS PERSONNEL TO THE POINT EMIL P. JURADO

I WAS disturbed when I heard Justice Secretary Leila de Lima say over television that she would no longer talk to media about what happened during that meeting last Sunday with Iglesia ni Cristo leaders. That meeting lasted past midnight. According to De Lima, she did not want to be misquoted. She did not want her statement getting distorted by the media. Santa Banana, that was an insult on the credibility of media. De Lima was just a nobody, a chairperson of the Human Rights Commissions and an election lawyer before President Aquino picked her up from nowhere to be his attack dog. Where would De Lima be if media were to boycott her? She is an ingrate. Remember that when she runs for the Senate in 2016. *** Many things have been said about President Aquino for his lack of empathy and sensitivity to the poor and the aggrieved, and the utter ineptitude, incompetence of the administration, and about their brand of selective justice. Until now, justice has eluded the relatives of the Fallen 44, Yolanda survivors are still living in tents and bunkhouses, and refugees in that Zamboanga City standoff between government forces and the Misuari-led Moro National Liberation Front are still waiting for promises given them. Some of them in fact are still living miserably at a sports stadium. These are the things we will remember President Aquino for when he steps down in June 2016. Aside from these, some 900 Customs employees—some of whom have since died and retired— still have to receive their overtime pay and transportation and meal allowances. This, after they have worked beyond the eight-hour-a-day requirement to provide inbound and outbound services to

domestic and foreign airlines. Let me refresh your memory: On Feb. 6, 2006, the Bureau of Customs issued a Customs Administrative Order which increased the overtime pay and allowances rates of Naia Customs personnel from P25 per US$1 to P55 per US$1. Before that, following the practice of other airports in other countries, airlines have been paying the overtime and allowance of Customs, Immigration and Quarantine personnel religiously. The Board of Airline Representatives objected to the increase, and requested the Finance Department to defer the implementation of the Customs request. The DOF denied the BAR demand which compelled the DAR to elevate the case to the Office of the President. But the Office

This has gone on for too long.

of the President dismissed the DAR appeal. Thus, the DAR elevated the case to the Court of Appeals, citing double compensation since Customs airport personnel were already getting their pay from Customs. When the Appellate Court decided the case in favor of the airlines, the case was elevated to the Supreme Court. On Sept. 14, 2011, the Supreme Court decided in the case of Office of the President et al, vs Board of Airline Representatives. It upheld the validity of the Customs Administrative Order, citing a provision of the Customs and Tariff Code of the Philippine mandating such payment. The Office of the Solicitor General was cited for this Court decision. The decision became final and executory on Jan. 11, 2012.

THE ODD-AND-EVEN SCHEME DUTY CALLS FLORENCIO FIANZA IMPLEMENTING the odd and even traffic scheme to substantially reduce the number of vehicles on the road as suggested by the President is too drastic a measure especially if this is meant as a permanent solution to the traffic problem in the metro area. President Aquino’s plan aims to take out 50 percent of vehicles off the road, which will undoubtedly reduce vehicles a lot more than the 20 percent that the current vehicle reduction program is doing, will also cause a lot of disruption to the lives of all motorists. And before the plan could go any further, there are already a lot of protests. But is the odd and even scheme such a terrible idea? In the late 1990s when there were a lot of simultaneous construction projects going on in Metro Manila like the MRT 1 and 2 together with portions of C-5, this scheme was proposed as a temporary relief measure to the traffic congestion created by the public works projects. The plan was shelved after much objection from the public even if it was shown during the trial period that the scheme could work. The plan is not a revolutionary measure to alleviate traffic congestion or other problems. If there is too much smog caused by vehicles, the odd and even scheme could be implemented for several The airlines, however, have refused to follow the Supreme Court. Instead of paying, they requested from Customs that the amounts to be paid should cover only from March 16, 2005 to Dec. 31, 2010, and that such amount should be reduced by 20 percent. They claimed there were duplicate charges by Customs in its invoices. Ironically, Immigration overtime and allowances were paid. Up to this day, the BAR led by Philippine Airlines has been promising payment, but that has been four years. The estimated amount the airlines should pay to Naia Customs personnel was placed at P1.7 billion, but not a single centavo has been paid to

days until the smog clears up. It could also be implemented in portions of the metro area where there are road projects that are going on like the international airport area. The scheme is not, however, suggested for very long periods because the public cannot be expected to simply go along with it. If the government is bent on a more drastic reduction of vehicles, the current program could be modified and increased to 30 percent instead of the current 20 percent. But even this needs careful planning whether to implement it along certain roads or throughout the metro area. Whatever step is taken, careful study is needed so that the public will be apprised of the rationale behind the project. Whether the President’s idea will be implemented or not, we will have to wait. A lot of consideration will have to be given to weigh all the consequences of such a radical plan. In the meantime, our traffic authorities are shifting their attention to Edsa. As I have written in the past, Edsa is considered the main theater of operations when it comes to traffic in the metro area. Keep the vehicles moving along Edsa and the people will think that the traffic in the whole NCR has improved. The government has identified so-called choke points and the intention is to keep these choke points clear. Ergo, traffic will flow smoothly. I doubt this. More has to be done to improve some 900 Customs personnel. What is sad is that the Finance Department and the Bureau of Customs have since done away with the practice of overtime of airport personnel and have recruited people to the tune of more than P1 billion. Santa Banana, this is doubly tragic for the unpaid Customs personnel. Why cannot Finance Secretary Cesar Purisima and Customs Commissioners from the time of Lito Alvarez, Ruffy Biazon, John Philip Sevilla and now Bert Lina compel the airlines to pay their employees who rendered overtime? Why can’t they compel the airlines, especially PAL which heads the BAR, to protect their own

the traffic flow along Edsa. The Highway Patrol Group has now been given the principal responsibility of enforcing traffic regulations along Edsa, with the MMDA assisting it. Edsa on closer look, is a through-traffic road which means that since there are no traffic lights along intersections there is really no reason why traffic cannot move continuously. But the cause of much congestion along Edsa is not only the heavy volume of vehicles. It’s also driver behavior. Much of the traffic misery is self-inflicted. Jeepneys, taxi cabs and buses compete for passengers in the MRT stations, congesting the road. The U-turn slot is also a big culprit. In traffic engineering, U-turn slots are allowed along major thoroughfares to allow a very small portion of vehicular traffic to go back. A U-turn slot is not intended to divert all the vehicles to execute a Uturn just to remove a conflict point. This is simply not done. Besides, there are a lot of other things that has to be done on Edsa which in a way has now become a traffic laboratory. It is a showcase of the inability of government to plan and implement traffic programs. There is now rail transport all along the stretch of Edsa. Yet, thousands of buses are allowed to operate like jeepneys and the number of jeepneys plying the road is also increasing. Lately, tricycles are beginning to invade parts of Edsa, like Balint-

awak. Also, we have the MMDA Chairman concentrating on his Senate run instead of burning the midnight oil to try to alleviate the traffic. Chairman Tolentino has been using the TV to advertise earthquake drills with him all over the place. Does he really think that the public is so stupid not to read his real intentions? The traffic on Edsa also shows the lack of coordination between land transportation agencies when it comes to planning. These agencies must plan together so that public transportation along Edsa could be rationalized. The number of buses could certainly be reduced. But this can only be done scientifically and only if MMDA can start doing an origin and destination study on Edsa. But it has never done this for reasons only known to themselves. If the MMDA does not have the technical know to do this, there are others that can be tapped to undertake the study like the UP traffic and transport center. If this is not done, traffic authorities will not be able to improve travel time no matter what they do. Edsa will continue to be the busiest and most polluted highway in the country. There has to be a rationalization of the vehicles that will be allowed to use this highway. Unfortunately, our traffic and transport authorities do not seem to know where to begin.

Customs personnel? Whom are they working for, anyway? In so many columns, I have written about this. But nothing has happened. *** So, Malacañang has directed the PNP Highway Patrol Group to manage Metro Manila’s traffic nightmare, in tandem with the Metro Manila Development Authority. I have doubts that the HPG can do better than MMDA Chairman Francis Tolentino. What Metro Manila needs is the “3 Es”—education of drivers, who are mostly uneducated; engineering, which is currently needed to build more highways and even a subway and lastly, enforcement,

which means disciplining of drivers and commuters. Santa Banana, there are just too many vehicles plying Metro’s streets! With the 3Es, however, it is still possible to make Edsa and other thoroughfares more bearable and save the country of P6 billion lost in productive hours everyday. The proposed odd-even plan is anti-poor. Only the rich can afford two or more cars. What does Secretary Jun Abaya of the Transportation Department care since he has several cars, much less the President? There are so many traffic management plans, but they would take some time to achieve. Why can’t Malacañang engage experts to solve this?


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OPINION lettertotheeditor@thestandard.com.ph

CONTENDING WITH EL NIÑO THE government has alerted the public to prepare for the effects of a much prolonged and stronger dry spell brought about an intensified El Niño. Climate Monitoring and Prediction Chief Anthony Lucero of the Philippine Atmospheric, Geophysical and Astronomical Services Administration has declared that it’s bound to get warmer and drier in the coming months due to the ongoing El Niño which, he added, may turn out to be one of the strongest, if not the strongest in the history of the country. Pagasa said more than half of the country will suffer from the dry spell as it predicts a substantial amount of reduced rainfall reaching about 60 to 80 percent as the El Niño progresses. This is expected to significantly affect not only the regular water supply of our communities, but also the power

supply in areas dependent on hydro-electric power plants, as well as irrigation for farms and water for consumers. Science Secretary Mario Montejo has also stated earlier that the dry spell and the ensuing drought conditions will hit many provinces in the country, even as he assured the public that food security and health measures are in place to fight the El Niño phenomenon. Thirty-two provinces are projected to be affected by the dry spell from August to November 2015, while drought-affected provinces towards the end of the year have been identified as Albay, Batangas, Cavite, Masbate, and Sorsogon in Luzon; Bohol, Negros Oriental, and Southern Leyte in the Visayas as well as Basilan, Maguindanao, Sarangani, South Cotabato, Sultan Kudarat and Sulu in Mindanao. Pagasa

MINORITY REPORT DANILO SUAREZ data showed that Quezon, Rizal, and Romblon provinces, the Visayas’ Capiz, Guimaras, and Negros Occidental provinces, and Mindanao’s Zamboanga del Norte and Zamboanga del Sur provinces are already under the dry spell. Reports say that there is a 90-percent chance that the El Niño will persist throughout the first quarter of 2016 and a 70-percent chance that it may even last until beginning the second semester of the coming year. The country’s weather bureau has also predicted that by February 2016, 65 of the Philippines’ 81 provinces are expected to experience drought. The strongest bout with El Niño that the country has experienced to date is the one that

occurred in 1997-1998, where the country suffered water and food shortages as 70 percent of the country experienced severe drought. Resulting damage to the agricultural sector reached P8.46 billion as nearly 74,000 hectares of agricultural land in 18 provinces were affected by the dry spell. Data cited by the Department of Agriculture showed that during the interim, the country’s rice and corn production during the first half of 1998 went down 27 percent and 44 percent, respectively. Definitely, a multiagency response is needed to prepare strategies to mitigate the adverse impact of El Niño. The early warning is therefore very much appreciated because it affords concerned agencies the chance to prepare. We call special attention to

the Department of Environment and Natural Resources. They should stop giving permits under the IFMA and for charcoal makers. Already, the aerial view of the Sierra Madre clearly shows that large areas of the range have been denuded because of charcoal makers. This was particularly pronounced along the sides spanning Laguna, Bulacan and Rizal. This is alarming since the Sierra Madre range is considered a watershed which provides and protects sources of water for much of the National Capital Region and surrounding provinces. We should also improve the capability of Local Government Units to implement and improve Small Water Impounding Programs. This will ensure that whatever scarce rainfall is saved and put to good use like irrigation and for households.

WAS BLIND, BUT NOW I SEE POP GOES THE WORLD JENNY ORTUOSTE THE rally against Justice Secretary Leila de Lima held by thousands of Iglesia ni Cristo members last weekend on Edsa was illuminating because it showed in a greater light the political power that their group wields in this country. The INC objected to De Lima’s investigation into a defrocked INC minister’s claims of abduction and other maltreatment at the hands of members of the church, in relation to internal squabbles. The church exhorted its members to block Edsa in nothing less than a show of force, crying “separation of Church and State,” saying that the government should not meddle in what they said was an internal problem. Their three-day campout not only turned that particular stretch of Edsa into a dumpster and a toilet, it also turned a huge part of society against them. The fallout effects from their protest action continue to pile up. The INC rally showed that their church is just like any other large, organized group involving itself

Leila... From A9 of highest magistrate of the land. At the time, the Supreme Court had a long-standing tradition of gifting retiring justices with a P1-million “party

national politics in order to preserve and promote its own selfinterests. Many from the INC—leaders as well as followers—made implied threats that unless de Lima resigns, they would use their bloc voting power against her (she is running for senator next year) and others in the present administration. The INC is said to control the votes of 1.3-million members. Bloc voting can be considered a manipulation of the affairs of state. How can they then claim protection under the banner of “separation of Church and State” when they themselves flout it? The INC also showed their inconsistency by reversing a wellknown stricture against their members joining mass actions. Their staging one to further their own ends is a contradiction of what they’ve stood for until now. It’s obvious that instructions, as in this case, that have reified into usage may be dissolved as needed; showing that religion, like any human activity, is a social construct. In other words, we make it all up as we go along, creating what we think we need, discarding what we don’t, or what doesn’t serve our ends as we have defined them. The tendency to do this holds

fund” that they could use any way they saw fit. Usually, retiring magistrates used the money to throw a lavish going-away party for their friends and family at an expensive restaurant. Sometimes, they

true of course not only for the INC, but for other religions as well, including the Roman Catholic Church (seen in its opposition to the Reproductive Health bill, for instance), and for other special interest groups such as big business. Art. II, Sec. 6 of the Philippine Constitution (1987) states simply: “The separation of Church and State shall be inviolable.” That last word, according to Google, means “never to be broken, infringed, or dishonored.” But what does it mean, really? The discourse on this is ongoing, against showing in real-time how society is constructing its meaning of this concept. Some legal minds say that it refers to the freedom of practice of religion, and that no one shall be persecuted nor discriminated against for their faith. But does it also mean a church and its members are beyond the law? That it can order its members to the streets to object against the investigation of a legal complaint filed against some of its members? That it can inconvenience countless others and cause the loss of productivity and hundreds of millions in estimated economic losses? That it can pressure government to accede to its demands?

spent it on a pricey watch or to pay for a round-theworld tour. Anyway, upon Corona’s assumption as chief justice, one of the first things he supposedly did was to slash the P1-million

Is this reasonable? Is this righteous? The INC rally is also making us think about religious power being leveraged into political power that exerts such a great influence that many politicians made conciliatory gestures to the INC. These politicians have now slipped in the estimation of the voting public; they will now be hard-pressed to reverse the public’s negative perception of them. Politicians, and government in general, bent over backward to accommodate the INC rally. There were no police dispersing the rallyists. If they had been farmers or leftists on the march, would they even have been allowed to reach Edsa? Most likely, as we’ve seen in the past, they would have been greeted by police carrying shields, batons, and water hoses. Is this fair? If anything, the INC rally opened up our eyes. Now we are no longer blind to the political power they wield. Now we know who the politicians are who will curry favor with them to gain that bloc vote. Now we see. *** Facebook: Jenny Ortuoste, Twitter: @jennyortuoste, Instagram: @ jensdecember, Blog: http://jennyo.net

“pabaon” to P500,000. And Morales, who was the first justice who would be affected by the order (and who had apparently already been planning what she would do with her going-away present)

took deep umbrage. And when Morales was appointed Ombudsman by Aquino, she saw her chance to get back at Corona. And the rest is Senate impeachment history.

Laude... From A9 and substituted by another lawyer who signed the affidavit of desistance together with “Nicole”. The possibility is even more pronounced since we have the same City Prosecutor as in the Nicole case; and worse, the counsel of Smith is now Undersecretary of Justice designated as in-charge of the Laude prosecution. The difference though is Jennifer is dead and cannot sign an affidavit of desistance. Moreover, unlike Evalyn who, as our class valedictorian, is far more reserved and academic in her actuations than me; I will be very clear: I will move for the disbarment for any lawyer, private or public, who will talk directly to my clients for any compromise of the Laude case. If Evalyn was more reserved in the manner by which she dealt with the counsels of Smith, expect no such reservations for me. I will scream and kick and will give any such unethical lawyer what they truly deserve: to be purged from the roll of attorneys. *** On another issue, I was not surprised that the Iglesia ni Cristo ended their five days of mass protest after “they have come to terms with government”. I was vocal against what I saw was a violation of their freedom of religion precisely because I was sure that a terribly unpopular administration would have to strong-arm the Iglesia into supporting its slate in the upcoming 2016 elections. I am sure that Mar Roxas and Leila De Lima got what they wanted. I do not take this decision against the INC. I completely understand their predicament. The guarantee against state interference in church affairs exists precisely because governments will always attempt to infringe on it. I am only hoping that after 2016, the INC can call it quits with PNoy and his cohorts and can join the nation in henceforth demanding accountability and good governance from the future government. Had PNoy’s cohorts allowed the legal system to work, the issue that should have been resolved by the Court is whether the internal disciplinary procedures of the INC was consented to by one of its high-ranking ministers and hence, covered by the principle of benevolent neutrality. As it stands, PNoy’s machinations deprived us of what could have been another important INC contribution to our jurisprudence on freedom of religion.


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cesar barrioquinto EDITOR

Migrants threaten Europe’s borders BRUSSELS—Europe’s cherished system of borderless travel is increasingly at risk as countries grapple with record numbers of refugees and migrants clamoring to enter their territory, officials and analysts say. German Chancellor Angela Merkel issued an unusually sober warning this week that the passport-free Schengen zone of 26 countries—hailed as a European success story—was under threat. With Hungary sealing off its main railway station on Tuesday to stop asylum-seekers moving across the European Union, observers fear the genie is out of the bottle and other countries will restore internal borders to curb the flow of humanity. “If Europe does not take steps as a whole, the current situation is worrying for free movement at the heart of the EU,” Matthieu Tardis, a migration expert based in Paris, told AFP. “Calling Schengen into question is a risk because each state deals with the issue in a very national way based on public opinion -- and in the end what is called into question is the crossing of national borders.” Since its creation in 1995, the Schengen area—named after a border town in Luxembourg—has abolished passport controls for travel between 22 EU countries and non-EU Norway, Switzerland, Iceland and Liechtenstein. Supporters say Schengen has been a boon for Europe’s single market, slashing costs by doing away with armies of border bureaucrats and sweeping away psychological barriers among Europeans. But the system is now creaking under the pressure of the biggest refugee crisis since World War II, as people from Syria, Afghanistan and Africa flood into Europe seeking refuge from war and repression. EU rules say the country where a refugee first arrives must process their asylum claim. But after Germany said last week it would waive those rules for Syrians, there has been a flood of people trying to travel through the EU to get there, and confusion about how migration rules and Schengen overlap. That in turn is placing huge strain on Hungary, where police blocked hundreds of migrants from boarding trains to Western Europe from Budapest’s main rail station on Tuesday. AFP

WORLD

editorial@thestandard.com.ph

‘Drug-taking IS fighters operating slave market’ PA R I S — Ki dn ap p e d , beaten, sold and raped: the Islamic State group is running an international market in Iraq where Christian and Yazidi women are sold as sexual slaves, a teenager who escaped told AFP Tuesday.

Shearers wanted. This undated handout photo obtained on September 2, 2015, from the RSPCA shows a giant woolly sheep on the outskirts of Canberra as Australian animal welfare officers put out an urgent appeal for shearers after finding the sheep with wool so overgrown its life was in danger. The very woolly merino sheep was spotted wandering on its own near Mulligan Flats, a grassy woodland just outside the capital Canberra, by bushwalkers who alerted local RSPCA officers. AFP

Hongkongers fight to save their beloved trams HONG KONG—A controversial new proposal to take Hong Kong’s beloved trams off the streets has sparked a wave of anger from residents who fear losing track of the city’s past. Known as “ding-dings” for the sound of their bells, trams have served the northern coastline of the city’s main island for more than 110 years and still carry around 200,000 passengers a day. As development changes the face of the city, sweeping away many of its historic landmarks, trams have survived in the face of growing com-

petition from buses and the modern MTR metro system. But a recent proposal to scrap part of the network has renewed fears that this unique piece of heritage is also under threat. Thousands signed petitions against the suggestion that the tram service be removed from the main financial district of Central. The proposal was put forward to the government’s official town planning body by consultant Sit Kwokkeung, a former planner, who argues that it is too slow, blocks traffic and is unnecessary as the MTR expands.

The retired civil servant said putting the idea forward for debate is his “right and responsibility”. “The tramway takes up a significant portion of the road. Its efficiency is rather low... I am trying to make Hong Kong transportation more efficient,” he told AFP. The planning body will discuss the proposal in October, but the Hong Kong government has sought to reassure the traveling public by saying it had no plans to remove the trams. But unease remains. “Public sentiment is strongly

against this idea,” activist Kwong Sum-yin, who is leading the “Save The Trams” campaign, told AFP. “Trams are forward-looking as a form of zero-emission transport when the world is talking about sustainability.” Kwong’s group, the Clean Air Network, is instead proposing a car-free zone in Central to ease congestion and make way for more trams to run. “We are losing our history. That’s why Hong Kong people don’t want to see one more thing to go,” Kwong said. AFP

Jinan, 18, a Yazidi, was captured in early 2014 and held by IS jihadists for three months before she managed to flee, she said on a visit to Paris ahead of the publication Friday of a book about her ordeal. Seized as IS fighters swept through the northern regions inhabited by the Yazidi religious minority, Jinan was moved around between several locations before being bought by two men, a former policeman and an imam. She described to AFP how she and other Yazidi prisoners were locked up in a house. “They tortured us, tried to forcefully convert us. If we refused we were beaten, chained outdoors in the sun, forced to drink water with dead mice in it. Sometimes they threatened to torture us with electricity,” she said. “These men are not human. They only think of death, killing. They take drugs constantly. They seek vengeance against everyone. They say that one day the Islamic State will rule over the whole world.” In the book, Jinan describes how once, in Mosul, she was led into “a massive reception hall with large columns ... dozens of women were gathered there.” “The fighters circulated among us, laughing raucously, pinching our backsides,” she writes in “Daesh’s Slave”, using an Arabic acronym for the jihadist group. She said one man complained, saying: “That one has big breasts. But I want a Yazidi with blue eyes and pale skin. Those are the best apparently. I am willing to pay the price.” During such “slave markets” she saw Iraqis and Syrians but also Westerners whose nationality she could not discern. The best-looking girls were reserved for the bosses or wealthy clients from the Gulf nations. Once she was sold, Jinan’s days were punctuated by men’s visits to the house where she was imprisoned with other women. Fighters came to make their purchases in the foyer where traders acted as intermediaries between the slave owners and emirs who inspected the “livestock”, Jinan wrote in the book, which was written with the help of French journalist Thierry Oberle. “I will exchange your Beretta pistol for the brunette,” said one of the traders. “If you prefer to pay cash it is $150 (133 euros). You can also pay in Iraqi dinars.” Convinced that she did not speak Arabic, Janin’s two owners spoke freely in front of her and one night she heard a conversation revealing the extent to which the slave trade is run like a business. AFP


S LK A R S NGAPORE PR VATE L M TED COND T ONS OF CARR AGE ARTICLE 1. DEFINITIONS. Para. 1. In these Conditions, except where the context otherwise requires or where it is otherwise expressly provided, the following expressions have the meanings respectively assigned to them, that is to say: Agreed Stopping Places, for the purposes of the Convention and of these Conditions, (which may be altered by Carrier in accordance with Article 10) means those places, except the place of departure and the place of destination, set forth in the ticket or as shown in Carrier’s timetables as scheduled stopping places on the passenger’s route. Authorised Agent means a passenger sales agent who has been appointed by Carrier to represent the Carrier in the sale of air passengers transportation over the services of the Carrier and, when authorised, over the services of other air carriers. Baggage means such articles, effects and other personal property of a passenger as are necessary or appropriate for his wear, use, comfort or convenience in connection with the trip. Unless otherwise specified, it shall include both checked and unchecked baggage of the passenger. Baggage Check means those portions of the ticket which relate to the carriage of passenger’s checked baggage. Baggage Identification Tag means a document issued by Carrier solely for identification of checked baggage. Banning Notice means a written notice given to a person by Carrier informing him that he is banned from travelling on all of Carrier’s flights. Carrier includes the air carrier issuing the ticket and all air carriers that carry or undertake to carry the passenger and/or his baggage thereunder or perform or undertake to perform any other services related to such air carriage. Carrier’s Regulations means rules, other than these Conditions, published by Carrier and in effect on date of commencement of carriage or issuance of ticket depending on the applicability, governing carriage of passengers and/or baggage and shall include applicable tariffs in force. Checked Baggage means baggage of which Carrier takes sole custody and for which Carrier has issued a baggage check. Conjunction Ticket means a ticket issued to a passenger in conjunction with another ticket which together constitute a single contract of carriage. Contingency Plan for Lengthy Tarmac Delays means a plan developed by an air carrier that meets the requirements set out in U.S. Department of Transportation regulations at 14 C.F.R. 259.4 and contains assurances that govern how the carrier will respond to tarmac delays that occur at U.S. airports. Convention means whichever of the following instruments are applicable: the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (Warsaw Convention); or the Warsaw Convention as amended at The Hague on 28 September 1955; or the Warsaw Convention as amended by Additional Protocol No.1 of Montreal (1975); or the Warsaw Convention as amended at The Hague and by Additional Protocol No.2 of Montreal (1975); or the Warsaw Convention as amended at The Hague and by Additional Protocol No.4 of Montreal (1975); or the Guadalajara Supplementary Convention, signed at Guadalajara, 19 September 1961; or the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May 1999 (Montreal Convention). Damage includes death, injury, delay, loss, partial loss or other damage of whatsoever nature arising out of or in connection with carriage or other services performed by Carrier incidental thereto. Days means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is despatched shall not be counted; and that for purposes of determining duration of validity the day upon which the ticket is issued, or flight commenced, shall not be counted. Electronic Coupon means an electronic Flight Coupon or other value document held in Carrier’s database. Electronic Ticket means the Itinerary/Receipt issued by or on behalf of Carrier, the Electronic Coupons and, if applicable, a boarding document. Flight Coupon means that portion of the ticket that bears the notation “good for passage”, or in the case of an electronic ticket, the electronic coupon, and indicates the particular places between which passenger is entitled to be carried. French Gold Francs means francs consisting of 65½ milligrams of gold with a fineness of nine hundred thousandths. Itinerary/Receipt means a document or documents forming part of the electronic ticket which includes the information and notices required under the Convention and as otherwise required. Normal Fare means the highest fare established for a first, intermediate or economy/tourist class service during the period of applicability. Tarmac Delay means the holding of an aircraft on the ground either before taking off or after landing with no opportunity for its passengers to deplane. Passenger means any person, except members of the crew, carried or to be carried in an aircraft with the consent of Carrier. Passenger Coupon or Passenger Receipt means that portion of the ticket issued by or on behalf of Carrier, which is so marked and which ultimately is to be retained by the passenger. Special Fare means a fare other than the normal fare. SDRs means Special Drawing Rights as defined by the International Monetary Fund. Stopover means a deliberate interruption of the journey by the passenger, at a point between the place of departure and the place of destination, which has been agreed to in advance by Carrier. Ticket means either the document entitled ”Passenger Ticket and Baggage Check”, or the Electronic Ticket, in each case issued by or on behalf of Carrier, and including Conditions of Contract, notices and the Coupons contained in it. Unchecked Baggage means any baggage of the passenger other than checked baggage. Para. 2. References to the pronoun “he” and its derivatives shall be construed as references to any person, whether male or female. ARTICLE 2. APPLICABILITY Para. 1. General. (a) These Conditions are the Carrier’s Conditions of Carriage referred to in the ticket and, except as provided in Paragraphs 2, 3, 4 and 5 of this Article, apply to all carriage by air of passengers and baggage, including services incidental thereto, performed by Carrier for reward. (b) These Conditions also apply to gratuitous and reduced fare carriage except to the extent that Carrier has provided otherwise in its Regulations or in the relevant contracts, passes or tickets. (c) These Conditions and Carrier’s Regulations, fares and charges are subject to change without notice; provided that no such change shall apply after the carriage hereunder has commenced. The fares and charges applicable to the carriage are those in effect at the date of commencement of carriage covered by the first flight coupon of the ticket, or in the case of an electronic ticket, as indicated for the first flight segment in the itinerary/ receipt, except as otherwise provided in Carrier’s Regulations. Para. 2. Charters. If Carriage is performed pursuant to a charter agreement, the Charter Regulations (if any) of Carrier shall be applicable thereto and these Conditions apply only to the extent provided in the said Charter Regulations. Where there are no Charter Regulations applicable, these Conditions shall apply to such Carriage in so far as they are not excluded by or inconsistent with the terms of the charter agreement and the charter ticket. The passenger, by accepting the Carriage pursuant to the said charter agreement, whether or not concluded with the passenger, agrees to be bound by the applicable provisions of such agreement. Para. 3. Code Shares On some services, Carrier has arrangements with other carriers known as “Code Shares”. This means that even if the passenger has a reservation with Carrier and holds a ticket where Carrier’s name or airline designator code is indicated as the carrier, another carrier may operate the aircraft. If such arrangements apply, Carrier will advise the passenger of the carrier operating the aircraft at the time the passenger makes a reservation. Please refer to www.silkair.com for further information. Para. 4. Overriding Law. To the extent that any provision contained or referred to herein is contrary to anything contained in the Convention where applicable and in any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision. Para. 5. Conditions Prevail Over Regulations. Save as provided herein, in the event of inconsistency between these Conditions and Carrier’s Regulations, these Conditions shall prevail, except where tariffs in force in the United States or Canada apply, in which case the tariffs shall prevail. ARTICLE 3. TICKETS. Para. 1. (a) Ticket Prima Facie Evidence of Contract. The ticket constitutes prima facie evidence of the contract of carriage between Carrier and the passenger named on the ticket. Carrier will provide carriage only to the passenger holding such ticket, or holding, as proof of payment or part payment, any other Carrier document issued by Carrier or its Authorized Agent. The ticket is and remains at all times the property of the issuing Carrier. The Conditions of Contract contained in the ticket are a summary of some of the provisions of these Conditions of Carriage. (b) Requirement for Ticket. Except in the case of an electronic ticket, a person shall not be entitled to be carried on a flight unless that person presents a ticket valid and duly issued in accordance with Carrier’s Regulations and containing the flight coupon for that flight and all other unused flight coupons and the passenger coupon. A passenger shall furthermore not be entitled to be carried if the ticket presented is mutilated or if it has been altered otherwise than by Carrier or its Authorized Agent. In the case of an electronic ticket, a person shall not be entitled to be carried on a flight unless that person provides positive identification and has a ticket valid and duly issued in accordance with Carrier’s Regulations and contained in Carrier’s database. (c)Loss, etc. of Ticket. In case of loss or mutilation of a ticket, or part thereof, or non-presentation of a ticket containing the passenger coupon and all unused flight coupons, the issuing Carrier may at the passenger’s request and subject to Carrier’s Regulations replace such ticket or part thereof by issuing a new ticket on receipt of proof satisfactory to Carrier that a ticket valid for the flights in question was duly issued, provided that the passenger undertakes in such form as may be prescribed by Carrier to pay to Carrier the fare applicable to the new ticket in the event, and to the extent, that the lost or missing ticket or the missing flight coupons are used by any person, or that refund in respect thereof is made to any person. (d) Ticket not Transferable. A ticket is not transferable. If someone other than the person entitled to be carried on a ticket travels pursuant to that ticket or is given a refund in connection therewith, Carrier shall not be liable to the person so entitled if in good faith it provides carriage, or makes a refund. If a ticket is presented by someone other than the person entitled to be carried thereunder or to a refund in connection therewith, Carrier shall not be liable to the person so entitled if in good faith it provides carriage or makes a refund to the person presenting the ticket. Further, if a ticket were to be used by any person other than the person entitled to be carried, with or without the knowledge and/or consent of the person entitled to be carried, Carrier is not liable for the death or injury to or delay in the carriage of such person or for the destruction, loss or damage to or delay in the carriage of such person’s baggage or other personal property arising from or in connection with such use (e) Changes Requested by Passenger. Changes to the ticket requested by the passenger will be subject to Carrier’s Regulations and may require payment of a change fee.. Para. 2. (a) Period of Validity. A ticket is valid for carriage for one year from the date of commencement of travel or if no portion of the ticket is used, from the date of issue thereof, except as otherwise provided in the ticket, these Conditions or Carrier’s Regulations. (b) Extension of Validity. If a passenger is prevented from travelling within the period of validity of the ticket because Carrier: cancels the flight on which the passenger holds a reservation; or omits a scheduled stop, being the passenger’s place of departure, place of destination or a stopover; or fails to operate a flight reasonably according to schedule; or causes the passenger to miss a connection; or substitutes a different class of service; or0is unable to provide previously confirmed space; The validity of such passenger’s ticket will be extended until Carrier’s first flight on which space is available in the class of service for which the fare has been paid. (c) When a passenger with a normal fare ticket, or a special fare ticket which has the same validity as a normal fare ticket, is prevented from travelling within the period of validity of his ticket because at the time such passenger requests reservations Carrier is unable to provide space on the flight, the validity of such passenger’s ticket will be extended until Carrier’s first flight on which space is available in the class of service for which the fare has been paid, but for not more than seven days after such request for reservations. (d) When a passenger after having commenced his journey is prevented from travelling within the period of validity of his ticket by reason of illness,

Carrier will extend (provided such extension is not precluded by Carrier’s Regulations applicable to the fare paid by the passenger) the period of validity of such passenger’s ticket until the date when he becomes fit to travel according to a medical certificate, or until Carrier’s first flight after such date from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. When the flight coupons remaining in the ticket, or in the case of an electronic ticket, the electronic coupon, involve one or more stopovers, the validity of such ticket, subject to Carrier’s Regulations, will be extended for not more than three months from the date shown on such certificate in the case of a normal fare ticket or a special fare ticket having the same validity as a normal fare ticket, and for not more than seven days in any other case. In such circumstances, Carrier will extend similarly the period of validity of tickets of other members of his immediate family accompanying an incapacitated passenger. Para. 3. Coupon Sequence. (a) Carrier will honour flight coupons, or in the case of an electronic ticket, an electronic coupon, only in sequence from the place of departure as shown on the ticket. (b) The ticket may not be valid and Carrier may not honour the passenger’s ticket if the first flight coupon, or in the case of an electronic ticket, an electronic coupon, for international travel has not been used and the passenger commences his journey at any stopover or agreed stopping place. (c) Each flight coupon, or in the case of an electronic ticket, an electronic coupon, will be accepted for carriage in the class of service specified therein on the date and flight for which accommodation has been reserved. When flight coupons, or in the case of an electronic ticket, an electronic coupon, are issued without a reservation being specified thereon, space will be reserved on application subject to the conditions for the relevant fare and the availability of space on the flight applied for. (d) Where applicable, the passenger coupon and all unused flight coupons not previously surrendered to Carrier shall be retained by the passenger throughout his journey and shall be produced and the applicable flight coupons surrendered to Carrier at Carrier’s request. (e) If the passenger fails or has failed to use the flight coupons, or in the case of an electronic ticket, the electronic coupon, in sequence, Carrier is entitled to recompute the fares in accordance with Carrier’s Regulations for the use of said coupons and the passenger is liable to pay to Carrier any difference between the recomputed fares and the fares already paid by or due from the passenger. Para. 4. Name and Address of Carrier. Carrier’s name may be abbreviated in the ticket. Carrier’s address shall be deemed to be the airport of departure shown opposite the first abbreviation of Carrier’s name in the “CARRIER” box in the ticket, or in the case of an electronic ticket, as indicated for the first flight segment in the itinerary/receipt. ARTICLE 4. STOPOVERS. Stopovers may be permitted at agreed stopping places only if arranged with Carrier in advance and provided for in the ticket, and are subject to government requirements, Carrier’s Regulations and Carrier’s timetables. Additional charges for stopovers will be payable as provided in Carrier’s Regulations. ARTICLE 5. FARES AND CHARGES. Para .1. General. (a) Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport service between airports and between airports and town centres, unless Carrier’s Regulations provide such ground transport will be furnished without additional charge. (b) Carrier does not provide any ground transport services between airports or between airports and town centres, except as otherwise provided in Carrier’s Regulations. Carrier is not liable for the acts or omissions of any operator of such ground transport services and shall not be liable therefore by reason of anything done by an employee or agent of Carrier in assisting the passenger to avail of such services. In cases where Carrier itself provides ground transport services, these Conditions and Carrier’s Regulations shall be deemed applicable to such services and any additional charges payable for the use of such services in accordance with Carrier’s Regulations shall not be refundable if such services are not used by the passenger. (c) Meals served in the aircraft will be free of charge except as otherwise provided in Carrier’s Regulations. Liquor and the provision of inflight entertainment may be charged for in accordance with Carrier’s Regulations. Meals other than meals served in the aircraft are not included in the fare and are payable by the passenger except as otherwise provided in Carrier’s Regulations. Para. 2. Applicable Fares. Applicable fares for carriage governed by these Conditions are those published by or on behalf of Carrier or, if not so published, constructed in accordance with Carrier’s Regulations. Subject to government requirements and Carrier’s Regulations, the applicable fare is the fare for the flight or flights in effect on the date of commencement of the carriage covered by the first flight coupon of the ticket, or in the case of an electronic ticket, as indicated for the first flight segment in the itinerary/receipt. When the amount that has been collected is not the applicable fare the difference shall be paid by the passenger, or, as the case may be, refunded by Carrier, in accordance with Carrier’s Regulations. Para. 3. Precedence of Fares. Unless otherwise provided in Carrier’s Regulations, a published fare takes precedence over the combination of intermediate fares applicable to the same class of service between the same points via the same routing. Para. 4. Routing. Unless otherwise provided in Carrier’s Regulations, fares apply only to routings published in connection therewith. If there is more than one routing at the same fare, the passenger may specify the routing prior to issue of the ticket. If no routing is specified, Carrier may determine the routing. Para. 5. Taxes and Charges. Any tax or charge imposed by government or by municipal or other authority, or by the operator of an airport, in respect of a passenger or the use by a passenger of any services or facilities will be in addition to the published fares and charges and shall be payable by the passenger, except as otherwise provided in Carrier’s Regulations. For fares marketed to U.S. consumers, all taxes and fees are included in the published fares. Para. 6. Currency. Subject to applicable law, fares and charges are payable in any currency acceptable to Carrier. When payment is made in a currency other than the currency in which the fare is published, such payment will be made at the rate of exchange established in accordance with Carrier’s Regulations. ARTICLE 6. RESERVATIONS. Para. 1. Reservation Requirements. (a) A reservation is not confirmed until (1) it is entered on the appropriate flight coupon, or in the case of an electronic ticket, the electronic coupon, by Carrier or its Authorized Agent; (2) a ticket has been duly issued to the passenger, or in the case of an electronic ticket, when it has been duly created in Carrier’s database; and (3) the passenger has paid for his ticket (or made credit arrangements with Carrier) within the ticketing time limit prescribed in Carrier’s Regulations. A reservation that does not comply with any of these requirements may be cancelled by Carrier at any time without notice. (b) As provided in Carrier’s Regulations, certain fares may have conditions which limit or exclude the passenger’s right to change or cancel reservations. Para. 2. Personal Data. The passenger recognizes that personal data has been given to Carrier for the purposes of making a reservation for carriage, obtaining ancillary services, facilitating immigration and entry requirements, and making available such data to government agencies who may share such personal data with other government agencies which is beyond the control of the Carrier. For these purposes the passenger authorizes Carrier to retain such data and to transmit it to its own offices, other carriers or the providers of such services, in whatever country they may be located. The collection of such data will be in accordance with the Carrier’s Privacy Policy, a copy of which may be obtained from any of the Carrier’s offices or from www.silkair.com. However, please note that government regulations may require that we provide information on or permit access to passenger/customer data. Para. 3. Seating. Carrier does not guarantee to provide any particular seat in the aircraft and the passenger agrees to accept any seat that may be allotted on the flight in the class of service for which the ticket has been issued. In the case of a passenger who self-identifies as having a disability, Carrier will provide seating accomodation in accordance with applicable law. Para. 4. Service charge when space not occupied. A service charge, in accordance with Carrier’s Regulations, may be payable by a passenger who fails to use space for which a reservation has been made or to cancel the reservation within the cancellation time limit prescribed in Carrier’s Regulations. Para. 5. Communications Expenses. The passenger will be charged for communications expenses made in connection with his reservation or journey and incurred by Carrier as a result of the passenger’s request, other than communication expenses incurred in securing the original reservation on a flight. Para. 6. Cancellation of Onward Reservations made by Carrier. If a passenger does not use a reservation and fails to advise Carrier, Carrier will cancel or request cancellation of any onward or return reservations. ARTICLE 7. CHECK-IN. The passenger shall arrive at the Carrier’s check-in location and boarding gate sufficiently in advance of flight departure to permit completion of any government formalities and departure procedures and in any event not later than the time that may be indicated by Carrier. If the passenger fails so to arrive in time at Carrier’s check-in location or boarding gate or appears improperly documented and not ready to travel, Carrier may cancel the space reserved for him and will not delay the flight. Carrier is not liable to the passenger for loss or expense due to the passenger’s failure to comply with the provisions of this Article. ARTICLE 8. REFUSAL OF AND LIMITATION ON CARRIAGE. Para. 1. Right to Refuse Carriage. Carrier may refuse carriage of any passenger or passenger’s baggage for reasons of safety or if, in the exercise of its reasonable discretion, Carrier decides that: (a) such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over; or (b) the conduct, age, or mental or physical state of the passenger is such as to:01) require special assistance of Carrier, or02) cause discomfort or make himself objectionable to other passengers, or03) involve any hazard or risk to himself or to other persons or to property; or (c) such action is necessary because the passenger has failed to observe the instructions of Carrier; or (d) the passenger has refused to submit to a security check; or (e) the applicable fare or any charges or taxes payable have not been paid, or credit arrangements agreed between Carrier and the passenger (or the person paying for the ticket) have not been complied with; or (f) the passenger: does not appear to be properly documented, or may seek to enter a country through which he is in transit, or may destroy his documentation during flight, or will not surrender travel documents to be held by the flight crew, against receipt, when so requested by the Carrier; or (g) the ticket: has been acquired unlawfully or has been purchased from an entity other than the issuing Carrier or its Authorized Agent, or has been reported as being lost or stolen, or is a counterfeit ticket, or any flight or electronic coupon has been altered by anyone other than Carrier or its Authorized Agent, or in the case of a flight coupon, has been mutilated, and Carrier reserves the right to retain such ticket; or (h) the person presenting the ticket cannot prove that he is the person named in the ticket. Carrier reserves the right to retain such paper ticket; or (i) the person has been issued a Banning Notice and the person has bought the ticket while the ban applies. Once the Banning Notice has been issued to the person, he is not to buy a ticket or ask or allow anyone to buy a ticket for him. Carrier will refuse to carry the person if he tries to travel while a Banning Notice is in force against him and he will be entitled to a voluntary refund. The Banning Notice will state the date when the ban comes into effect. Para. 2. Recourse when Carriage Refused. The sole recourse of any passenger refused carriage pursuant to Paragraph 1 for reasons of safety or for any of the reasons specified in Subparagraphs 1(a), 1(b), 1(c), 1(d), 1(e) or 1(f) shall be recovery of the refund value of the unused ticket or portion thereof, in accordance with Article 11 Paragraph 3, subject to deduction of any applicable service charge for Subparagraphs 1(b)(2) or 1(c). Except as provided in this Paragraph, Carrier is not liable to any person for any refund or loss or expense whatsoever arising from or in connection with a refusal of carriage pursuant to Paragraph 1, whether arising in tort, contract or otherwise howsoever. Para. 3. Limitation on Carriage. Acceptance for carriage of children, incapacitated persons, pregnant women or persons with illness may be subject to prior arrangement with Carrier, in accordance with Carrier’s Regulations. ARTICLE 9. BAGGAGE. Para. 1. Items Unacceptable as Baggage. (a) The passenger shall not include in his baggage: 1. items which do not constitute baggage as defined in Article 1 Paragraph 1 hereof; 2. items which are likely to endanger the aircraft or persons or property on board the aircraft, such as explosives, compressed gases, corrosives, oxidizing radio-active or magnetized materials, materials that are easily ignited, poisonous, offensive or irritating substances, liquids (other than liquids in the passenger’s unchecked baggage for his use in the course of the journey ), or those specified in the Dangerous Goods Regulations of the International Civil Aviation Organisation (ICAO) and the International Air Transport Association (IATA), and in Carrier’s Regulations; 3. items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over; 4. items which in the opinion of Carrier are unsuitable for carriage by reason of their weight, size or character, such as fragile or perishable items; 5. live animals, except as provided for in Paragraph 10 of this Article.00

(b) If the passenger is in possession of, or if his baggage includes any arms and/or munitions, he shall present them to Carrier for inspection prior to commencement of carriage. If Carrier accepts such items for carriage it may require them to be delivered to and remain in its custody until the passenger’s arrival at the airport building at the place of destination. (c) The passenger shall not include in checked baggage fragile or perishable items, money, jewellery, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents, samples, medicines or drugs. (d) Various countries have implemented restrictions on the carriage of liquids, aerosols and gels in compliance with new guidelines set by the ICAO. For further information on the restrictions imposed by the list of countries, please refer to www.silkair.com. (e) If any items referred to in Subparagraph (a), (b) or (c) of this Paragraph are carried, whether or not they are prohibited from carriage as baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Conditions applicable to the carriage of baggage. Para. 2. Right to Refuse Carriage. (a) Carrier may refuse carriage as baggage of such items described in Paragraph 1 of this Article as are prohibited from carriage as baggage and may refuse further carriage of any such items on discovery thereof. (b) Carrier may refuse to carry as baggage any item because of its size, shape, weight or character. (c) Unless advance arrangements for its carriage have been made with Carrier, Carrier may carry on later flights baggage which is in excess of the applicable free allowance. (d) Carrier may refuse to accept baggage as checked baggage unless it is properly packed in suitcases or other similar containers to ensure safe carriage with ordinary care in handling. Para. 3. Right of Search. For reasons of safety and security, Carrier may request the passenger to permit a search to be made of his person and his baggage, and may search or have searched the passenger’s baggage in his absence if the passenger is not available, for the purpose of determining whether he is in possession of or whether his baggage contains any item described in Paragraph 1(a) above or any arms or munitions which have not been presented to Carrier in accordance with Paragraph 1(b) above. If the passenger is unwilling to comply with such request Carrier may refuse to carry the passenger or baggage and the sole recourse against Carrier for the passenger so refused shall be a refund calculated in accordance with Article 11 Paragraph 3. Para. 4. Checked Baggage. (a) Upon delivery to Carrier of baggage to be checked Carrier shall take custody thereof and issue a baggage identification tag for each piece of checked baggage. (b) If baggage has no name, initials or other personal identification, the passenger shall affix such identification to the baggage prior to acceptance. (c) Checked baggage will be carried on the same aircraft as the passenger, unless Carrier decides that this is impracticable, in which case Carrier will carry the checked baggage on Carrier’s next flight on which space is available. Para. 5. Free Baggage Allowance. Passengers may carry free of charge baggage as specified and subject to the conditions and limitations in Carrier’s Regulations. Where two or more passengers, travelling as one party to a common destination or point of stopover by the same flight, present themselves and their baggage for travelling at the same time and place, they may be permitted to total free baggage allowance equal to the combination of their individual free baggage allowances. Para. 6. Excess Baggage. The passenger shall pay a charge for the carriage of baggage in excess of the free baggage allowance at the rate and in the manner provided in Carrier’s Regulations. Para. 7. Excess Value Declaration and Charge. (a) A passenger may declare a value for checked baggage in excess of the applicable liability limits. If the passenger makes such a declaration the passenger shall pay the applicable charges. (b) Except as otherwise provided in Carrier’s Regulations, excess value charges shall be payable at the point of origin for the entire journey to final destination; provided that if at a stop-over en route a passenger declares a higher excess value than that originally declared, additional excess value charges for the increased value from such stopover to final destination shall be payable. (c)Carrier will refuse to accept an excess value declaration on checked baggage when a portion of the carriage is to be provided by another Carrier which does not offer the facility. Para. 8. Unchecked baggage. (a) Baggage which the passenger carries on to the aircraft must fit under the seat in front of the passenger or in an enclosed storage compartment in the cabin. Items determined by Carrier to be of excessive weight or size will not be permitted in the cabin. (b) Objects not suitable for transport in the cargo compartment (such as delicate musical instruments and the like) will only be accepted for transportation in the cabin compartment if due notice has been given in advance and permission granted by Carrier. The transport of such objects may be charged for separately. Para. 9. Collection and Delivery of Baggage. (a) The passenger shall collect his baggage as soon as it is available for collection at places of destination or stopover. (b) Carrier shall deliver checked baggage to the bearer of the baggage check upon payment of all unpaid sums due to Carrier under the contract of carriage. Carrier is under no obligation to ascertain that the bearer of the baggage check is entitled to delivery of the baggage and Carrier is not liable for any loss, damage, or expense arising out of or in connection with its failure so to ascertain. Delivery of baggage will be made at the destination shown in the baggage check. (c) If a person claiming the baggage is unable to produce the baggage check and identify the baggage by means of a baggage (identification) tag, Carrier will deliver the baggage to such person only on condition that he establishes to Carrier’s satisfaction his right thereto, and if required by Carrier, such person shall furnish adequate security to indemnify Carrier for any loss, damage or expense which may be incurred by Carrier as a result of such delivery. (d) Acceptance of baggage by the bearer of the baggage check without complaint at the time of delivery is prima facie evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage. Para. 10. Animals. (a) Guide dogs accompanying sight/hearing impaired passengers together with containers and food, will be carried free of charge in addition to the normal free baggage allowance, subject to Carrier’s Regulations. (b)Acceptance for carriage of animals is subject to the condition that passenger assumes full responsibility for such animal. Carrier shall not be liable for injury to or loss, delay, sickness or death of such animal or in the event that it is refused entry into or passage through any country, state or territory. ARTICLE 10. SCHEDULES, CANCELLATION OF FLIGHTS. Para. 1. Times and Schedules not Guaranteed. (a) Carrier undertakes to use its best efforts to carry the passenger and his baggage with reasonable dispatch. Times shown in the ticket, timetables or elsewhere are not guaranteed and do not form part of the contract of carriage and Carrier assumes no responsibility for making connections. (b) Schedules are subject to change without notice. Carrier may when circumstances so require alter or omit stopping places shown on the ticket or in schedules and may without notice substitute alternate carriers or aircraft. (c) Carrier will not be liable for errors or omissions in timetables or other publications of schedules or in statements or representations made by employees, agents or representatives of Carrier as to the dates or times of departure or arrival or as to the operation of any flight. Para. 2. Cancellation, Changes of Schedule, etc. (a) If Carrier cancels, terminates, diverts or fails to operate a flight reasonably according to schedule, is unable to provide previously confirmed space, fails to stop at a passenger’s stopover or destination point, or causes the passenger to miss a connecting flight on which he holds a reservation, Carrier may elect one of the following options, with due consideration to the passenger’s reasonable interests, either: 1. carry the passenger as soon as it can on its scheduled service or 2. re-route the passenger to the destination indicated on the ticket or applicable portion thereof by its own scheduled services or the scheduled services of another carrier, or by means of surface transportation. If the sum of the fare, excess baggage charge and any applicable service charge for the revised routing is higher than the refund value of the ticket or applicable portion thereof, Carrier shall require no additional fare or charge from the passenger, and shall refund the difference if the fare and charges for the revised routing are lower; or 3. make a refund in accordance with the provisions of Article 11 Paragraph 3. (b) When circumstances so require, Carrier may without notice cancel, terminate, divert, postpone or delay any flight, substitute a different type of aircraft, or omit a stopover or destination point. In any of these events, Carrier shall carry, re-route or make a refund in accordance with the preceding Subparagraph (a) and shall be under no further liability to the passenger. (c) If circumstances are such that the aircraft’s weight limitations or seating capacity would otherwise be exceeded, Carrier shall decide in its reasonable discretion which passengers or items shall not be carried. In such event, Carrier shall carry, re-route or make a refund to the affected passengers in accordance with Subparagraph (a) above and shall be under no further liability to the passenger. Para. 3. Tarmac Delays at United States Airports In the event of a tarmac delay at a U.S. airport, the operating carrier’s Contingency Plan for Lengthy Tarmac Delays shall apply. If Carrier cancels, terminates, diverts or fails to operate a flight reasonably according to schedule, is unable to provide previously confirmed space, fails to stop at a passenger’s stopover or destination point, or causes the passenger to miss a connecting flight on which he holds a reservation, Carrier may elect one of the following options, with due consideration to the passenger’s reasonable interests, either:0- carry the passenger as soon as it can on its scheduled service0- make a refund Changes to the ticket requested by the passenger will be subject to Carrier’s Regulations and may require payment of a change fee. For fares marketed to U.S. consumers, all taxes and fees are included in the published fares. In the case of a passenger who self-identifies as having a disability, Carrier will provide seating accommodation in accordance with applicable law. ARTICLE 11. REFUNDS. Para. 1. General. On failure by Carrier to provide carriage in accordance with the contract of carriage, or where a passenger requests a voluntary change of his arrangements, refund for an unused ticket or portion thereof shall be made by Carrier in accordance with this Article and with Carrier’s Regulations. Para. 2. Person to Whom Refund Will Be Made. (a) Except as hereinafter provided in this Article, Carrier shall be entitled to make refund either to the person named in the ticket, or to the person who has paid for the ticket upon presentation of satisfactory proof. (b) If a ticket has been paid for by a person other than the passenger named in the ticket, and Carrier has indicated on the ticket that there is a restriction on refund, Carrier shall make a refund only to the person paying for the ticket or to that person’s order. (c) Except in the case of lost tickets, refunds will only be made on surrender to Carrier of the passenger coupon or passenger receipt and surrender of all unused flight coupons. (d) A refund made to anyone presenting the passenger coupon or passenger receipt and all unused flight coupons and holding himself out as a person to whom refund may be made in terms of Subparagraph (a) or (b) of this Paragraph shall be deemed a proper refund and shall discharge Carrier from liability and any further claim for refund from any person. Para. 3. Involuntary Refunds. If Carrier refuses carriage in accordance with Article 8 Paragraph 1 (subject to Article 8 Paragraph 2) or in accordance with Article 9 Paragraph 3, or in any of the events set out in Article 10 Paragraph 2, the amount of the refund shall be calculated in accordance with Carrier’s Regulations relating to refunds described therein as “Involuntary Refunds”. Carrier will furthermore refund to the passenger any communications expenses paid by the passenger in accordance with Article 6 Paragraph 5. Para. 4. Voluntary Refunds. If the passenger wishes a refund of his ticket for reasons other than those set out in Paragraph 3, the amount of refund shall be calculated in accordance with Carrier’s Regulations relating to refunds described therein as “Voluntary Refunds”. Para. 5. Refund on Lost Ticket. If a ticket or portion thereof is lost, refund will be made on proof of loss satisfactory to Carrier and upon payment of any applicable service charge, on condition (a) that the lost ticket, or portion thereof, has not been used, previously refunded or replaced, and (b) that the person to whom the refund is made undertakes, in such form as may be prescribed by Carrier, to repay to Carrier the amount refunded in the event and to the extent that the lost ticket or portion thereof is used by any person or that refund thereof is made to any person in possession of the ticket. Para. 6. Right to Refuse Refund. (a) Carrier may refuse refund when application therefore is made later than thirty days after the expiry of the validity of the ticket. (b) Carrier may refuse refund on a ticket which has been presented to Carrier or to government officials of a country as evidence of intention to depart therefrom, unless the passenger establishes to Carrier’s satisfaction that he has permission to remain in the country or that he will depart therefrom by another carrier or another means of transport. Para. 7. Currency. All refunds will be subject to government laws, rules and regulations or orders of the country in which the ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provision, refunds will

be made in the currency in which the ticket was paid for, or, at the option of Carrier, in Singapore currency or in the currency of the country where the ticket was purchased or where the refund is being made, in an amount equivalent to the amount due in the currency originally collected. Para. 8. By Whom Ticket Refundable. Refunds will be made only by the Carrier which originally issued the ticket, or by its Agent, if so authorized, in accordance with Carrier’s Regulations. ARTICLE 12. CONDUCT ABOARD AIRCRAFT. Para. 1. If the passenger conducts himself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstructs the crew in the performance of their duties, or fails to comply with any instruction of the crew, or behaves in a manner to which other passengers may reasonably object, Carrier may take such measures as it deems necessary to prevent continuation of such conduct, including restraint of the passenger. Para. 2. The passenger may not operate aboard the aircraft portable radios, electronic games or transmitting devices including radio controlled toys and walkie-talkies. The passenger shall not operate any other electronic devices on board without Carrier’s permission, except that hearing aids and heart pacemakers may be used. ARTICLE 13. ARRANGEMENTS BY CARRIER. If in the course of concluding the contract of carriage by air, Carrier also agrees to make arrangements for the provision of additional services (such as hotel accommodation and excursions trips on the ground), whether or not the cost of such arrangements is for the account of Carrier, Carrier acts only as agent for the passenger and is not liable to the passenger for any damage, loss or expense whatsoever arising from or in connection with such arrangements. ARTICLE 14. ADMINISTRATIVE FORMALITIES. Para. 1. General. The passenger shall be solely responsible for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or over, and with Carrier’s Regulations and instructions. Carrier shall not be liable for any aid or information given by any agent or employee of Carrier to any passenger in connection with obtaining necessary documents or visas or complying with such laws, regulations, orders, demands, and requirements, whether given in writing or otherwise; or for the consequences to any passenger resulting from his failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions. Para. 2. Travel Documents. The passenger shall present all exit, entry, health and other documents required by laws, regulations, orders, demands or requirements of the countries concerned, and permit Carrier to take and retain copies thereof. Carrier reserves the right to refuse carriage of any passenger who has not complied with applicable laws, regulations, orders, demands or requirements or whose documents do not appear to be in order, or who does not permit Carrier to take and retain copies thereof. Para. 3. Refusal of Entry. The passenger agrees to pay the applicable fare whenever Carrier, on government order, is required to return a passenger to his point of origin or elsewhere owing to the passenger’s inadmissibility into a country, whether of transit or of destination. Carrier may apply to the payment of such fare any funds paid to Carrier for unused carriage, or any funds of the passenger in the possession of Carrier. The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by Carrier. Para. 4. Passenger Responsible for Fines, Detention Costs, etc. If Carrier is required to pay or deposit any fine or penalty or to incur any expenditure by reason of the passenger’s failure to comply with laws, regulations, orders, demands and travel requirements of the countries concerned or to produce the required documents, the passenger shall on demand reimburse to Carrier any amount so paid or deposited and any expenditure so incurred. Carrier may use towards such expenditure any funds paid to Carrier for unused carriage, or any funds of the passenger in the possession of Carrier. Para. 5. Customs Inspection. If required, the passenger shall attend inspection of his baggage, checked or unchecked, by customs or other government officials. Carrier is not liable to the passenger for any loss or damage suffered by the passenger through failure to comply with this requirement. Para. 6. Security Inspection. The passenger shall submit to any security checks by government or airport officials or by Carrier. Para. 7. Carrier is not liable if it determines that what it understands to be applicable law, government regulation, demand, order or requirement requires that it refuse and it does refuse to carry a passenger. ARTICLE 15. SUCCESSIVE CARRIERS. Carriage to be performed by several successive Carriers under one ticket, or under a ticket and any conjunction ticket issued in connection therewith, is regarded as a single operation. ARTICLE 16. LIABILITY FOR DAMAGE. Para. 1. Our liability for the carriage of passengers and baggage is governed by the Convention in the case of international carriage by air, and by applicable national law in the case of domestic carriage by air. If and to the extent that any of the provisions of these Conditions of Carriage are inconsistent with mandatory and applicable provisions of the Convention or national law, the latter will prevail. However, by special contract as permitted by Article 22(1) of the Warsaw Convention, SilkAir Private Limited agrees that in respect of all international carriage of passengers to which the Convention applies performed on an MI service: (a) it will not invoke the limitation of liability under the Warsaw Convention as to any claim for recoverable compensatory damages in respect of death, wounding or other bodily injury suffered by a passenger; (b) with respect to that portion of such claim which does not exceed 100,000 SDRs, it will not avail itself of the defence under the Warsaw Convention which provides that a carrier is not liable if it proves that it or its agents have taken all necessary measures to avoid the damage or that it was impossible for it or its agents to take such measures; (c) except as provided in Subparagraphs (a) and (b) above, it reserves all defences available under the Convention to any such claim and with respect to third parties, it also reserves all rights of recourse against any other person, including without limitation, rights of contribution and indemnity; and (d)neither the waiver of limits under Subparagraph (a) above nor the waiver of defences under Subparagraph (b) above shall be applicable in respect of claims made by public social insurance or similar bodies (except with respect to any such bodies of the United States) however asserted. Such claims shall be subject to the liability limit and defences under the Warsaw Convention. Para. 2. In carriage which is not international carriage to which the Convention applies: (a) Carrier shall be liable for damage to a passenger or his checked baggage only if such damage has been caused by the negligence of Carrier. If there has been contributory negligence on the part of the passenger Carrier’s liability shall be subject to the applicable law relating to contributory negligence. (b) With respect to delay, Carrier shall be under no liability except as provided in these Conditions of Carriage. Para. 3. To the extent not in conflict with the foregoing and whether or not the Convention applies: (a) When Carrier is a successive carrier, Carrier is not liable for those parts of the journey performed by other carriers. 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T H U R S D AY : S E P T E M B E R 3 , 2 0 1 5

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SPORTS sports@thestandard.com.ph

LA allows Clarkson to play for PH but... By Ronnie Nathanielsz

SAMAHANG Basketbol ng Pilipinas Vice Chairman Ricky Vargas, who is en route to Los Angeles to meet with the parents of outstanding NBA rookie Jordan Clarkson and to talk to the management of the Los Angeles Lakers, told The Standard/Viva Sports that the NBA team has allowed the Fil-Am to suit up for the Philippines in the FIBA Asia Championships in China later this month. While boarding a plane from Taipei en route to the US, Vargas who was thrilled at the Gilas victory over a rug-

ged Russian team, said the Lakers have given Clarkson permission to suit up for the Gilas team, “but not for the whole

FIBA Asia. He has to be at the press conference of the Lakers and opening of their training camp.” Vargas pointed out that

there is a four-day overlap on the FIBA schedule and opening of Lakers presscon and training camp. However, SBP president Manny Pangilinan is prepared to fly Clarkson to the press conference and back, so he could continue to play for the country. He will also seek permission for him to skip a couple of days of the Lakers’ training camp, pointing out that Clarkson would be in game-shape by seeing action in FIBA Asia.

Berto ignoring Mayweather ‘hoopla’ Andre Berto, former two-time welterweight world champion, leaves the ring after a media workout in preparation for his fight against Floyd Mayweather Jr. in Los Angeles, California. Mayweather will defend his WBC/ WBA welterweight titles against Andre Berto on Sept. 12 at MGM Grand in Las Vegas. AFP REPUBLIC OF THE PHILIPPINES E N E R GY R E G U L AT O RY C O M M I S S I O N S A N M I G U E L AV E N U E , PA S I G C I T Y

WASHINGTON—Andre Berto said Tuesday he is blocking out the hype for his welterweight world title bout against Floyd Mayweather and believes the pound-for-pound king

A p p l i c a n t s a l s o p r a y f o r o t h e r j u s t a n d e q u i t a b l e r e l i e f.

N AT I O N A L T R A N S M I S S I O N C O R P O R AT I O N T R A N S C O M a i n B u i l d i n g , Q u e z o n Av e n u e c o r n e r B I R R o a d , Diliman, Quezon City By: ( S G D .) N O E L Z . D E L E O N General Counsel I B P N o . 0 9 8 2 7 61, 01 - 0 9 -15 , Q u e z o n C i t y Roll No. 36 6 6 0 M C L E C o m p l i a n c e I V - 0 017 9 5 3 , 2 6 A p r i l 2 013

C O R P O R AT I O N II ELECTRIC

Applicants. x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

( S G D .) L E O N T. TA P E L , J R . Deputy Legal Counsel I B P 0 9 9 5 3 2 9 , 0 2 - 0 2 -15 , P a s i g C i t y Roll No. 3 4555 M C L E C o m p l i a n c e I V - 0 01212 3 , 3 0 J a n u a r y 2 013

E R C C A S E N o . 2 0 15 - _ _ _ _ R C

J O I N T A P P L I C AT I O N

( S G D .) N Y E R S O N D E X T E R T I T O Q . T U A L L A M a n a g e r, L e g a l C o u n s e l i n g D e p a r t m e n t I B P 0 713 5 ( L i f e t i m e) , Q u e z o n C i t y Roll No. 5229 4 M C L E C o m p l i a n c e N o . I V - 0 0 0 5 2 0 0 , 2 2 M a r c h 2 012

A p p l i c a n t s , N AT I O N A L T R A N S M I S S I O N C O R P O R AT I O N ( T R A N S C O) a n d C E B U I I E L E C T R I C C O O P E R AT I V E ( C E B E C O I I ) , t h r o u g h t h e i r r e s p e c t i v e c o u n s e l s , a n d t o t h i s Honorable Commission respect fully aver that: 1. TR ANSCO is a government- owned and controlled corporation created and e x i s t i n g b y v i r t u e o f R . A . N o . 9 13 6 , o t h e r w i s e k n o w n a s t h e E l e c t r i c P o w e r I n d u s t r y R e f o r m A c t o f 2 0 0 1 ( E P I R A) , w i t h p r i n c i p a l o f f i c e a d d r e s s a t t h e T R A N S C O M a i n B u i l d i n g , Q u e z o n Av e n u e c o r n e r B I R R o a d , D i l i m a n , Q u e z o n C i t y.

( S G D .) S O L E D A D T. D E L A V E G A - C A B A N G I S C o r p o r a t e A t t o r n ey I I I R o l l o f A t t o r n e y s N o . 4 5 7 9 7, 0 5 . 2 4 . 01 I B P N o . 8 2 5 514 ( L i f e t i m e) , 0 4 . 2 3 .10 , B u l a c a n M C L E C o m p l i a n c e N o . V - 0 0 0 4 0 31, e f f e c t i v e u n t i l 14 A p r i l 2 019 .

2. C E B E C O I I i s a n e l e c t r i c c o o p e r a t i v e ( E C) d u l y o r g a n i z e d a n d e x i s t i n g u n d e r t h e l a w s o f t h e R e p u b l i c o f t h e P h i l i p p i n e s , w i t h p r i n c i p a l o f f i c e a d d r e s s i n M a l i n g i n , B o g o C i t y, Cebu, Philippines.

C E B U I I E L E C T R I C C O O P E R AT I V E , I N C . (CEBECO) M a l i n g i n , B o g o C i t y, C e b u , P h i l i p p i n e s

3. By vir tue of Section 8 of the EPIR A , TR ANSCO assumed the electrical transmission functions of the National Power Corporation, and the responsibility of the latter for the planning, construction and centralized operation and maintenance of high voltage transmission facilities, including grid interconnections and ancillar y ser vices.

By: __________________________ ( S G D .) A L A N BY R N E S . G AV I O L A Legal Counsel for CEBECO II

4. S e c t i o n 8 o f t h e E P I R A a n d R u l e 6 , S e c t i o n 8 (e) o f t h e E P I R A’s I m p l e m e n t i n g R u l e s a n d R e g u l a t i o n s ( I R R) a l s o m a n d a t e t h e s e g r e g a t i o n o f t h e t r a n s m i s s i o n a n d s u b transmission functions and assets for transparency and disposal, and authorize TR ANSCO t o n e g o t i a t e f o r, a n d t o t r a n s f e r s u c h s u b - t r a n s m i s s i o n a s s e t s (S TA s) a n d f a c i l i t i e s t o q u a l i f i e d d i s t r i b u t i o n u t i l i t i e s ( D U s) . 5. Pursuant thereto, this Honorable Commission promulgated the “ Guidelines on t h e S a l e a n d Tr a n s f e r o f t h e T R A N S C O ’s S u b t r a n s m i s s i o n A s s e t s a n d t h e F r a n c h i s i n g o f Q u a l i f i e d C o n s o r t i u m s ” ( E R C G u i d e l i n e s) d a t e d 17 O c t o b e r 2 0 0 3 , a s a m e n d e d b y R e s o l u t i o n N o . 3 , S e r i e s o f 2 0 0 5 d a t e d 17 M a r c h 2 0 0 5 w h i c h s e t f o r t h a m o n g o t h e r s , t h e s t a n d a r d s t o d i s t i n g u i s h T R A N S C O ’s t r a n s m i s s i o n a s s e t s f r o m i t s s u b - t r a n s m i s s i o n a s s e t s a n d e s t a b l i s h t h e a p p r o v a l p r o c e s s p r i o r t o t h e f i n a l s a l e a n d t r a n s f e r o f S TA s t o D U s . 6. Consistent with the ERC Guidelines, TR ANSCO adopted its own Guidelines on t h e S a l e o f S u b t r a n s m i s s i o n A s s e t s ( “ T R A N S C O G u i d e l i n e s ” ) [ A n n e x “A” ] a s a p p r o v e d b y T R A N S C O B o a r d R e s o l u t i o n N o . T C - 2 0 0 3 - 0 6 7 d a t e d 2 8 N o v e m b e r 2 0 0 3 [ A n n e x “A - 1 ” ] , a s f u r t h e r a m e n d e d b y T R A N S C O B o a r d R e s o l u t i o n N o .T C - 2 0 0 4 - 0 0 9 d a t e d 16 M a r c h 2 0 0 4 [ A n n e x “A - 2 ” ] . 7. O n 16 J uly 2 011, t hi s H o n o r ab l e C o mmi s si o n i s su e d Re s o lut i o n N o. 15, S e r i e s of 2 011 e nt it l e d “A R es o lu ti o n Ad o pti ng the A m end ed R u les fo r the A ppr ova l of the S a le and Tr ans fer of T R A N S C O’s S u btr ans m iss i o n Ass ets and the Ac qu is i ti o n by Q ua l i f i ed C o ns o r tiu ms .” 8. In accordance with the aforesaid ERC Guidelines, and based on a thorough e v a l u a t i o n c o n d u c t e d b y T R A N S C O, i t w a s d e t e r m i n e d t h a t t h e L u g o L o a d - e n d S u b s t a t i o n E q u i p m e n t , 5 M VA i s a s u b - t r a n s m i s s i o n a s s e t . C o p i e s o f t h e R e p o r t r e g a r d i n g t h e n a t u r e o f t h e a s s e t , L i s t o f S TA s f o r s a l e t o C E B E C O I I a n d t h e S i n g l e l i n e d i a g r a m a r e a t t a c h e d a s A n n e x e s “ B ”, “ C ” a n d “ D ,” r e s p e c t i v e l y. 9. TR A NSCO has clearly established that CEBECO II meets the f inancial c apabilit y criteria under Ar ticle IV of the ERC Guidelines in acquiring, operating, maintaining, u p g r a d i n g a n d e x p a n d i n g t h e s a i d S TA . Attached are copies of the Financial Qualif ication Evaluation [Annex “ E” ] and Audited Financial Statements of CEBECO II as of 31 December 2012 and 31 December 2013 [Annex “F” ]. 10 . T R A N S C O h a s l i ke w i s e e s t a b l i s h e d t h a t C E B E C O I I m e e t s t h e m i n i m u m t e c h n i c a l qualif ic ations of an EC as set for th under the ERC and TR A NSCO Guidelines. At tached is a c o p y o f C E B E C O I I ’s Te c h n i c a l Q u a l i f i c a t i o n Ev a l u a t i o n [ A n n e x “ G ” ] . 11. C E B E C O I I i s t h e o n l y q u a l i f i e d E C t h a t i s d i r e c t l y c o n n e c t e d t o t h e L u g o L o a d - e n d S u b s t a t i o n E q u i p m e n t , 5 M VA , a s e v i d e n c e d b y t h e a t t a c h e d L i s t o f C o n n e c t e d Distr ibution Utilities and Directly Connected Entities [A nnex “ H ” ]. 12 . O n 2 5 O c t o b e r 2 014 , t h e C E B E C O I I B o a r d o f D i r e c t o r s i s s u e d R e s o l u t i o n N o . 111, S e r i e s o f 2 014 [ A n n e x “ I ” ] r e l a t i v e t o t h e d e s i r e d a c q u i s i t i o n . 13 . O n 19 D e c e m b e r 2 014 , T R A N S C O a n d C E B E C O I I c o n c l u d e d a C o n t r a c t t o S e l l [ A n n e x “J ” ] c o v e r i n g t h e s u b j e c t s u b - t r a n s m i s s i o n a s s e t a m o u n t i n g t o F I V E M I L L I O N T H R E E HUNDRED NINET Y SI X THOUSAND FOUR HUNDRED T WENT Y FI VE and EIGHT Y SI X C E N TAV O S , P h i l i p p i n e C u r r e n c y ( P h P 5 , 3 9 6 , 4 2 5 . 8 6 ) , p l u s i n t e r e s t , p l u s t w e l v e p e r c e n t v a l u e - a d d e d t a x (12 % VAT ) t h e r e o n w h i c h i s e q u i v a l e n t t o S I X H U N D R E D F O R T Y S E V E N T H O U S A N D F I V E H U N D R E D S E V E N T Y O N E P E S O S a n d T E N C E N TAV O S ( P h P 6 4 7, 5 71.10) w h i c h C E B E C O I I s h a l l p a y i n c a s h o r t h r o u g h m a n a g e r ’s c h e c k .

V E R I F I C AT I O N a n d C E R T I F I C AT I O N of NON- FORUM SHOPPING I , R O L A N D O T. B AC A N I , o f l e g a l a g e , m a r r i e d , a n d w i t h p r i n c i p a l o f f i c e a d d r e s s a t t h e N a t i o n a l Tr a n s m i s s i o n C o r p o r a t i o n ( T R A N S C O) , T R A N S C O M a i n B u i l d i n g , Q u e z o n Av e n u e c o r n e r B I R R o a d , D i l i m a n , Q u e z o n C i t y, a f t e r h a v i n g b e e n d u l y s w o r n i n a c c o r d a n c e w i t h l a w, do hereby depose and state, that: 1. I a m T R A N S C O ’s P r e s i d e n t a n d C h i e f E x e c u t i v e O f f i c e r (C E O) w h o i s a u t h o r i z e d t o r e p r e s e n t i t i n t h i s J o i n t A p p l i c a t i o n a s p e r t h e a t t a c h e d r e l e v a n t s e c t i o n o f T R A N S C O ’s Manual of A pprovals (A nnex “ N ”); 2. I have caused the preparation of the instant Joint Application and read the c o n t e n t s t h e r e o f, a n d I a t t e s t t h a t t h e a l l e g a t i o n s h e r e i n c o n t a i n e d a r e t r u e a n d c o r r e c t based on my personal knowledge and on authentic records; 3. TR ANSCO has not commenced any other action or proceeding involving the same issues in the Supreme Cour t, the Cour t of Appeals or any cour t, tribunal, or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein; and 4. Should I hereinaf ter learn that the same or a similar action or claim has been filed or is pending in the Supreme Cour t, the Cour t of A ppeals or any c our t, tr ibunal, or quasi j u d i c i a l a g e n c y, I s h a l l r e p o r t s a i d f a c t w i t h i n f i v e (5 ) d a y s f r o m d i s c o v e r y t h e r e o f t o t h i s Honorable Commission. ( S G D .) R O L A N D O T. B AC A N I Af fiant S U B S C R I B E D A N D S W O R N t o b e f o r e m e t h i s 16 t h d a y o f J u n e , 2 015 a t Q u e z o n C i t y. Affiant who is personally known to me, exhibited to me his TRANSCO I.D. No. 00011-9 issued at Quezon City on _________ as competent evidence of identity.

Doc. No. 112; Page No. 24; Book No. II; Series of 2015.

(SGD.) NYERSON DEXTER TITO Q. TUALLA NOTARY PUBLIC

VERIFICATION and CERTIFICATION of NON-FORUM SHOPPING

I, LOWELL O. BELCINA, of legal age, married, and with of f ice address at CEBU II ELECTRIC COOPER ATIVE, INC. (CEBECO II), Malingin, Bogo Cit y, Cebu, Philippines, af ter having been duly sworn in accordance with law, do hereby depose and state that: 1. I am the General Manager of CEBECO II who is duly authorized to represent it in the above - entitled case, as evidenced by the at tached CEBECO II Board Resolution (Annex “O”);. 2. I have caused the preparation of the instant Joint Application and read the contents thereof, and I at test that the allegations herein contained are true and correct based on my personal knowledge and on authentic records of CEBECO II.

14 . T h e s u b j e c t S TA i s v a l u e d i n r e f e r e n c e t o t h e S i n c l a i r K n i g h t M e r z (S K M ) v a l u a t i o n p u r s u a n t t o E R C R e s o l u t i o n N o . 01, S e r i e s o f 2 0 0 9 , a s a m e n d e d . A n e x c e r p t f r o m t h e S K M r e p o r t f o r t h e t h i r d r e g u l a t o r y p e r i o d i s a t t a c h e d a s A n n e x “ K .”

3. CEBECO II has not commenced any other action or proceeding involving the same issues in the Supreme Cour t, the Cour t of Appeals or any cour t, tribunal, or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein; and,

15 . F i n a l l y, a p p l i c a n t s a l s o r e s p e c t f u l l y s u b m i t t h e c o m p l i a n c e w i t h t h e H o n o r a b l e C o m m i s s i o n ’s r e q u i r e m e n t s :

4. Should I hereinaf ter learn that the same or a similar action or claim has been f iled or is pending in the Supreme Cour t, the Cour t of Appeals or any cour t, tribunal, or quasi-judicial agency, I shall repor t said fact within f ive (5) days from discover y thereof to this Honorable Commission.

a. b.

following

documents

in

D r a f t o f t h e D e e d o f A b s o l u t e S a l e [ A n n e x “ L” ] ; a n d , Fr a n c h i s e D e s c r i p t i o n [ A n n e x “ M ” ] .

16. The proposed sale has satisfied all of the requirements and criteria set by the EPIR A and its IRR, as well as the ERC and TR ANSCO’s Guidelines on the Sale of Subtransmission Assets. 17. T h e a p p r o v a l b y t h i s H o n o r a b l e C o m m i s s i o n o f t h e i n s t a n t J o i n t A p p l i c a t i o n s h a l l pave the way for the at tainment of a refor med electricit y industr y under the EPIR A , which would ultimately best ser ve the interest of the consuming public.

(SGD.) LOWELL O. BELCINA Af f iant SUBSCRIBED AND SWORN to before me this 31st day of July, 2015 at Cebu City. Affiant who is personally known to me, exhibited to me her Tax Identification No.108-582-518 and Community Tax Certificate No. 27508409 issued at Toledo City on February 14, 2015, as competent evidence of identity.

P R AY E R WHEREFORE, it is most respect fully prayed of this Honorable Commission that the i n s t a n t a p p l i c a t i o n f o r t h e a p p r o v a l o f t h e s a l e o f T R A N S C O ’s s u b - t r a n s m i s s i o n a s s e t s i n favor of Cebu II Electric Cooperative, Inc. under the terms provided in the Contract to Sell d a t e d 19 D e c e m b e r 2 014 , b e A P P R O V E D .

Doc. No. 58; Page No.12; Book No.I; Series of 2015.

showdown in Las Vegas and he infuriated boxing fans in handpicking Berto when there were more than half a dozen more attractive—but more dangerous —fighters in the field. AFP

Iglupas, Alcantara favored

Q u e z o n C i t y a n d _ _ _ _ _ _ _ _ _ _ _ , f o r P a s i g C i t y, 0 8 J u n e 2 015 .

I N T H E M AT T E R O F T H E A PPL I CAT I O N FO R T H E A PPROVA L O F T H E SA LE O F VA R I O US SU B -T R A N S M I S S I O N LI N ES /AS S E T S O F T H E N AT I O N A L TR ANSMISSION CO R P O R AT I O N ( T R A N SCO) TO CE BU I I E LEC T R I C CO O PE R AT I V E , I N C. (CE B ECO I I), AS COV E R E D BY A CO NT R AC T TO S E LL DAT E D 19 D ECE M B E R 2 014

N AT I O N A L TR ANSMISSION ( TR ANSCO) AND CEBU C O O P E R AT I V E ( C E B E C O I I ) ,

in the best shape of his life, as he attempts to become the first man to beat his fellow American. Mayweather says he intends to hang up his gloves after the September 12

is no longer the fighter he was. He may have lost three of his last six fights and be a massive underdog but Berto, 31, a two-time former champion, says he is

(SGD.) AL AN BYRNE S. GAVIOL A NOTARY PUBLIC

(TS-Sept. 3, 2015)

CASEY Alcantara tries to spring another surprise title run while Khim Iglupas hopes to live up to the hype as they banner the elite field in the Palawan Pawnshop-Palawan Express Pera Padala Tuna Festival Open unfolding today at the Gen. Santos City courts in Gen. Santos City. Alcantara upended No. 2 Johnny Arcilla in the semis then stunned top seed PJ Tierro in four to snare the men’s Open singles crown in the recent Olivarez Cup while Iglupas swept Marian Capadocia to repeat as champion in the distaff side, making them the players to beat in this week’s event sponsored by Palawan Pawnshop and hosted by the country’s tuna capital. Still unranked in this week-long ranking tournament presented by Technifibre, also the official ball, the 23-year-old Alcantara faces Klyde Lagarde in one of the 16 matches kicking off the tournament offering P40,000 to the winner. The top seeded Tierro opens his campaign against wild card Andrei Domingo while the No. 2 Arcilla clashes with another wild card, Dominador Lagare, in the lower half of the draw. EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH WAIVER OF RIGHTS Notice is hereby given that the estate of the late Carlos Ranudo Villanueva has been extrajudicially settled among his heirs namely Josephine P. Villanueva (spouse) Catherine Villanueva-Balarbar (child), Cristina P. Villanueva (child) and Teresita VillanuevaRivera (child). As per Doc. No. 164; Page 34; Book No. 48A, Series of 2015 in the notarial books of Atty. Benjamine F. Alfonso, Notary Public until December 31, 2016 with PTR No. 0682987-C/1-20-15 IBP No. 975600 Quezon City. ( T S - A U G . 2 7- S E P T. 3 & 10 , 2 015 )


T H U R S D AY : S E P T E M B E R 3 , 2 0 1 5

A15

SPORTS sports@thestandard.com.ph

LOTTO RESULTS

6/55 00-00-00-00-00-00 P0 M+ 6/45 00-00-00-00-00-00 P0 M 4 DIGITS 0-0-0-0 3 DIGITS 0-0-0 2 EZ2 0-0

Lions take on Bombers, eye share of lead By Peter Atencio THE San Beda Red Lions finally get a chance to overtake the Letran Knights for the solo lead when they face a dangerous Jose Rizal Heavy Bombers’ side in today’s main offering of the 91st National Collegiate Athletic Association men’s basketball tournament at the San Juan Arena. The Red Lions, proud owners of five straight championships, and the Heavy Bombers, clash at 4 p.m.,

lege Generals, 96with the MendiolaGames today (San Juan Arena) 84, for their ninth based cagers gun- 10 a.m. • San Sebastian vs Mapua (jrs) ning for their 10th 12 noon • San Beda vs Jose Rizal (jrs) win against two win in 12 matches. 2 p.m. • San Sebastian vs Mapua (srs) losses, but San Beda Two weeks into 4 p.m. • San Beda vs Jose Rizal (srs) coach Jamike Jarin remained wary of the second round, the Red Lions climbed into a share their opponents, who he noted are of the lead on similar 9-2 cards with playing better in the second round. “We are happy at where we are. the Knights, who relinquished their grip on the solo lead after losing to But it’s still a long way to go. Everybody is getting better in the second the San Sebastian Stags, 87-89. The Red Lions, meanwhile, easily round,” Jarin said. The Red Lions will again rely got past the Emilio Aguinaldo Col-

mainly on Arthur dela Cruz, one of the front-runners in the MVP race, who was drafted ninth overall by Blackwater in the Philippine Basketball Association rookie Draft. De la Cruz had been norming 23.5 points, 10 rebounds, six assists and two steals in his team’s last two victories. The Heavy Bombers, meanwhile, try to build from their 114-112 double overtime win over the Chiefs last week when they take on the heavily favored Red Lions.

Ladon nails Asian boxing slot By Ronnie Nathanielsz

LIGHT flyweight Rogen Ladon became the first Filipino boxer to secure a spot in the AIBA Asian Boxing Championships in Doha, Qatar with a smashing 3-0 victory over highly favored No. 2 seed Murodjon Rasulov of Tajikistan on Tuesday at the Thammasat University stadium in Bangkok, Thailand. With the win, Ladon moved into the semifinals, but more significantly, he qualified for a place in the Asian Boxing Championships, which will be a stepping stone for a hopeful 2016 Olympic berth. Ladon earlier entered the quarterfinals with another convincing 3-0 win over Rakhmankul Avatov of Kyrgyzstab last Sunday, when welterweight Eumir Felix Marcial also came out a big winner over second seed Israil Madrinov of Uzbekistan. The hard-hitting Marcial, who has impressed Thai fight fans with his toughness and his punching power, was scheduled to face a hometown favorite at 8:30 p.m last night. The Bangkok Post reported that Saylom Ardee, who has moved up two weight classes to 69kg, beat South Korea’s Lee Seung-Hyeon to take on promising Marcial in the quarterfinals, with the Thai vowing to avenge the loss of countryman Apichet Saensit in the semifinals of the SEA Games.

Webmasters back on track CEBU CITY—The University of Cebu Webmasters are back on the winning track as they pounced on the lowly University of Southern Philippines Foundation Panthers, 73-61, Tuesday in the 15th season of Cebu Schools Athletic Foundation, Inc. basketball tournament at the Cebu Coliseum. The Webmasters and the Panthers were locked in a close battle because of a series of turnovers by both teams and a sputtering offense, with USPF ahead, 34-32, at halftime. Both teams finished with

a combined 61 turnovers, the most turnovers overall for both teams for this season. The Webmasters finally broke away in the fourth quarter, behind the trio of Garciano Puerto, Melvin Butohan and Jhan Calvin Jabello in the last two minutes of the game to post their biggest lead of 11 en route to the win. Puerto was named the “Best Player of the Game” by Viva Sports TV panelists Rico Navarro and Sandi Grumo for his performance of 17 points, 15 rebounds, 4 assists, 4 steals and a blocked shot. Mikey Izumi

4-way tie for lead. Cyna Rodriguez fought back from two strokes down, then pounced on Princess Superal’s shaky windup to force a four-way tie for the lead with two other amateurs at 71 at the start of the ICTSI Mt. Malarayat Ladies Classic at Mt. Malarayat’s composite courses Wednesday. Rodriguez is tied with Superal, Abby Arevalo and Korean amateur Hwang Min Jeong for the lead in the P500,000 seventh leg of the ICTSI Ladies Philippine Golf Tour.

International Bridge Champions accuse teammates of cheating SYLVIA LOPEZ ALEJANDRO I FEATURE the whole account of this eye-opener on this new cheating account. I recall the memories of the “coughing doctors” episode, when two German doctors cheated their way to victory, passing information to their partners by well-timed coughs. Here is the account by Patrick Jourdain and Hariet Alexander carried in Bridge Winners: Two Israeli men, Lotan Fisher and Ron Schwartz, have accused by their mates of cheating in three matches including the Spingold tournament.

The full story: They came together to do battle: an international team of warriors, fighting for glory, honour, and thousands of dollars in reward. But now that triumphant team of bridge players has been ripped a part by accusations that would, in the words of the whistleblower, “even make a Hollywood movie surreal.” Two Israeli men, Lotan Fisher and Ron Schwartz, have been accused by their team mates of cheating. Quite how they cheated is unclear, but Norwegian bridge professional Boye Brogeland, one of the world’s highest-rated bridge players, said the other four members of the team were handing back three titles they

had won together. “If you have a cheating pair on your team, I believe you should lose whatever Masterpoints, Seeding points and titles you have won together, “said Mr. Brogeland, writing on the Bridge Winners forum and rocking the world of bridge with his claims of skullduggery at a top tournament. “The Schwartz team from the two previous cycles has decided to give up the three titles that we ‘won’ in 2014 and 2015. We believe in a clean game and we love bridge.” Mr. Fisher hit back, accusing the others of being simply envious of their talent. “Jealousy made you sick,” he wrote on Tuesday. “Get ready for a meeting with the devil.”

The saga began in July 2014, in Las Vegas, when Mr. Brogeland’s team triumphed in the Spingold tournament-one of the most famous of all matches. The six men-two Israelis, two Americans and two Norwegiansthen won again in November at the Reisinger, another major tournament, held in the city of Providence, in Rhode Island. They went on to claim a third title, winning the Jacoby Swiss tournament in New Orleans in March this year. But on Tuesday Mr. Brogeland snapped, and declared war on his Israeli team mates. “What I am going to write now, I would ask you to take some seconds or minutes to think about, “he wrote in a prelude to the allegations.

“Very soon there will come out mind boggling stuff. It will give us a tremendous momentum to clean the game up, from the bottom to the very top. But it will take courage and it will demand standing up against the powers of the game.” Mr. Brogeland said he knew his allegations would have a huge impact-and that his supporters should be prepared for the fall-out. “Never back down for keeping this tread public, “he wrote. “Go out, fight the good fight and get things done. Not in year, not in days, not in hours, but now. For the future of our beautiful game.” Comments to: sylvia.alejandro@yahoo.com

IN BRIEF Peñalosa bros. get boost from new manager BOXING manager Cameron Dunkin, who handles fivedivision world champion Nonito Donaire, laid out his plans for the sons of former world champion Dodie Boy Peñalosa Sr.—Dodie Boy Jr. and Dave—whom he recently signed up, in a lengthy conversation with The Standard. “I will bring them over to the States, set them up and start them fighting,” said Dunkin, who disclosed that Dodie Boy Sr. “is supposed to tell me when he wants to come. But he said it would be right away. He wants to get started right away.” He said Dodie Boy Sr. will train his two sons and “if he needs any help I’ve got Nonito Donaire Sr. and several other good trainers over here.” Dunkin told The Standard, “the Peñalosa brothers will be on the east coast because I’ve got fights for them in Virginia, New York and Boston and so I’m going to leave them right there which is real close so I can take them out of there and get them quick fights.” Under his plans, Dunkin said he is going to fight them twice a month each, pointing out that he recently signed a kid out of Chicago, who has had seven fights in three months. “That’s what I’m going to do with them. They will be in four- and six-round fights. Lots of activity and right back in the gym again. Lots of hard work in the gym and then right into fights with easy opponents with different styles —short guys, tall guys, left handers, right handers. It will give them a lot of experience in a quick period of time.” Dunkin said he had seen both of them fight. Ronnie Nathanielsz

No favorites in PSL volley THIS year’s edition of the Philippine Superliga Grand Prix will have no clear favorites as teams loaded up their respective rosters with marquee players capable of giving them serious runs for the crown. Powerhouse Petron will be back, but its title is no longer safe with Foton, Philips Gold, Cignal, RC Cola-Air Force and Meralco-DLSU making some major adjustments in the offseason to come up with serious threats in this prestigious women’s inter-club volleyball tournament that unwraps on Oct. 10 at the Alonte Sports Arena in Binan, Laguna. After falling short in the All-Filipino Conference, Foton made a recruiting coup by signing national team mainstay Jaja Santiago to shore up its frontline while enlisting Filipino-American Kayla Williams and beach volley specialist Fiola Ceballos for added firepower.


A16

T H U R S D AY : S E P T E M B E R 3 , 2 0 1 5

RIERA U. MALL ARI EDITOR

REUEL VIDAL A S S I S TA N T E D I T O R

sports@thestandard.com.ph

SPORTS

Roger Federer of Switzerland returns a shot to Leonardo Mayer of Argentina during their 2015 US Open Men’s Singles round 1 match at the USTA Billie Jean King National Tennis Center in New York. AFP

Gilas’ late-game salvo keys win over Japan 5 By Jeric Lopez

GILAS Pilipinas once again saved its best flurry in the fourth quarter. Again starting slow as in their past two games, the nationals put together a solid performance in the fourth quarter to dispose of stillwinless Japan, 75-60, for its second straight victory in the 37th William Jones Cup yesterday at the Xinchuang Gymnasium, Taipei. With the win, Smart Gilas climbed into a 3-1 slate in a tie for second with Chinese Taipei-A and Russia Spar-

Berto ignoring Mayweather ‘hoopla’ TURN TO A14

tak and is now in a good position to contend for the crown it last won in 2012. Iran still leads the tournament (4-1). The nationals opened a killer 18-4 run in the payoff period, as they turned a tight contest into a comfortable finish with a solid team effort on both ends of the floor. Terrence Romeo again led the Gilas’ onslaught, while

getting a lot of help from Moala Tautuaa and Gary David in the final 12 minutes, as they scored clutch baskets. Romeo, the tournament’s leading scorer coming into the game, was his usual dominant self and finished with a team-high 17 points, while Tautuaa scored eight of his 10 points in the fourth. Jayson Castro and Ranidel De Ocampo chipped in 10 points apiece. Entering the final frame, Gilas led by only two, 46-44, and it was anyone’s game until that point. The nationals, however,

turned the heat in the fourth by clamping down on defense, while waxing hot on the offensive end to quickly break the game wide open. David’s triple with 2:28 remaining capped Gilas’ decisive run, giving the nationals an insurmountable 64-48 advantage. Overall, the Philippines outscored Japan 29-16 in the fourth, limiting the Japanese to only four in the first eight minutes of the quarter. The nationals’ lead actually grew to as many as 17 points four times in the final two minutes, as the Japanese failed to contain the Filipi-

4-way tie for golf lead TURN TO A15

nos’ hot shooting. Japan fell to its fourth loss in as many games. The Philippines faces its most difficult assignment when it battles perennial Asian powerhouse Iran at 1 p.m. today in an anticipated rematch of the 2013 FIBA Asia Championship finale. Team Iran Taipei (A) Russia Philippines South Korea USA New Zealand Taipei (B) Japan

W 4 3 3 3 3 2 1 0 0

L 1 1 1 1 2 3 2 3 4

Federer, Murray blast foes NEW YORK—Five-time champion Roger Federer and 2012 winner Andy Murray reached the US Open second round Tuesday as the crushing heat took the number of first-round retirements to a record 10. Second-seeded Federer had little trouble in seeing off Argentina’s world number 34 Leonardo Mayer 6-1, 6-2, 6-2 in just 77 minutes on Arthur Ashe Stadium. The 34-year-old Swiss, bidding to become the oldest champion in New York in 45 years, fired 12 aces, 29 winners and broke serve six times. “I feel good now. I actually wasn’t so confident yesterday. I just felt like maybe it could be one of those matches I just couldn’t see coming,” said Federer. The 17-time Grand Slam champion goes on to face Belgium’s Steve Darcis, who was handed a place in the next stage when Cypriot veteran Marcos Baghdatis retired injured with a groin strain. It was the 10th retirement in the men’s event in the first round; there have also been two pullouts in the women’s draw. Third seed Murray downed the sport’s latest bogeyman, Nick Kyrgios, 7-5, 6-3, 4-6, 6-1 for his fourth win in four meetings against the Australian and third in three Grand Slam matchups this year. The British star, who has made at least the quarterfinals in New York every year since 2010, goes on to tackle France’s Adrian Mannarino. AFP


THURSDAY: SEPTEMBER 3, 2015

RAY S. EÑANO EDITOR

RODERICK T. DELA CRUZ ASSISTANT EDITOR

business@thestandardtoday.com.ph extrastory2000@gmail.com

BUSINESS

B1

HGC losing ‘millions’ in Harbour PSe comPoSite index Closing September 2, 2015

8000 7700 7400 7100 6800 6500

7,072.46 14.40

PeSo-dollar rate

Closing SEPTEMBER 2, 2015 43.50 44.60 45.40

P46.705

46.20

CLOSE

47.00

HIGH P46.690 LOW P46.740 AVERAGE P46.717

By Gabrielle H. Binaday

THE government is losing millions of pesos annually because of its failure to recover a substantial equity stake in Harbour Centre Port Holdings Inc., state-run Home Guaranty Corp. said Wednesday. HGC president Manuel Sanchez said R-II Builders led by businessman Reghis Romero continued to fail to recognize the 32-percent stake of the government in HCPHI. Romero’s R-II Builders holds the remaining 68 percent in HCPHI. “The government has been shortchanged millions and millions of pesos every year because Mr. Reghis Romero doesn’t want to recognize our

remaining 32-percent share in HCPHI,” Sanchez said. Sanchez said Romero was acting and benefiting as the full owner of HCPHI. “We don’t have any seat in the board although we own 32 percent of the company,” he said. Sanchez said HGC could not track how much HCPHI was earning annually because Romero refused to give them a copy of the financial records.

“We don’t have any seat in the board although we own 32 percent of the company,” Sanchez said. Romero earlier offered a P2.9-billion reimbursement for the stake in Smokey Mountain Development Reclamation Project. Finance Secretary and HGC vice chairman Cesar Purisima said in a letter addressed to Vice President and HGC chairman Jejomar Binay that R-II Builders Inc. had offered to settle the Smokey Mountain issue with a P2.9-billion payment and additional P1.1 billion to Social Security System. “In order to help the government from further incurring expenses in shouldering the cost of interest expenses amounting to P500,000 per day and assist in the

reported liquidity issues of HGC, we are offering this settlement proposal to the government for consideration,” the letter read. HGC said it rejected the offer made by Romero. “Mr. Reghis Romero is making an offer which is not acceptable to us, primarily because number one -- the amount that he is offering and number two, because of the conflicting claims and most of these claims are actively being pursued in different courts, “ Sanchez said. R-II Builders signed a contract with the National Housing Authority in 1993 for the development of Smokey Mountain, with HGC as the government guarantor. The project was not completed, prompting HGC to file a case against Romero’s company.

VOLUME 565.986M

P475.00-P675.00 LPG/11-kg tank P39.10-P45.35 Unleaded Gasoline P25.30-P28.55 Diesel

oPriceS il P today

P34.55-P39.15 Kerosene P23.70-P24.40 Auto LPG Bangko Sentral ng Pilipinas Wednesday, September 2, 2015

F oreign e xchange r ate Currency

Unit

US Dollar

Peso

United States

Dollar

1.000000

46.6960

Japan

Yen

0.008354

0.3901

UK

Pound

1.530900

71.4869

Hong Kong

Dollar

0.129032

6.0253

Switzerland

Franc

1.041775

48.6467

Canada

Dollar

0.757863

35.3892

Singapore

Dollar

0.708165

33.0685

Australia

Dollar

0.704176

32.8822

Bahrain

Dinar

2.651816

123.8292

Saudi Arabia

Rial

0.266645

12.4513

Brunei

Dollar

0.705667

32.9518

Indonesia

Rupiah

0.000071

0.0033

Thailand

Baht

0.027960

1.3056

UAE

Dirham

0.272279

12.7143

Euro

Euro

1.130000

52.7665

Korea

Won

0.000848

0.0396

China

Yuan

0.157122

7.3370

India

Rupee

0.015075

0.7039

Malaysia

Ringgit

0.240154

11.2142

New Zealand

Dollar

0.634518

29.6295

Taiwan

Dollar

0.030847

1.4404 Source: PDS Bridge

Fashion fair. The Bureau of Domestic Trade Promotion organizes the Sikat Pinoy National Art and Fashion Fair at the Megatrade Halls of SM Megamall in Mandaluyong City. Shown in a special setting displaying products of the fashion industry from the Cordillera Administrative Region are (from left) Trade Undersecretary Ponciano Manalo Jr., DCP executive director Myrna Sunico and Bureau of Domestic Trade Promotion director Rhodora Leaño.

Ayala Land spending P70b to develop property in Cavite By Jenniffer B. Austria PROPERTY developer Ayala Land Inc. said Wednesday it will invest P70 billion to develop Vermosa, a 700-hectare master planned integrated community in the cities of Imus and Dasmariñas in Cavite province. Ayala Land vice president and head of strategic land bank management group Anna Margarita Dy said in a news briefing the huge property, which the company acquired from an unlisted property firm three years ago, would be its fourth biggest estate development after Nuvali

in Alabang, Alviera in Pampanga and Makati central business district. Vermosa is a mixed-use project that will be developed over the next 12 to 15 years that will include 124-hectare central business district housing various office and commercial developments, hotels and entertainment complex. It will also offer institutional developments such as schools and residential projects to be built by Ayala’s three residential units including Avida, Alveo and Ayala Land Premier. Ayala Land Premier started

selling its first residential development in Vermosa called The Courtyards last year. The company said since launching phase 1 of the The Courtyards with 431 units, it already sold P5 billion worth inventories. Dy said once fully developed, Vermosa would have 3.5 million square meters of built up era with 30,000 residents and 500,000 workers. Vermosa, dubbed as future city, will redefine suburban living by providing a pedestrian-focused environment. Dy said 164 hectares or 24 percent of the entire development

would be set aside for open space, including parks and gardens. Ayala Land will also build a 50-meter olympic size swimming pool, a 400-meter track and field and a sports science club that will be open to the public and will be managed by industry professionals. Phase 1 will involve capital spending of P23 billion over the next five years. These will include development of 10,000 square meters of retail space, the sports and lifestyle activities and The project was timely launched after the recent opening of the Muntinlupa-Cavite Expressway

connecting Daanghari to South Luzon Expressway. Dy said with MCX, travel time between Makati to Cavite will be reduced by 30 percent to just 55 minutes during peak hours. Ayala Land president Bernard Vincent Dy said the property firm would continue to focus on building large scale mixed-use developments strategically located in the country’s emerging growth centers. Vermosa is the third estate to be launched by Ayala Land this year. The two others were Cloverleaf in Balintawak and Capital Central in Bacolod.


THURSDAY: SEPTEMBER 3, 2015

B2

BUSINESS business@thestandard.com.ph extrastory2000@gmail.com

The STandard BuSineSS daily STockS review Wednesday, september 2, 2015

52 Weeks

Previous

High Low 75.3 124.4 107 56.5 2.49 4.2 17 30.45 1.01 100 1.46 30.5 75 91.5 361.2 57 180 124 3.26 47 5 1.46 2.36 15.3 148 20.6 125 36 65.8 2.97 4.14 21.5 21.6 11.96 9.13 11.8 2.89 17 31.8 109 15.3 9.4 241 12.5 4 74 33.9 90 13.26 293 5.25 12.98 15 7.03 3.4 4.5 6.3 7.34 238 3.28 0.315 2.18 2.65 234 5.28 1.3 26 2.17 0.59 59.2 30.05 2.16 7.39 3.4 823.5 10.2 84 3.35 4.92 0.66 1455 7.5 76 9.25 0.85 17.3 0.71 5.53 6.55 9.66 0.0670 1.61 2.99 84.9 974 1.66 156 0.710 0.435 0.510 10.5 1.75 41.4 5.6 5.59 1.44 0.201

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High

Low

FINANCIAL 68 65.85 98.10 95.00 84.50 83.35 41.8 41.7 2.41 2.30 1.31 1.30 15.6 15.3 20.4 18.5 0.385 0.385 83.35 81.5 0.93 0.93 18.68 18.50 24.50 24.50 59.50 57.00 305 298 35.5 34.85 139.8 130.1 53.80 53.00 2.92 2.9 INDUSTRIAL 35.9 Aboitiz Power Corp. 43.25 44 42 1.11 Agrinurture Inc. 1.4 1.54 1.2 1.01 Alliance Tuna Intl Inc. 0.99 0.98 0.92 1.86 Alsons Cons. 1.6 1.59 1.51 7.92 Asiabest Group 9.7 10.1 9.5 32 C. Azuc De Tarlac 90.00 90.00 90.00 15.32 Century Food 16.98 17 16.62 62.5 Chemphil 126 140 126 10.08 Cirtek Holdings (Chips) 27.1 27.2 27 29.15 Concepcion 43.9 43.9 42.95 1.5 Crown Asia 2.68 2.75 2.52 1.5 Da Vinci Capital 1.26 1.3 1.22 10.72 Del Monte 10.8 11.3 10.64 9.55 DNL Industries Inc. 11.060 11.400 10.88 9.04 Emperador 8.40 8.59 8.37 6.02 Energy Devt. Corp. (EDC) 5.99 6.19 5.80 8.86 EEI 8.19 8.17 7.78 1.06 Euro-Med Lab 1.6 1.6 1.58 8.61 Federal Res. Inv. Group 12.76 12.9 12.68 20.2 First Gen Corp. 23.8 23.8 23.15 71.5 First Holdings ‘A’ 69.1 70 67.5 13.24 Holcim Philippines Inc. 13.40 13.42 13.40 5.34 Integ. Micro-Electronics 5.68 5.7 5.5 173 Jollibee Foods Corp. 188.10 192.30 182.00 8.65 Lafarge Rep 10.18 10.26 10.18 1.63 Mabuhay Vinyl 1.7 1.7 1.63 33 Macay Holdings 48.00 50.00 48.00 23.35 Manila Water Co. Inc. 22.5 22.3 21.2 17.3 Maxs Group 21.65 21.5 20.8 5.88 Megawide 5.9 5.8 5.5 250.2 Mla. Elect. Co `A’ 281.00 280.00 270.00 3.87 Pepsi-Cola Products Phil. 4.23 4.09 4.01 8.45 Petron Corporation 7.71 7.78 7.50 10.04 Phinma Corporation 11.50 10.90 10.90 3.03 Phoenix Petroleum Phils. 3.35 3.30 3.10 1.95 Phoenix Semiconductor 2.05 2.05 2.00 1 Pryce Corp. `A’ 2.35 2.44 2.3 4.02 RFM Corporation 4.06 4.06 4.01 5.9 Roxas Holdings 5.74 5.6 2.88 161 San Miguel’Pure Foods `B’ 152 152 148 1.55 Splash Corporation 1.8 1.8 1.75 0.138 Swift Foods, Inc. 0.139 0.139 0.134 1.02 TKC Steel Corp. 1.36 1.38 0.95 2.09 Trans-Asia Oil 1.78 1.80 1.74 152 Universal Robina 192 190.9 182.5 4.28 Victorias Milling 4.22 4.3 4.22 0.640 Vitarich Corp. 0.66 0.66 0.65 10.02 Vivant Corp. 23.50 23.50 23.50 1.2 Vulcan Ind’l. 1.02 1.13 1.01 HOLDING FIRMS 0.44 Abacus Cons. `A’ 0.435 0.435 0.420 48.1 Aboitiz Equity 54.8000 55.7000 53.0000 20.85 Alliance Global Inc. 19.92 20.20 19.48 1.6 Anglo Holdings A 1.10 1.17 1.17 6.62 Anscor `A’ 6.70 6.70 6.55 0.23 ATN Holdings A 0.220 0.220 0.220 634.5 Ayala Corp `A’ 755 760 725 7.390 Cosco Capital 6.83 6.8 6.63 12.8 DMCI Holdings 11.20 11.18 10.84 2.6 F&J Prince ‘A’ 2.8 2.99 2.81 2.26 Filinvest Dev. Corp. 4.15 4.15 4.10 0.152 Forum Pacific 0.185 0.194 0.175 837 GT Capital 1270 1255 1230 5.3 House of Inv. 5.95 6.00 5.95 49.55 JG Summit Holdings 70.70 71.05 69.00 4.84 Lopez Holdings Corp. 6.71 6.74 6.24 0.59 Lodestar Invt. Holdg.Corp. 0.57 0.59 0.55 12 LT Group 12.66 12.96 12.4 0.580 Mabuhay Holdings `A’ 0.55 0.55 0.55 4.2 Metro Pacific Inv. Corp. 5.05 5.06 4.89 4.5 Minerales Industrias Corp. 7.27 7 688 3 MJCI Investments Inc. 3.5 3.5 3.5 0.030 Pacifica `A’ 0.0460 0.0470 0.0440 0.550 Prime Orion 1.790 1.790 1.710 2.26 Republic Glass ‘A’ 2.77 2.61 2.61 59.3 San Miguel Corp `A’ 50.10 51.80 49.50 751 SM Investments Inc. 887.00 885.50 845.00 1.13 Solid Group Inc. 1.18 1.16 1.15 80 Top Frontier 70.000 72.000 70.000 0.211 Unioil Res. & Hldgs 0.2800 0.2800 0.2750 0.179 Wellex Industries 0.1900 0.1910 0.1900 0.310 Zeus Holdings 0.249 0.230 0.210 PROPERTY 6.74 8990 HLDG 6.700 6.980 6.500 1.2 Araneta Prop `A’ 1.160 1.280 1.280 30.05 Ayala Land `B’ 36.65 36.60 35.10 3.36 Belle Corp. `A’ 3.07 3.1 3.02 4.96 Cebu Holdings 4.95 4.95 4.95 0.79 Century Property 0.71 0.7 0.65 0.083 Crown Equities Inc. 0.102 0.110 0.100 66 88.05 88.1 45.45 1.97 1.68 12.02 19.6 0.225 78 0.9 17.8 58 62 276 41 118.2 59 2.65

Asia United Bank Banco de Oro Unibank Inc. Bank of PI China Bank BDO Leasing & Fin. INc. Bright Kindle Resources COL Financial Eastwest Bank MEDCO Holdings Metrobank Natl. Reinsurance Corp. PB Bank Phil Bank of Comm Phil. National Bank PSE Inc. RCBC `A’ Security Bank Union Bank Vantage Equities

Trading Summary FINANCIAL INDUSTRIAL HOLDING FIRMS PROPERTY SERVICES MINING & OIL GRAND TOTAL

SHARES 9,184,395 63,820,209 233,134,756 135,741,350 603,863,521 892,483,661 1,943,298,072

68.1 97.65 84.50 42.5 2.52 1.32 15.5 20.1 0.405 83.9 0.91 18.66 25.00 60.00 300 35.15 136.2 53.70 2.92

Close

%

Net Foreign

Change Volume

Trade/Buying

68 98.00 84.50 41.8 2.38 1.30 15.5 20 0.385 83.35 0.93 18.60 24.50 58.95 300 35.05 138 53.00 2.9

-0.15 0.36 0.00 -1.65 -5.56 -1.52 0.00 -0.50 -4.94 -0.66 2.20 -0.32 -2.00 -1.75 0.00 -0.28 1.32 -1.30 -0.68

19,160 2,548,420 1,612,380 6,200 147,000 10,000 8,400 210,300 50,000 2,571,700 39,000 506,900 100 46,090 54,430 173,200 1,074,130 34,830 71,000

12,225.50 50,172,007.00 -77,551,262.00 41,700.00

43.5 1.54 0.98 1.59 9.75 90.00 16.98 127 27.15 42.95 2.67 1.29 11 11.100 8.59 6.19 7.78 1.58 12.9 23.8 69 13.40 5.67 192.30 10.2 1.7 50.00 21.55 21 5.69 279.20 4.05 7.55 10.90 3.30 2.04 2.37 4.06 5.6 148 1.75 0.138 0.95 1.80 187.9 4.3 0.65 23.50 1.01

0.58 10.00 -1.01 -0.63 0.52 0.00 0.00 0.79 0.18 -2.16 -0.37 2.38 1.85 0.36 2.26 3.34 -5.01 -1.25 1.10 0.00 -0.14 0.00 -0.18 2.23 0.20 0.00 4.17 -4.22 -3.00 -3.56 -0.64 -4.26 -2.08 -5.22 -1.49 -0.49 0.85 0.00 -2.44 -2.63 -2.78 -0.72 -30.15 1.12 -2.14 1.90 -1.52 0.00 -0.98

4,085,500 13,000 12,000 1,044,000 4,900 10 933,400 470 346,400 266,800 1,303,000 146,000 1,908,400 6,176,400 447,700 11,229,400 907,300 140,000 2,500 784,600 264,810 70,300 206,200 861,030 861,100 17,000 27,000 2,641,600 669,100 2,264,400 328,400 1,546,000 2,087,700 200 322,000 441,000 310,000 117,000 20,200 430 134,000 50,000 7,000 313,000 4,002,510 163,000 299,000 200 32,000

0.435 55.7000 20.20 1.17 6.70 0.220 760 6.73 11.10 2.99 4.10 0.194 1250 5.95 70.50 6.74 0.57 12.8 0.55 5.01 7 3.5 0.0450 1.790 2.61 50.25 881.00 1.16 71.000 0.2800 0.1900 0.230

0.00 1.64 1.41 6.36 0.00 0.00 0.66 -1.46 -0.89 6.79 -1.20 4.86 -1.57 0.00 -0.28 0.45 0.00 1.11 0.00 -0.79 -3.71 0.00 -2.17 0.00 -5.78 0.30 -0.68 -1.69 1.43 0.00 0.00 -7.63

80,000 1,198,950 -14,307,995.00 5,401,000 527,732.00 1,000 3,900 450,000 368,170 19,711,400.00 1,061,700 2,844,418.00 9,144,500 4,577,558.00 180,000 147,000 90,000 363,035 -165,729,225.00 851,000 4,999,000.00 2,804,720 -43,225,240.00 2,713,400 2,557,534.00 49,000 2,239,700 -6,135,266.00 20,000 19,098,700 7,633,550.00 30,600 -37,914.00 10,000 181,000,000 135,000.00 1,673,000 -119,860.00 2,000 180,800 -3,833,377.00 381,350 -114,816,395.00 17,000 11,660 -786,134.50 910,000 1,100,000 300,000

6.980 1.280 36.40 3.06 4.95 0.68 0.104

4.18 10.34 -0.68 -0.33 0.00 -4.23 1.96

371,000 4,000 12,726,800 3,453,000 5,000 15,189,000 6,640,000

697,320.00 -65,550,220.00 -9,042,654.00 2,450.00 338,210.50 862,212.00 584,670.00 3,603,023.00 -408,850.00 77,342,980.00 -294,100.00 -3,414,836.00 1,316,405 -162,060.00 1,290.00 18,794,390.00 25,751,032.00 738,810.00 2,917,341.00 -1,702,248.00 -2,663,195.00 2,852,233.00 649,900.00 3,730,638.00

-7,534,060.00 -8,573,450.00 -1,737.00 -25,332,182.00 -46,980.00 -570,075.00 -23,600.00 16,000.00 137,530.00

17,500.00

-154,984,301.00 316,500.00

1,463,089.00 50,307,425.00 -4,112,500.00 -8,862,580.00

52 Weeks

Previous

High Low 0.69 10.96 0.305 2.22 2.1 1.8 5.94 0.180 0.470 31.8 2.29 4.9 21.35 1.06 7.56 1.62 8.59

0.415 2.4 0.188 1.15 1.42 1.27 4.13 0.090 0.290 22.15 1.6 3.1 15.08 0.69 3.38 0.83 5.73

10.5 66 1.44 1.09 14.88 15.82 0.1430 5.06 99.1 12.3 7.67 4 1700 2720 8.41 1.97 119.5 7 0.017 0.8200 2.2800 12.28 3.32 2.53 95.5 1 2.46 15.2 0.62 1.040 22.8 6.41 4 185 22.9 3486 0.760 2.28 46.05 90.1

1.97 35.2 1 0.63 10.5 8.6 0.0770 2.95 56.1 10.14 4.8 2.58 830 1600 5.95 1.23 102.6 3.01 0.011 0.041 1.200 6.5 1.91 1.01 3.1 0.650 1.8 6 0.335 0.37 14.54 3 2.28 79 4.39 2748 0.435 1.2 31.45 60.55

STOCKS

Close

Cyber Bay Corp. Double Dragon Ever Gotesco Global-Estate Filinvest Land,Inc. Interport `A’ Megaworld MRC Allied Ind. Phil. Estates Corp. Robinson’s Land `B’ Rockwell Shang Properties Inc. SM Prime Holdings Sta. Lucia Land Inc. Starmalls Suntrust Home Dev. Inc. Vista Land & Lifescapes

11.6 0.85 10 0.490 1.9

2GO Group’ ABS-CBN Acesite Hotel APC Group, Inc. Asian Terminals Inc. Bloomberry Boulevard Holdings Calata Corp. Cebu Air Inc. (5J) Centro Esc. Univ. DFNN Inc. Easy Call “Common” FEUI Globe Telecom GMA Network Inc. Harbor Star I.C.T.S.I. Imperial Res. `A’ IP E-Game Ventures Inc. Island Info ISM Communications Leisure & Resorts Liberty Telecom Lorenzo Shipping Manila Broadcasting Manila Bulletin Manila Jockey Melco Crown MG Holdings NOW Corp. Pacific Online Sys. Corp. PAL Holdings Inc. Paxys Inc. Phil. Seven Corp. Philweb.Com Inc. PLDT Common PremiereHorizon Premium Leisure Puregold Robinsons RTL SBS Phil. Corp. 7.59 SSI Group 0.63 STI Holdings 5 Travellers 0.315 Waterfront Phils. 1.14 Yehey

0.0098 17.24 0.330 12.8 1.19 1.62 9.5 4.2 0.48 0.420 0.440 0.022 8.2 49.2 4.27 1.030 3.06 0.020 7.67 12.88 10.42 0.040 420 9

0.0043 6.47 0.236 5.11 0.85 0.77 5.99 1.17 0.305 0.2130 0.2160 0.013 3.240 18.96 2.11 0.365 1.54 0.012 5.4 7.26 2.27 0.015 115.9 3.67

Abra Mining Atlas Cons. `A’ Basic Energy Corp. Benguet Corp `B’ Century Peak Metals Hldgs Coal Asia Dizon Ferronickel Geograce Res. Phil. Inc. Lepanto `A’ Lepanto `B’ Manila Mining `A’ Marcventures Hldgs., Inc. Nickelasia Nihao Mineral Resources Omico Oriental Peninsula Res. Oriental Pet. `A’ Petroenergy Res. Corp. Philex `A’ PhilexPetroleum Philodrill Corp. `A’ Semirara Corp. TA Petroleum

70 553 118 515 8.21 12.28 111 1047 76.9 78.95 84.8

33 490 101 480 5.88 6.5 101 1011 74.2 74.5 75

ABS-CBN Holdings Corp. Ayala Corp. Pref `B1’ First Gen F GLOBE PREF P GMA Holdings Inc. Leisure and Resort MWIDE PREF PF Pref 2 SMC Preferred A SMC Preferred B SMC Preferred C

6.98

0.8900 LR Warrant

15 88 12.88

3.5 13.5 5.95

130.7

105.6 First Metro ETF

Makati Fin. Corp. IRipple E-Business Intl Xurpas

High

VALUE 786,274,002.25 1,680,908,829.61 1,797,987,065.444 1,199,532,166.00 2,674,841,703.38 291,107,655.361 8,493,237,471.544

FINANCIAL 1,550.77 (DOWN) 1.88 INDUSTRIAL 10,853.74 (DOWN) 26.23 HOLDING FIRMS 6,527.38 (UP) 0.11 PROPERTY 2,932.87 (DOWN) 12.23 SERVICES 1,819.98 (DOWN) 18.01 MINING & OIL 11,146.66 (DOWN) 218.40 PSEI 7,072.46 (DOWN) 14.40 All Shares Index 4,037.83 (DOWN) 6.66 Gainers: 60 Losers: 107; Unchanged: 43; Total: 210

Close

%

Net Foreign

Change Volume

Trade/Buying

0.405 13.5 0.161 1.06 1.80 1.46 4.29 0.083 0.2600 28.85 1.63 3.25 19.86 0.71 7.16 0.670 5.900

0.410 0.395 0.410 13.8 12.9 13.78 0.161 0.161 0.161 1.07 1.03 1.04 1.79 1.74 1.76 1.45 1.39 1.44 4.3 4.1 4.3 0.083 0.083 0.083 0.2500 0.2500 0.2500 28.80 28.50 28.70 1.6 1.6 1.6 3.35 3.22 3.35 19.92 19.18 19.84 0.71 0.67 0.71 7.12 4.1 7.05 0.690 0.690 0.690 5.890 5.720 5.850 SERVICES 8.48 8.85 8.08 8.74 60.5 61.4 60 60.2 1.09 1.08 1.08 1.08 0.530 0.560 0.500 0.550 11.4 11.5 11.48 11.48 6.85 6.86 6.62 6.84 0.0610 0.0630 0.0600 0.0610 3.95 3.94 3.88 3.94 87 88.2 85.3 88 10.36 10 10 10 4.78 4.90 4.50 4.75 3.19 2.73 2.72 2.72 920.5 920.5 920 920 2582 2580 2500 2574 6.28 6.40 6.15 6.28 1.16 1.18 1.15 1.15 90 89 86 89 6.00 5.50 5.00 5.50 0.012 0.012 0.011 0.011 0.173 0.170 0.162 0.169 1.3600 1.3900 1.3200 1.3700 7.70 7.79 7.38 7.77 2.61 2.71 2.41 2.65 1.27 1.16 1.14 1.16 37.00 36.50 36.50 36.50 0.580 0.630 0.580 0.590 2 2 1.96 2 5.95 5.95 5.66 5.67 0.300 0.300 0.280 0.285 0.410 0.410 0.410 0.410 18.8 19.16 18.2 18.2 4.62 4.61 4.30 4.61 2.8 3.08 2.8 3.08 100.00 103.00 100.00 103.00 18.54 18.54 17.72 18.54 2446.00 2438.00 2398.00 2412.00 0.630 0.610 0.610 0.610 1.290 1.260 1.210 1.210 32.00 31.90 30.90 31.50 67.25 69.90 65.00 67.90 4.80 4.86 4.56 4.78 7.08 7.04 6.70 6.80 0.57 0.57 0.55 0.56 4.02 4.02 3.89 3.99 0.310 0.310 0.310 0.310 2.390 2.500 2.250 2.480 MINING & OIL 0.0048 0.0048 0.0046 0.0047 4.43 4.40 4.25 4.30 0.200 0.190 0.183 0.183 7.2000 6.05 6.02 6.0500 0.7 0.72 0.68 0.72 0.7 0.69 0.66 0.67 5.76 6.69 5.65 6.00 1.11 1.16 1.06 1.15 0.295 0.295 0.290 0.295 0.185 0.185 0.182 0.185 0.204 0.202 0.190 0.202 0.012 0.012 0.011 0.012 2.26 2.2 2.11 2.12 7.6 8.39 7.2 8.26 3.26 3.37 3.17 3.25 0.5400 0.5300 0.5300 0.5300 1.2700 1.3000 1.2000 1.2400 0.0091 0.0089 0.0081 0.0089 3.96 3.96 3.96 3.96 5.20 5.200 5.030 5.16 1.71 1.680 1.510 1.68 0.0110 0.0110 0.0100 0.0110 125.30 130.00 122.00 128.00 2.74 2.69 2.47 2.69 PREFERRED 61.4 60.8 59.5 59.9 522 528 522 528 118.1 118.1 118.1 118.1 520 520 520 520 6 6 6 6 1.08 1.11 1.07 1.11 108 108.5 108.5 108.5 1016 1018 1015 1018 75.55 75.55 75.55 75.55 81.5 78.05 78 78 81 82.95 80 81 WARRANTS & BONDS 3.150 3.150 3.080 3.150 SME 4.5 4.5 4.5 4.5 55 60.45 55 60.45 11.1 11.36 10.5 11.32 EXCHANGE TRADED FUNDS 116 116 113.1 115.3

T op g ainerS STOCKS

Low

1.23 2.07 0.00 -1.89 -2.22 -1.37 0.23 0.00 -3.85 -0.52 -1.84 3.08 -0.10 0.00 -1.54 2.99 -0.85

540,000 3,117,400 400,000 2,943,000 28,200,000 1,720,000 23,563,000 10,000 50,000 3,219,800 11,000 22,000 16,857,500 637,000 5,000 14,000 10,237,900

3.07 -0.50 -0.92 3.77 0.70 -0.15 0.00 -0.25 1.15 -3.47 -0.63 -14.73 -0.05 -0.31 0.00 -0.86 -1.11 -8.33 -8.33 -2.31 0.74 0.91 1.53 -8.66 -1.35 1.72 0.00 -4.71 -5.00 0.00 -3.19 -0.22 10.00 3.00 0.00 -1.39 -3.17 -6.20 -1.56 0.97 -0.42 -3.95 -1.75 -0.75 0.00 3.77

594,900 29,430 10,000 2,319,000 2,500 18,162,500 17,590,000 123,000 1,036,920 1,600 99,000 10,000 1,720 114,450 32,800 52,000 2,085,850 800 10,100,000 690,000 222,000 347,200 883,000 12,000 100 55,000 60,000 1,504,200 380,000 20,000 71,500 38,000 32,000 220 104,900 261,360 454,000 47,185,000 868,000 1,238,410 2,408,000 4,318,300 2,093,000 3,491,000 200,000 149,000

-2.08 -2.93 -8.50 -15.97 2.86 -4.29 4.17 3.60 0.00 0.00 -0.98 0.00 -6.19 8.68 -0.31 -1.85 -2.36 -2.20 0.00 -0.77 -1.75 0.00 2.15 -1.82

668,000,000 -47,000.00 227,000 65,740.00 70,000 700 1,999,000 159,000 7,200 8,987,000 2,513,730.00 20,000 4,180,000 -7,320.00 2,420,000 -247,000.00 52,400,000 700,000 -992,920.00 14,020,200 9,054,507.00 3,087,000 32,500.00 5,000 1,715,000 122,000.00 7,000,000 13,000 373,800 300,416.00 2,339,000 -151,850.00 122,500,000 5,500.00 1,083,060 -12,156,183.00 1,015,000 13,300.00

-2.44 1.15 0.00 0.00 0.00 2.78 0.46 0.20 0.00 -4.29 0.00

114,040 12,960 10 700 140,900 3,000 200 8,015 34,970 7,100 58,040

0.00

57,000

0.00 9.91 1.98

1,000 80 5,012,700

-0.60

56,400

35,606.00 -469,550.00 -3,207,940.00 -14,000.00 29,774,050.00 28,367,060.00 -70,442,826.00 5,460.00 -38,173,410.00

-33,813,164.00 -7,859,174.50

-1,582,410.00 -36,368,640.00 -40,836,186.50 1,200.00 265,436.00

-536,522.00 3,000.00

5,880.00 22,030.00 -1,057,786.00 -417,920,250.00 -213,500.00 -9,091,060.00 3,757,335.00 -20,628,293.00 1,867,555.00 -978,520.00 -3,566,660.00

2,757,016.50

-778,200.00

25,929,726.00

T op L oSerS Close (P)

Change (%)

STOCKS

Close (P)

Change (%)

Araneta Prop `A'

1.280

10.34

TKC Steel Corp.

0.95

-30.15

Paxys Inc.

3.08

10.00

Benguet Corp `B'

6.0500

-15.97

Agrinurture Inc.

1.54

10.00

Easy Call "Common"

2.72

-14.73

IRipple E-Business Intl

60.45

9.91

Lorenzo Shipping

1.16

-8.66

Nickelasia

8.26

8.68

Basic Energy Corp.

0.183

-8.50

F&J Prince 'A'

2.99

6.79

IP E-Game Ventures Inc.

0.011

-8.33

Anglo Holdings A

1.17

6.36

Imperial Res. `A'

5.50

-8.33

Forum Pacific

0.194

4.86

Zeus Holdings

0.230

-7.63

8990 HLDG

6.980

4.18

Premium Leisure

1.210

-6.20

Dizon

6.00

4.17

Marcventures Hldgs., Inc.

2.12

-6.19


THURSDAY: SEPTEMBER 3, 2015

BUSINESS business@thestandard.com.ph extrastory2000@gmail.com

B3

Robinsons buys appliance chain By Jenniffer B. Austria

ROBINSONS Retail Holdings Inc. of the Gokongwei Group acquired 90 percent of an electronics and appliance store chain to further expand and strengthen its presence in the sector.

Robinsons Retail said in a disclosure to the stock exchange wholly-owned unit Robinsons Inc. signed a partnership with Saver’s Appliance Depot, a consumer electronics and home appliance store chain owned and operated by Savers Electronics World Inc. Rebinsons Retail did not provide the acquisition cost. Saver’s Appliance operates 24 stores--three in Metro Manila, 13 in Central Luzon and eight in Cagayan Valley. Total gross floor area is placed at 25,900 square meters. “We are excited to partner with Saver’s Appliance Depot in growing the consumer electronics and appliance business of the group. As the economic expands, discretionary spending is seen to surge ahead and this format should be a strong beneficiary,” said Robinsons Retail president and chief operating officer Robina Gokongwei-Pe. “Also, the increasing scale of the group, is expected to strengthen our market position in the

industry,” she said. Saver’s Appliance Depot opened its first appliance store in 1986 and has been operational for 29 years. After the purchase, Saver’s Appliance will continue to be managed by Jaime Uy as the managing director. “We are happy to become part of the Robinsons Retail family. The group has proven track record in growing and retaining the equity value of the companies or businesses that they acquired. We have strong presence in Northern Luzon which should add to the group’s growing presence in the region,” Uy said. Robinsons Retail is the country’s second largest multi-format retailer in the country. It is engaged in several retail formats, including supermarkets, department stores, and Do-It-Yourself, convenience, drug and specialty stores. The retail company is also exploring expansions into other retail segments, such as home furniture, sporting goods, school and office supplies, which will complement the company’s existing portfolio. Robinsons Retail in the first half of the year recorded a net income of P1.86 billion, up 36 percent from P1.37 billion year-on-year, due to increased income from operations as a result of new store openings and higher interest income from bond investments. Consolidated revenues increased 12 percent to P41.35 billion from P36.97 billion in 2014.

Freeing the Philippine shipping industry

THE thrust toward economic policy reform that followed the election to the presidency of Fidel Ramos produced laws and presidential directives that rationalized, through the removal of entry barriers, the transportation and communication sectors of the Philippine economy. Unfortunately, one segment of the transportation sector got left out of the reform process. That mistake was corrected by a signing ceremony in Malacanang several weeks ago. On that occasion, President Aquino affixed his signature to the Cabotage Act of 2015 (Republic Act No. 10668). The signing marked the end of the odyssey of those, within and outside the government, who had long sought the overhaul of a shipping regulatory system that they considered out of date, discriminatory and, above all, economically unsound. The changes that the Cabotage Act of 2015 has brought about consists of three parts, namely, the Act will (1) allow ships of foreign registry to call at Philippine ports, (2) allow ships of foreign registry to engage in coastwise shipping (cabotage in French), i.e., the carriage of goods from one Philippine port to another Philippine port, and (3) enable Philippine exporters and importers to load their shipments on ships of foreign registry. The new law is a real game-changer. Prior to the Malacanang signing ceremony, foreign vessels were not allowed to engage in cabotage. The approval of the Cabotage Act of 2015 is no small victory, for the reservation of the right of cabotage to Philippine vessels was something that the domestic shipping industry jealously guarded and zealously defended. I have personal knowledge of this, from my days as a business columnist for a newspaper whose owner was also the owner of a shipping company. In one column I wrote about the economic unsoundness of the then-Cabotage Act. That column was not print-

ed. I got the message, and I did not touch that subject again. One does not need a degree from the London School of Economics, or any other school for that matter, to appreciate that the cost of shipping goods – whether by sea or land or air – impacts on the prices of goods and that high shipping costs, by pushing up product prices, are inflationary. Just how inflationary high shipping costs are has been illustrated in an oft-quoted example provided by Joint Foreign Chambers of Commerce in the Philippines, which has been one of the most fervent proponents of an overhauled cabotage law. The freight for shipping a 40-foot container from Manila to Cagayan de Oro is around a $1,680. On the other hand, if the shipment were transshipped from Hong Kong or Kaohsiung, the freight would be only around $1,144, or $1,044, respectively. The difference is a massive 43 percent. PIDS (Philippine Institute of Development Studies), in a 2014 study, correctly singled out the absence of foreign competition as a principal cause for the high costs of shipping goods in and out of the Philippines and within the Philippines. To economists, and to producers and distributors of goods, competition is everything. With the entry of foreign-flag vessels, the oligopolistic position of the domestic shipping companies has ended. The Cabotage Act of 2015 has come as an enormous gust of wind into the Philippine shipping industry. Things will never be the same again. The coming into force of the Cabotage Act of 2015 is by no means the end of the story for this country’s maritime transportation system. There are other issues to be resolved. Of these, the state of Philippine ports is the most important and the most urgent. But a new ballgame has begun. As for me, I now write freely about the Philippine shipping industry and my columns on the subject get printed.

Republic of the Philippines ENERGY REGULATORY COMMISSION San Miguel Avenue, Pasig City IN THE MATTER OF THE APPLICATION FOR APPROVAL OF CAPITAL EXPENDITURE PROJECTS FOR CALENDAR YEAR 2015 ERC CASE NO. 2015-149 RC VISAYAN (VECO),

ELECTRIC

COMPANY,

INC.

Applicant.

x- - - - - - - - - - - - - - - - - - - - - - - - - - x

NOTICE OF PUBLIC HEARING TO ALL INTERESTED PARTIES: Notice is hereby given that on August 4, 2015, the Visayan Electric Company, Inc. (VECO) filed with the Commission an application for the approval of its capital expenditure projects for calendar year 2015. In the said application, VECO alleged, among others, that: 1.

It is a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with principal office address at J. Panis Street, Banilad, Cebu City. It is a duly authorized distribution utility of the electric light and power distribution service in the Municipalities of San Fernando, Minglanilla, Consolacion and Lilo-an and the Cities of Naga, Talisay, Cebu and Mandaue, all in the Province of Cebu, pursuant to its franchise under Republic Act No. 9339. It may be served with the orders, notices and processes of the Commission through its counsel at the address indicated;

2.

In accordance with Resolution No. 26, Series of 2009 of the Commission, otherwise known as the “Amended Rules for the Approval of Regulated Entities’ Capital Expenditure Projects”, it hereby applies for the authority of the Commission to implement the construction, ownership and operation of the following Capital Expenditure Projects which will be implemented for Calendar Year 2015, summarized and enumerated as follows:

Project Name

Project Cost (PhP)

Mandaue to Consolacion 69 kV Line Quiot to Ayala 69 kV Line Camputhaw Transformer 2 Mabolo Transformer 2 Quiot Transformer 2 Customer Applications Line Maintenance Loss Reduction Program Overhead Devices Substation Maintenance Testing Equipment Residual Meter Data Management Mobile Applications Project Aguila Project Hyperion Single Sign On WAM Phase 2 Consultancy TOTAL 3.

16,187,630.27 37,732,610.44 48,308,880.16 36,500,808.74 88,199,832.72 216,332,576.72 98,902,140.54 89,205,492.18 20,358,886.37 17,098,232.80 8,800,000.00 347,864,760.73 19,160,391.00 213,888.00 4,302,397.00 8,880,000.00 3,840,000.00 337,920.00 1,062,226,447.67

The justifications for its CAPEX for Calendar Year 2015 are discussed in detail in Annex “A”, including sub-annexes, in support of its application and containing the following: a. b. c. d. e. f.

Major Project Description and Justification; Project Cost Estimates; Technical Analysis; Economic Analysis; Project Schedule; and VECO Distribution Development Plan;

4.

The total cost of the proposed CAPEX for CY 2015 is estimated at PhP1,062,226,447.67 to be funded from long term loans to be secured by it;

5.

The construction, ownership and operation of the above CAPEX CY 2015 has been approved by its Board of Directors as evidenced by the Secretary’s Certificate attached to its application as Annex “B” thereof;

6.

The foregoing CAPEX for Calendar Year 2015 are indispensable for the systematic and economic expansion and rehabilitation of tis distribution facilities and ensuring compliance with safety, performance and regulatory requirements. It will ultimately benefit customers in terms of continuous, reliable and efficient power supply; and

7.

It prays that the Commission: 1.

Approve the Capital Expenditure Projects for Calendar Year 2015 listed in paragraph 2 of its Application; and

2.

Grant it the authority to implement, construct, own and operate said Capital Expenditure Projects.

The Commission has set the application for jurisdictional hearing, expository presentation, pre-trial conference and evidentiary hearing on September 23, 2015 (Wednesday) at eleven o’clock in the morning (11:00 A.M.) at the ERC Visayas Field Office, St. Mary’s Drive, Banilad, Cebu City. All persons who have an interest in the subject matter of the proceeding may become a party by filing, at least five (5) days prior to the initial hearing and subject to the requirements in the ERC’s Rules of Practice and Procedure, a verified petition with the Commission giving the docket number and title of the proceeding and stating: (1) the petitioner’s name and address; (2) the nature of petitioner’s interest in the subject matter of the proceeding, and the way and manner in which such interest is affected by the issues involved in the proceeding; and (3) a statement of the relief desired. All other persons who may want their views known to the Commission with respect to the subject matter of the proceeding may file their opposition to the application or comment thereon at any stage of the proceeding before the applicant concludes the presentation of its evidence. No particular form of opposition or comment is required, but the document, letter or writing should contain the name and address of such person and a concise statement of the opposition or comment and the grounds relied upon. All such persons who may wish to have a copy of the application may request the applicant, prior to the date of the initial hearing, that they be furnished with a copy of the application. The applicant is hereby directed to furnish all those making such request with copies of the application and its attachments, subject to reimbursement of reasonable photocopying costs. Likewise, any such person may examine the application and other pertinent records filed with the Commission during the usual office hours. WITNESS, the Honorable Chairman, JOSE VICENTE B. SALAZAR, and the Honorable Commissioners, ALFREDO J. NON, GLORIA VICTORIA C. YAP-TARUC, JOSEFINA PATRICIA A. MAGPALE-ASIRIT, and GERONIMO D. STA. ANA, Energy Regulatory Commission, this 17th day of August, 2015 at Pasig City. ATTY. FRANCIS SATURNINO C. JUAN Executive Director III

E-mail: rudyromero777@yahoo.com LVB/NJS/2015-149 RC VECO CAPEX NPH.doc.

(TS-SEPT. 3 & 10, 2015)


THURSDAY: SEPTEMBER 3, 2015

B4

BUSINESS business@thestandard.com.ph extrastory2000@gmail.com

IN BRIEF

Emergency MRT contract THE Transportation Department said Wednesday it secured an approval from the Government Procurement Policy Board to work out an emergency procurement for a three-year maintenance contract for Metro Rail Transit Line 3. “We were given the go signal by the GPPB last to pursue this mode of negotiated procurement. We’re targeting to award the contract within the year, and to have the new maintenance provider begin its services in January next year,” Transport Secretary Joseph Emilio Abaya said. Emergency procurement is the purchase of goods and services, without formal advertising and price competition, in order to implement urgent programs and projects. The GPPB unanimously approved the application of the Transportation Department to resort to the negotiated mode of procurement on Aug. 20, pursuant to Section 53.2 of the implementing rules and regulations of the Procurement Law. This was in recognition of the urgent need to address the railway’s maintenance requirements, according to the agency. Darwin G. Amolejar

SM building 20 new malls SM Prime Holdings Inc., the country’s largest integrated property developer, said it is on track with its target to operate 75 shopping malls by the end of 2018. “It is in the bag. It is all planned out,” SM Prime president Hans Sy said in an interview at the sidelines of the SM Prime’s partnership with Walt Disney at the Mall of Asia Arena in Pasay City. “I have to say that because putting up a mall is not only one year. So we are very much on track with hitting 75 malls by 2018,” Sy said. SM Prime now has 55 shopping malls, including 50 in the Philippines and five in China. SM Prime is set to open three shopping malls this year, including SM Sangandaan, SM Cabanatuan and SM Seaside Cebu City. It will also open SM Zibo in China. Sy said SM Zibo had a soft opening in August. Jenniffer B. Austria

Leyte geothermal bid fails POWER Sector Assets and Liabilities Management Corp. declared a failure on the bidding for an independent power producer administrator that will manage the bulk energy of the Unified Leyte Geothermal Power Plants. PSALM president Lourdes Alzona said “only one bidder” submitted a bid during Wednesday’s privatization process. Unified Leyte Geothermal Energy Inc., a subsidiary of Energy Development Corp. submitted a bid. “Yes, [it was a] failed biding for Unified Leyte Bulk IPPA. Only ULGEI submitted a bid. Trans-Asia [Oil and Energy Development Corp.] did not bid. We manifested our willingness to negotiate,” EDC executive vice president Ernesto Pantangco said. Trans-Asia Oil, a unit of the Phinma Group, earlier said would not pursue its bid. Alena Mae S. Flores

San Miguel wins US case SAN Miguel Corp. said Wednesday it won a trademark case for the use of the “Magnolia” brand for butter, margarine and cheese products in the United States. The 9th Circuit US Court of Appeals rendered a decision on Aug. 27, denying the appeal filed by Ramar International Corp. in March 2013 judgment of the US District Court for the Central District of California in favor of San Miguel Corp., San Miguel Pure Foods Company Inc. and Magnolia Inc. regarding the use by San Miguel of the “Magnolia” brand for butter, margarine and cheese products sold by it in the United States. The Court of Appeals also reversed the injunction issued by the District Court that prevented San Miguel from using the “Magnolia” brand for new Magnolia food products in the US, as Ramar failed to prove that it suffered any irreparable injury from San Miguel’s use of the Magnolia mark on its products in the US.

Kaagapay award. DMCI Homes vice president for finance Evangeline Atchioco (fifth from left) holds

the Gawad Kaagapay trophy handed over to her by Land Bank of the Philippines president and chief executive Gilda Pico (fourth from left) during the awarding ceremony held at the Manila Hotel. Joining them are other executives of Land Bank together with the event’s keynote speaker, Securities and Exchange Commission chairman Teresita Herbosa (third from right).

Xurpas set to invest P900m in Globe unit By Darwin G. Amojelar

CONSUMER technology provider Xurpas Inc. is acquiring a majority stake in Yondu Inc., a wholly-owned subsidiary of Globe Telecom.

Globe said it signed an agreement with Xurpas which would invest P900 million for a 51-percent equity stake in Yondu, subject to certain conditions. The investment solidifies Globe Telecom’s and Xurpas’ partnership in the Internet and digital space and will transform Yondu into a regional arm for digital content distribution and other technology-driven services. “Globe is very excited to be partnering with Xurpas in taking Yondu to the next level. Over the past few years, we have built the company into a great platform for media and content innovation and it is time to bring our aspirations regional,” Globe president and chief executive Ernest Cu said. “In keeping with our partnership model, we have chosen to work with Xurpas to make this happen. Their track record in building businesses centered on consumer content will round

out the technical and innovative capabilities of Yondu,” he said. Xurpas, which conducted a highly successful initial public offering in 2014, expanded regionally, acquiring and investing in various content and distribution companies to expand its digital footprint across Southeast Asia. The acquisition of Yondu spurred Xurpas’ continued expansion beyond the Philippines. “Globe has been our strongest partner in the Philippines and the investment into Yondu strengthens our joint capabilities to bring world class digital products to the global audience” Xurpas chief executive Nix Nolledo said. Xurpas, which was listed in the Philippine Stock Exchange in December 2014, made four strategic acquisitions with total investment of $6.7 million. These include 21.78-percent interest in Singapore IT company Altitude Games PTE Ltd.; 49 percent of PT Sembilan Digital Investama, owner of the Indonesian mobile content company PT Ninelives Interactive; 51 percent of Storm Flex Systems Inc.; and most recently a 31.52-percent stake in MatchMe Pte. Ltd., a Singapore-based mobile and web tournament games platform. Xurpas said it would continue to invest in mobile content service segment as the key driver of the business.

Bat-Man gas line auction deferred

By Alena Mae S. Flores THE Energy Department withdrew the planned 100-kilometer Batangas-Manila gas pipeline project from the list of publicprivate partnership projects that will be offered to investors this year. PPP Center executive Cosette Canilao said the department withdrew the Bat-Man 1 project from the list of the National Economic Development Authority, which meant the bidding for the project could not be held this year. PPP Center tapped the Rebel Group International BV to conduct the feasibility study for the project. “Actually, DoE pulled it out from the NEDA,” Canilao said. Melita Obillo, director of the Oil Industry Management Bureau, said there were pending issues that needed to be resolved prior to the bidding of Bat-Man 1. “The DoE has several questions to the technical advisor of the PPP that they have to address. I am not sure if we can still do it this year,” Obillo said.

Economy begins to buckle in El Niño’s wake THE dry spell is not yet near its peak but certain sectors of the economy are starting to feel the heat. Manila Water Co. Inc. and Maynilad Water Services Inc. received last month a notice of reduced water allocation from the National Water Resources Board amid the El Niño weather phenomenon that is expected to last until May next year. Earlier, the Philippine Statistics Authority reported that the dry spell and insufficient rainfall in many parts of the Philippines significantly cut palay production in the April-to-June period. Corn production, the statistics agency noted, fell 15.8 percent to 1 million MT in the second quarter from 1.2 million MT last year. Lower corn harvest was observed in the Davao region, Soccsksargen, Cagayan Valley, Northern Mindanao and the Bicol area due to insufficient water supply. The lower farm output has already prompted the Philippines to increase rice imports in preparation for potential shortages. Lower water levels in dams, meanwhile, will reduce the generating capacity of hydro-electric dams and exert upward pressure on electricity rates. This will prompt other utilities to maximize the output of power plants that rely on more expensive fuel, such as coal, geothermal

and wind. Falling oil prices have provided a respite to the economy, and the power sector in particular, amid drought conditions. The government deemed it wise to rehabilitate and resume operation of the 650-megawatt Malaya thermal power plant in Pililia, Rizal province after being moribund for decades. Power Sector Assets and Liabilities Management Corp. president Lourdes Alzona said the power plant was resynchronized to the Luzon grid on Aug. 26. “With the two units already operational, the Malaya TPP now has more available capacity as it assumes its role as a security plant,” she said. PSALM considers the Malaya power plant a “must-run’ unit to address instability or supply deficiency that might occur as a result of a sudden shutdown of operating stations in the grid. Mindanao to suffer the brunt The island of Mindanao will feel the full impact of El Niño because of its heavy reliance on hydro electric power and its mainly agricultural economy. The Davao provinces, Soccsksargen and Northern Mindanao have already seen reduced corn output in the second quarter of 2015. The power outlook is not equally encouraging. Mindanao’s power situation is fragile even before

the onset of El Niño. The island suffered a seven-hour blackout in April as electricity demand caught up with Mindanao’s meager power reserves. A meltdown in the distribution and transmission system in Mindanao is also exposing the island’s vulnerability. A breakdown of an aging transformer initially caused the Mindanao blackout in April--a reminder to energy officials that the electricity delivery system needs a thorough review and overhaul in some cases. Former Energy Secretary Carlos Jericho Petilla had blamed Mindanao’s aging transmission system as the culprit for the island system-wide outage. Back in Luzon, the water supply situation may get worse in the dry season next year. NWRB executive director Sevillo David Jr. said state-run Metropolitan Waterworks and Sewerage System and concessionaires Manila Water and Maynilad received a combined allocation of 41 cms in August. “We need to manage the water level in Angat Dam so we can sustain adequate water for the public until this El Niño phenomenon ends next year,” David said. He said the reduced water allocation might result in water pressure reduction, scheduling and supply interruption in Metro Manila. Angat

Dam in Norzagaray Bulacay is the main source of potable water in Metro Manila and parts of Rizal and Laguna. David said the reduced allocation for Metro Manila was paramount because the water level at the 47-year-old Angat Dam had not significantly increased during the current rainy season. Data showed the Angat reservoir’s water level at just 186 meters, or below the year-end target level of 212 meters and the normal level of 210 meters. The critical level is 180 meters. Bloomberg reported that the current El Niño that has altered weather across the globe is now the strongest since the record event almost two decades ago. And Bangko Sentral ng Pilipinas Gov. Amando Tetangco Jr. has taken note of the situation. The Monetary Board warned the upside risks from pending petitions for power rate adjustments and the impact of a stronger-than-expected El Niño dry spell on food prices and utility rates. E-mail: rayenano@yahoo.com or extrastory2000@gmail.com or business@thestandard.com.ph


UNITED AIRLINES, INC. CONTRACT OF CARRIAGE (revised July 17, 2015)

Indian Subcontinent means the area composed of Afghanistan, Bangladesh, Bhutan, India, Nepal, Pakistan, Republic of Maldives and Sri Lanka.

United Express carriers are Carriers not wholly owned or operated by United Airlines, Inc. but operating with the UA designator code under the trade name “United Express.”

Infant means a person who has not reached his/her second birthday as of the date of commencement of travel. Interchange flight means a flight operated over the routes of two or more carriers without change of equipment.

Unaccompanied Minor means a Child/Minor 5 to 11 years of age when traveling alone or not accompanied on the same flight and in the same compartment by a companion Passenger at least 18 years of age or with a Legal Guardian or parent.

Interline Transfer Point means any point at which the Passenger transfers from the services of one carrier to the services of another carrier.

United Kingdom (or “U.K.”) means the area composed of England, Scotland, Wales, Northern Ireland, Channel Islands and Isle of Man.

Interline Transportation/Interline Agreement means carriage on the services of more than one carrier where carriers agree to accept each other’s tickets and baggage. Interline Itinerary means flights reflected on a single ticket involving more than one carrier.

United States of America (or the “United States” or the “U.S.A.”) means, unless otherwise specified, the area composed of the 48 contiguous states, the District of Columbia, Alaska, Hawaii, Puerto Rico, the U.S. Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Midway, and Wake Islands.

Table of Contents PAGE RULE 1 DEFINITIONS ............................................................................................................................................... 2 RULE 2 STANDARD FORMAT OF ELECTRONIC RULES FOR TARIFF FILING PURPOSES..................................8 RULE 3 APPLICATION OF CONTRACT.................................................................................................................... 8 RULE 4 RESERVATIONS—CONFIRMATION/FAREQUOTES/ DISCLOSURES....................................................9 RULE 5 CANCELLATION OF RESERVATIONS ......................................................................................................10 RULE 6 TICKETS.......................................................................................................................................................11 RULE 7 TICKET VALIDITY PERIOD.........................................................................................................................12 RULE 8 RETURNED CHECK CHARGE ...................................................................................................................13 RULE 9 DELETED .....................................................................................................................................................13 RULE 10 TRANSATLANTIC SURCHARGES ........................................................................................................... 13 RULE 11 PACIFIC SURCHARGES ............................................................................................................................13 RULE 12 WESTERN HEMISPHERE SURCHARGES ...............................................................................................13 RULE 13 ACCEPTANCE OF CHILDREN/MINORS AND INFANTS .........................................................................13 RULE 14 SPECIAL SERVICES ...................................................................................................................................14 RULE 15 MEDICAL SERVICES ..................................................................................................................................15 RULE 16 SERVICE ANIMALS ....................................................................................................................................17 RULE 17 GROUND TRANSFER SERVICE ...............................................................................................................17 RULE 18 SERVICE PROVIDED BY UNITED EXPRESS AND OTHER CODESHARE PARTNERS........................18 RULE 19 TRAVEL DOCUMENTS................................................................................................................................18 RULE 20 SCREENING OF PASSENGERS AND BAGGAGE....................................................................................18 RULE 21 REFUSAL TO TRANSPORT ...................................................................................................................... 19 RULE 22 SMOKING POLICY.......................................................................................................................................20 RULE 23 BAGGAGE................................................................................................................................................... 20 RULE 24 FLIGHT DELAYS/ CANCELLATIONS/ AIRCRAFT CHANGES.................................................................34 RULE 25 DENIED BOARDING COMPENSATION ................................................................................................... 37 RULE 26 REROUTING ...........................................................................................................................................................38 RULE 27 REFUNDS ...................................................................................................................................................39 RULE 28 ADDITIONAL LIABILITY LIMITATIONS .....................................................................................................42 RULE 29 CUSTOMER SERVICE COMPLAINTS ......................................................................................................47 RULE 30 CONSENT TO USE OF PERSONAL DATA.................................................................................................47

International Carriage (“International”) means any carriage other than Domestic Carriage, however, when the Warsaw and/or Montreal Conventions are applicable, the stated definitions of “International” therein shall prevail.

United States Department of Defense means the U.S.A. Department of the Army, Navy, and Air Force, and the U.S.A. Marine Corps.

International Sector means a Sector of uninterrupted air travel for which the arrival and departure points are in two different countries.

Validate means a confirmation that the Ticket has been officially issued by the carrier.

Medical Certificate means a letter or form from the Passenger’s treating physician or hospital, where applicable, which must be signed and dated within one week of the first affected flight departure by the treating physician, or hospital in the country where the illness or treatment arose and which certifies the nature of the Passenger’s illness and treatment.

C)

RULE 1 DEFINITIONS As used in this Contract of Carriage, the following terms, whether or not capitalized, shall have the meanings ascribed below:

Micronesia means the area composed of Guam, Johnston Island, Marshall Islands, Caroline Islands, Palau Island and Mariana Islands.

D)

Transportation of Passengers and Baggage provided by United Airlines, Inc. and Carriers doing business as United Express, are subject to the following terms and conditions, in addition to any terms and conditions printed on or in any ticket, ticket jacket or eticket receipt. To the extent there is a conflict between this Contract of Carriage and any terms and conditions printed on or in any ticket, ticket jacket or eticket receipt, this Contract governs. By purchasing a ticket or accepting transportation, the passenger agrees to be bound by these controlling terms of this Contract of Carriage, and no covenants at law or in equity shall be implied or incorporated.

Add-On-Fare: See “Arbitrary” Adult means a person who has reached his/her eighteenth birthday as of the date of commencement of travel. Africa means the area composed of all the countries on the continent of Africa, other than Algeria, Morocco, Sudan, Tunisia, and Egypt, but including the following Islands: Cape Verde, Comoros, Madagascar, Mauritius, Reunion, Sao Tome y Principe, and Seychelles. Alternate Transportation means air transportation with a confirmed reservation at no additional charge (by any scheduled airline licensed by DOT), or other transportation accepted and used by the passenger in the case of denied boarding.

NOTE: For purposes of applying fares under this Contract of Carriage: 1) Travel on a sector between the U.S.A. and Canada is not considered international, and 2) For fare construction purposes, when transoceanic travel is involved in a fare component, travel on the transoceanic sector shall be considered the international sector. Interstate Transportation means transportation between a point in any state of the United States and the District of Columbia and a point in any other state of the United States or the District of Columbia. Intraline Transportation or “On-line” transportation means carriage solely over the services of a single air carrier. Journey means all travel included on a Ticket or group of Conjunction Tickets. Legal Guardian means one who legally has the care and management of an infant/minor. Local Currency Fares means fares and related charges expressed in the currency of the Country of Commencement of Transportation. Marketing Carrier means the carrier that sells flights under its Airline Designator Code, which code is identified on the first flight segment of the Passenger’s ticket (i.e., Selected/Selecting Carrier for purposes of Interline Transportation to Canada only). Maximum Outside Linear Dimensions means the sum of the greatest outside length plus the greatest outside width, plus the greatest outside height.

Mid-Atlantic Area means the area composed of Anguilla, Antigua, Bahamas, Barbuda, Barbados, Bermuda, Bolivia, Bonaire, Belize, Cayman Islands, Colombia, Costa Rica, Buca, Curacao, Dominican Republic, Ecuador, El Salvador, French Guiana, Guadeloupe, Guyana, Haiti, Honduras, Jamaica, Martinique, Montserrat, Navis, Nicaragua, Panama, Peru, Puerto Rico, St. Kitts, St. Croix, St. Maarten, St. Thomas, Suriman, Trinidad, Tobago, and Venezuela. Middle East means the area composed of Aden, Bahrain, Cyprus, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Muscat and Oman, Qatar, Saudi Arabia, Sudan, Syria, Trucial, United Arab Emirates and Yemen. Military Agencies mean departments of the U.S.A. Army, Navy, and Air Force, the Marine Corps, the Coast Guard, the respective academies of the Army, Navy, Air Force, and Coast Guard, and the National Guard. The Reserve Officer Training Corps is not included.

Animals means, the usual connotation of domestic pets as well as reptiles, birds, poultry and fish.

Military Passenger means military personnel of the Military Agencies who are on active duty status or who have been discharged from active military service within seven days of the date of travel.

Applicable Adult Fare means the fare which would be applicable to an adult for the transportation excepting those special fares applicable to a passenger’s status, e.g., military fares, adult standby, etc.

Minor means a person who has reached his/her second birthday but not his/her 18th birthday as of the date of commencement of travel.

Airline Designator Code is the two letter identification code that reflects the Marketing Carrier, which may be different from the carrier operating the flight.

Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, May 28, 1999.

Arbitrary means an amount published for use only in combination with other fares for the construction of Through Fares. It is also referred to as “Proportional Fare”, “Basing Fare”, and “Add-On-Fare”.

Netherlands Antilles means the islands of Bonaire, Curacao and St. Maarten.

Area No. 1 (or “Area 1”) means the area composed of all of the North and South American continents and the islands adjacent thereto, Greenland, Bermuda, the West Indies, the islands of the Caribbean Sea, and the Hawaiian Islands (including Midway and Palmyra).

Normal Fare means the full fare established for regular or usual service, the application of which is not dependent upon any limited period of ticket validity or other special circumstances. Unless otherwise herein specified, Normal Fares shall be considered to include the following, all year one-way, round trip, circle trip and open jaw trips, First Class, BusinessFirst Class, Business Class, Executive Class, Economy Class, one-class Standard Service, Standard Services, Tourist/Coach Class service, Thrift Class service fares, and on-season and off-season fares.

Area No. 2 (or “Area 2”) means the area composed of all of Europe (including that part of the Russian Federation in Europe) and the islands adjacent thereto, Iceland, the Azores, all of Africa and the islands adjacent thereto, Ascencion Island and that part of Asia lying west of and including Iran. Area No. 3 (or “Area 3”) means the area composed of all of Asia and the islands adjacent thereto except that portion included in Area No. 2, all of the East Indies, Australasia, the islands of the Pacific Ocean except those included in Area No. 1, and the Russian Federation (East of the Ural Mountains). Asia means the area composed of Afghanistan, Bangladesh, Bhutan, Brunei, China, Hong Kong, India, Indonesia, the Islands of the Pacific in Area No. 3 north of the equator, Japan, Kazakhstan, Kampuchea, Korea, Krygyzstan, Laos, Malaysia, Maldive Island, Myanmar, Nepal, Outer Mongolia, Pakistan, Philippines, Russian Federation (East of the Ural Mountains), Singapore, Sri Lanka, Taiwan, Tajikistan, Timor, Thailand, Turkmenistan, Uzbekistan and Viet Nam. Australasia means the area composed of Australia, New Caledonia, New Zealand, New Hebrides, Fiji, Samoa, Cook Islands, Papua, New Guinea, Tahiti and the islands adjacent thereto. Baggage means such reasonable articles, effects and other personal property of a ticketed Passenger as are reasonably necessary or appropriate for the wear, use, comfort or convenience of the Passenger in connection with the Passenger’s trip. Unless otherwise specified, it shall include both checked and unchecked baggage and property of the Passenger. Baggage Check or Baggage Claim Tag mean those portions of the ticket that identify the carriage of a Passenger’s checked baggage and that are issued by the carrier as a receipt for the Passenger’s checked baggage. Baggage Rules mean the conditions associated with the acceptance of baggage, including all applicable service charges, and services incidental to the transportation of baggage. See Rule 23 for more information. Baggage Tag means a document issued by the carrier solely for identification of checked baggage, the portion of which is attached by the carrier to a particular article of checked baggage. Banker’s Buying Rate (“BBR”) means the rate at which, for the purpose of the transfer of funds through banking channels (i.e., other than transactions in bank notes, travelers cheques and similar banking instruments), a bank will purchase a given amount of foreign currency in exchange for one unit (or units) of the national currency of the country in which the exchange transaction takes place. Banker’s Selling Rate (“BSR”) means the rate at which, for the purpose of the transfer of funds through banking channels (i.e., other than transactions in bank notes, travelers cheques and similar banking instruments), a bank will sell a given amount of foreign currency in exchange for one unit (or units) of the national currency of the country in which the exchange transaction takes place. Basing Fare: See “Arbitrary” Cabin Baggage means Carry-On-Baggage that due to its size and nature requires the purchase of a seat on board the aircraft to transport the piece of baggage. Calendar Month means the period of time starting with the start of any day in a month, identified by number, and ending with the start of the same day of the following month. When the same day does not occur in the following month, this period ends on the last day of the month. Calendar Week means a period of seven days starting at 12:01 a.m. Sunday and ending at midnight of the following Saturday, provided that when used in reference to service offered only once a week between points of travel, it shall mean a period of eight days commencing with 12:01 a.m. on the day the flight operates. Caribbean Area means the area composed of Anguilla, Antigua, Aruba, Bahamas, Barbados, Barbuda, Bermuda, Bonaire, British Virgin Islands, Cayman Islands, Cuba, Curacao, Dominica, Dominican Republic, Grenada, Guadeloupe, Haiti, Jamaica, Leeward Islands, Martinique, Montserrat, Netherlands Antilles, Nevis, Saba, St. Barthelemy, St. Eustatius, St. Kitts, St. Lucia, St. Maarten, St. Vincent, Trinidad and Tobago, Turks and Caicos Islands, West Indies and Windward Islands. Carriage means transportation of Passengers and their baggage by air or ground, either gratuitously or for payment. Carrier means the carrier (air or ground) issuing the ticket and all carriers that carry or undertake to carry the Passenger and/or his baggage thereunder.

North America means the area composed of Alaska, Canada, the Continental U.S.A. and Mexico. North Central Pacific means all routes between points in Canada/U.S.A. and points in Area No. 3, except points in the Southwest Pacific, via the Pacific Ocean.

On-line Tariff Data Base means the remotely accessible, on-line version, maintained by the filer, of (1) the electronically filed tariff data submitted to the “official DOT tariff database,” and (2) the DOT approvals, disapprovals and other actions required by DOT. On-line Transfer Point means any point at which the Passenger transfers from one service of a carrier to another service of the same carrier (bearing a different flight number). Open-Jaw Trip means travel which is essentially of a round trip nature but the outward point of departure and inward point of arrival and/or outward point of arrival and inward point of departure are not the same.

Civic Aeronautics Board (“C.A.B.”) means the United States Department of Transportation (“DOT”). Codeshare means an arrangement by which UA offers transportation service to a Passenger who is ticketed with the two letter airline designator code “UA” on a flight that is operated by a carrier other than UA. Comparable air transportation means transportation provided by air carriers or foreign air carriers holding certificates of public convenience and necessity or foreign permits. Confirmed reserved space means space on a specific date and on a specific flight and class of service that has been requested by a passenger, and that UA or its agent has verified by appropriate notation on the ticket as being reserved for the accommodation of the passenger. Conjunction Ticket means two or more tickets concurrently issued to a Passenger and which together constitute a single contract of carriage.

Outward point means the stopover point on the passenger’s itinerary that is the furthest from the passenger’s point of origin.

Participating Carrier includes both the selecting carrier and the down line carrier who has been identified as providing interline transportation to the passenger by virtue of the passenger’s ticket. Passenger means any person, except members of the crew, carried or holding a confirmed reservation to be carried in an aircraft with the consent of the carrier. Passenger Coupon means that portion of the Ticket constituting the Passenger’s written evidence of the Contract of Carriage.

Related Charges means those charges to be shown in the fare construction box of the ticket and excess baggage charges. Reroute means a change of routing, carriers, fares, class of service, flight or date from that originally provided on the ticket, but does not apply to open tickets. Resident (“a Resident”) means a person whose usual residence is in a certain country, provided that a more restricted definition may apply under local law.

Domestic Carriage (“Domestic”) means (except as otherwise specified) carriage in which, according to the Contract of Carriage, the place of departure, the place of destination or stopover, and the entire transportation is between points within the United States, or points within another sovereign state. DOT Hazardous Materials Regulations are those regulations issued by the Materials Transportation Bureau of the Department of Transportation in Title 49 of the Code of Federal Regulations, Parts 171 through 180 (49 CFR 171-180). Down Line Carrier means any carrier, other than the selecting carrier, who is identified as providing interline transportation to the passenger by virtue of the passenger’s ticket. East Africa means the area composed of Burundi, Djibouti, Ethiopia, Kenya, Rwanda, Somalia, Tanzania and Uganda. Europe means the area composed of Albania, Algeria, Andorra, Armenia, Austria, Azerbaijan, Azores, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Canary Islands, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Gibraltar, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Madeira, Malta, Monaco, Morocco, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation (West of the Ural Mountains), San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, Tunisia, Turkey in Europe and Asia, Ukraine, and the United Kingdom. Fare Component means each local currency fare (except Add-On-Fares) where more than one such fare is used in construction of the total fare for a journey. Flight Coupon means a portion of the Ticket that indicates travel points between which the coupon is good for carriage. Foreign Air Transportation means transportation between a point in the United States and a point outside thereof. Half Round Trip Fare means 50 percent of a specified or constructed round trip normal or special fare. In the absence of a specified or constructed round trip normal fare, the one way normal fare is considered to be a half round trip normal fare. If a specified or constructed one way special fare may be doubled to establish a round trip special fare, the one way special fare is considered to be a half round trip special fare.

Sector or Segment is the portion of a journey covered by a single Flight Coupon.

J) K) L) M)

N)

A)

B)

C)

D)

E)

A)

D)

South America means the area composed of Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, French Guiana, Guyana, Paraguay, Peru, Surinam, Uruguay and Venezuela. South Asian Subcontinent means the area composed of Afghanistan, Bangladesh, Bhutan, India, Nepal, Pakistan, Maldives and Sri Lanka. South East Asia means the area composed of Brunei Darussalam, China, Guam, Hong Kong, Indonesia, Kampuchea, Kazakhstan, Krygyzstan, Laos, People’s Democratic Republic of, Malaysia, Mongolia, Myanmar, Philippines, Singapore, Taiwan, Province of, Tajikistan, Thailand, Turkmenistan, Russian Federation (East of the Ural Mountains), Uzbekistan and Viet Nam. South Pacific means the area composed of all routes between points in the U.S.A./Canada and points in the Southwest Pacific via the Pacific Ocean. Southwest Africa means points within Africa composed of Botswana, Lesotho, Mozambique, Namibia, South Africa and Swaziland. Southwest Pacific means that area composed of American Samoa, Australia, Cook Islands, Fiji, French Polynesia, Gilbert and Ellice Islands, Loyalty Islands, New Caledonia, New Hebrides, New Zealand, Papua, New Guinea, Samoa, Society Islands, Tonga, and intermediate islands.

Through Fare means a fare applicable for travel between two consecutive fare construction points via an intermediate point(s). Ticket means the record of agreement, including electronic tickets, e.g., “United Electronic Tickets” or “eTickets,” for Passenger air transportation provided by UA under certain terms and conditions to the Passenger named on the Ticket and in accordance with applicable governing tariffs and regulations. An “eTicket” is the record of the ticket agreement maintained and processed within the carrier’s electronic reservation system. A receipt is provided to the purchaser of the ticket that contains a reference for retrieving the record within the carrier’s reservation system and summary of the ticket information. The carrier may mandate the issuance of an e-ticket, regardless of market, carrier, form of payment, and customer type. Ticketed Point means points shown in the ‘good for passage’ section of the ticket plus any other point(s) used for fare construction and shown in the fare construction box of the ticket, provided that two flight numbers of two carriers such as for an interchange flight will not be permitted on one Flight Coupon. Transatlantic Sector means that portion of travel covered by a single Flight Coupon from the point of departure in Area No. 1 to the point of arrival in Area No. 2 and vice versa. Transfer means a change from the flight on one carrier to the flight of another carrier, or a change from the flight of a carrier to another flight of the same carrier bearing the same flight number, or a change from the flight of a carrier to another flight that is a service bearing a different flight number of the same carrier, irrespective of whether or not a change of aircraft occurs. Transfer Point means any point at which the Passenger Transfers. Transit Point means any stop at an intermediate point on the route to be traveled (whether or not a change of aircraft is made) which does not fall within the definition of a Stopover. Transoceanic means the portion of travel covering the area over an ocean and may refer to travel that is either transatlantic or transpacific. Transpacific Sector means the portion of travel covered by a single Flight Coupon from the point of departure in Area No. 1 to the point of arrival in Area No. 3 and vice versa.

UA Ticket Stock means tickets printed, imprinted or issued electronically with the UA carrier code (016) as part of the ticket serial number. Ultimate ticketed destination applies only to situations where a passenger’s origin is a non-Canadian point and the itinerary includes at least one stop in Canada, as well as at least one stop outside of Canada. If the stop in Canada is the farthest checked point and the stop is more than 24 hours, the ultimate ticketed destination is Canada. (For Rule 23 I) only). United means United Airlines, Inc.

A reservation for space on a given flight of UA is valid when the availability and allocation of such space is confirmed by UA or an authorized agent of UA and entered into the carrier’s reservations system. At the time of reservation, UA requires the full name consisting of full first and last name for each passenger to be entered into the name field of the reservation, and other government mandated information, including but not limited to date of birth and gender. EXCEPTION: Only one name will be required for reservations for passengers whose passports reflect only one name. Reservations that do not contain the full name of each passenger, other required information, or fraudulent information will be automatically cancelled within 72 hours of reservation confirmation. UA requires ticketing at the time of reservation. UA will allow changes without penalty or a 100% refund to the original form of payment if request is made within 24 hours of ticketing. Subject to payment or other satisfactory credit arrangements, a validated Ticket will be issued by UA or the authorized agent of UA indicating such confirmed reserved space provided the Passenger applies to UA or the authorized agent of UA for such Ticket within the Check-In Time Limits specified in Rules 5 D) and E). Such reservation of space is subject to cancellation by UA without notice if the Passenger does not comply with this Rule. EXCEPTION: Where other rules, including fare rules, provide for the issuance, validation, or purchase of a Ticket within specific time limits, these specific time limits will apply. Once a Passenger obtains a Ticket indicating confirmed reserved space for a specific flight and date either from UA or its authorized agent, the reservation is confirmed even if there is no record thereof in UA’s reservation system. EXCEPTION: Tickets shall not be valid if reservations are cancelled pursuant to Rule 5 or cancelled by the passenger or his/her representative. Seat assignments, regardless of class of service, are not guaranteed and are subject to change without notice. UA reserves the right to reseat a Passenger for any reason, including from an Economy Plus seat for which the applicable fee has been paid (fees range from 9 USD/CAD to 299 USD/CAD per flight segment per person), and if a Passenger is improperly or erroneously upgraded to a different class of service. If a Passenger is removed from an Economy Plus seat for which a fee has been paid, and the Passenger is not re-accommodated in an Economy Plus seat or a seat of equal or greater value, or if a Passenger is downgraded from a class of service and is not re-accommodated in a seat in an equal or greater class of service for which a fee has been paid, the Passenger will be eligible for a refund in accordance with Rule 27. UA may limit the number of Passengers carried at any fare level and certain fares will not necessarily be available on all flights. The number of seats which UA shall make available on a given flight will be determined by UA.

RULE 5 CANCELLATION OF RESERVATIONS

Single Ticket means the record of agreement that permits travel from origin to destination, and may include interline, code-share, and intraline segments.

Surface Sector means transportation by means other than air between two intermediate points in a Fare Component.

These rules constitute the conditions of carriage upon which UA agrees to provide Domestic and International Carriage and are expressly agreed to by the Passenger. These Rules are also the tariffs filed by UA in accordance with certain government regulations. This Contract of Carriage is subject to applicable laws, regulations, rules, and security directives imposed by governmental agencies, including but not limited to those imposed during or as a result of a national emergency, war, civil unrest or terrorist activities. In the event of a conflict between the Rules contained herein and such government laws, regulations, rules, security directives and their corresponding effects on UA’s operation, the latter shall prevail. The rules herein are applicable to transportation of Passengers and Baggage provided by UA. See Rule 18 regarding application of these rules to Codeshare services provided by UA on flights operated by a carrier other than UA. Certain International Carriage is subject to the rules relating to liability established by, and to all other provisions of the Warsaw and/or Montreal Conventions. Any provisions of these rules that are inconsistent with any provision of the applicable Convention shall, to that extent, but only to that extent, be inapplicable to International Carriage. Except as otherwise provided within specific fare rules, transportation is subject to the Contract of Carriage and charges in effect on the date on which the Ticket is issued. References to pages, rules, items and notes are coterminous and include revisions, supplements and reissues thereof. Where the Ticket has been purchased and issued before the effective date of an increase in the applicable fare, the increase will not be collected, provided there is no change in Origin, Destination, Stopover point(s), flight(s) or dates shown on the original Ticket. These provisions apply whether an increase results from a change in fare level, a change in conditions governing the fare or a cancellation of the fare itself. UA is responsible only for transportation of Passengers and Baggage provided by UA, which includes Codeshare services provided by UA on flights operated by a carrier other than UA. See Rule 18 regarding application of these rules to Codeshare services. When UA undertakes to issue a Ticket, check baggage, or make any other arrangements for transportation over the lines of any other carrier on an interline basis (whether or not such transportation is part of a through service), UA will act only as agent for the other carrier in these limited capacities, and will assume no responsibility for the acts or omissions of such other carrier, including but not limited to providing flight status information, delays and other acts or omissions that arise from their flight operations. No employee or agent of UA has the authority to alter, modify, or waive any fare rules or any provision of the Contract of Carriage unless authorized by a corporate officer of UA. UA’s appointed agents and representatives are only authorized to sell Tickets for air transportation pursuant to approved fares, rules, and regulations of UA. Failure or delay on the part of either party to exercise any right or power herein shall not operate as a waiver thereof. Unless specifically stated otherwise herein or where any limitation would expressly violate any applicable law, UA shall not be liable for any consequential, compensatory, indirect, incidental or punitive damages arising out of or in connection with the performance of its obligations under these rules. UA’s obligations hereunder extend only to the Ticketed Passenger. There are no third party beneficiaries to these rules. Except where provided otherwise by law, UA’s conditions of carriage, rules and tariffs are subject to change without notice, provided that no such change shall apply to Tickets issued prior to the effective date of such change. The invalidity of any provision herein by local law shall not affect the validity of any other provision that shall remain in full force and effect. If UA makes arrangements for Passengers with any third party to provide any services other than carriage by air, or if UA issues a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, UA acts only as Passengers’ agent in doing so. The terms and conditions of the third party service provider will apply. Except as otherwise provided below, fare rule provisions, local or joint fares, including Arbitraries, contained in the On-line Tariff Database maintained by Airline Tariff Publishing Company on behalf of UA is considered to be part of International Passenger Rules and Fares Tariff No. IPR-2, C.A.B. No. 376, NTA(A) No. 210.I EXCEPTION: For Fares Published by Rule, see C.A.B. No. 737, NTA(A) No. 476.

RULE 4 RESERVATIONS — CONFIRMATION/FARE QUOTES/DISCLOSURES

Service Animal means any guide dog, signal dog, or other animal trained to provide necessary assistance to a Qualified Individual with a Disability or, a trained animal that assists law enforcement officers in the search of contraband and or other items, or which provides assistance with rescue efforts.

UA means United Airlines, Inc.

Indian Ocean Islands means Comoros, Madagascar, Mauritius, Mayotta, Reunion and Seychelles.

I)

C)

IATA Rate of Exchange means the published rate of exchange issued by IATA from time to time.

Immediate Family Member means spouse, children, step-children, foster children, legally adopted wards, son/ daughter-in-law, grandchildren, parents, step-parents, legal guardians, mother/father-in-law, grandparents, brother/sister, step-brother/sister, half-brother/sister, brother/sister-in-law, aunts/uncles and nieces/nephews.

H)

Scandinavia means the area composed of Denmark, Norway and Sweden.

Hawaii means Hilo, Honolulu, Kona, Lihue, and Maui.

Iberian Peninsula means the area composed of Gibraltar, Portugal (including Azores and Madeira) and Spain (including Balearic and Canary Islands).

G)

B)

Stopover means a deliberate interruption of travel by the Passenger, agreed to in advance by the carrier, at a point between the place of departure and the place of destination. For International flights a Stopover will also be deemed to occur at an intermediate point from which the Passenger is not scheduled to depart on the date of arrival, but if there is no connecting departure scheduled on the date of arrival, departure on the next day within 24 hours of arrival shall not constitute a Stopover. If a portion of the routing is traveled by surface transportation, one Stopover shall be deemed to have been taken for such portion. For Domestic flights, a Stopover will also occur when a Passenger arrives at a point and fails to depart from such point on: 1) The first flight on which space is available; or 2) The flight that will provide for the Passenger’s earliest arrival at intermediate or junction transfer point(s) or destination point, via the carrier and class of service as shown on the Passenger’s Ticket; provided, however, that in no event will a Stopover occur when the Passenger departs from the intermediate/junction point on a flight shown in the carrier’s official general schedule as departing within four hours after arrival at such point. Summary Page at the End of an Online Purchase (for Rule 23 I) only) means a page on the Carrier’s website which summarizes the details of a ticket purchase transaction just after the passenger has agreed to purchase the ticket from the Carrier.

Destination means the ultimate point of the Passenger’s journey as shown on the Ticket.

F)

Routing means the cities and/or class of service and/or type of aircraft via which carriage is provided by the carrier(s) between two points.

Special Fare means a fare other than a normal fare.

Department of Transportation (“DOT”) means the United States Department of Transportation.

E)

Round-Trip means travel from one point to another and return by any air route for which the same normal all year through one way fare of the same class applies from the point of origin, provided that this definition shall not apply to travel for which the same all year through one way fare is established, between two points, in either direction around the world.

Contiguous United States or Continental United States mean the District of Columbia and all states of the United States other than Alaska or Hawaii.

Days means full calendar days, including Sunday and legal holidays, provided that for the purposes of notification, the balance of the day upon which notice is dispatched shall not be counted; and that for purposes of determining the duration of a validity period, the balance of the day upon which the ticket is issued or the flight commenced shall not be counted.

B)

Qualified Individual with a Disability means any individual who has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. The phrases used in this definition are further defined in 14 CFR Part 382.3.

Consequential Damages means damages which are the result of an act but are not direct or immediate.

Country of Payment means the country where payment is made by the purchaser to the carrier or its agent. Payment by check, credit card or other banking instruments shall be deemed to have been made at the place where such instrument is accepted by the carrier or its agent.

A)

Proportional Fare: See “Arbitrary” above.

Special Drawing Right (“SDR”) means a special unit of currency, the value of which fluctuates and is recalculated each banking day. These values are known to most commercial banks and are reported in some newspapers and in the IMF Survey, published weekly by the International Monetary Fund, Washington, D.C. 20431.

Country of Commencement of Transportation means the country from which travel on the first international sector takes place.

RULE 3 APPLICATION OF CONTRACT

Oversold Flight means a flight where there are more Passengers holding valid confirmed Tickets that check-in for the flight within the prescribed check-in time than there are available seats.

Connection means a stop at an intermediate point on the route to be traveled where a change of planes is made and which does not fall within the definition of a stopover.

Contract of Carriage means the terms and conditions contained in this document, as amended from time to time by the Carrier.

Rule number reserved for Airline Tariff Publishing Company (“ATPCO”) filings.

Other Charges means charges such as taxes, fees, etc., not to be shown in the fare construction box of the ticket, excluding excess baggage charges.

Central Africa means the area composed of Malawi, Zambia and Zimbabwe.

Circle Trip means travel from a point and return thereto by a continuous, circuitous air route (including journeys comprising two (2) fare components but which do not meet the conditions of the round trip definition), provided, that where no reasonable direct scheduled air route is available between two points, a break in the circle may be traveled by any other means of transportation without prejudice to the circle trip.

RULE 2 STANDARD FORMAT OF ELECTRONIC RULES FOR TARIFF FILING PURPOSES

Origin means the initial starting place of the journey.

Selecting Carrier means the carrier whose designator code is identified on the first flight segment of the passenger’s ticket at the beginning of an interline itinerary.

Child means a person who has reached his/her second birthday but not his/her 12th birthday as of the date of commencement of travel.

Western Hemisphere means the area composed of the Continental United States, Alaska, Hawaii, Puerto Rico, U.S. Virgin Islands, Canada, Greenland, Mexico, Central and South America, and the Caribbean Area.

Operating Carrier means the carrier that operates the actual flight.

Selected Carrier means the carrier whose baggage rules apply to the entire interline itinerary.

Checked Baggage means baggage that a ticketed Passenger has requested be carried by the carrier and for which the carrier has issued a Baggage Claim Tag to the Passenger.

West Africa means the area composed of Angola, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Congo (Brazzaville), Cote D’Ivoire, Equatorial Guinea, Gabon, The Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Mauritania, Niger, Nigeria, Sao Tome y Principe, Senegal, Sierra Leone, Togo and Congo (Kinshasa).

On-line means air transportation wholly on the same carrier.

Carry-on-Baggage means baggage, other than Checked Baggage, carried on board an aircraft by a ticketed Passenger also known as unchecked baggage.

Central America means the area composed of Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama.

Warsaw Convention means the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, October 12, 1929, or where applicable, that Convention, as amended, including without limitation, by the Protocol signed at The Hague September 28, 1955.

E)

F) G) H)

UA has the right to cancel reservations (whether or not confirmed) of any Passenger whenever such action is necessary to comply with any governmental regulation, upon any governmental request for emergency transportation in connection with the national defense, or whenever such action is necessary or advisable by reason of weather or other conditions beyond UA’s control, (including, but not limited to acts of God, force majeure events, strikes, civil commotions, embargoes, wars, hostilities, or other disturbances, whether actual, threatened, or reported). UA has the right to cancel reservations (whether or not confirmed) due to the Passenger’s failure to comply with the rules set forth herein, including but not limited to, the Passenger’s failure to pay for the applicable Ticket under the conditions applicable to the fare for such travel. Failure to Occupy Space - If a Passenger fails to occupy space which has been reserved for him/her on a flight of UA and UA fails to receive notice of the cancellation of the reservation before the departure, or if any carrier cancels the reservation of any Passenger, UA may cancel all reservations (whether or not confirmed) held by such Passenger on the flights of UA or any carrier for continuing or return space, provided UA or an authorized agent of UA originally reserved that space. Check-In Time Limits - UA has the right to cancel reservations (whether or not confirmed), deny boarding and/ or refuse the acceptance of checked baggage of any Passenger who fails to present himself/herself within the applicable check-in time limit for Passengers and/or Baggage. 1) Domestic flights, except those departing Guam: a) For Passengers who do not need to check baggage, Passenger must complete the purchase of the ticket(s), check-in and obtain a boarding pass at least 30 minutes prior to scheduled departure. b) For Passengers who do need to check baggage, Passenger must complete the purchase of the ticket(s), check-in, obtain a boarding pass, and complete baggage check-in at least 30 minutes prior to scheduled departure. EXCEPTION: At the following airports, Passengers must complete baggage check-in at least 45 minutes prior to scheduled departure: Anchorage, AK; Jacksonville, FL; Tampa/ St. Petersburg, FL; Miami, FL; Fort Lauderdale, FL; Phoenix, AZ; San Juan, Puerto Rico; Las Vegas, NV; Seattle, WA; Orlando, FL; Philadelphia, PA; Denver, CO; Atlanta, GA; Los Angeles, CA; Orange County, CA; San Diego, CA; Houston, TX; Austin, TX; Newark, NJ; Cincinnati, OH; Cleveland, OH; Chicago, IL; Washington, D.C. (Dulles and Reagan National), VA; Reno, NV; Kona, HI; Maui, HI; Honolulu, HI; St. Louis, MO; Indianapolis, IN; Greenville/Spartanburg, SC; Dallas (Fort Worth and Dallas Love Field), TX; Pittsburgh, PA; and San Francisco, CA. c) All Passengers must be present at the loading gate for boarding at least 15 minutes prior to scheduled departure. NOTE: If the Passenger’s itinerary includes an international destination, the international time limits in D) 2) below apply to all flights in the itinerary. 2) All non-stop International flights (including flights departing Guam and St. Thomas, U.S. Virgin Islands): a) Passenger must complete the purchase of the ticket(s), check-in, check baggage, and obtain a boarding pass at least 60 minutes prior to scheduled departure. EXCEPTIONS: (i) At Dublin, Ireland and Lima, Peru, Passengers must complete check-in, check baggage and obtain a boarding pass at least 75 minutes (1 hour, 15 minutes) prior to scheduled departure. (ii) Within the Federated States of Micronesia, Republic of the Marshall Islands, Caracas, Venezuela, and Lagos, Nigeria, Passengers must complete check-in, check baggage and obtain a boarding pass at least 90 minutes (1 hour, 30 minutes) prior to scheduled departure. b) All Passengers must be at the loading gate for boarding at least 30 minutes prior to scheduled departure. EXCEPTION: Within locations specified in D) 2) a) (ii) above, Passengers must be at the loading gate for boarding at least 60 minutes (1 hour) prior to scheduled departure. The time limits provided by UA in this Rule are minimum time requirements. Passenger and baggage processing times may differ from airport to airport. It is the Passenger’s responsibility to arrive at the airport with enough time to complete any ticketing, check-in, baggage and security screening processes, and boarding requirements within these minimum time limits. NOTE: Please see www. united.com for more information. UA is not liable for any consequential, compensatory, or other damages when it cancels reservations (whether or not confirmed) of any Passenger in accordance with this Rule, but if the reservation was canceled according to paragraph A) of this Rule, see Rule 24. All of UA’s flights are subject to overbooking which could result in UA’s inability to provide previously confirmed reserved space for a given flight or for the class of service reserved. In that event, UA’s obligation to the Passenger is governed by Rule 25. UA reserves the right to cancel bookings and/or reservations which it deems abusive, illogical, fictitious, which are booked and/or reserved with no intention of flying, or for which the passenger makes a misrepresentation without notice to the passenger.

RULE 6 TICKETS A) When more than one Ticket must be issued to properly reflect all of the information required for a complete flight itinerary, the individual Tickets will be cross-referenced by their Ticket numbers and are considered to be a single Ticket or “Conjunction Ticket.” B) A Ticket will not be issued, and in any case UA will not be obligated to carry any Passenger until the Passenger has paid the applicable fare or has complied with credit arrangements established by UA. C) No person will be entitled to transportation except upon presentation of a valid Ticket. D) Lost Tickets. See Rule 27 F). E) A Ticket which has not been validated or which has been altered, mutilated, or improperly issued, is not valid. F) Flight Coupons will be honored only in the order in which they were intended to be used and, in the case of written Tickets, only if all unused Flight Coupons and Passenger Coupons are presented together. G) Tickets are not transferable unless otherwise stated on the Ticket at the time it was issued. The purchaser of a Ticket and/or the Passenger intending to use such Ticket is responsible for ensuring that the Ticket accurately states the Passenger’s name. Presentation of a Ticket by someone other than the ticketed Passenger renders the Ticket void, and UA is not liable to the owner of a ticket for honoring or refunding such ticket when presented by another person. If a Ticket is in fact used by an unauthorized person with or without the knowledge or consent of the person to whom the Ticket was issued, UA will not be liable for the destruction, damage, or delay of such unauthorized person’s baggage or other personal property, or for the death or injury of such unauthorized person arising from or in connection with such unauthorized use. As used herein, “unauthorized person” means any person other than the person to whom the ticket is issued and who is entitled to be transported or to a refund in accordance with the rules in this Contract of Carriage. H) A Ticket will be valid only for flight(s) for which reservation(s) have been made and only between the points named on the ticket or applicable Flight Coupons. A Passenger holding an unused open-date Ticket or portion thereof or Exchange Order for onward travel, or who wishes to change a ticketed reservation to another date, shall not be entitled to any preferential right with respect to the obtaining of reservations. I) Passengers Occupying Two Seats – Upon request, or if determined necessary by UA, and given availability, a Passenger will be permitted to the exclusive use of two seats subject to the payment of two applicable fares for the points between which the two seats will be used. A Ticket will be issued for each seat and the normal Checked Baggage Allowances will apply in connection with each such Ticket presented to UA. The carry-on allowance is limited to the allowance for one individual. J) Prohibited Practices: 1) Fares apply for travel only between the points for which they are published. Tickets may not be purchased and used at fare(s) from an initial departure point on the Ticket which is before the Passenger’s actual point of origin of travel, or to a more distant point(s) than the Passenger’s actual destination being traveled even when the purchase and use of such Tickets would produce a lower fare. This practice is known as “Hidden Cities Ticketing” or “Point Beyond Ticketing” and is prohibited by UA. 2) The purchase and use of round-trip Tickets for the purpose of one-way travel only, known as “Throwaway Ticketing” is prohibited by UA. 3) The use of Flight Coupons from two or more different Tickets issued at round trip fares for the purpose of circumventing applica m m m m mm U m w m m m w U m m U R m R W w H C w w U w m w m w C C

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4) 5) 6)

7) L) M) N)

O)

Refuse to board the Passenger and to carry the Passenger’s baggage, unless the difference between the fare paid and the fare for transportation used is collected prior to boarding; Assess the Passenger for the actual value of the Ticket which shall be the difference between the lowest fare applicable to the Passenger’s actual itinerary and the fare actually paid; Delete miles in the Passenger’s frequent flyer account (UA’s MileagePlus Program), revoke the Passenger’s Elite status, if any, in the MileagePlus Program, terminate the Passenger’s participation in the MileagePlus Program, or take any other action permitted by the MileagePlus Program Rules in UA’s “MileagePlus Rules;” and Take legal action with respect to the Passenger.

3)

UA may mandate the issuance of an e-Ticket regardless of market, carrier, form of payment, or customer type (including mileage plus and participating carrier frequent flyer members). In addition to all applicable charges, UA will assess a 50.00 USD fee for issuance of a paper ticket. UA will assess a 50.00 USD/50.00 CAD fee to assist with a voluntary change on tickets originally issued via any external ticketing source (travel agency, internet agency, other airline, etc.). The fee is non-refundable and applies in addition to all applicable charges. Within the 50 U.S. States and Canada, UA will assess a 35.00 USD/35.00 CAD charge for tickets purchased at any airport location, a 25.00 USD/25.00 CAD charge for tickets purchased through Contact Centers, and a 30.00 USD/30.00 CAD charge for tickets purchased or changed through a City Ticket Office. Charges may vary outside the 50 U.S. States and Canada. These booking service charges are non-refundable and apply in addition to all applicable charges. Unless prohibited by local law, UA may restrict acceptable forms of payment for its tickets, products, or services to debit or credit card.

RULE 7 TICKET VALIDITY PERIOD A)

B)

C)

Period of Validity - Except as otherwise provided in this Rule or required by the applicable local law of a foreign jurisdiction, any eligible Ticket issued by UA or its authorized agent on UA Ticket Stock will be valid for transportation for one year from the date on which transportation commences at the point of origin as designated on the original Ticket or, if no portion of the Ticket is used, one year from the date of issuance of the original or reissued Ticket, whichever is later. When an unused published fare Ticket is completely reissued, the new Ticket validity on the reissued Ticket will be determined from the date the Ticket was reissued. When a Ticket includes an excursion or special fare having a shorter period of validity than one year, the shorter period of validity will apply only to the excursion or special fare transportation. When a fare limits the carriage to specific periods of the day, week, month, or year, the Ticket is valid for the specified periods only. When fares are combined to create Round/Circle/Open-Jaw Trips, the most restrictive provisions will apply to the entire transportation. NOTE: Nonrefundable fares have no value after ticketed departure time. EXCEPTION: When the Passenger cancels the ticketed flight reservations prior to the ticketed departure time, the ticket will be valid for transportation for one year from the date of issuance of the original ticket and will be subject to any and all applicable change fees. Otherwise, the ticket has no value after ticketed departure time. Extension of Validity Period: 1) If the Passenger is prevented from using the Ticket, or a portion thereof during the period of validity specified in this Rule due to a UA flight cancellation or because UA is unable to provide space on the flight, UA will, without additional collection of fare, extend the ticket validity period of such Passenger’s Ticket until the first flight of UA on which space is available in the class of service for which the fare has been paid. 2) If a Passenger is unable to commence or continue travel because of the death or serious illness of the Passenger, the Passenger’s immediate family member(s), or the Passenger’s traveling companion(s), UA may waive or refund any applicable change fees (less a processing fee) associated with changing the ticket(s). See Rule 27 or visit UA’s website, any applicable change fees (less a processing fee) associated with changing the ticket(s). See Rule 27 or visit UA’s website, any applicable change fees (less a processing fee) associated with changing the ticket(s). See Rule 27 or visit UA’s website, Waiver of Minimum Stay Requirements - Special Fare - In the event of the death of a Passenger enroute, the minimum stay and group travel requirements with regard to any special fares will be waived for Passengers who are immediate family members of the deceased Passenger or were otherwise actually accompanying the deceased Passenger, on the following conditions: 1) 2)

D)

The ticket must be endorsed “earlier return on account of death of (name of Passenger)”; and A copy of the death certificate duly executed by the competent authorities under the applicable laws of the country in which death has occurred must be presented to UA at the time of reticketing. Passengers will be accommodated under this provision only in the class of service originally ticketed. NOTE: If the death certificate is not available at the time the Passenger requests reticketing under this provision, or if documentation satisfactory to UA has not been provided, the Passenger(s) requesting reticketing will be accommodated only upon payment of the fare applicable to transportation actually used and a request for a refund may later be filed with UA with the documents required. Upon receipt of the request for a refund and all supporting documents, UA will determine whether a refund to the Passenger is appropriate. If so, the maximum refund will be the difference between the total fare paid by the Passenger and the amount such Passenger would have paid if a waiver had been originally furnished under the provisions of this Rule. Ticket Issue Date - The date when payment is made by credit card, or the ticket invoice date established when payment is made by other acceptable form of payment, will constitute the date a Ticket is “issued” in determining the validity period under this Rule.

RULE 8 RETURNED CHECK CHARGE UA will collect 25 USD/25 CAD for each returned check. This charge is non-refundable and is not subject to any discount. RULE 9 DELETED RULE 10 TRANSATLANTIC SURCHARGES For details concerning transatlantic surcharges, see UA’s International Fare service surcharges filed with ATPCO referencing this Rule. RULE 11 PACIFIC SURCHARGES For details concerning transpacific surcharges, see UA’s International Fare service surcharges filed with ATPCO referencing this Rule. RULE 12 WESTERN HEMISPHERE SURCHARGES For details concerning Western Hemisphere surcharges, see UA’s International Fare service surcharges filed with ATPCO referencing this Rule. RULE 13 ACCEPTANCE OF CHILDREN/MINORS AND INFANTS A) Children/Minors/Infants Traveling Accompanied 1) Children under the age of five (5) must be “accompanied” by an Adult Passenger or the child’s Parent/Legal Guardian on the same flight and in the same compartment. UA reserves the right to require and charge the applicable service charge for Unaccompanied Minor service when a child age five (5) to eleven (11) is traveling with a passenger who is not at least 18 years old or the child’s Parent/Legal Guardian. 2) United does not accept infants in incubation (except as permitted under Rule 15C) or infants under seven days old. 3) Lap Children (infants under the age of two years): a) One Lap Child per Adult Passenger is accepted. Additional infants under the age of two years must occupy a seat and be ticketed at the applicable adult fare. b) Infants under the age of two years for whom a seat at the applicable adult fare has not been purchased, may not occupy a seat. NOTE: Infants who are carried in an adult’s lap do not require a Ticket for domestic travel. Infants traveling internationally and to and from Canada require a Ticket, which may be discounted off of the applicable fare. In many cases a Ticket is required for an infant to travel on international flights even if no fare is paid. In addition, some international destinations may carry service charges. A USD 0 value or fee only Ticket may be issued for an infant. 4) Children who have reached their second birthday are required to purchase a seat and occupy a seat with a separate seat belt. Infants reaching their second birthday after outbound flights will be required to purchase a Ticket and occupy a seat for continuing/return flights only. 5) Infant/child Seats: Children unable to sit upright with the seat belt fastened must be carried in an approved infant/child seat, if not being held by an Adult Passenger as a lap child. Infant/child seats: a) Must be FAA approved and be clearly marked with the original NHTSA label, must be approved by a foreign government with a label showing that the seat was manufactured under the standards of the United Nations, or must conform to the Canadian Motor Vehicle Safety Standard (CMVSS) 213 or 213.1 whereby a label of compliance must be affixed to the seat indicating compliance with the same. b) Must be used in unoccupied aircraft seats and cannot be held in an adult’s lap. c) Cannot be used in an Exit Row. d) Must remain properly secured to an aircraft seat at all times unless stored as a carry-on. 6) Proof of age may be required by UA for any child, minor, or infant traveling accompanied. B) Children/Minors Traveling Unaccompanied 1) UA offers Unaccompanied Minor service for children/minors under age 18 who are not accompanied by a passenger who is at least 18 years old or a Parent/Legal Guardian. The policies for UA’s Unaccompanied Minor service apply only to nonstop flights operated by UA and Carriers doing business as United Express. UA does not offer unaccompanied minor service to or from other carriers. 2) Unaccompanied children under five (5) years of age are not accepted on flights operated by UA and Carriers doing business as United Express. 3) UA’s Unaccompanied Minor service is mandatory for unaccompanied children age five (5) to eleven (11) years old and optional for unaccompanied minors age 12 to 17 years old. For minors not using UA’s Unaccompanied Minor service, UA will assume no financial or guardianship responsibilities beyond those applicable to an adult Passenger. 4) Unaccompanied children/minors can only travel on nonstop flights operated by UA and Carriers doing business as United Express. 5) Unaccompanied children/minors must be brought to the airport of departure by a parent, legal guardian, or responsible adult who shall remain with the unaccompanied child(ren)/minor(s) until the unaccompanied child(ren)/minor(s) has boarded and the plane is airborne, and who shall confirm that the unaccompanied child(ren)/minor(s) will be met by another parent, legal guardian, or responsible adult upon deplaning at the final destination and shall furnish UA with that individual’s name, address, and phone number(s). 6) The parent, legal guardian, or responsible adult receiving the unaccompanied child(ren)/minor(s) upon deplaning at the final destination may be required to present a government-issued photo ID that matches the name and address provided by the parent or guardian who delivered the child to the departure airport, and may also be required to complete and sign documentation relating to such unaccompanied child(ren)/minor(s). UA reserves the right to refuse to release an unaccompanied minor to anyone other than the pre-designated individual. 7) When two or more unaccompanied minors are traveling together, the most restrictive age requirement will apply. 8) Proof of age may be required by UA. C) Unaccompanied Minor Service Charge 1) Service charges for Unaccompanied Minor service is subject to change at UA’s discretion. The fare for Unaccompanied Minor service for children 5-17 includes the applicable adult fare in addition to a service charge of 150 USD/150 CAD assessed for each one-way journey from the child’s boarding point to the child’s final destination. Visit UA’s website, www.united.com, for more information about UA’s Unaccompanied Minor policies, as well as tips concerning children traveling alone. 2) For purposes of this Rule, Unaccompanied Minor service includes reasonable supervision for Unaccompanied Minors from boarding until deplaning at the final destination. RULE 14 SPECIAL SERVICES A) Definition of Non-Ambulatory under this Rule: 1)

B) C)

D)

Persons who are unable to move themselves or need the support of another person to walk or move, but who are otherwise capable of caring for themselves without assistance throughout the flight are considered Non-Ambulatory. 2) If a Passenger uses a wheelchair for convenience, the Passenger is not considered to be NonAmbulatory. 3) A child or infant is not considered to be Non-Ambulatory merely because of his/her age, except when requiring an Infant Transport System. 4) If the Passenger can move himself/herself from his/her seat to the nearest emergency exit without the aid of another person, the Passenger is not considered to be Non-Ambulatory, regardless of the degree of impairment. Qualifications for Acceptance of Non-Ambulatory Passengers - Non-Ambulatory Passengers are accepted when accompanied by an assistant able to assist the Non-Ambulatory Passenger to evacuate the aircraft in accordance with 14 CFR Part 382.29. See Rule 21. Qualified Individual with a Disability - UA requires a Passenger, including a Qualified Individual with a Disability, to provide up to 48 hours’ advance notice and check-in one hour before the check-in time for the general public for Domestic U.S. flights and for International flights as set forth in Rules 5 D) and 5 E) if such Passenger wishes to receive any of the following service accommodations: 1) Transportation of an electric wheelchair on an aircraft with fewer than 60 seats. 2) Provision by UA of hazardous materials packaging for a battery for a wheelchair or other assistive device. 3) Accommodation for a group of ten or more Qualified Individuals with Disabilities who make reservations and travel as a group. 4) Provision of an on-board wheelchair on an aircraft with more than 60 seats that does not have an accessible lavatory. 5) Transportation of an emotional support or psychiatric service animal in the cabin. 6) Provision by UA of carrier-supplied in-flight medical oxygen (if applicable). 7) Use of a ventilator, respirator, Continuous Positive Airway Pressure (CPAP) machine, or Passenger’s own Personal Oxygen Concentrator (POC). When Travel Assistance is Required: 1) If UA determines that an assistant is essential for safety, UA may require that a Passenger, including a Qualified Individual with a Disability, meeting any of the following criteria travel with an assistant as a condition of being provided air transportation: a) A person who, because of a mental disability, is unable to comprehend or respond appropriately to safety instructions from UA personnel, including the safety briefing required by 14 CFR, Part 121.571(a)(3), (a)(4) and 135.117(b); b) A person with a mobility impairment so severe that the person is unable to physically assist in his or her evacuation of the aircraft; or c) A person who has both severe hearing and severe vision impairments if the person cannot establish some means of communication with UA personnel adequate to permit the transmission of the required safety briefing. NOTE: If UA determines that a person meeting the criteria in subparagraphs (a), (b) or (c) above must travel with an assistant, contrary to the individual’s self-assessment that he/ she is capable of traveling independently, UA will not charge for the transportation of the assistant. EXCEPTION: For Passengers traveling to/from Canada, UA will accept a disabled person’s determination of his/her self-reliance. NOTE: Flight attendants and other crew members cannot assist with any medical services, assistance inside the lavatory, or in actual feeding. If, because there is not a seat available on a flight for an assistant whom UA has determined to be necessary, a Qualified Individual with a Disability with only one confirmed reservation is unable to travel on the flight, the Qualified Individual with a Disability shall be eligible for denied boarding compensation in accordance with Rule 25. For purposes of determining whether a seat is available for an assistant, the assistant shall be deemed to have checked in at the same time as the Qualified Individual with a Disability. For Rules regarding wheelchairs, see Rules 23 and 28.

2)

E)

RULE 15 MEDICAL SERVICES A) Onboard Medical Oxygen Service - UA may provide on-board medical oxygen service when requested in advance and only in limited markets in the Micronesia area. Passengers requesting on-board medical oxygen service will be required to give UA a minimum 48 hours advance notice and check-in one hour before the check-in time for the general public for Domestic U.S. and International flights as set forth in Rule 5 D) and E). Contact UA to verify availability and additional conditions of service. UA is not liable for failure to provide this service in emergency or other circumstances beyond its control. B) Passenger-Provided Portable Oxygen Concentrators - Portable oxygen concentrators (POCs) approved by the Federal Aviation Administration (FAA) may be carried and used on board flights operated by UA worldwide, at no charge, in accordance with specific FAA requirements. Passengers utilizing POCs are required to give UA a minimum 48 advance notice and check-in one hour before the check-in time for the general public for Domestic U.S. and International flights as set forth in Rule 5 D) and E) and must also meet the following conditions: 1) Check www.united.com for a list of specific POCs currently approved by the FAA. 2) Non-approved POC brands and models that do not contain compressed or liquid oxygen may be carried in the cabin if they meet United’s carry-on size and weight requirements. Alternatively, they may be transported as checked baggage. UA may accept other brands and models for use on board in the future as they become approved by the FAA and UA.

C)

Passengers must satisfy specific requirements prior to boarding the aircraft. The Passenger must: a) provide advance notice in the reservation record that he/she is planning to use a POC on board the flight. b) have a signed written Doctor’s statement that: (i) states the user of the POC has the physical and cognitive ability to see, hear and understand the device’s aural and visual cautions and warnings and is able, without assistance, to take appropriate action in response to those cautions and warnings. (ii) states whether or not oxygen use is medically necessary for all or a portion of the flight(s) listed on the Passenger’s itinerary. (iii) specifies the maximum oxygen flow rate in liters per minute corresponding to the pressure in the cabin of the aircraft under normal operating conditions. (iv) may be reviewed at the airport prior to boarding and must be kept by the Passenger and provided upon request by UA personnel at any time during travel. Passengers may use and print out the Medical Verification Statement available on UA’s website, www.united.com. c) ensure that he/she has ample batteries to power the POC for the duration of his/her flight plus 3.0 additional hours to allow for unanticipated delays and any ground connection time where the POC is planned to be used. (NOTE: aircraft in -seat electrical power is not available for Passenger use with POCs). d) ensure that all extra batteries are properly protected from short circuiting by either: (i) having recessed battery terminals or; (ii) packing them so that the batteries do not contact metal objects including the terminals of other batteries. 4) Failure to meet the requirements will result in denied use of the POC during travel. Passengers planning on traveling with POCs are solely responsible for advising UA as soon as reservations are confirmed, regardless of whether the reservations were made through a travel agent, on the internet or directly with UA, in order to confirm specific requirements and to provide the airline with required information. 5) When travelling on or connecting to or from any flight other than a UA or a United Express flight, the Passenger is responsible for notifying and making independent arrangements directly with the other airline. 6) POCs are assistive devices for Passengers with disabilities. As such, they do not count toward carry-on or checked baggage limits, whether or not they are used on board. They must be able to fit underneath the seat or in an overhead storage compartment. A Passenger using a POC may not sit in an exit row or bulkhead seat. Additionally, a Passenger using a POC during takeoff and landing may not sit in an aisle seat. 7) UA is not liable for POC equipment failures, failure of the batteries that power the POC, or any other losses or damages alleged by the Passenger or any other person arising out of the use or possession of the POC, unless caused by the gross negligence or willful misconduct of UA. Medical Transport Services - These services are limited and provided only in the Micronesia region. Passengers must provide 48 hours’ advance notice for these services (UA will make reasonable efforts to accommodate Passengers who fail to meet the 48-hour reservation/notification requirement, but will not be obligated to do so). Subject to UA’s approval based upon the availability of space, appropriate equipment, aircraft type, and pursuant to the following conditions: 1) Passengers on Stretchers a) Passenger must comply with UA’s medical procedures; b) Passenger must pay for all seats required for stretcher transportation as determined by UA; c) Passenger must be accompanied by two assistants, provided at the Passenger’s expense, one being a medical escort and the other a family member or guardian; d) The cost of ambulance service, hospitalization and other ground services shall be paid by the Passenger; e) The normal Baggage Allowance will apply to each fare paid; and f) The loading and unloading of the stretcher Passenger is the responsibility of the stretcher Passenger’s assistants and must be arranged by the Passenger at his or her own expense. 2) All necessary medical documentation must be completed and provided to UA prior to flight.

RULE 16 SERVICE ANIMALS A) UA accepts for transportation, without charge, trained Service Animals for travel with a Qualified Individual with a Disability who requires the animal to assist them in the performance of necessary activities. The animals will be permitted to accompany the Passenger in the cabin, if they meet the conditions of acceptance noted below. Service animals may not occupy a seat. Certain unusual animals/reptiles pose unavoidable safety and/or public health concerns and UA will not accept snakes, other reptiles, ferrets, rodents and spiders as Service Animals. B) Conditions of Acceptance 1) UA shall accept as evidence that an animal is a Service Animal such items as identification cards, other written documentation, the type of harness or markings on the harness, tags, or other credible assurances of the Qualified Individual with a Disability using the animal. 2) Service Animals must be properly harnessed or leashed and remain under the direct control of the Passenger. A Service Animal will be denied boarding or removed from the flight by UA if the animal cannot be contained by the passenger or otherwise exhibits behavior that poses a threat to the health or safety of other passengers or a significant threat of disruption. 3) Certain Service Animals, such as specific breeds of monkeys, must be small enough to fit in the space under the seat without invading another Passenger’s seat area during the entire flight. If no other seat accommodation can be made and the animal is too big to fit safely in the cabin, the Service Animal must be transported as cargo through the PetSafe® program. 4) Passengers with Service Animals will not be seated in emergency exit rows. They may not obstruct an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation. 5) A Passenger requesting to travel with an animal that is used as an emotional support or psychiatric Service Animal will be required to provide to UA current documentation (i.e., not older than one year from the date of the Passenger’s scheduled initial flight) on the letterhead of a licensed mental health professional (e.g., psychiatrist, psychologist, licensed clinical social worker, including a medical doctor specifically treating the passenger’s mental or emotional disability) stating the following: (1) the passenger has a mental or emotional disability recognized in the Diagnostic and Statistical Manual of Mental Disorders-Fourth Edition (DSMIV); (2) the Passenger needs the emotional support or psychiatric Service Animal as an accommodation for air travel and/or for activity at the Passenger’s destination; (3) the individual providing the assessment is a licensed mental health professional and the Passenger is under his or her professional care; and (4) the date and type of the mental health professional’s license and the state or other jurisdiction in which it was issued. UA reserves the right to authenticate any documentation presented. C) UA accepts for transportation, without charge, a properly harnessed dog trained in explosive detection, drug search, and rescue, or other specific functions, when accompanied by its handler on official emergency business as authorized by an appropriate federal, state, or local government agency. Such official duty status must be documented in writing to the satisfaction of UA. The dog will be permitted to accompany its handler into the cabin, but not to occupy a seat. D) Local regulations at the Passenger’s final or intermediate destination(s) may apply and impose further requirements or restrictions, including but not limited to, carriage in the passenger cabin, limitations on the designation of Service Animals to dogs only, or the non-recognition of emotional support animals as trained and qualified Service Animals. E) The Passenger assumes full responsibility for the safety, well-being, and conduct of its Service Animal, including the interaction of the Service Animal with other Passengers who may come in contact with the animal while on board the aircraft, and for compliance with all governmental requirements, regulations, or restrictions, including entry permits and required health certificates of the country, state, or territory from and/ or to which the animal is being transported. Any Passenger who, by failing to comply with this Section, causes UA any loss, damage or expense of any kind, consents and acknowledges that he or she shall reimburse UA for any such loss, damage or expense. F) Trainers are permitted to bring one service animal onboard free of charge that is training to assist disabled passengers. This service animal must not occupy a seat, and must meet all other conditions specified in this Rule. Trainers transporting service animals who are not in training must check these animals as cargo through the PetSafe® program. RULE 17 GROUND TRANSFER SERVICE A) UA may provide ground transfer service between airports and city centers. B) Except where ground transfer service is directly operated by UA, it is agreed that any such service is performed by independent operators. Such independent operators are not agents or servants of UA, and UA assumes no responsibility for the ground transfer of any passenger and/or his/her baggage. Anything done by an employee, agent or representative of UA in assisting the Passenger to make arrangements for such independent ground transfer service shall in no way make UA liable for the acts or omissions of such independent operator. C) In cases where UA maintains and directly operates local transfer services for its Passengers, the terms, conditions, rules and regulations of UA, including but not limited to, those stated or to which reference is made in UA’s Tickets, Baggage Checks and baggage valuation agreements shall be deemed applicable to such local ground transfer services. No portion of the air transportation fare shall be refundable in the event local ground services are not used by the Passenger. RULE 18 SERVICE PROVIDED BY UNITED EXPRESS AND OTHER CODESHARE PARTNERS A) UA has arrangements with certain other carriers to enable UA to provide Codeshare services to Passengers on flights operated by these carriers. Transportation provided by UA under a Codeshare arrangement with these carriers is designated by a flight number that includes UA’s two-letter airline designator code, “UA”. B) For Codeshare services on flights operated by another carrier, UA is responsible for the entirety of the Codeshare journey for all obligations to Passengers established in these rules. The rules contained herein with respect to ticketing will apply to UA Codeshare services on flights operated by partner airlines. Notwithstanding the foregoing, the baggage liability provisions set forth in Rule 28 shall govern the liability of UA with respect to any transportation subject to this Contract. C) When another foreign or U.S. Codeshare partner operates a flight on which UA’s designator code “UA” appears, the operating carrier’s contingency plan for lengthy tarmac delays will apply to that flight. RULE 19 TRAVEL DOCUMENTS A) Each Passenger desiring transportation across any international boundary is responsible for obtaining and presenting all necessary travel documents, which shall be in good condition, and for complying with the laws of each country flown from, through or into which he/she desires transportation. Any Passenger who, by failing to comply with the laws of each country flown from, through or into which he/she desires transportation, causes UA any loss, damage or expense of any kind, consents and acknowledges that he or she shall reimburse UA for any such loss, damage or expense. UA is not liable for any assistance or information provided by any employee or agent of UA to any Passenger relating to such documents or compliance with such laws, or for the consequences to any Passenger resulting from his/her failure to obtain and present such documents, which shall be in good condition, or to comply with such laws. Where legally permitted, UA reserves the right to hold, photocopy or otherwise reproduce a travel document presented by any Passenger. UA also reserves the right to deny boarding to any Passenger whose necessary travel documents are not in good condition according to UA’s reasonable belief, or which otherwise do not comply with laws of the specific country the Passenger is departing from, transiting through, or traveling to. B) Subject to applicable laws and regulations, the Passenger must pay the applicable fare whenever UA, on government order, is required to return a Passenger to his/her point of origin or elsewhere due to the Passenger’s inadmissibility into/or deportation from a country. The fare will be the applicable fare in effect at the time of the original Ticket’s issuance. Any difference between the applicable fare and the fare paid will be collected from or refunded to the Passenger, as the case may be. UA will apply to the payment of such fares any funds paid by the Passenger for unused carriage or any funds of the Passenger in possession of UA. The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by UA unless the law of such country requires that the fare be refunded. C) This Rule and its limitations include, but are not limited to, Travel Documents related to travel by minors. Parents/guardians of minors are responsible for compliance with all requirements and procedures for minors travelling internationally, including, but not limited to documentary evidence, such as a notarized letter of relationship and permission for the minor’s travel from the parent or legal guardian not present. RULE 20 SCREENING OF PASSENGERS AND BAGGAGE Passengers and/or their baggage are subject to security screening, including but not limited to, security profiling, physical pat-downs and inspections, x-ray screening, manual bag searches, questioning of Passengers, and use of electronic or other detectors or screening or security devices, in the sole discretion of the government, airport or UA, and with or without the Passenger’s presence, consent or knowledge. Neither UA nor its employees or agents is liable for any damage, loss, delay (including refusal to transport), confiscation of property, injury or other harm relating to or arising out of security screening conducted by an agent of the airport or any local, state, or federal agency or a Passenger’s failure to submit to or comply with such security screening.

I)

UA any loss, damage or expense of any kind, consents and acknowledges that he or she shall reimburse UA for any such loss, damage or expense. UA has the right to refuse transport, on a permanent basis, to any passenger who has been repeatedly disorderly, offensive, abusive, or violent. In addition, the activities enumerated in H) 1) through 8) shall constitute a material breach of contract, for which UA shall be excused from performing its obligations under this contract. UA is not liable for its refusal to transport any passenger or for its removal of any passenger in accordance with this Rule. A Passenger who is removed or refused transportation in accordance with this Rule may be eligible for a refund upon request. See Rule 27 A). As an express precondition to issuance of any refund, UA shall not be responsible for damages of any kind whatsoever. The passenger’s sole and exclusive remedy shall be Rule 27 A).

RULE 22 SMOKING POLICY Smoking (including use of electronic simulated smoking materials and smokeless cigarettes) is not permitted on any flights operated by UA. Use of betel nut (i.e., betel chewing) is also prohibited on all flights operated by United. Federal law also prohibits smoking in an airplane lavatory and tampering with, disabling, or destroying any smoke detector installed in any airplane lavatory. Federal law provides for a penalty of up to $2,000 for tampering with the smoke detector installed in this lavatory. Individuals are subject to FAA enforcement action and substantial monetary penalties for violation of this law and related regulations. By purchasing a ticket or accepting transportation, the Passenger agrees to comply with UA’s policy on smoking and use of other smokeless materials, as well as applicable federal law, and UA reserves the right to seek reimbursement from any Passenger whose failure to do so causes UA any loss, damage or expense. RULE 23 BAGGAGE A) General Conditions of Acceptance - Passengers may check Baggage for carriage in the cargo compartment of the aircraft and/or may carry Baggage on board the aircraft subject to provisions in this Rule. UA will accept Baggage subject to the following conditions: 1) Passengers must present a valid Ticket for transportation over the lines of UA or over the lines of UA and one or more other carriers with which UA has an Interline Transportation agreement. 2) UA has the right to refuse to transport Baggage on any flight other than the one carrying the Passenger. 3) UA will refuse to accept property for transportation when the size, weight, character or type of packaging renders it unsuitable for transportation on the particular aircraft which is to transport it, or when the property cannot be accommodated without harming or annoying Passengers or which poses a risk to other baggage or cargo, or which is not suitable or adequately packed to withstand ordinary handling, unless the passenger executes a release form. 4) All Baggage or other property for which UA assumes custody and for which it issues a Baggage Claim Check shall be deemed acceptable for transportation by air. 5) Baggage will not be checked: a) To a point that is not on the Passenger’s Routing; b) Beyond the Passenger’s next point of Stopover or, if there is no Stopover, beyond the final Destination of the Ticket; c) Beyond a point to which all applicable charges have been paid; d) Beyond a point at which the Passenger is to Transfer to a connecting flight, if that flight is scheduled to depart from an airport different from the one at which the Passenger is scheduled to arrive; or e) To an intermediate point unless the intermediate point to which the Baggage is to be checked is a permissible Stopover point at the fare paid (except if the Passenger is making a connection to the first available UA flight departing from such intermediate point and the connection exceeds four hours, the Passenger may reclaim his/her Baggage at such intermediate connecting point). 6) UA has the right to refuse to accept Baggage from the Passenger if the Passenger fails to present the Baggage within the Check-in time limits specified in Rules 5 D) and E), or if the Passenger will be voluntarily separated from his or her Baggage (other than those Passengers whose flight is oversold and who volunteer to take a later flight). UA may require a signed release of liability as a condition of Baggage acceptance in these circumstances. 7) It is the Passenger’s responsibility to attach proper identification to Baggage, and UA is not liable for a Passenger’s failure to do so. It is also the Passenger’s responsibility to claim the checked baggage at the baggage claim area, and UA assumes no obligation to verify the identity of the bearer at the destination airport. 8) Checked Baggage will generally be carried on the same aircraft as the Passenger unless such carriage is deemed impractical by carrier, in which event the carrier will make arrangements to transport the Baggage on the next flight on which space is available. 9) All baggage is subject to inspection by UA and/or the TSA. However, there is no obligation that UA perform an inspection. UA will refuse to transport or will remove at any point baggage that the passenger refuses to submit for inspection. 10) UA will not accept baggage or other personal property for storage. B) Baggage Allowance - When a Passenger presents a valid Ticket for transportation between points on UA, transportation of the Passenger’s Baggage between such points will be subject to the terms and conditions of this Rule, as well as the Additional Liability Limitations found in Rule 28. For purposes of this Rule, “Baggage Allowance” is defined as the number of pieces of Baggage that will be carried subject to payment of applicable service charge(s), either as Checked Baggage or Carry-on Baggage, provided such Baggage meets the specified Maximum Outside Linear Dimensions and maximum weight of each piece. 1) Checked Baggage Allowance - UA will accept up to two pieces of Checked Baggage with a maximum weight of 50 pounds (23kg) and a Maximum Outside Linear Dimension of 62 inches (158cm) (measured by adding the width + length + height) subject to payment of the applicable service charge(s). First and second Checked Baggage service charges vary depending on the type of fare purchased, date of purchase, date of travel, active military status, the Passenger’s itinerary (e.g., domestic or international), and/or when and where baggage is checked and the applicable service charge is paid (e.g., checked and pre-paid at united.com or at the airport). Subject to the forgoing statement, for travel within the United States, and to and from Canada, Puerto Rico, the Virgin Islands, the Caribbean, and Mexico, the first checked bag service charge is 25 USD/25 CAD. For travel within the United States, and to and from Canada, Puerto Rico, and the Virgin Islands, the second checked bag service charge is 35 USD/35 CAD. For travel between the United States, Canada, Puerto Rico, the Virgin Islands, the Caribbean, Mexico, Costa Rica, and Belize, the first checked bag service charge is 25 USD/25 CAD, and the second checked bag service charge is 40 USD/40 CAD. For travel between the United States, Canada, Puerto Rico, the Virgin Islands and the rest of Central America, the second bag service charge is 40 USD/40 CAD. For travel between North and Central America to/from Argentina between November 15 and January 15, the second checked bag service charge is 70 USD/70 CAD, otherwise the first and second checked bag service charges are 0. For travel between North, Central and South America to/from Europe, Africa and certain Middle Eastern countries, the second checked bag service charge is 100 USD/100 CAD (except between Canada and the United Kingdom where the 2nd bag service charge is 70 USD/70 CAD). For travel to and from Australia and New Zealand, the second checked bag service charge is 100 USD/100 CAD. For travel to and from Micronesia/Guam and North, Central and South America, Europe, Africa, and certain Middle Eastern countries, the second checked bag service charge is 70 USD/70 CAD. For travel between Micronesia/Guam, the second checked bag service charge is 40 USD/40 CAD. A second checked bag service charge of 100 USD/100 CAD applies if travel originates outside of Asia to certain Asian countries. Passengers who travel with a third or more checked bags will be charged 150 USD/150 CAD per piece for travel within the United States, and between the United States and Canada, Puerto Rico, and the U.S. Virgin Islands. For travel to Mexico, the Caribbean, Central America and South America, checked baggage in excess of the Baggage Allowance will be charged 150 USD. For all other international destinations, checked baggage in excess of the Baggage Allowance will be charged 200 USD. In addition, the following provisions apply for Checked Baggage: a) UA may, at its sole discretion, change, consider and make exceptions to its Baggage Allowance policy (e.g., to the number, size, weight, type, and/or applicable service charges) for certain MileagePlus members, First Class and Business First customers, certain credit card holders, active military personnel, and/or other Passengers depending on the fare class purchased. b) Applicable Baggage service charges(s) paid are non-refundable. A Passenger who does not travel as a result of a cancellation, Change in Schedule, or Schedule Irregularity will be eligible for a refund upon request. See Rule 27 C). United will also reimburse Passengers for any fee charged to transport bag(s) that are lost. c) UA may allow certain sporting equipment and other items to be checked in lieu of one piece of Baggage. See Rule 23 E) for more information. d) Boxes with a maximum of 50 lbs and 42 linear inches (107 cm) may be accepted as Checked Baggage on flights operating as United Express to the Caribbean, Central America, and Mexico. e) For travel to, from or within Micronesia, Baggage is limited to two checked bags, 1 checked bag and 1 checked box or 1 checked bag and 1 checked cooler not to exceed Maximum Outside Linear Dimensions of 62 linear inches (158 cm) and 50 pounds (23 kg). f) If bags exceed the maximum linear dimensions, weight, or allowance, excess baggage charges may also apply. Baggage weighing 100 pounds (45 kg) or more will not be accepted as checked baggage. g) The items listed below will not be included as part of the Checked Baggage Policy, and can be checked free of charge: (i) Assistive devices (e.g. cane, one set of crutches, one set of braces, prosthetic devices, or a wheelchair). For additional information on wheelchairs, see G) 4) below. (ii) For flights departing from Hawaii, one box of pre-packaged fruit up to a maximum weight of 15 pounds. (iii) One child/infant’s car restraint seat or one collapsible stroller. NOTE: One seat and collapsible stroller is allowed for each accompanied child. 2) Carry-on Free Baggage Allowance - UA will accept one piece of Carry-on Baggage free of charge, which, for purposes of this Rule, is referred to as the “Carry-on Free Baggage Allowance”, and one personal item such as a shoulder bag, backpack, briefcase, laptop bag or similar item. Carry-on Baggage must not exceed the Maximum Outside Linear Dimensions of 9 inches (22 cm) x 14 inches (35 cm) x 22 inches (56 cm), which includes its wheels and handles. Personal items must not exceed 9 inches (22 cm) x 10 inches (25 cm) x 17 inches (43 cm), which includes any wheels and handles. A personal item that exceeds these maximum linear dimensions but is not greater than 9 inches (22 cm) x 14 inches (35 cm) x 22 inches (56 cm) will be considered as Carryon Baggage. Carry-on Baggage or personal items suspected of being oversized may require being placed into a sizing unit to determine acceptability. Carry-on Baggage that exceeds the Maximum Linear Dimensions allowed or that exceeds the Carry-on Free Baggage Allowance will be considered as Checked Baggage and is subject to Checked Baggage service charges. Carryon Baggage may be stored in carry-on compartments of the aircraft if so equipped, or it must be retained in the Passenger’s custody and stored under a seat or in an overhead compartment approved for the carriage of such Baggage. See Rule 23 F) 5) below for UA’s Carry-on policy regarding musical instruments. Carry-on Baggage is subject to the following additional conditions: a) Operations, space constraints, security directives and/or other safety considerations may require limitations to the allowa C U m m U C C w C m w M m mO Dm C w w m w C m w m m m m m w m m w w m w m m M m

RULE 21 REFUSAL TO TRANSPORT UA shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons: A) Breach of Contract of Carriage – Failure by Passenger to comply with the Rules of the Contract of Carriage. B) Government Request or Regulations – Whenever such action is necessary to comply with any government regulation, security directive, or any governmental request for emergency transportation in connection with the national defense. C) Force Majeure and Other Unforeseeable Conditions – Whenever such action is necessary or advisable by reason of weather or other conditions beyond UA’s control including, but not limited to, acts of God, force majeure, strikes, civil commotions, embargoes, wars, hostilities, terrorist activities, or disturbances, whether actual, threatened, or reported. D) Search of Passenger or Property – Whenever a Passenger refuses to submit to electronic surveillance or to permit search of his/her person or property. E) Proof of Identity – Whenever a Passenger refuses on request to produce identification satisfactory to UA or who presents a Ticket to board and whose identification does not match the name on the Ticket. UA shall have the right, but shall not be obligated, to require identification of persons purchasing tickets and/or presenting a ticket(s) for the purpose of boarding the aircraft. F) Failure to Pay – Whenever a Passenger has not paid the appropriate fare for a Ticket, Baggage, or applicable service charges for services required for travel, or produced satisfactory proof to UA that the Passenger is an authorized non-revenue Passenger or has engaged in a prohibited practice as specified in Rule 6. G) Across International Boundaries – Whenever a Passenger is traveling across any international boundary if: 1) The government required travel documents of such Passenger appear not to be in order according to UA’s reasonable belief; or 2) Such Passenger’s embarkation from, transit through, or entry into any country from, through, or to which such Passenger desires transportation would be unlawful or denied for any reason. H) Safety – Whenever refusal or removal of a Passenger may be necessary for the safety of such Passenger or other Passengers or members of the crew including, but not limited to: 1) Passengers whose conduct is disorderly, offensive, abusive, or violent; 2) Passengers who fail to comply with or interfere with the duties of the members of the flight crew, federal regulations, or security directives; 3) Passengers who assault any employee of UA, including the gate agents and flight crew, or any UA Passenger; 4) Passengers who, through and as a result of their conduct, cause a disturbance such that the captain or member of the cockpit crew must leave the cockpit in order to attend to the disturbance; 5) Passengers who are barefoot or not properly clothed; 6) Passengers who appear to be intoxicated or under the influence of drugs to a degree that the Passenger may endanger the Passenger or another Passenger or members of the crew (other than a qualified individual whose appearance or involuntary behavior may make them appear to be intoxicated or under the influence of drugs); 7) Passengers wearing or possessing on or about their person concealed or unconcealed deadly or dangerous weapons; provided, however, that UA will carry law enforcement personnel who meet the qualifications and conditions established in 49 C.F.R. §1544.219; 8) Passengers who are unwilling or unable to follow UA’s policy on smoking or use of other smokeless materials; 9) Unless they comply with Rule 6 I), Passengers who are unable to sit in a single seat with the seat belt properly secured, and/or are unable to put the seat’s armrests down when seated and remain seated with the armrest down for the entirety of the flight, and/or passengers who significantly encroach upon the adjoining passenger’s seat; 10) Passengers who are manacled or in the custody of law enforcement personnel; 11) Passengers who have resisted or may reasonably be believed to be capable of resisting custodial supervision; 12) Pregnant Passengers in their ninth month, unless such Passenger provides a doctor’s certificate dated no more than 72 hours prior to departure stating that the doctor has examined and found the Passenger to be physically fit for air travel to and from the destination requested on the date of the flight, and that the estimated date of delivery is after the date of the last flight; 13) Passengers who are incapable of completing a flight safely, without requiring extraordinary medical assistance during the flight, as well as Passengers who appear to have symptoms of or have a communicable disease or condition that could pose a direct threat to the health or safety of others on the flight, or who refuse a screening for such disease or condition. (NOTE: UA requires a medical certificate for Passengers who wish to travel under such circumstances. Visit UA’s website, such circumstances. Visit UA’s website, such circumstances. Visit UA’s website, 14) Passengers who fail to travel with the required safety assistant(s), advance notice and/or other safety requirements pursuant to Rules 14 and 15; 15) Passengers who do not qualify as acceptable Non-Ambulatory Passengers (see Rule 14); 16) Passengers who have or cause a malodorous condition (other than individuals qualifying as disabled); 17) Persons who are mentally deranged or mentally incapacitated whose behavior may be hazardous to himself/herself, the crew, or other passengers. However, UA will accept escorted mental patients if the requesting mental authority furnishes a medical certificate which states that the mental patient may be transported safely. The escort must accompany the escorted passenger at all times; and 18) Unaccompanied passengers who are both blind and deaf, unless such passenger is able to communicate with representatives of UA by either physical, mechanical, electronic, or other means. Such passenger must inform UA of the method of communication to be used. NOTE: Any Passenger who, by reason of engaging in the above activities in this Rule 21, causes

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on flights to/from certain destinations during certain specified dates (usually holiday periods). Contact United’s Customer Contact Center for a list of cities and effective dates. Additional Limits on Excess and Oversize/Overweight Baggage for Certain International Travel a) For travel between the U.S.A./Canada and points in Mexico (except during embargo periods) upon payment of the applicable Excess Baggage charges: (i) Leon - one article of Baggage in excess of the Baggage Allowance will be accepted. (ii) Guadalajara, Mexico City and Veracruz – up to three articles of Baggage in excess of the Baggage Allowance will be accepted. (iii) Mexico on flights operating as United Express - one article of Baggage in excess of the Baggage Allowance will be accepted. (iv) Mexico (all other cities and flights) – up to three articles of Baggage in excess of the Baggage Allowance will be accepted. b) For travel between the U.S.A./Canada and points in the Caribbean (except during embargo periods) upon payment of the applicable Excess Baggage charges: (i) Dominican Republic, Tortola, British Virgin Islands - No Baggage in excess of the Baggage Allowance will be accepted. (ii) Caribbean on flights operating as United Express - one article of Baggage in excess of the Baggage Allowance will be accepted. (iii) Jamaica – up to three articles of Baggage in excess of the Baggage Allowance will be accepted. (iv) Trinidad - one article of Baggage in excess of the Baggage Allowance will be accepted. (v) Caribbean (all other flights) - up to three articles of Baggage in excess of the Baggage Allowance will be accepted. c) For travel between the U.S.A./Canada and points in Central America/Panama (except during embargo periods) upon payment of the applicable Excess Baggage charges: (i) Belize and/or Costa Rica – up to three articles of Baggage in excess of the Baggage Allowance will be accepted. (ii) Honduras: a. Tegucigalpa - No Baggage in excess of the Baggage Allowance will be accepted. b. San Pedro Sula and Roatan – up to three articles of Baggage in excess of the Baggage Allowance will be accepted. (iii) To El Salvador - No Baggage in excess of the Baggage Allowance will be accepted. (iv) From El Salvador – up to three articles of Baggage in excess of the Baggage Allowance will be accepted. (v) Central America/Panama on flights operating as United Express - one article of Baggage in excess of the Baggage Allowance will be accepted. (vi) Applicable for travel between the U.S.A./Canada and Central America/Panama (all other flights) – up to three articles of Baggage in excess of the Baggage Allowance will be accepted. d) For travel between the U.S.A./Canada and South America (except during embargo periods) upon payment of the applicable Excess Baggage charges: (i) Peru, Venezuela and Colombia - No Baggage in excess of the Baggage Allowance will be accepted. (ii) Brazil – up to three articles of Baggage in excess of the Baggage Allowance will be accepted. (iii) Ecuador – up to two articles of Baggage in excess of the Baggage Allowance will be accepted. (iv) South America (all other flights) – up to three articles of Baggage in excess of the Baggage Allowance will be accepted. e) For travel between the U.S.A./Canada and the Philippines – up to three articles of Baggage in excess of the Baggage Allowance will be accepted for transportation upon payment of the applicable Excess Baggage charges. Additional articles may be carried as airfreight only and subject to applicable freight rates and availability. 9) Declaration of Higher Value for Checked Baggage a) A Passenger may, when checking in for a flight and presenting Baggage to be checked for transportation, declare a value higher than the maximum limitation of liability amount specified herein subject to the conditions and charges below, in which event UA’s liability shall not exceed the declared higher value. b) UA’s higher valuation may be purchased at the one-way rate of 1 USD per 100 USD of declared higher value, but total declared value may not exceed 5,000 USD. UA’s liability shall be less than the declared value if UA proves that the amount declared exceeds the value of the baggage in question. Higher valuations may not be declared for transportation of articles excluded from liability in section 28 K) 3 below. c) Except for certain International Carriage subject to the terms of the Montreal Convention, declaration of higher value shall not apply to sporting equipment, golfing equipment, bicycles, personal human transporters, musical instruments or musical instrument cases or strollers. d) UA has the discretion to not accept Baggage of any one Passenger having a declared value higher than 5,000 USD, unless special arrangements have been made in advance by the Passenger with UA. e) When personal property, including Baggage, is tendered for transportation via two or more carriers with different maximum limits on declared value, the lowest limit for any such carrier shall apply to all carriers participating in such transportation. f) Excess value charges will be payable on a one-way basis at the point of Origin for the entire journey to the final Destination, provided that, if at a Stopover en route, a Passenger declares a higher excess value than that originally declared, additional value charges for the increased value from Stopover to the final Destination will be due from the Passengers. EXCEPTION: Excess value charges will be due from the Passenger to UA only to the point to which the Baggage is checked, or to the point of Transfer to another carrier, if such point is before the point to which Baggage is checked. D) Cabin Baggage Requiring a Seat - When a Passenger requests that an item be carried in the Passenger cabin of the aircraft as Cabin Baggage, and it is determined by UA in its sole and absolute discretion that the item is acceptable in the cabin but is so fragile and/or bulky as to require the use of a seat, the items will be accepted and considered Cabin Baggage. Examples include, but are not limited to, large or valuable musical instruments, media cameras, artifacts, garment bags, and similar items of a delicate nature or unusual size. In addition to the Carry-on Baggage conditions specified in Section B 2) a) and b) above, the following provisions also apply to Cabin Baggage Requiring a Seat: 1) Ticketed items are subject to thorough inspection. 2) Such items must be able to withstand the rigors of flight and should be packaged or covered, as necessary, to prevent contents from escaping and to avoid possible injury to other passengers. It is prohibited for either the instrument or the case to contain any object not otherwise permitted to be carried in an aircraft cabin because of the rules contained in this Contract, or any applicable law, regulation, rule, and/or security directive. 3) Ticketed items must be carried aboard the aircraft and strapped in a seat adjacent to the owner using the seatbelt securely (eliminating the possibility of shifting). 4) The weight of the item (including any case or covering) is not to impose any load on these seats or floor structure that exceeds the load limitations for these components, and cannot exceed 165 pounds, or the applicable weight restrictions for the aircraft. 5) No article secured to a seat may obstruct access to, or use of, any emergency or regular exit; block or protrude into any aisle or exit path; or obstruct any passenger’s view of the overhead fasten seatbelt and no smoking signs or any required exit sign or video monitor/screens. NOTE: Due to the cabin configuration and FAA regulations, Cabin Baggage locations may vary. 6) No article may be secured in an emergency exit seat. 7) A seat for ticketed Cabin Baggage must be reserved in advance and the applicable charges must be paid. 8) UA will charge 100 percent of the applicable Adult fare for the portion of the trip on which the extra seat is used. The Cabin Baggage will not be included in determining Baggage Allowance or Excess Baggage Charges. NOTE: Cabin-Seat baggage may not be accepted on some aircraft with weight/size restrictions. NOTE: UA personnel, including flight attendants and other crew members, cannot assist with the movement or placement of Cabin Baggage Requiring a Seat. E) Sports Equipment – The sports items listed below, and which must not exceed the maximum weight of 50 pounds (23kg) and a maximum outside linear dimension of 62 inches (158cm), will be accepted as Baggage by UA in accordance with the following provisions and/or special item handling charges specified. Charges are based on a one-way trip and are applicable from the point at which the item is accepted to the point to which the item is transported. Where an item is not included in the Baggage Allowance, and not specified as a special item listed below, it will be treated as excess baggage (first bag service charge, second bag service charge or excess bag service charge may apply, as well as applicable oversize and overweight service charges). Special item fees are based on a per item basis. Except for certain International Carriage subject to the terms of the Montreal Convention, UA is not liable for damage to the Special Items specified below when carried as Checked Baggage. NOTE: Flights operating as United Express do not accept certain items listed below. 1) Archery Equipment - One item of archery equipment (a bow case containing bows, a quiver with arrows, or a maintenance kit of sufficient strength to protect items from damage) will be considered as one item of sporting equipment and allowed in place of one checked bag. United is not liable for damage to archery equipment that is not contained in a hard-sided case. 2) Baseball Equipment – One bag of baseball equipment will be considered as one item of sporting equipment and will be allowed in place of one checked bag. Baseball bats are not permitted in carry-on baggage. 3) Bicycles - United accepts non-motorized bicycles with single or double seats (including tandem) or up to two non-motorized bicycles packed in one case as checked baggage. If the bicycle(s) are packed in a container that is over 50 pounds (23kg) and/or 62 inches (158 cm) service charges apply, a 150 USD/150 CAD service charge applies each way for travel between the U.S., Canada, Puerto Rico and the U.S. Virgin Islands, and a 200 USD service charge applies each way for all other travel. If the bicycle(s) are packed in a container that is less than 50 pounds (23kg) and 62 (158 cm) total linear inches, there is no bicycle service charge, but, if applicable, the first or second bag service charge applies. Handlebars must be turned sideways and protruding pedals and accessories must be removed, or all loose items must be enclosed in plastic foam or similar protective material, or the bicycle must be enclosed in a sealed box. United is not liable for damage to bicycles that do not have the handlebars fixed sideways and pedals removed, handlebars and pedals encased in plastic foam or similar material, or bicycles not contained in a cardboard containers or hard-sided cases. If your itinerary includes a United Express flight, please contact United for information regarding aircraft cargo hold. Bicycles will not be accepted during excess baggage embargos. 4) Boogie/Skim/Speed Boards - One boogie/skim/speed board or one boogie/skim/speed board bag containing up to two boards will be considered as one item of sporting equipment and allowed in place of one checked bag. Excess Valuation may not be purchased for boogie/skim/speed boards. 5) Bowling Equipment - One set of bowling equipment consisting of a bowling bag (up to three in one bag), one to three bowling balls, and one pair of shoes will be considered as one item of sporting equipment and allowed in place of one checked bag. Bowling equipment weighing more than 50 pounds will be subject to overweight baggage charges. Excess valuation may not be purchased for bowling equipment. 6) Camping Equipment – Tents, backpacks or knapsacks, and sleeping bags will be accepted as checked baggage. Certain items made of cloth, plastic, vinyl or other easily torn material and those having aluminum frames, outside pockets, straps, buckles and other protruding parts will be accepted as fragile items. UA shall not be liable for fragile items. Lanterns, stoves and heating equipment which use liquid fuel, propane, butane or similar will not be accepted as baggage in accordance with DOT hazardous materials regulations. 7) Fencing Equipment – One suitable container or packaging securely encasing fencing equipment will be considered as one item of sporting equipment and allowed in place of one checked bag. EXCEPTION: Fencing containers that do not contain only fencing equipment will be subject to Overweight/Oversize Excess Baggage Charges. Excess valuation may not be purchased for fencing equipment. 8) Firearms/Shooting Equipment/Stun Guns – One item of shooting equipment per Passenger will be considered as one checked bag only when permitted by governmental regulations, and subject to the conditions below including UA’s firearm policy. One item of shooting equipment is defined as: One hard-sided shooting equipment case containing up to five firearms, with or without scopes, and 11 pounds (five kgs.) of ammunition. Firearms carried in addition to this allowance will be assessed at the current excess baggage charge. a) International firearm regulations and laws vary by destination and transiting country. Contact appropriate consulates or embassies to obtain specific entry requirements applicable to destination(s). UA is not liable for any assistance or information provided by any employee or agent of UA to any Passenger relating to such regulations or compliance with such laws, or for the consequences to any Passenger resulting from his/her failure to comply with such regulations or laws. b) A Firearm will be accepted only from a customer who is 18 years of age or older. c) Curbside check-in of a firearm is not permitted. d) Advanced arrangements must be made. e) The firearm, including a hand gun, must be packed in a hard-sided container with a lock. The container must be locked at the time of acceptance by UA and the key or combination must remain in the customer’s possession. The locked hard-sided container holding a handgun may be placed inside an unlocked soft-side piece of luggage. Containers may be purchased from UA. United is not liable for damage to a firearm or a hand gun that is not contained in a hard-sided case. Excess valuation may not be purchased for firearms or hand guns that are not contained in hard-sided cases. EXCEPTION: For travel to/from the United Kingdom, handguns, pistols, rifles, and shotguns must be packed in a hard side rifle case. f) Baggage containing firearms will not be accepted knowingly for transportation by UA at any point unless a declaration, signed by the Passenger presenting such Baggage and dated on the day the Baggage is accepted for transportation, is attached to the inside of the case declaring that the firearm is not loaded. g) Properly packaged small arms ammunition up to a maximum of 11 pounds (five kgs.) may be checked as Baggage. The ammunition may be packed in the same container as the firearm or in a separate container. Ammunition must be packed in the manufacturer’s original package or securely packed in fiber, wood or metal containers and the ammunition inside the container must be protected against shock and secured against movement. The Passenger shall make a written declaration confirming that the above provisions are met. Ammunition with explosive or incendiary projectiles will not be accepted. h) Except for military missions (e.g., CRAF), at no time will fully automatic weapons be acceptable as Checked or Carry-on Baggage. i) When a firearm that is used for sporting purposes is carried on the aircraft, the Passenger must have entry permits for the country/countries of transit and Destination. UA is not liable for any assistance or information provided by any employee or agent of UA to any Passenger relating to such entry permits, or for the consequences to any Passenger resulting from his/her failure to obtain such entry permits. (i) EXCEPTION: This provision may not apply to authorized persons who are performing a duty on board an aircraft, such as a law enforcement officer or diplomatic courier. Such Passenger may be permitted to retain custody of a firearm and ammunition upon identification at the time of check-in. The firearm will be transported in a section of the aircraft that is inaccessible to the customer. j) Stun Guns- Stun guns with their dry cell batteries removed are accepted in checked baggage only and solely for domestic travel, and when permitted by local, state, and/or governmental laws and regulations, which vary by destination. UA is not liable for any assistance or information provided by any employee or agent of UA to any Passenger relating to such regulations or compliance with such laws, or for the consequences to any Passenger resulting from his/her failure to comply with such laws or regulations. Tasers are prohibited as either carry-on or checked baggage. 9) Fishing Equipment - Two rods, one reel, one landing net, one pair of fishing boots and one fishing tackle box (all properly encased) will be considered as one item of sporting equipment and allowed in place of one checked bag. The total of all fishing equipment must not exceed a maximum weight of 50 pounds, or overweight charges may apply. Fishing equipment containers must not exceed 115 linear inches or oversized charges may apply. For United Express flights, fishing equipment exceeding 80 linear inches will not be accepted as checked baggage. Excess valuation may not be purchased for fishing equipment. 10) Golfing Equipment - One standard-sized golf bag containing one set of golf clubs, golf balls, and one pair of golf shoes will be considered as one item of sporting equipment and allowed in place of one checked bag. All items must be properly encased in a suitable container. The golf bag must be covered or enclosed in a heavy, rigid carrying case. Excess valuation may not be purchased for golf equipment that is not contained in a hard-sided case. Golf containers measuring 62 inches (158cm) that do not contain only golf equipment will be subject to Overweight/Oversize Excess Baggage Charges. 11) Gymnastic Equipment –One item of gymnastic equipment or one suitable container or packaging that securely contains gymnastic equipment will be considered as one item of sporting equipment and allowed in place of one checked bag. EXCEPTION: Gymnastic cases weighing over 50 lbs (23 kg) that do not contain only gymnastic equipment will be subject to Overweight/Oversize Excess Baggage Charges. Excess valuation may not be purchased for gymnastic equipment. 12) Hang Gliding Equipment - Subject to the conditions and charges specified below, individual components of hang-gliding equipment can generally be packed in separate bags for each component. United will accept a maximum of two items per bag for a set of four component bags. Hang gliding equipment must not exceed 99.9 pounds (45.4 kg), and maximum length allowed varies by aircraft type. a) Hang gliding equipment will be subject to a service charge of 150 USD/ 150 CAD (each way) for travel between the U.S., Canada, Puerto Rico and the U.S. Virgin Islands and 200 USD (each way) for international travel. b) Hang gliding equipment that is 108 inches (274.4 cm) in length or more cannot be accommodated on Airbus A320 or Airbus A319 aircraft. Hang gliding equipment that is more than 72 inches (183 cm) in length cannot be accommodated on 737 series aircraft. Hang gliding equipment is not accepted as checked baggage on United Express flights, and is not accepted during excess baggage embargoes. c) Allow an extra 30 minutes at check-in. 13) Hockey/Lacrosse Sticks – Up to two hockey or lacrosse sticks taped together plus one hockey 8)

F)

G)

or lacrosse bag will be considered as one item of sporting equipment and allowed in place of one checked bag. A duffel bag containing hockey equipment is treated as a normal checked bag. A duffel bag containing hockey equipment is subject to applicable overweight and oversize excess baggage charges. Hockey or lacrosse sticks carried in addition to the free baggage allowance will be assessed at current excess baggage charges. Excess Valuation may not be purchased for hockey or lacrosse sticks. 14) Javelins – One hard sided container encasing javelins that are taped together will be considered as one item of sporting equipment, if aircraft size and load conditions permit, and allowed in place of one checked bag. Javelins carried in addition to the free baggage allowance will be assessed at current excess baggage charges. 15) Kiteboards - Subject to the conditions and charges specified below, United will accept one kiteboard or one bag containing kite board equipment as checked baggage. The board must be well padded or the entire board must be encased in a suitable container to avoid scratching. a) A kiteboard that is over 50 lbs (23kg) or is greater than 62 inches (158 cm) total linear inches is subject to a 100 USD/100 CAD service charge each way. b) Kiteboards greater than 115 inches (292 cm) in length will not be accepted as checked baggage. Kite boards greater than 80 inches (203 cm) in length will not be accepted as checked baggage on United Express flights. Kiteboards are not allowed during excess baggage embargos (except to Costa Rica). c) Allow an extra 30 minutes at check-in. 16) Oars - One pair of oars or one oar case containing up to two oars will be considered as one item of sporting equipment, if aircraft size and load conditions permit, and allowed in place of one checked item. Oars carried in addition to the free baggage allowance will be assessed at current excess baggage charges. Excess Valuation may not be purchased for oars. 17) Paintball Equipment - One bag containing equipment used in the paintball sport will be considered as one item of sporting equipment, if aircraft size and load conditions permit, and allowed in place of one checked item. Paintball guns are not permitted as carry-on baggage. A paintball gun may be checked in an unlocked soft or hard sided case. Paintball ammunition must be packed in the manufacturer’s original package or securely packed in a container that will protect the paint balls from breakage. Compressed gas cylinders must be empty and have the regulator removed to allow for a visual inspection by a TSA Security Screener. Unopened paintball air canisters in original plastic packaging are sold empty and Passengers do not need to demonstrate that the canisters are empty. Excess Valuation may not be purchased for paintball equipment. 18) Parachutes/Parasails - A sports parachute or parasail will be considered as one items of sporting equipment and allowed in place of one checked item. A parachute or parasail taken onboard the aircraft must meet carry-on size restrictions for placement underneath an aircraft seat. When checked as baggage, all excess, oversize and overweight charges will apply. 19) Poles vaults- Subject to the conditions and charges specified below, one pole vault properly encased in a suitable container will be accepted as Checked Baggage. Excess valuation may not be purchased for pole vaults. a) Pole vault acceptance is restricted by aircraft type. Please contact United’s Customer Contact Center for maximum length restrictions, which vary by aircraft type. b) Each pole vault will be subject to a service charge of 150 USD/150 CAD each way for travel between the U.S., Canada, Puerto Rico and the U.S. Virgin Islands. Please contact United’s Customer Contact Center for international service charge rates. c) Pole vaults are not accepted as checked baggage on United Express flights, and are not accepted during excess baggage embargos. 20) Pool cues –One pool cue case containing pool cues will be accepted as Checked Baggage. Excess valuation may not be purchased for pool cues. 21) Scuba/Diving Equipment a) An item of scuba equipment consists of one empty scuba tank, up to 3 rebreather tanks, or one dive bag containing scuba-diving equipment, each of which is considered a separate piece of Checked Baggage. The empty dive/rebreather tank must have the regulator valve completely disconnected from the tank. The tank must not be sealed (i.e. the tank has an open end). The tank must have an opening to allow for a visual inspection by a TSA Security Screener. NOTE: For rebreather equipment, soda lime that is 4% Sodium Hydroxide or less will be accepted in checked baggage. Soda lime that is 4.1% Sodium Hydroxide will not be accepted in checked baggage. b) An empty dive tank or up to 3 rebreather tanks will not be included in determining the free baggage allowance and will be subject to a 150 USD/150 CAD service charge (each way) for flights within the U.S., Canada, Puerto Rico and the U.S. Virgin Islands. A 200 USD service charge (each way) applies for all other travel. c) Dive bags measuring more than 50 lbs or that are over 62 linear inches will be charged as sporting equipment and special item charges apply. Excess valuation may not be purchased for scuba diving equipment. 22) Skating Equipment – One pair of ice skates, roller skates, and rollerblades will be considered as one item of sporting equipment and allowed in place of one checked bag. For Domestic Carriage only, ice skates are permitted in carry-on baggage. Skating equipment carried in addition to the baggage allowance will be assessed at the current excess baggage charge. Skating equipment is subject to applicable overweight and oversize excess baggage charges. 23) Surfboards – Subject to the conditions and charges specified below, one surfboard or one surfboard bag containing up to four boards per customer with a maximum weight of 50 pounds (23 kg) and maximum length of 115 inches (293 cm) will be accepted as Checked Baggage. The skeg/fin must be removed or well padded. The entire board must be encased in a suitable container to avoid scratching. Excess Valuation may not be purchased for a surfboard. a) A surfboard or surfboard bag as specified above will be subject to a service charge of 150 USD/150 CAD (each way) for travel between the U.S., Canada, Puerto Rico and the U.S. Virgin Islands, and 200 USD/200 CAD (each way) for all other travel. b) Surfboards or surfboard bags more than 115 inches (292 cm) in length will not be accepted as checked baggage. On United Express flights, surfboards or surfboard bags more than 80 inches (203 cm) in length will not be accepted as checked baggage, and will not be accepted during baggage embargos (except for Costa Rica). If your itinerary includes United Express, please contact United for information regarding aircraft cargo hold limits. c) Allow an extra 30 minutes at check-in. 24) Tennis Equipment – One tennis racket case containing tennis rackets and balls will be considered as one item of sporting equipment and allowed in place of one checked bag. Tennis equipment must be properly protected or a limited liability form must be signed. 25) Water Skiing/Snow Skiing/Snowboard Equipment/Wakeboards a) One item of ski equipment (one pair of water skis, one snowboard, one wakeboard, up to two pairs of snow skis and associated equipment in one snowboard bag , or one ski boot) with a maximum weight of 50 pounds is allowed in place of one checked bag. If more than one set of ski equipment is checked, each additional set of equipment (as outlined above) will be counted as one item, and the associated service charge(s) will apply. Acceptance is subject to aircraft size and load conditions. b) Ski Bags and ski boot bags weighing more than 50 lbs (23 kg) that contain other items in addition to or in place of appropriate snow or water skiing equipment or ski boots will be subject to Overweight/Oversize Excess Baggage Charges. Excess valuation may not be purchased for water or snow skiing equipment or wakeboards. 26) Wave Ski - Subject to the conditions and charges specified below, one wave ski or one bag containing equipment used in wave skiing with a maximum weight of 50 pounds (23 kg) and maximum length of 115 inches (293 cm) will be accepted as Checked Baggage. The board must well-padded or the entire board must be encased in a suitable container to avoid scratching. Excess Valuation may not be purchased for wave skis. a) A wave ski or one bag containing equipment used in wave skiing is subject to a 150 USD/150 CAD service charge (each way). b) Wave skis greater than 115 inches (292 cm) in length will not be accepted as checked baggage. On United Express flights, wave skis greater than 80 inches (203 cm) in length will not be accepted as checked baggage. Wave skis will be transported subject to load capacities of the aircraft on any itinerary involving a United Express flight. Wave skis will not be accepted during excess baggage embargos. 27) Windsurfing Equipment- Subject to the conditions and charges specified below, windsurfing boards will be accepted as Checked Baggage. For purposes of this provision, one windsurfing board not exceeding 115 inches in length and not exceeding 70 pounds (31.8 kgs) with one boom, one mast, one sail and necessary hardware will be considered as one item of windsurfing equipment. a) Windsurfing equipment must be padded and enclosed in suitable packing sufficient to protect from scratches or dents or other damage. b) Windsurfing equipment will be subject to a service charge of a 150 USD/ 150 CAD (each way) per item for travel between the U.S., Canada, Puerto Rico and the U.S. Virgin Islands and a 200 USD service charge for all other travel. c) Windsurfing equipment cannot be accommodated on any itinerary involving a United Express flight, and is not accepted during excess baggage embargos. Additional size or acceptance limitations may apply dependent upon aircraft type and configuration. d) Allow an extra 30 minutes at check-in. Fragile and Perishable Items –Fragile and perishable items include, but are not limited to, examples in Limitation of Liability, Rule 28 K). Upon request and subject to operational needs or space availability, a fragile or perishable item may be carried in a seat subject to the provisions and applicable charges in D) above. A fragile or perishable item may be accepted as Checked Baggage in accordance with this Rule only if it is packaged appropriately (e.g., in an original, factory-sealed carton, in a cardboard mailing tube, in a container/case designed for shipping such item or packed with protective internal material). Except for certain International Carriage subject to the terms of the Montreal Convention, UA is not liable for loss or damage of contents or delay in delivery which result from the unsuitability of such item(s) as Checked Baggage and/or the inadequacy of its packaging and not from the carrier’s failure to exercise the ordinary standard of care. UA is not liable for damage to a customer’s Carry-on Baggage or other in-cabin property that contains fragile or perishable items when such damage is caused by the fragile or perishable items. Customers are responsible for all damage caused by their property, whether such damage is to their own property or to someone else’s property. 1) Antlers - Subject to the conditions and charges specified below, one set of antlers retained as hunting trophies per ticketed Passenger will be accepted as Checked Baggage, if aircraft size and load conditions permit. a) Antlers will not be included in determining the Baggage Allowance and will be subject to a service charge of 150 USD/150 CAD per item. For international travel, a 200 USD/200 CAD per item service charge applies. b) Antlers must be as free of residue as possible. c) The skull must be wrapped and tips protected. d) Maximum Outside Linear Dimensions must not exceed 120 inches. However, on United Express Canadair regional jet flights the linear dimensions of the antlers cannot exceed 33 in. x 43 in. (83 cm x 109 cm) and overall linear dimensions must not exceed 98 in. (248 cm). e) The Passenger must make all arrangements and assume full responsibility for complying with any applicable laws, customs, and/or other governmental regulations, requirements, or restrictions of the county, state or territory to and from which the antlers are being transported. 2) Automotive Towbars - Towbars will be accepted inside a checked bag. The towbar must be packaged to prevent damage to it and other bags. Towbars are subject to excess, overweight and oversize excess baggage charges. Baggage containing towbars in excess of 70 pounds (32 kilograms) or 115 linear inches (292 cm) will not be accepted as checked baggage. 3) Dry Ice and Other Restricted Articles a) Any articles deemed a hazardous material pursuant to DOT Hazardous Materials Regulations (49 CFR 171-177), the IATA Dangerous Goods Regulations and revisions and reissues thereof (hereinafter the “Haz-Mat Regulations”) will only be accepted subject to advance arrangements and compliance with the Haz-Mat Regulations. (NOTE: Any obligations of UA which may arise under this Rule or Rule 28 are not applicable when undeclared articles deemed hazardous material are discovered in checked baggage and confiscated and/or destroyed.) b) Limited quantities of dry ice, a maximum of 5.5 pounds (2.5 kilograms) per Passenger, will be accepted for carriage as checked or Carry-on Baggage provided the Baggage is properly designed to permit the release of carbon dioxide, and the container is labeled, “DRY ICE” or “CARBON DIOXIDE SOLID.” The packaging must also show the net weight and identify the perishable item being preserved by the dry ice. Each container cannot have more than the maximum allowed per customer. Multiple Passengers cannot pool their portions together, even within the same traveling party. c) A 150 USD/150 CAD service charge applies to the transportation of dry ice as checked baggage on flights within or between the U.S. and Canada, and a 200 USD service charge applies to the transportation of dry ice as checked baggage on flights to all other destinations. d) UA may require acceptance of such articles at locations other than the passenger terminal. e) E-Cigarettes or Personal Vaporizers will not be accepted in Checked Baggage. 4) Liquor - Subject to the conditions below, alcoholic beverages in retail packaging may be checked as baggage. a) For alcoholic beverages less than 24 percent alcohol by volume (including most wines and beers) there are no restrictions on the amount that may be accepted in checked baggage or purchased after completing security screening at the checkpoint (Duty Free). If traveling internationally, alcoholic beverages may be subject to customs limits in the arrival country. b) For alcoholic beverages between 24 and 70 percent alcohol by volume there is a limit of 5 liters (1.3 gallons) per customer that may be accepted in checked baggage, or that may be purchased after completing security screening at the checkpoint (Duty Free). Packaging must be in receptacles smaller than 5 liters. Alcoholic beverages more than 70 percent alcohol by volume will not be accepted. c) All alcoholic beverages must be packed to prevent leakage and damage to other bags. UA shall not be liable for breakage or spillage of alcoholic beverages. Normal checked baggage allowance limits, excess charges and carry-on limits apply. d) Up to 3 oz. (100ml) of an alcoholic beverage may be taken through the security checkpoint provided it is less than 70 percent alcohol by volume, in a container that is 3 oz. or smaller, and is carried in a plastic zip-top bag. e) Alcohol transported on an airplane cannot be consumed on board 5) Musical Instruments - Musical instruments may be carried as Checked Baggage or as Cabin Baggage subject to the provisions in D) above. As part of a Passenger’s one carry-on plus one personal item allowance and subject to UA’s Carry-on Baggage conditions specified in Section B 2) a) and b) above, a small musical instrument such as a violin or a guitar can be carried in lieu of a carry-on bag if it can be stowed safely in an overhead bin or under a passenger seat and there is space for its stowage at the time the Passenger boards. If the musical instrument appears too large or irregularly shaped to fit under the seat or in the overhead compartment, or, if at the time the customer boards the aircraft, there is no space to stow it, it will not be accepted for in cabin stowage. All musical instruments, whether carry-on or checked, should be in a hard sided case, and stringed instruments should have the strings loosened to protect the neck from damage due to expansion and contraction which result from temperature variations. Checked instruments cannot exceed 165 pounds and 150 linear inches (or the applicable weight/size restriction for the aircraft) and will be included in determining the Baggage Allowance, and when in excess (over 2 checked items), overweight or oversize (115 linear inches is considered oversized, and over 50 lbs is considered overweight), will be subject to the Excess, Oversize, and Overweight Baggage Charge. Except for certain International Carriage subject to the terms of the Montreal Convention, UA is not liable for damage to musical instruments or musical instrument cases. Excess valuation may not be purchased for musical instruments. 6) Seafood - Seafood will be accepted and included in determining the Checked Baggage Allowance only if it is wrapped in a sealed protective material and packed in a leak-proof container. Seafood is subject to applicable excess, overweight and/or oversize charges. UA is not liable for seafood. Excess valuation may not be purchased for seafood. Seafood will not be accepted if packed in wet ice or in a Styrofoam container. 7) UA will not accept wet ice or items containing wet ice as Checked or Carry-on Baggage. 8) UA will not accept perishable items packed in Styrofoam containers. 9) For travel to, from or within Micronesia, perishable items will only be accepted for transportation if within the Checked Baggage Allowance. 10) ZAM ZAM Water - Subject to the conditions below, one container or jerkin containing up to 10 liters (2.64 gallons) of ZAMZAM water will be accepted as checked baggage by UA at no extra charge in addition to the Baggage Allowance. a) Containers or Jerkins containing ZAMZAM water must be properly packed in a plastic covering to prevent leakage and damage to other bags. UA is not liable for breakage or spillage of ZAMZAM water and/or containers. b) ZAMZAM containers or jerkins are not permitted as Carry-on or Cabin Baggage. c) Jerkins or ZAMZAM water containers in excess of one will be subject to excess baggage charges. Other Checked Baggage Items - The items listed below will be accepted as Baggage by UA in accordance with the following specified provisions. 1) Government approved child/infant seat - A government approved child/infant seat that conforms to all applicable Federal Motor Vehicle standards and approved in accordance with US FAR 121.311, including car seats approved for airline travel, will be accepted in addition to a Passenger’s baggage allowance. When checked as baggage, all oversize and overweight charges will apply. First and second bag charges do not apply. A government approved child/infant seat for use in the Passenger compartment is permitted only when an additional seat is reserved for the Infant, a Ticket is purchased, and the seat can be secured properly by a seat belt. The accompanying Adult Passenger is responsible for ensuring that the seat functions correctly, that the Infant does not exceed the seat’s limitations, that the Infant is properly secured in the seat and that the seat is secured to the aircraft seat. Except for certain International Carriage subject to the terms of the Montreal Convention, UA is not liable for damage to child/infant seats when carried as Checked Baggage. 2) U.S. Military Baggage Allowance -Active U.S. military and their accompanying dependents on personal travel are allowed three bags up to 70 pounds each with a maximum dimension of 62 linear inches without excess or overweight charges being assessed. U.S. military personnel on orders and U.S. military personnel/dependents on orders for relocation are allowed four bags up to 70 pounds each in United Economy and five bags up to 70 pounds each in United Business, United BusinessFirst, United First and United Global First with a maximum dimension of 115 linear inches without excess, overweight or oversize charges being assessed.

3)

Strollers – United accepts one collapsible stroller in addition to a Passenger’s baggage allowance. One non-collapsible stroller may be carried as Checked Baggage in lieu of one piece of Baggage (62 inches Maximum Outside Linear Dimensions). This item will be included in determining the Baggage Allowance, and when in excess, overweight or oversize, such item will be subject to the Excess Baggage Charge. Except for certain International Carriage subject to the terms of the Montreal Convention, UA is not liable for damage to strollers when carried as Checked Baggage. Excess valuation may not be purchased for strollers. 4) Wheelchairs - One wheelchair per Passenger will be accepted as Baggage by UA at no extra charge in addition to the Baggage Allowance. Excess and/or Oversize/Overweight baggage charges pursuant to Rule 23 C) may apply for checking in additional wheelchair(s) that are used for recreational purposes. a) In-cabin stowage of a wheelchair shall be in accordance with 14 CFR, Part 382, Subpart I. b) If no in-cabin storage space is available, the wheelchair will be carried in the cargo compartment of the aircraft. c) All types of wheelchairs will be accepted (collapsible, noncollapsible or electric-powered with wet or dry cell batteries). d) UA has the ultimate responsibility to confirm an electric-powered wheelchair has its cables disconnected and terminals protected against electrical shortages before carriage. e) For a wet cell battery powered wheelchair: (i) Passenger must notify UA 24 hours in advance. (ii) Passenger must check in at least one hour before the check-in time for the general public for Domestic U.S. flights and for International flights as set forth in Rules 5 D) and 5 E). (iii) The battery must be disconnected and terminals protected against electrical shortages. f) Wheelchairs containing lithium ion batteries with a watt hour rating of 300 WH and above will not be accepted under any circumstances. Wheelchairs containing non-spillable batteries or lithium ion batteries with a watt hour rating of 300 WH or less may be carried on as baggage (limited to two) or may be checked. Animals Other than Service Animals (For rules applicable to Service Animals, see Rule 16) - The transportation of live animals (other than Service Animals) in the cabin of the aircraft is subject to the provisions of this Rule. Carriage of animals not permitted in the cabin may be transported via PetSafe® through UA’s Live Animal Service. UA will accept domesticated cats, dogs, rabbits and household birds for transportation as in-cabin Baggage for domestic carriage and travel between U.S.A./Canada and Mexico, the Caribbean, Central and South America. (Exception: In-cabin pets will not be accepted for travel to/from Hawaii and Argentina.) Certain unusual animals/reptiles pose unavoidable safety and/or public health concerns and UA will not accept dogs of the Pit Bull breed, Snakes, other reptiles, ferrets, rodents and spiders as in-cabin baggage. Carriage of any other pets as in-cabin Baggage will be at UA’s discretion. 1) General Conditions of Acceptance a) Advance arrangements must be made. Space must be reserved for animals in either the passenger or cargo compartment. Animals without reserved space will be accepted, if space is available, only after the animals for whom space has been reserved have been accommodated. b) The animal must be harmless, inoffensive, odorless and require no attention during transit. c) The animal must be confined in a cage or container subject to inspection and approval by UA before acceptance and must meet the department of agriculture requirements prior to acceptance. d) The container must be stored under the seat directly in front of the Passenger at all times, and the animal must remain in the container at all times. The passenger will not be permitted in a row immediately behind a bulkhead, or adjacent to an emergency exit. In the event the animal becomes offensive or causes a disturbance during transit, the animal may be removed, at the Captain’s discretion, at the first stop and placed on an alternative carrier or carried as cargo by UA at the Passenger’s expense. e) The Passenger must make all arrangements and assume full responsibility for complying with any applicable laws, customs, and/or other governmental regulations, requirements, or restrictions of the country, state or territory to and from which the animal is being transported, including furnishing valid health and rabies vaccination certificate when required. UA will not be liable for loss or expense due to the passenger’s failure to comply with this provision, and UA will not be responsible if any pet is refused passage into or through any country, state, or territory. f) UA will accept no more than one in-cabin pet container per Ticketed Passenger, except that two household birds or two puppies/kittens (age: minimum 8 weeks/maximum 6 months) will be permitted in a single container. g) There may be only one cat or dog per container, and the animal must be able to stand up and turn around comfortably. h) UA will not transport an animal as in-cabin Baggage if the animal is in the custody of an Unaccompanied Minor. i) The total number of Passengers carrying pet and the total number of in-cabin pets permitted on a single flight is limited by aircraft type and cabin. j) UA reserves the right to refuse carriage of animals in cabin or as cargo via PetSafe® at any time.

H)

NOTE: Animals will not be accepted for carriage on some United Express flights. 2) Pet Containers a) Containers must be leak-proof and subject to inspection and approval by UA prior to acceptance. UA may refuse to accept any animal if, in its sole discretion, the animal is not properly confined in a container approved by UA. b) Containers must be made of metal, wood, polyethylene, fiberglass or composite material of similar strength. c) Containers must be ventilated on at least two sides and prevent any part of the animal from protruding outside of the container. d) Containers made totally of wire are not accepted. e) Approved soft side carriers specifically designed as pet carriers are acceptable. f) In-cabin animal containers must not exceed 17.5 inches in length by 12 inches in width by 7.5 inches in height for hard sided containers and 18 inches in length by 11 inches in width by 11 inches in height for soft sided containers. g) Containers in such condition as to allow possible escape by an animal will not be accepted for transportation. h) Passengers are responsible for ensuring that the containers meet all governmental requirements for the safe and humane transportation of the animal being transported, including, but not limited to being large enough to allow the animal to stand upright, turn around, and lie in a natural position. i) Containers for transporting dogs, cats, rabbits or birds may be purchased from UA. 3) Carriage of Animals - (including their containers) is subject to the applicable service charge of a 125 USD/ 125 CAD each way (250 USD/250 CAD for round-trip travel). 4) Abandonment of Animals a) An animal that is unclaimed by its owner or its owner’s agent for a period of more than ten (10) days after the scheduled carriage has occurred or was to occur, shall be deemed abandoned and may be turned over to a local animal shelter or pound or otherwise handled as UA may deem proper without any liability to UA. b) UA may, but is not obligated, to give notice to the owner, or the agent of the owner, at such person’s last known address prior to taking any action described in subsection a) above. Any costs associated with reuniting an animal deemed abandoned with its owner or owner’s agent shall be borne solely by the owner or owner’s agent. 5) Limitation of Exclusion from Liability a) UA will not be liable for illness or injury to an animal or death of an animal due to illness or injury when the animal has been handled by UA with ordinary standards of safety and care or when UA has acted in the interests of the entire flight such as in an emergency or a force majeure event. b) UA will not be liable for loss or expense due to the Passenger’s failure to comply with the provisions of this Rule, including, without limitation, if any animal is refused passage into or through any state or country I) Interline Baggage Acceptance 1) Applicability-Rule 23 I) solely applies to interline itineraries on a Single Ticket whose origin or ultimate ticketed destination is in Canada. For definitional understanding of the terms used in this Rule, see Rule 1 for clarification. 2) Baggage Rules Determination a) Checked Baggage: When UA is the Selecting Carrier it will select and apply its own checked baggage rules found in Rule 23 throughout the Passenger’s Interline Itinerary. When a Passenger makes a voluntary change to his or her itinerary, the checked baggage rules of the new Selected Carrier apply. The Selected Carrier’s checked baggage service charges apply at any point where bags are checked, including stopovers. See Rule 23 B) 1) above for UA’s Baggage Rules concerning special status, Rule 23 C) 7) regarding embargoes that may affect interline travel, and Rules 23 D), E), F), G) and H) regarding the transportation of special items. b) Carry-On Baggage: Each Operating Carrier’s carry-on baggage allowances and policies will apply to each flight segment in an Interline Itinerary, other than carry-on baggage charges, which are governed by the Selected Carrier’s baggage rules. See Rule 23 B) above for UA’s Carry-On Baggage allowances and policies. c) Where UA is a Participating Carrier or is not the Selected Carrier on an interline itinerary but is an Interlining Carrier that is providing transportation to the passenger based on ticket issued, UA will apply the Selected Carrier’s baggage rules throughout the Interline Itinerary. 3) Disclosure of Baggage Rules-For baggage rules provisions related to a passenger’s first and second checked bag and the passenger’s carry-on baggage (i.e., the passenger’s “standard” baggage allowance), when UA sells and issues a ticket for an interline itinerary, it will disclose to the passenger on a summary page at the end of an online purchase and/or on the passenger’s e-ticket receipt at the time of ticketing, the baggage information relevant to the passenger’s itinerary and the applicable baggage rules of the Selected Carrier. RULE 24 FLIGHT DELAYS/CANCELLATIONS/AIRCRAFT CHANGES A) General 1) U.S.A. 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EXCEPTION: Lodging will not be furnished: a) To a Passenger whose trip is interrupted at a city which is his/her permanent domicile, origin point, or stopover point, or b) When the destination city airport that is designated on the Passenger’s Ticket and the city airport that the Passenger is diverted to are both within the following city groups: (i) Baltimore, MD (BWI)/Washington D.C. Dulles IAD)/Washington D.C. National (DCA) (ii) Brownsville, TX (BRO/Harlingen, TX (HRL)/McAllen, TX (MFE) (iii) Burbank, CA (BUR)/Los Angeles, CA (LAX)/Ontario, CA (ONT)/Orange County, CA (SNA)/Long Beach, CA (LGB) (iv) Chicago, IL O’Hare (ORD)/Chicago, IL Midway (MDW)/Milwaukee, WI (MKE) (v) Colorado Springs, CO (COS)/Denver, CO (DEN) (vi) Dallas, TX Dallas-Ft. Worth International (DFW)/Dallas, TX Love Field (DAL) (vii) Ft. Lauderdale, FL (FLL)/Miami, FL (MIA)/West Palm Beach, FL (PBI) (viii) Houston, TX Bush Intercontinental (IAH)/Houston, TX Ellington AFB (EFD)/Houston, TX Hobby(HOU) (ix) Oakland, CA (OAK)/San Francisco, CA (SFO)/San Jose, CA (SJC) (x) Newark, NJ Newark International (EWR)/New York, NY La Guardia (LGA)/New York, NY Kennedy (JFK)/White Plains, NY (HPN) (xi) London, UK Gatwick (LGW)/London, UK Heathrow (LHR) c) When such interruption is due to circumstances outside UA’s control. 2) Snacks and Meals - UA will provide snacks and/or meal vouchers in the event of a delay caused by UA that extends beyond normal meal hours or whenever lodging is furnished in accordance with 1) above. Where meal vouchers have been offered but not accepted by a Passenger for whatever reason, UA is not liable to reimburse the Passenger for expenses relating to meals secured independently by the Passenger. 3) Ground Transportation - When lodging is furnished in accordance with 1) above and ground transportation is not furnished by the hotel, UA will provide ground transportation to the place of lodging via public conveyance. Where ground transportation has been offered but not accepted by a Passenger for whatever reason, UA is not liable to reimburse the Passenger for expenses relating to alternative ground transportation secured by the Passenger. 4) The sole and exclusive remedy for a passenger who has a claim under this Rule shall be the express amenities provided in this Rule. The passenger shall have no other claims or law or equity for actual, compensatory, or punitive damages. The provision of services in addition to those specifically set forth in this Rule to all or some passengers shall not be construed as a waiver of UA’s rights or an expansion of its obligations. Neither shall any delay on the part of UA in exercising or enforcing its rights under this Rule be construed as a waiver of such rights. G) Carrier in Default - Notwithstanding the provisions of this Rule, UA will not accept for any purposes passenger tickets or related transportation documents issued by any carrier that is in substantial default of its Interline obligations or that voluntarily or involuntarily has become the subject of bankruptcy proceedings (the “Defaulting Carrier”). EXCEPTION: Notwithstanding the provisions of this paragraph, tickets issued by the Defaulting Carrier or its sales agent prior to the default will be accepted solely for transportation over the lines of UA provided such tickets were issued by such Defaulting Carrier in its capacity as agent for UA and specified transportation via UA. When tickets are accepted, no adjustments in fare will be made that would require UA to refund money to the passenger. H) In the event of a strike or work stoppage which causes any cancellation or suspension of operations of any other carrier, the provisions of this Rule will not apply with respect to passengers holding tickets for transportation on that carrier. I) “Class of service” in this Contract of Carriage refers to classes of service as determined by UA without regard to the specific level of ancillary services or amenities provided in that class of service (as compared to any originally scheduled flight). Any ancillary service or amenity, including but not limited to live television, wi-fi services, and meal service, are not guaranteed and form no part of this Contract. Regardless of whether there is a Change in Schedule, Schedule Irregularity, Force Majeure Event, or other change or circumstance that results in an ancillary service or amenity not being available on any flight, UA shall have no liability for, and shall owe no refund with respect to any failure to provide that amenity or ancillary service. EXCEPTION: If a Passenger has paid for a specific ancillary service or amenity in advance of the flight as a separate fee specifically designated for such ancillary service or amenity and that ancillary service or amenity is not provided, the Passenger is eligible for a refund of the amount paid if a refund request is made within 90 days of the date the fee was originally paid or the flight date, whichever is later. UA is not liable to refund this fee otherwise eligible for refund if the request is received after that time. RULE 25 DENIED BOARDING COMPENSATION A) Denied Boarding (U.S.A./Canadian Flight Origin) - When there is an Oversold UA flight that originates in the U.S.A. or Canada, the following provisions apply: 1) Request for Volunteers a) UA will request Passengers who are willing to relinquish their confirmed reserved space in exchange for compensation in an amount determined by UA (including but not limited to check or an electronic travel certificate). The travel certificate will be valid only for travel on UA or designated Codeshare partners for one year from the date of issue and will have no refund value. If a Passenger is asked to volunteer, UA will not later deny boarding to that Passenger involuntarily unless that Passenger was informed at the time he was asked to volunteer that there was a possibility of being denied boarding involuntarily and of the amount of compensation to which he/she would have been entitled in that event. The request for volunteers and the selection of such person to be denied space will be in a manner determined solely by UA. 2) Boarding Priorities - If a flight is Oversold, no one may be denied boarding against his/her will until UA or other carrier personnel first ask for volunteers who will give up their reservations willingly in exchange for compensation as determined by UA. If there are not enough volunteers, other Passengers may be denied boarding involuntarily in accordance with UA’s boarding priority: a) Passengers who are Qualified Individuals with Disabilities, unaccompanied minors under the age of 18 years, or minors between the ages of 12 and 17 who use the unaccompanied minor service, will be the last to be involuntarily denied boarding if it is determined by UA that such denial would constitute a hardship. b) The priority of all other confirmed passengers may be determined based on a passenger’s fare class, itinerary, status of frequent flyer program membership, and the time in which the passenger presents him/herself for check-in without advanced seat assignment. 3) Transportation for Passengers Denied Boarding - When UA is unable to provide previously confirmed space due to an Oversold flight, UA will provide transportation to such Passengers who have been denied boarding whether voluntarily or involuntarily in accordance with the provisions below. a) UA will transport the Passenger on its own flight to the Destination without Stopover on its next flight on which space is available at no additional cost to the Passenger, regardless of class of service. b) If space is available on another Carrier’s flight regardless of class of service, such flights may be used upon United’s sole discretion and the Passenger’s request at no additional cost to the Passenger only if such flight provides an earlier arrival than the UA flight offered in 3) a) above. 4) Compensation for Passengers Denied Boarding Involuntarily a) For passengers traveling in interstate transportation between points within the United States, subject to the exceptions in section d) below, UA shall pay compensation to Passengers denied boarding involuntarily from an Oversold Flight at the rate of 200% of the fare to the Passenger’s first Stopover or, if none, Destination, with a maximum of 650 USD if UA offers Alternate Transportation that, at the time the arrangement is made, is planned to arrive at the Passenger’s Destination or first Stopover more than one hour but less than two hours after the planned arrival time of the Passenger’s original flight. If UA offers Alternate Transportation that, at the time the arrangement is made, is planned to arrive at the Passenger’s Destination or first Stopover more than two hours after the planned arrival time of the Passenger’s original flight, UA shall pay compensation to Passengers denied boarding involuntarily from an Oversold Flight at the rate of 400% of the fare to the Passenger’s first Stopover or, if none, Destination with a maximum of 1300 USD. b) For passengers traveling from the United States to a foreign point, subject to the exceptions in section d) below, UA shall pay compensation to Passengers denied boarding involuntarily from an Oversold Flight originating at a U.S. airport at the rate of 200% of the fare to the Passenger’s first Stopover or, if none, Destination, with a maximum of 650 USD if UA offers Alternate Transportation that, at the time the arrangement is made, is planned to arrive at the Passenger’s Destination or first Stopover more than one hour but less than four hours after the planned arrival time of the Passenger’s original flight. If UA offers Alternate Transportation that, at the time the arrangement is made, is planned to arrive at the Passenger’s Destination or first Stopover more than four hours after the planned arrival time of the Passenger’s original flight, UA shall pay compensation to Passengers denied boarding involuntarily from an Oversold Flight at the rate of 400% of the fare to the Passenger’s first Stopover or, if none, Destination with a maximum of 1300 USD. c) For passengers traveling from Canada to a foreign point, subject to the exceptions in section d) below, UA shall pay compensation to Passengers denied boarding involuntarily from an Oversold Flight originating at a Canadian airport with a maximum of 200 CAD if UA offers Alternate Transportation that, at the time the arrangement is made, is planned to arrive at the Passenger’s Destination or first Stopover more than one hour but less than four hours after the planned arrival time of the Passenger’s original flight. If UA offers Alternate Transportation that, at the time the arrangement is made, is planned to arrive at the Passenger’s Destination or first Stopover more than four hours after the planned arrival time of the Passenger’s original flight, UA shall pay compensation to Passengers denied boarding involuntarily from an Oversold Flight with a maximum of 300 CAD. d) EXCEPTIONS: A Passenger denied boarding involuntarily from an Oversold Flight shall not be eligible for denied boarding compensation if: (i) The flight is cancelled; (ii) The Passenger holding a Ticket for confirmed reserved space does not comply fully with the requirements in this Contract of Carriage Requirements regarding ticketing, check-in, reconfirmation procedures, and acceptance for transportation; (iii) The flight for which the Passenger holds confirmed reserved space is unable to accommodate the Passenger because of substitution of equipment of lesser capacity when required by operational or safety reasons or, on an aircraft with a designed passenger capacity of 60 or fewer seats, the flight for which the passenger holds confirmed reserved space is unable to accommodate that passenger due to weight/ balance restrictions when required by operational or safety reasons; (iv) The Passenger is offered accommodations or is seated in a section of the aircraft other than that specified on his/her ticket at no extra charge. Provided, if a Passenger is seated in a section for which a lower fare applies, the Passenger will be entitled to a refund applicable to the difference in fares; (v) The Passenger is accommodated on Alternate Transportation at no extra cost, which at the time such arrangements are made, is planned to arrive at the airport of the Passenger’s next Stopover, (if any), or at the Destination, not later than 60 minutes after the planned arrival time of the flight on which the Passenger held confirmed reserved space; (vi) The Passenger is an employee of UA or of another Carrier or other person traveling without a confirmed reserved space; or (vii) The Passenger does not present him/herself at the loading gate for boarding at least 15 minutes prior to scheduled domestic departures, and 30 minutes prior to scheduled international departures. See Rule 5 D) for additional information regarding boarding cut-off times. 5) Payment Time and Form a) Compensation in the form of check, except for travel from Canada, will be made by UA on the day and at the place where the failure to provide confirmed reserved space occurs, and if accepted by the Passenger, the Passenger will provide a signed receipt to UA. However, when UA has arranged, for the Passenger’s convenience, Alternate Transportation that departs before the compensation to the Passenger under this provision can be prepared and given to the Passenger, the compensation shall be sent by mail or other means to the Passenger within 24 hours thereafter. b) UA may offer free or reduced rate air transportation in lieu of a check payment due under this Rule, if the value of the transportation credit offered is equal to or greater than the monetary compensation otherwise due and UA informs the Passenger of the amount and that the Passenger may decline the transportation benefit and receive the monetary compensation. 6) Limitation of Liability - If UA’s offer of compensation pursuant to the above provisions is accepted by the Passenger, such payment will constitute full compensation for all actual or anticipatory damages incurred or to be incurred by the Passenger as a result of UA’s failure to provide the Passenger with confirmed reserved space. If UA’s offer of compensation pursuant to the above provisions is not accepted, UA’s liability is limited to actual damages proved not to exceed 1300 USD per Ticketed Passenger as a result of UA’s failure to provide the Passenger with confirmed reserved space. Passenger will be responsible for providing documentation of all actual damages claimed. UA shall not be liable for any punitive, consequential or special damages arising out of or in connection with UA’s failure to provide the Passenger with confirmed reserved space. B) Denied Boarding Non-U.S.A./Canada Flight Origin - Where there is an Oversold UA flight that originates outside the U.S.A. or Canada, no compensation will be provided except where required by local or international laws regulating Oversold flights. RULE 26 REROUTING A) Rerouting Eligibility - Unless the fare purchased otherwise indicates, UA will reroute a Passenger at the Passenger’s request and upon presentation of the Ticket or portion thereof then held by the Passenger plus payment of any applicable fees, charges, and fare differentials. B) Fare Applicable to Rerouting or Change in Destination 1) Passengers may change the routing and/or the ultimate destination designated on his/her Ticket in accordance with paragraph 2 below provided that, after transportation has commenced, a oneway Ticket will not be converted into a Round-Trip, Circle-Trip, or Open-Jaw Trip Ticket. 2) Except as otherwise provided in Rule 25, the fare and charges applicable to any changes in itinerary, class of service, or change in ultimate destination made at the Passenger’s request at an office of UA prior to arrival at the ultimate destination named on the original Ticket, shall be the fare and charges in effect on the date when the revised routing and/or ultimate destination is entered on the Passenger’s new Ticket. Any difference between the fare and charges so applicable to the original Ticket issued to the Passenger will be either collected from or refunded to the Passenger, as the case may be. C) Fare Applicable to Upgrading Class of Service While in Flight 1) When a Passenger moves from one compartment to another compartment of a combination compartment aircraft while in flight, an additional collection will be made in an amount equal to the difference between: a) The one-way fare from Passenger’s point of origin on such flight to the last scheduled stop prior to the Passenger’s change in compartment, applicable to the class of service used, plus the one-way fare from such stop to the Passenger’s destination on such flight, applicable to transportation in the compartment to which the Passenger is moving, and b) The fare paid for transportation from the Passenger’s origin to destination on such flight. When the amount described in a) above is less than the amount in b) above, no additional payment will be required. EXCEPTION: Passengers traveling at a Round-Trip fare or any fare not having a one-way value, may upgrade all or any portion of their itinerary only upon payment of the full normal fare for the total itinerary. c) The passenger expressly authorizes UA to collect any additional applicable charges from the passenger arising out of a passenger occupying a class of service which is different than the class reflected on the passenger’s boarding pass. 2) The acceptance of such Passenger in the compartment to which he/she is moving for travel beyond the next scheduled stopping point in the flight will be subject to the availability of space. Discounts, other than for children, will not apply. RULE 27 REFUNDS A) Ticket Refunds - Involuntary 1) The amount UA will refund upon surrender of the unused portion of the Passenger’s Ticket for reasons pursuant to Rule 21 or Rule 24 will be as follows: a) If no portion of the Ticket has been used: An amount equal to the fare and charges paid. EXCEPTION: UA shall not be obligated to refund any portion(s) of a fully unused Ticket which does not reflect a confirmed reservation on a UA flight involved in a Schedule Irregularity, unless such Ticket was issued by UA. b) If a portion of the Ticket has been used: (i) One-way fares – An amount equal to the lowest comparable one-way fare for the class of service paid, for the unflown segment. (ii) Round-Trip, Circle-Trip, or Open-Jaw fare – 50% of the round-trip fare for the class of service paid, for the unflown segment. (iii) Area fare/flat rate fare – the refund amount will be computed by applying the same rate of discount, if any, applied in computing the original fare from the point of termination to the destination named on the Ticket, next Stopover, or the point where air transportation will be resumed via: a. The Routing specified on the Ticket, if the point of termination was on the Routing of the Ticket, or b. If the point of termination was not on the Routing specified on the Ticket, the direct Routing of any carrier operating service between such points. (iv) If no fare of the type (fare basis) paid by the Passenger is published between the point of termination and the Passenger’s destination or next Stopover point, the amount of the refund will be the same proportion of the normal coach (Y) fare published between the point of termination and the Passenger’s destination or next Stopover point, as the fare paid is of the normal coach (Y) fare between the Passenger’s point of origin or previous Stopover point and destination or next Stopover point. EXCEPTION: UA shall not be obligated to refund any portion(s) of a Ticket which does not reflect a confirmed reservation on a UA flight involved in a Schedule Irregularity, unless such ticket was issued by UA. (v) The amount of refund will not exceed the fare component for the portion of the ticket

from the last point of stopover to the next point of stopover or final destination. c) Refund will be made in accordance with this Rule, provided request for such refund has been made prior to the expiration of Ticket, where required. UA will make no refund but may, at its discretion, provide ground transportation to the destination airport without charge when the destination city airport designated on the Passenger’s Ticket and the city airport where the flight terminates are both within any of the following city groups: a) Baltimore, MD (BWI)/Washington D.C. Dulles (IAD)/Washington D.C. National (DCA) Brownsville, TX (BRO/Harlingen, TX (HRL)/McAllen, TX (MFE) b) c) Burbank, CA (BUR)/Los Angeles, CA (LAX)/Ontario, CA (ONT)/Orange County, CA (SNA)/ Long Beach, CA (LGB) d) Chicago, IL O’Hare (ORD)/Chicago, IL Midway (MDW)/Milwaukee, WI (MKE) e) Colorado Springs, CO (COS)/Denver, CO (DEN) f) Dallas, TX Dallas-Ft. Worth International (DFW)/Dallas, TX Love Field (DAL) g) Ft. Lauderdale, FL (FLL)/Miami, FL (MIA)/West Palm Beach, FL (PBI) h) Houston, TX Bush Intercontinental (IAH)/Houston, TX Ellington AFB (EFD)/Houston, TX Hobby (HOU) i) Oakland, CA (OAK)/San Francisco, CA (SFO)/San Jose, CA (SJC) j) Newark, NJ Newark International (EWR)/New York, NY La Guardia (LGA)/New York, NY/ Kennedy (JFK)/White Plains, NY (HPN) k) London, UK Gatwick (LGW)/London, UK Heathrow (LHR) 3) When a Passenger holding a Ticket for a higher class of service between a point of Origin and a Destination is required by the carrier to use a lower class of service for any portion of such carriage the amount of refund will be as follows: a) FOR ONE WAY TICKETS: The difference between the fare for the higher class of service and the fare for the lower class of service between the points where the lower class of service is used. b) FOR ROUND TRIP, CIRCLE TRIP OR OPEN JAW TICKETS: The difference between 50 percent of the round trip fare for the higher class of service and 50 percent of the round trip fare for the lower class of service used and only between the points where the lower class of service is used. c) This section does not apply to Passengers who purchase upgrades through a combination of miles and/or cash. If a Passenger pays for an upgrade that he does not receive, any recovery is limited to the amount paid for the upgrade. B) Ticket Refunds - Voluntary For Tickets eligible for refunds, unless it is a refund as stated in Paragraph (A) above, UA will upon the Passenger’s surrender of the unused portion of a UA issued ticket or voided Ticket, refund to the Passenger as follows: 1) If no portion of the Ticket has been used, in accordance with these rules, the refund will be an amount equal to the total fare and charges paid. 2) If a portion of the Ticket has been used, in accordance with these rules, the refund will be an amount equal to the positive difference if any, between the fare and charges applicable to the Ticket issued to the Passenger, and the fare and charges applicable to the transportation of the Passenger covered by the used portion of the Ticket. 3) Refund will be made, provided request for such refund has been made not later than the expiration date of the Ticket. 4) UA assumes no obligation to issue a voluntary refund unless such Ticket was issued by UA on UA Ticket Stock. 5) Any applicable administrative service charge or cancellation fee included as part of the published fare rule for the Ticket in question will be deducted from the amount to be refunded under 1) and 2) above. 6) UA will issue refunds for eligible tickets within seven (7) business days for credit card purchases and twenty (20) business days for purchases made with cash, check, or other forms of payment. C) Other Refunds 1) Baggage service charges are non-refundable, but a Passenger who does not travel as a result of a flight cancellation, Change in Schedule, or Schedule Irregularity will be eligible for a refund upon request. United will also reimburse Passengers for any fee charged to transport bag(s) that are lost. 2) Booking service charges are non-refundable, but a Passenger may be eligible for a refund upon request if the reservation is canceled within 24 hours of purchase and if the reservation is made one week or more prior to scheduled flight departure. 3) Day-of-departure upgrade fees are non-refundable, but if a flight for which an upgrade fee has been paid is affected by a flight cancellation, Change in Schedule, or Schedule Irregularity, and the Passenger cannot be accommodated in First Class on a later flight, Passenger will be eligible for a refund upon request. 4) Passengers who are eligible for a refund of service or other fee(s), must request refund within 90 days of the date the fee(s) was originally paid or flight date, whichever is later. UA is not liable to refund service or other fees otherwise eligible for refund if the request is received after that time. 5) If a Passenger is removed from an Economy Plus seat for which a fee has been paid, and the Passenger is not re-accommodated in an Economy Plus seat or a seat of equal or greater value, or if a Passenger is downgraded from a class of service and is not re-accommodated in a seat in an equal or greater class of service for which a fee has been paid, the Passenger is eligible for a refund of this fee D) Persons to Whom Refund is Made - Except as provided below, UA will refund in accordance with this Rule only to the person named as the Passenger on the Ticket. EXCEPTION 1: 1) Tickets issued under a Universal Air Travel Plan (UATP) will be refundable only to the subscriber against whose account the Ticket was charged. 2) Tickets issued against a Transportation Request issued by a government agency, other than the U.S.A Government, will be refunded only to the government agency that issued the Transportation Request. 3) Tickets issued against a U.S.A Government Transportation Request (GTR) will be refunded only to the U.S.A. Government agency which issued the GTR by check made payable to the “Treasurer of the United States”. 4) Tickets issued against a credit card honored by UA will be refunded only to the account of the person to whom such credit card was issued. 5) Tickets issued in the name of a minor will be refunded to the parent, guardian, or a third party as designated in accordance with Exception 2 below. EXCEPTION 2: If at the time of purchase, the purchaser designates on the Ticket another person or entity to whom refund shall be made, the refund will be made to the person so designated. A refund made in accordance with this procedure to a person representing his/herself as the person so designated on the Ticket exchange order shall be deemed a valid refund, and UA will not be liable to the purchaser, or any other person for another refund. EXCEPTION 3: If at the time of application for refund, evidence is submitted that a company purchased the Ticket on behalf of its employees, or the travel agent has made a refund to its client, such refund will be made directly to the employee’s company or the travel agent. E) Non-refundable Tickets: 1) General Rule – Except as provided in Rules 4 and 27 C), UA will not refund any portion of a Ticket that is purchased with a non-refundable fare, including the fare and any taxes, fees, or other charges included within the total price paid for the Ticket. 2) Application of Unused Ticket toward Future Ticket Purchase - UA may allow a portion of the nonrefundable fare paid for an unused and unexpired non-refundable UA Ticket to be applied towards the purchase of future travel on UA, provided it is done in accordance with the applicable fare rule in place at the time of such request. Change fees and other administrative charges may apply. Any portion not so applied will not be refunded in any form. F) Lost Tickets 1) Amount of Refund - When a Passenger loses a UA issued Ticket eligible for a refund, or the unused portion thereof, UA will, subject to the conditions set forth below, make a refund to the Passenger in the following amounts, as applicable. a) If no portion of the Ticket has been used, the refund will be an amount equal to the fare and charges paid, less service charges as indicated below. b) If a portion of the Ticket has been used, and (i) The Passenger has purchased a new Ticket covering the same transportation as that covered by the unused portion of the lost Ticket, the refund will be an amount equal to the fare and charges paid for such new Ticket, or (ii) The Passenger has not purchased a new Ticket covering the same transportation as that covered by the unused portion of the lost Ticket, and free transportation is not provided by UA, the refund will be an amount equal to the positive difference, if any, between the fare and charges paid, and the full normal fare and charges applicable to the transportation of the Passenger covered by the used portion of the Ticket, or (iii) Where, in UA’s judgment, a hardship exists and UA provides a free Ticket covering the lost portion(s) upon payment of service charges shown below, no further refund shall be due. 2) Application for Refund of Lost Tickets a) A refund will be made for eligible tickets in accordance with 1) above, provided application has been made no later than one month after the expiration date of the lost Ticket. b) The application must be made on forms provided by UA for such refunds. c) A refund will be made by UA upon application for such refund, provided that the lost Ticket or lost portion thereof has not previously been honored for transportation or refunded to any person during a period of three months from the date the loss is reported, and provided that the person to whom the refund is made agrees, in such form as may be provided by UA, to indemnify UA, including agreeing to return to UA such refund, for any loss or damage which it may sustain by reason of the use of the lost Ticket or portion thereof. 3) Service Charge - UA will impose a service charge of 150.00 USD/150.00 CAD per ticket for handling request for refund of a lost Ticket or portion thereof. EXCEPTION: No service charge will be imposed for Military Passengers when transportation is paid for with a U.S. Government Transportation Request (Form No. 1169). 4) Non-refundable Tickets - UA will not refund any portion of a lost non-refundable Ticket, including the fare and any taxes, fees, or other charges. For applicable service charge, the Ticket will be reissued, if application is submitted prior to scheduled travel. Non-refundable Tickets will not be reissued after the date of travel reflected on each Flight Coupon. G) Foreign Currency Refunds 1) All refunds will be subject to government laws, rules, regulations, or orders of the country in which the Ticket was originally purchased and of the country in which the refund is being made. 2) Refunds will be made in the currency in which the fare was paid, or, at UA’s election, in lawful currency of the country of the carrier making the refund in the amount equivalent to the amount due in the currency in which the fare or fares for the flight covered by the Ticket as originally issued was collected. H) Overcharge Refunds - Refund claims for overcharges must be submitted to UA in writing within 45 days after the operation of the flight Segment to which such overcharge claim relates, after which time no claim or legal action based on such overcharge can be maintained. I) Optional Services – Ticket refund will include fees charged to a Passenger for optional services that the Passenger was unable to use due to an oversale situation or flight cancellation. 2)

the passenger compartment of the aircraft and remaining in the personal possession of the passenger. NOTE: Assistance provided by crewmembers to properly store such items does not transfer liability to the Carrier. The Carrier is liable for damage sustained in case of destruction or loss of checked baggage upon condition only that the event which caused the destruction or loss took place on board the aircraft or during any period within which the checked baggage was in the charge of the Carrier. However, the Carrier is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the baggage. Further, the Carrier’s liability for the destruction, loss, damage or delay of baggage is subject to the terms, limitations and defenses set forth in the Warsaw Convention and the Montreal Convention, whichever may apply, in addition to any limitation or defense recognized by a Court with proper jurisdiction over a claim. The Carrier reserves all defenses and limitations available under the Warsaw Convention and the Montreal Convention, whichever may apply to such claims including, but not limited to, the defense of Article 20 of the Warsaw Convention and Article 19 of the Montreal Convention, and the exoneration defense of Article 21 of the Warsaw Convention and Article 20 of the Montreal Convention, except that the Carrier shall not invoke Article 22(2) and (3) of the Warsaw Convention in a manner inconsistent with paragraph (1) hereof. The limits of liability shall not apply in cases described in Article 25 of the Warsaw Convention or Article 22 (5) of the Montreal Convention, whichever may apply.

6)

7)

E)

Under the Warsaw Convention and the Montreal Convention, whichever may apply, an action for damages must be brought within two years, and a complaint must be made to the carrier within seven calendar days in the case of damage to baggage, and 21 calendar days in the case of delay thereof. For baggage claims, reimbursement for any expenses will be based upon proof of claim acceptable to UA. For purposes of all other carriage (including Domestic Carriage) not governed by the Montreal Convention or other applicable international law, the following liability limitations and other exclusions apply:

F)

UA shall not be liable for any death, injury, delay, loss or other damage of whatsoever nature (hereafter referred to collectively as “damage”) arising out of or in connection with carriage or other services performed by UA, unless such damage is proven to have been caused by the sole negligence or willful misconduct of UA and there has been no contributory negligence on the part of the Passenger.

G)

UA shall not be liable for any damage arising out of UA’s compliance with any laws, government regulations, orders, rules, requirements or security directives or as a result of a Passenger’s failure to comply with such laws, government regulations, orders, rules, requirements or security directives or as a result of Passenger’s reliance on advice provided by UA regarding such laws, regulations, orders, rules, requirements or security directives. See also Rule 19. UA shall not be liable for any punitive, consequential or special damages arising out of or in connection with carriage or other services performed by UA, whether or not UA had knowledge that such damage might be incurred. Any limitations or exclusions of liability of UA shall apply to and be for the benefit of UA’s agents, employees, vendors and representatives acting within the scope of their employment and also to any person whose aircraft is used by UA and its agents, employees or representatives acting within the scope of their employment. Nothing herein shall be deemed to affect the rights and liability of UA with regard to any claims brought by, on behalf of, or in respect to any person who has willfully caused damage which resulted in death, wounding, or other bodily injury of a Passenger. Additional Baggage Liability Limitations and Exclusions:

H) I)

J) K)

1)

If all of the Passenger’s Ticketed segments are for carriage within the U.S.A., the following apply: a) Liability for the loss of, damage to or delay in delivery of a Passenger’s personal property, including Baggage, when such personal property or Baggage has been checked (unless a higher value is declared in advance and additional charges are paid and personal property is not otherwise excludable), is limited to USD 3,400 per Ticketed Passenger. Passenger will be responsible for documenting and proving the actual value of the loss. For baggage claims, reimbursement for any expenses will be based upon proof of claim acceptable to UA. b) When transportation is over the lines of UA and one or more carriers with a liability limitation exceeding USD 3,400 for each fare-paying Passenger and responsibility for loss, damage, or delay in the delivery of baggage cannot be determined, the liability limitation of USD 3,400 for each fare-paying Passenger will be applied to all carriers. When transportation is via UA and one or more carriers, which exclude certain items in checked baggage from liability, UA will not be liable for the excluded items. c) UA assumes no responsibility or liability for Baggage or other items carried in the Passenger compartment of the aircraft. d) In the case of loss of, damage to or delay in delivery of a Passenger’s personal property, including Baggage, a preliminary notice of claim must be submitted to UA by the Passenger within twenty-four hours after arrival of the flight on which the Baggage was or was to be transported. In the event of failure to give such preliminary notice of claim (absent extraordinary circumstances to be determined at UA’s discretion), no action shall lie against UA. e) After preliminary notice of claim to UA by the Passenger, the Passenger must obtain a written claim form from UA. f) The completed written claim form pertaining to the claimed loss of, damage to or delay in delivery of a Passenger’s personal property, including Baggage must be received by UA’s System Tracing Center from the Passenger within 45 days after the flight date. If the Passenger fails to return the completed written claim form within the specified time period (absent extraordinary circumstances to be determined at UA’s discretion), no action shall lie against UA. No employee, agent or representative of UA can bind UA legally by reason of any statements relating to the baggage claims process or any other information, it is the Passenger’s responsibility to follow the claims process in this Rule. Wheelchairs and Other Assistive Devices a) With respect to Domestic Carriage only, the baggage liability limits authorized by 14 CFR 254 do not apply to claims for loss, damage or delay concerning wheelchairs or other assistive devices. The notice and claim requirements, however, do apply. b) In the case of a lost, damaged, or destroyed wheelchair or other assistive device, documentary proof of loss is required from the Passenger to process a claim for damages. If a wheelchair or other assistive device can be returned to the Passenger in the condition in which it was received by making reasonable repairs, UA may, at the Passenger’s request, make the repairs. c) UA has the right to inspect and document any pre-existing damage prior to acceptance of wheelchairs or other assistive devices as Checked Baggage. UA reserves the right to refuse to transport large wheelchairs or other assistive devices that, due to the physical size of an aircraft compartment, cannot be carried upright safely without risk of serious damage to the wheelchair, or that would cause a load imbalance in a small baggage compartment and violate weight and balance safety requirements. In such case, UA will use reasonable efforts to assist the Passenger in identifying a flight using an aircraft that can accommodate the wheelchair. EXCLUSIONS: UA shall not be liable for the loss of, damage to or delay in delivery of any of the following: a) Antiques, artifacts, collectibles, religious items; b) Antlers; c) Backpacks not designed for travel, sleeping bags and knapsacks made of plastic, vinyl or other easily torn material with aluminum frames, outside pockets or with protruding straps and buckles; d) Business equipment and business samples; e) Portable multimedia players including, but not limited to, CD, DVD or MP3 players; f) Chinaware, glass, ceramics, pottery; g) Computer hardware/software and electronic components/equipment; h) Items checked in sacks or paper/plastic bags that do not have sufficient durability, do not have secure closures or do not provide sufficient protection to the contents; i) Items checked in corrugated/cardboard boxes, including cardboard boxes provided by UA, except for items that otherwise would be suitable for transportation without the cardboard box (e.g., bicycle, garment bag); j) Electronic and mechanical items, including cell phones, electronic games; and other related items; k) Eyeglasses, Binoculars, Prescription Sunglasses and Non-Prescription Sunglasses and all other eyewear and eye/vision devices; l) Flowers and plants; m) Garment bags not designed for travel; n) Irreplaceable items; o) Items made of paper (e.g., advertising displays, blueprints, maps, manuscripts, business/ personal documents, historical documents, photos, books, negotiable papers, securities, etc.); p) Jewelry; q) Keys; r) Liquids, perfumes, alcohol/liquor, jerkins, ZAM ZAM water; s) Medicines and medical equipment (not used as assistive devices pursuant to 14 CFR 382.3); t) Money, gift cards and gift certificates; u) Musical instruments-Guitars, violins, violas, cellos, organs, harps, drums; v) Natural fur products; w) Perishable items such as medicine, flowers, and food (e.g., fruits and vegetables, cheese, fresh or frozen meat or poultry, seafood, baked goods, dry ice, and tobacco); x) Photographic/cinematographic/audio/video equipment, cameras and related items; y) Precious metals/stones; z) Tools, battery powered hand tools, tool boxes/containers, automotive towbars; aa) Totally unprotected items such as tennis racquets and umbrellas, either individually checked or tied/strapped to the outside of luggage; bb) Recreational and sporting goods, including but not limited to, archery equipment, baseball equipment, boggie/kite/skim/speed/skate boards, bicycles, bowling equipment, camping equipment, fencing equipment, golfing equipment, gymnastic equipment, hockey/lacrosse sticks, javelins, oars, paintball equipment, parachutes and parasails, pool cues, skating equipment, tennis equipment, water skiing/snow skiing/snowboards/wakeboards, hang gliding equipment, kayaks/canoes, personal human transporters, fishing rods, sculls, surfboards, windsurfing sailboards, vaulting poles, scuba diving masks and pressure gauges, copes, and sporting trophies. cc) Silverware, knives, swords; dd) Strollers, bassinets, and infant carrying seats; ee) Watches (Timepieces); ff) Works of art such as paintings or sculptures; or gg) Any other similar valuable property or irreplaceable property included in the Passenger’s Checked or Carry-on Baggage with or without the knowledge of UA. Assistance rendered to the Passenger by UA’s employees and/or agents in loading, unloading, or storing unchecked, Carry-On Baggage or Cabin Baggage shall be considered as gratuitous service to the Passenger for which UA shall not be liable. UA’s liability for Baggage is also limited in all of the following respects: a) UA shall not be liable for Baggage not claimed by Passenger immediately upon arrival. b) UA shall not be liable for damage caused by a Passenger’s property, whether such damage is to the Passenger’s own property or to other’s property. c) UA shall not be liable for the loss of, damage to or delay in delivery of any Baggage accepted by another carrier for Interline Transfer to UA, if the Baggage is not acceptable for transportation as Checked Baggage by UA. d) A Passenger traveling with an animal shall be responsible for compliance with all governmental regulations and restrictions, inclu w U w m w U w m R U m w U m m U m C w m m m m w m m U m w

2)

3)

RULE 28 ADDITIONAL LIABILITY LIMITATIONS For the purposes of international carriage governed by the Montreal Convention, the liability rules set out in the Montreal Convention are fully incorporated by reference herein and shall supersede and prevail over any provisions of this tariff which may be inconsistent with those rules. A) The Carrier shall be liable under Article 17 of the Warsaw Convention or Montreal Convention, whichever may apply, for recoverable compensatory damages sustained in the case of death or bodily injury of a passenger, as provided in the following paragraphs: 1) The Carrier shall not be able to exclude or limit its liability for damages not exceeding 113,100 Special Drawing Rights for each passenger. 2) The Carrier shall not be liable for damages to the extent that they exceed 113,100 Special Drawing Rights for each passenger if the Carrier proves that: (a) such damage was not due to the negligence or other wrongful act or omission of the Carrier or its servants or agents; or (b) such damage was solely due to the negligence or other wrongful act or omission of a third party. 3) The Carrier reserves all other defenses and limitations available under the Warsaw Convention or the Montreal Convention, whichever may apply, to such claims including, but not limited to, the exoneration defense of Article 21 of the Warsaw Convention and Article 20 of the Montreal Convention, except that the Carrier shall not invoke Articles 20 and 22(1) of the Warsaw Convention in a manner inconsistent with paragraphs (1) and (2) hereof. 4) With respect to third parties, the Carrier reserves all rights of recourse against any other person, including, without limitation, rights of contribution and indemnity. 5) The Carrier agrees that, subject to applicable law, recoverable compensatory damages for such claims may be determined by reference to the laws of the country of the domicile or country of permanent residence of the passenger. B) In cases of bodily injury or death, the Carrier shall make an advance payment where the Carrier determines it is necessary to meet the immediate economic needs of, and hardship suffered by, a passenger as provided in the following paragraphs: 1) Unless a dispute arises over the identity of the person to whom an advance payment shall be made, the Carrier shall, without delay, make the advance payment to the passenger in an amount or amounts determined by the Carrier in its sole discretion. In the event of death of a passenger, the amount of the advance payment shall not be less than 16,000 Special Drawing Rights, which shall be paid to a representative of the passenger’s next of kin eligible to receive such advance payment as determined by the Carrier in its sole discretion. 2) The Carrier shall make the advance payment as an advance against the Carrier’s liability under the Warsaw Convention, or the Montreal Convention, whichever may apply. An advance payment shall not constitute recognition of liability. An advance payment shall be offset against, or deducted from the payment of, any settlement or judgment with respect to any claim for compensation on behalf of the passenger. 3) The Carrier, in making an advance payment, does not waive any rights, defenses, or limitations available under the Warsaw Convention, or the Montreal Convention, whichever may apply, to any claim, nor shall acceptance of an advance payment constitute a release of any claim, whatsoever, by any person. 4) The Carrier, in making an advance payment, preserves its right to seek contribution or indemnity from any other person for such payment, which shall not be deemed to be a voluntary contribution or contractual payment on the part of the Carrier. 5) The Carrier may recover an advance payment from any person where it is proven that the Carrier is not liable for any damage sustained by the passenger, or where it is proven that the person was not entitled to receive the payment, or where and to the extent that it is proven that the person who received the advance payment caused, or contributed to, the damage. C) The Carrier shall be liable for damage occasioned by delay in the carriage of passengers by air, as provided in the following paragraphs: 1) The Carrier shall not be liable if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage, or that it was impossible for it or them to take such measures. 2) Damages occasioned by delay are subject to the terms, limitations and defenses set forth in the Warsaw Convention and the Montreal Convention, whichever may apply, in addition to any limitation or defense recognized by a Court with proper jurisdiction over a claim. 3) The Carrier reserves all defenses and limitations available under the Warsaw Convention or the Montreal Convention, whichever may apply to claims for damage occasioned by delay, including, but not limited to, the exoneration defense of Article 21 of the Warsaw Convention and Article 20 of the Montreal Convention. Under the Montreal Convention, the liability of the Carrier for damage caused by delay is limited to 4,694 SDR per passenger. The limits of liability shall not apply in cases described in Article 25 of the Warsaw Convention or Article 22 (5) of the Montreal Convention, whichever may apply. D) The Carrier is liable for damages sustained in the case of destruction or loss of, damage to, or delay of checked and unchecked baggage, as provided in the following paragraphs: 1) Except as provided below, the liability of the Carrier is limited to 1,131 Special Drawing Rights for each passenger in the case of destruction, loss, damage, or delay of baggage, whether checked or unchecked, under the Warsaw Convention or the Montreal Convention, whichever may apply. Unless the passenger proves otherwise: a. all baggage checked by a passenger shall be considered to be the property of that passenger; b. a particular piece of baggage, checked or unchecked, shall not be considered to be the property of more than one passenger; and c. unchecked baggage, including personal items, shall be considered to be the property of the passenger in possession of the baggage at the time of embarkation. 2) If a passenger makes, at the time checked baggage is handed to the Carrier, a special declaration of interest and has paid a supplementary sum, if applicable, the Carrier will be liable for destruction, loss, damage, or delay of such checked baggage in an amount not exceeding the declared amount, unless the Carrier proves that the declared amount is greater than the passenger’s actual interest in delivery at destination. The declared amount, and the Carrier’s liability, shall not exceed the total amount of declaration permissible under the Carrier’s regulations, inclusive of the limitation of paragraph D (1) hereof. In the case of transportation under the Warsaw Convention, no supplementary sum shall apply unless the declared amount exceeds 19 Special Drawing Rights per kilogram of the total recorded weight of the checked baggage at the time the baggage is handed to the Carrier. Nevertheless, the Carrier may impose charges for pieces of baggage in excess of any free allowance the Carrier may provide. 3) For purposes of determining liability with respect to lost, damaged or destroyed baggage under the Warsaw Convention, the weight of each piece of such baggage shall be deemed to be the maximum allowable weight for each piece of such baggage under the applicable restrictions, unless the actual weight is stated on the Baggage Check. 4) In the event of delivery to the Passenger of part but not all of the Passenger’s Checked Baggage, or in the event of damage to part but not all of such Baggage, the liability of UA with respect to the undelivered or damaged portion under the Warsaw Convention shall be reduced proportionately on the basis of weight, regardless of the value of any part of the Baggage or contents thereof. 5) In the case of unchecked baggage, the Carrier is liable only to the extent the damage resulted from its fault, or that of its servants or agents. The Carrier is not liable for baggage carried in

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T H U R S D AY : S E P T E M B E R 3 : 2 0 1 5

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TATUM ANCHETA EDITOR

BING PAREL

A S S O C I AT E E D I T O R

BERNADETTE LUNAS

life @ thestandard.com .ph

WRITER

@LIFEatStandard

W EL L BEING

LIFE

Foam rolling my IT band. Make sure not to put too much weight on your arms, it’s just there to help you balance.

FOAM ROLLING 101 FINE FETTLE BY BUBBLES PARAISO Have you ever walked into a gym and seen individuals rolling their backs, calves or thighs on a loglike object that is often quite spiky? In the MMA gym where I usually train, that sight is not rare to see. Fighters and non-fighters would go to a corner of the mat before training and roll their muscles away. But what are they doing, you might ask. Foam rolling is a form of self myofascial release, a hands-on technique that therapists use by applying a low load, long duration “massage” across layers of softtissue in the body until the body “releases” the tissue and mobility is restored between those sliding surfaces. Self myofascial release using a foam roller has been gaining popularity amongst athletes and non-athletes because of the immediate impact it has on their muscles and performance. The roller breaks up fibrous tissue and boosts circulation to make you less sore. Although this will never completely replace the work of a therapist, it serves as a great quick fix alternative. It helps reduce mild muscle tension and pain within your own body, but because you contract your muscles when you hold a position on the roller, you are also strengthening the area as you stretch. Personally, when I feel like my back is in a bit of pain, I roll my back on the mechanism and not only does it loosen up the muscles, but I also hear my bones crackle,

My favorite part to foam roll is my back, as it gives my spine a nice stretch to counter bad posture when seated.

Giving your quads a self myofascial release helps with your hips.

which is quite relieving, and also lets my body do a slight backbend, which is an awesome stretch. The benefits of foam rolling include increased blood flow throughout the body, which improves the delivery of oxygen while working out; shorter recovery time as it helps with muscle repair;

The calves are one of the most basic yet important areas to foam roll as we abuse it all the time from walking or wearing the wrong shoes.

improved blood flow which helps the removal of toxins from your muscles and thus helps reduce the appearance of cellulite and increased range of motion as it helps stretch out and lengthen your muscles. Increased range of motion also means you may work on your muscles more thoroughly.

While some use the foam roller as part of a dynamic warm up when they feel a little tight, foam rolling can also be done after every workout as it is quite helpful in the process of building one’s flexibility, aside from it being one of the most effective tools in recovery and injury prevention. When done as

a warm up, it should be the first thing done to help get the blood flowing and reduce tension in the muscles before any stretching or cardio. As a post workout cool down, it helps the healing process of your muscles by allowing fresh nutrients and oxygen to come in as it helps flush out the blood that has pooled around the working muscles. It is ideal to do both but if you only have limited time, it is best to roll before you workout to get maximum benefits. My favorite things to do on a foam roller are actually the basic ones. The first area that one should foam roll are the calves. Since we abuse our calves a lot, from our sitting position to the shoes we wear, the range of motion of the ankle is limited and thus reduces function up to the rest of the body. The second area that one must pay attention to when foam rolling is the quadriceps or the quads. Because of our usual activities, this area gets shortened and affects the function of the hips and might even add some stress on your lower back. Lastly, as I mentioned earlier, the upper back or thoracic spine area is another best thing to foam roll as this area is designed for rotation and extension. Our posture usually gets bad when seated and this helps you somehow with your alignment. To foam roll these areas, begin each move by laying the part of your body that you are working on onto the roller, then roll slowly in both directions until you find the tender spot. Hold for a few seconds then continue down the length of the muscle/s until you find another knot. Repeat five to 10 times. You might find it a bit painful at first, especially on the tight areas. But it is a good kind of pain. I say give it a try; your body will thank you. Follow me on Instagram and Twitter @bubblesparaiso


T H U R S D AY : S E P T E M B E R 3 : 2 0 1 5

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THE GIST

BY ED BIADO

LIFE life @ thestandard.com .ph

@LIFEatStandard

A DEEPER LOOK AT HIV IN THE PHILIPPINES Part 2 of 2

L

ast Thursday, we published the first part of our interview with The SHIP Foundation’s medical director Dr. Katerina Leyritana and physician Dr. Khaled Alim on the current state of HIV in the Philippines, particularly the underlying issues. Today, we are continuing what we started. Here is the rest of that eye-opening discussion:

This is what Dr. Leyritana thinks of the rates of public awareness. She’s talking about figures found in the Integrated HIV Behavioral and Serologic Surveillance report, which reveals that in 2013, only 35 percent of MSM answered all five knowledge questions correctly, down six percentage points from 2011. Condom use “during last anal sex with a male” partner in 2013 was up only two percentage points from 2011 at 37 percent. (The national target is 80 percent.) The same report found that 57 percent of MSM believe they were at risk of having HIV. Of that number, 55 percent think that way because they have multiple sex partners while 37 percent said that it’s because they don’t always practice safe sex.

“Each step of the HIV care cascade is an opportunity to ‘lose’ a patient,” Dr. Leyritana adds, as “crisis points occur at each turn.” She narrates the following scenario: Counselors, as well as family and friends, have to support the patient at diagnosis to accept the situation and disclose their condition to family, partners, friends and employers while watching out for possible medical complications. When treatment is commenced, side effects and compliance become issues. For continuing treatment, the patient needs to strictly comply with it, and the cost may sometimes be prohibitive, which leads to financial struggles. Treatment fatigue and despair may also be observed, together with occurrence of physical illness and recognition of new symptoms as the disease progresses. As such, drastic lifestyle changes are necessary, further adding to the emotional burden. The patient may also be diagnosed with AIDS and that is a major ordeal. These take a toll not only on the patient but on the caregiver/s, who are most likely close family members, as well. This is why, Dr. Leyritana says, HIV medicine needs to be supported by counseling services for the whole family.

SUPPORT IS VERY IMPORTANT.

WHAT ELSE CAN BE DONE?

“THE NUMBERS AREN’T VERY ENCOURAGING.”

Once diagnosed with HIV, patients struggle with a myriad of issues, which is why support from family and friends is paramount. As people living with HIV, they are faced with emotional trials at every stage and are especially vulnerable when they find out they are infected. “The struggle that they all have in common is coming to terms with their condition. Some of the patients enter a denial phase and pretend that nothing happened. A support system (friends/ family) is very important in helping them come to terms with being PLHIV (people living with HIV),” Dr. Alim observes.

No matter how supportive family and friends are, it’s all for naught if PLHIV don’t receive proper and continued healthcare. To

achieve “universal access to HIV care,” Dr. Leyritana lists down the following things that should be addressed: • Further increase provisions for HIV service delivery in all Category A and B areas; more treatment hubs, more public-private-community clinics. • Create a network of all HIV centers so that wherever a patient may be, continuity of care will be ensured. • Have consistent dialogues between policy-makers and the HIV community. • Resolve the HMO coverage issue of HIV and other related diseases. • Provide a grievance/legal help desk for human rights issues and discrimination. • Provide shelters for end-of-life care and the abandoned. • Provide an HIV-proficient drug rehabilitation facility.

she believes, the more we eliminate the stigma attached to it, and the less people will be afraid to know their status. A final word of advice: “Make the HIV test part of your routine health practice. If you are sexually active, take the test at least twice a year. The earlier you know about your status, the better your outcome will be.”

Meanwhile, on a personal level, she recommends a healthy discussion among friends on (1) the avoidance of risky behaviors that increase HIV transmission, (2) the logic behind having an HIV test, and (3) the continued love and support that will be given if one of you becomes HIV-positive. The more we talk about it,

The facility, located on 566 Shaw Blvd in Mandaluyong, is open from 1 p.m. to 7 p.m. everyday, except on Thursdays. It can accommodate clients up to 9 p.m. For more information, go to www.facebook.com/ TheSHIPFoundation.

The SHIP Foundation is a one-stop shop that offers services free from judgment and discrimination. The institution is a safe place for everyone seeking for private, discreet and confidential care. Services range from HIV-screening, laboratory tests for all kind, sexually transmitted infection (STI) treatment and management, HIV treatment, care and support (TCS) provision, HIV and STI prevention intervention, condoms and lubricant provision, and other health related complications management.

Follow me on Twitter and Instagram @EdBiado

HAIRCUT FOR A CAUSE

Matrix Philippines rolls out the 8-Inch “Cut for Cancer” campaign Year 2

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n its second year, Matrix Philippines is launching its Matrix 8-inch Cut for Cancer Challenge, an initiative under its worldwide program called “Matrix Chairs of Change” which allows salon communities and stylists to make a difference through their craft. The campaign aims to encourage Filipinas to give the gift of hair for Filipino children stricken by cancer by donating medical hair wigs. In the Philippines alone, children diagnosed with cancer are rising by 30 percent annually. At the Philippine Children’s Medical Center (PCMC), there are over 500 kids being treated for cancer and this figure is still rising. Maxene Magalona is Matrix’s ambassador last year and she was one of the first who donated her hair. This year, her sister Saab MagalonaBacarro will be sharing her hair for the advocacy. Cancer awareness is an

advocacy that is close to their hearts and they both aim to be a catalyst to make a difference in the lives of kids battling cancer and encourage more Filipinos to be part of the cause. Starting in August until September 18, Filipino women are invited to register to be part of the movement by signing up at www.MatrixCutfForCancer.com. On September 19, all registered volunteers can head to 2nd Level Mega Atrium of SM Megamall to have eight inches of their hair cut and be transformed into children’s wigs. “On this one-day only event, in celebration of Child Cancer Awareness Month on September, our goal is to bring together Filipinas to donate at least eight inches of their hair that will then be turned into wigs to be donated to kids undergoing cancer treatment,” shared Inah Ramos, senior product manager of Matrix Philippines. “As we encourage our

stylists to make a difference through their craft, we would like to share the mission of Matrix to everyone to touch and change the lives of more Filipino children fighting cancer.” With 35 years of global salon success and currently present in 58 countries, Matrix continues the Chairs of Change journey with the Matrix 8-Inch Cut for Cancer Year 2. “Matrix and our partners are proud to join this worldwide movement in increasing priority given to cancer patients, (and) to remain inspired and continue the fight with confidence,” added Ramos. The campaign is in partnership with David’s Salon, which pledged 80 hairdressers to share their talent for the campaign for the benefit of Kythe Ateneo. For more information about the campaign and to register for the Matrix 8-Inch Cut for Cancer, visit www.MatrixCutfForCancer.com.


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LIFE life @ thestandard.com .ph

@LIFEatStandard

HEALTH BULLETIN THE TWO KEYS TO LIVING YOUNG AND HEALTHY

Hyaluronic acid is considered a natural moisturizer that keeps the skin looking full and supple. Collagen, on the other hand, is the major component of the body’s connective tissues that provide structural support in the skin, muscle, ligaments, tendons, cartilage and bones. These two do not only possess benefits comparable with the “fountain of youth” but also provide flexibility to those with arthritis (hyaluronic) and improve blood circulation (collagen). The proven powers of hyaluronic acid, collagen and more come together in Premium HyC150 supplement, bringing good health and improved physical looks to an individual. “Premium HyC150 is a good supplement for mature people 30 years old and above for it prevents and slows down the aging process,” says Dr. Rodolfo Apostol, expert on aesthetic science and skin medicine. “It contains ingredients that are continuously depleted as we age, and there is no way for our body to replenish them but from external sources.”

PNEUMONIA KILLS OVER 2 MILLION CHILDREN ANNUALLY Despite being a highly treatable and preventable disease, the global mortality rate of pneumonia among

children below five years old is increasing according to the World Health Organization and United

Nations Children’s Fund. The two organizations reported that over two million or one in five in this age demographic are dying annually. Pneumonia is an infection of the lower respiratory tract that can be acquired through the inhalation of bacteria and viruses or contaminated airborne droplets from another person’s cough or sneeze. Children in their formative years are vulnerable to these threats, hence highlighting the need for preventing or properly treating childhood pneumonia. To prevent the disease, medical professionals strongly advise parents to get their children the right immunization, one of which is flu vaccine. Mall-based clinics such as Healthway Medical offer vaccines for children. For more details, visit www.healthway.com.ph

PLANT FOODS STRENGTHEN THE IMMUNE SYSTEM A strong immune system protects the body against invaders and prevents cell mutations, making it important that our immunity is strong and works properly. On September 5,

multi-awarded microbiologist and immunologist Dr. Jau Fei-Chen will be in the Philippines for “LIVE! With Dr. Chen” as she introduces wholesome plant food products that provide the

Premium HyC150 is available at selected Watsons stores nationwide. Visit www.HyC150. com for more details.

necessary nutrients to strengthen the body’s defense system. The event will highlight the importance of taking proper nutrition to nourish the immune system. Dr. Chen will also share ways on how to defend the immune system from deadly illnesses such as cancer, diabetes and other chronic diseases. This health affair is open to the public with tickets available for only P50. To register, contact Maricel Ansay at 0927-7409661 or visit www. eexcel.com.ph

Dr. Jau Fei-Chen

Wyeth Nutrition marks a century of pioneering Nutrition Science

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n 1915, leading nutritionals company Wyeth Nutrition began its history of pioneering advancements in nutrition science, paving the way for many firsts and breakthroughs that have significantly helped generations of Filipinos and people all over the world live healthier lives and achieve their full potential. Its science-proven milk products are made with highest quality standards, in the process setting the benchmark in the global arena with its steadfast dedication to provide the best nourishment for future leaders. Now celebrating its 100th year, Wyeth Nutrition takes pride in its relentless pursuit of innovations that address special

nutritional needs during the early stages of life as well as bridge gaps in the nutritionals industry. “We are grateful for the unwavering trust of Filipino families and the steadfast support of our partners who have greatly empowered and driven us in reaching our global milestone,” said Wyeth Nutrition President and General Manager Eugene David. Wyeth Nutrition is the maker of Progress Pre-School Gold, Promil PreSchool and Bonakid Pre-School milk products, products that have become synonymous with utmost quality as they are subjected to rigorous quality testing and processes.

As Wyeth Nutrition celebrates its centennial anniversary, it further strengthens its initiatives to lead the way in research, development and education through meaningful partnerships with parents, healthcare professionals and stakeholders. “At the core of our commitment to pursue innovations in nutrition science is our aspiration to help improve the health and well-being of Filipino families and the succeeding generations,” David stressed. To learn more about Wyeth Nutrition and its 100th anniversary celebration, visit http://www.wyethnutrition100. com.ph or like its official Facebook at http://www.facebook.com/ wyethnutritionph.


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LIFE life @ thestandard.com .ph

@LIFEatStandard

ESCAPISM STARTS AT HOME

Uplift your senses with Body Shop’s Spa of the World range

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he word “spa” makes you imagine serenity, relaxation, and oh, pure bliss. For most city dwellers, massage and spa treatments are almost always part of a monthly routine. Who wouldn’t want to relax and be stress free from all the traffic, the endless workoad, and the noise pollution in our daily lives? But spa treatments usually burn a hole in the budget as they are indeed pricey. It wouldn’t hurt to turn your home into your own spa and share the experience with your loved ones. Body Shop developed a Spa of the World range to turn your home into a relaxing haven as it believes that escapism starts at home. Whether your body needs to be awakened, calmed, or pampered, there’s a product range perfect for your body’s need. Infused with the finest natural ingredients, Spa of the World’s refined textures and delicate fragrances will take your body and mind on the ultimate sensory spa journey.

The Body Shop’s Spa of the World

luxuriously rich oil, leaving skin feeling smoother and softer. Then follow it by treating your skin with Himalayan Charcoal Body Clay. The clay removes impurities and softens skin for a deeply cleansed feel by focusing on dull and tired skin. After this, nourish your skin with Japanese Camellia Cream to make the skin feel beautifully hydrated and delicately scented from

RELAXING RITUAL

When you’re feeling tense, use the calming spa ritual product range to de-stress, unwind and reconnect with body and mind. Start with the African Ximenia Scrub. Handpicked in Namibia from the “Tree of Life,” the ximenia fruit seed yields a

décolletage to your toes. Finally, finish off with a relaxing massage using French Lavender Massage Oil. Try using the Spa of the World’s Thai Wooden Massager to enhance the experience by focusing on tense areas.

REVITALISING RITUAL

Everyone needs an energy booster especially for sluggish days. Start off with the Dead Sea Salt Scrub that stimulates your circulation when massaged onto the skin. Its high mineral content and coarse crystals exfoliate the skin to reveal a softer and refreshed layer. After

rinsing, treat your body with Moroccan Rhassoul Body Clay, a product treasured by Moroccan women for its skin firming power. The mask absorbs excess water and oil allowing skin to tighten and feel firmer as it dries. Finish off with a soothing massage using Thai Lemongrass Massage Oil with an invigorating scent that is known to boost vitality and awaken the senses. You’ll feel good as new and ready for your day after this revitalizing ritual.

BLISSFUL RITUAL

Sometimes, the only excuse for a spa treatment is – you simply want to be pampered. Nourish your skin with Polynesian Monoi Radiance Oil, a product that is a blend of coconut oil and fragrant tiare flowers, perfect to condition your hair and skin.

After rinsing, lavish your body with Hawaiian Kukui Cream, with ingredients that help restore the skin’s natural suppleness, leaving it feeling nourished and soft. Finish with a blissful massage using Tahitian Orchid Massage Oil. The oil is blended with ylang-ylang and patchouli, and it produces an exquisite scent that teases the senses with its sensual properties. Use this pleasure-enhancing massage oil as part of your blissful ritual when your body is in need of luxury. This product range is definitely something to keep at home; not only do they give the full spa experience, the products help to give back to the earth by improving the livelihood of the local communities, and sourcing the finest and kindest Community Fair Trade ingredients from diverse areas of the world.

Relaxing Ritual

STAR WARS FORCE FRIDAY AT TOY KINGDOM In the most epic product launch ever mounted, toys and merchandise inspired by the upcoming film Star Wars: The Force Awakens will be revealed for the first time in YouTube, with the celebration hosted out of Los Angeles and live unboxings beginning in Sydney, Australia (evening of Sept 2, US time) with the grand finale in Lucasfilm, home of Star Wars in San Francisco (morning of Sept 3, US time). In the Philippines, a Force Friday event on September 4 at 12:01 a.m. at the SM Mall of Asia’s Main Mall Atrium will be held with select Star Wars: The Force Awakens toys and merchandise to be unveiled. Aside from getting the first dibs, Star Wars enthusiasts Force Friday. Take part in the world’s first live, toy unboxing event will be amazed at the exciting as select new products inspired by the upcoming film Star Wars: The Force Awakens are celebrated at Toy Kingdom’s Force Friday on line up of events such as the September 4, 12:01 a.m. at SM Mall of Asia, Main Mall Atrium. In the best dressed impersonator most epic product launch ever mounted, the event unfolds across 12 competition, and the Star countries, 15 cities, and 18 hours. Wars trivia with prizes to be tar Wars fans across the world won. Freebies also await lucky shoppers. definitely feel the force with the Save the date, join this epic launch, select new products unveiled and be the first to have never before seen during the first live, global toy products inspired by the movie at the Star unboxing event that unfolded across 12 Wars: The Force Awakens toy launch only countries, and 15 cities in 18 hours. at Toy Kingdom.

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The benefits of cotton on the skin

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otton is a common fabric that makes up everyday clothing items from innerwear to shorts, jeans as well as towels and bed sheets. For babies most especially, natural fibers are best because they rarely cause allergic reactions to the skin and prevent irritation and excessive sweating. According to dermatologist Dr. Anna Palabyab-Rufino, it is important to use natural fibers like cotton to help prevent complex skin conditions like textile contact dermatitis, and that choosing absorbent, breathable and easy-to-wash natural fabrics is one way of preventing or treating skin problems. “When choosing clothes, one should not just consider the aesthetic aspect. You should feel comfortable and pleasant when the fabric touches your skin,” she said. In comparison, synthetic fabrics may contain formaldehyde finishing resins, dyes, glues chemical additives and tanning agents that can be harmful to the skin, resulting in irritation, rashes or other skin

manifestations. Babies and those with sensitive skin will benefit from clothing made of cotton for several reasons. Aside from the fact that it is organic, clothes made of cotton are softer and do not rub harshly against soft skin, and can be washed and dried more easily . Cotton Council International, the marketing and promotions arm of the US cotton industry, recently re-launched its 26-year-old flagship brand Cotton USA in the Philippines and revealed a new logo, with emphasis on purity, quality and responsibility as key attributes that set their cotton products apart from the rest. “The new generation of consumers needs to hear why cotton is such a wonderful product and why US cotton is the premier cotton for textile and garment manufacturers and consumers especially families,” said CCI president Dahlen Hancock. For more information, you may visit www.cottonusa.org.


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SHOWBITZ

ISAH V. RED EDITOR

isahred @ gmail.com

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TEam BamBOO’s ElHa Is ‘THE VOIcE KIds’ grand cHamPIOn 1

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leven-year-old banana cue vendor Elha Nympha of Team Bamboo was declared the grand champion of the second season of The Voice Kids after receiving 42.16 percent of the public votes during the program’s grand finals Sunday night. “I’m happy and I didn’t expect to win. I’m very happy because it’s my first time to win in this kind of competition,” said Elha. Elha, Bamboo’s first artist to win the top-rating singing competition, beat Team Lea artists Reynan Dal-anay, who got 31.64 percent of the votes, and Esang De Torres (18.16 percent), as well as fellow Team Bamboo artist Sassa Dagdag (8.04 percenrt. “I just truly believe she deserves it. The right thing I did this season was turn for her. I was the only one who turned for her (in the blind auditions). That’s quite a story. No one saw her coming, and then at some point, I knew I had someone very special,” said coach Bamboo. As the newest The Voice Kids grand champion, Elha won a recording contract from MCA Music Inc., a music instrument package, a shopping spree, a family utility vehicle, a house and lot

worth P2 million from Camella Homes, P1 million cash, and a P1 million trust fund. Before performing her winning piece “Ikaw ang Lahat sa Akin,” Elha impressed viewers with her mind-blowing rendition of Mariah Carey’s “Emotions” that showed off her whistle register, and sang with Jed Madela in the finale’s first two rounds on Saturday (Aug 29). Reynan, Esang, and Sassa, on the other hand, performed with “Your Face Sounds Familiar’s” Gary Valenciano, Billy Crawford, and Sharon Cuneta. During the Sunday live show, meanwhile, coaches Lea Salonga, Bamboo, and Sarah Geronimo also performed for the first time “Sariling Awit Natin,” a soon-to-be-released song composed by Yeng Constantino in collaboration with Jonathan Manalo. The second season of The Voice Kids was a phenomenal hit on Philippine television, as viewers nationwide watched the young artists share their dreams and sing their hearts out, making it the most watched TV program in the country in June and July. It recorded its alltime high national TV rating of 46.3 percent, based on data from Kantar Media.

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1 Coach Bamboo with Elha and Sassa 2 The Voice Kids Season 2 grand champion Elha Nympha performs her winning piece Ikaw Ang Lahat Sa Akin 3 The Voice Kids Season 2 grand champion Elha Nympha 4 Coach Lea Salonga with Reynan and Esang 5 Sarah Geronimo 6 Elha performing with Jed Madela 7 Esang 8 Esang performing with Billy Crawford 9 Sassa 10 The Voice Kids hosts Robi Domingo, Yeng Constantino, and Luis Manzano 11 Reynan performing with Gary Valenciano 12 Reynan 13 Sassa performing with Sharon Cuneta

IPHOTO

TV5 Top guns show big loVe for ogie

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appy Network TV5 went all out yesterday to make sure Kapatid singer-songwriter Ogie Alcasid was on his happiest celebrating his special day. Despite the long weekend, TV5 executives, led by TV5’s very own President and CEO Noel C. Lorenzana, took time from their busy schedules to personally greet Ogie on the set of Happy Truck Ng Bayan at

Commonwealth, Quezon City. Of course, the biggest surprise came from none other than his beloved wife, Asia’s songbird Regine Velasquez, who also went to the set to give her well wishes for Ogie. In photo, fromleft Janno Gibbs, Ritz Azul, Head of Media5 and FVP Jane J. Basas, Jasmine Curtis Smith, Anykka Asistio, SVP and Head of Programming Atty. Dan de Padua, Derek Ramsay,

Ogie Alcasid, TV5 President and CEO Noel C. Lorenzana, Shaira Mae dela Cruz, Chanel Morales, Sophie Albert, Chief Entertainment Content Officer Wilma V. Galvante, Mark Neumann, with top row from left, Martin Escudero, Alwyn Uytingco, Kim Idol, Gelli de Belen, Tuesday Vargas, Tom Taus, Empoy, Vin Abrenica, Akihiro Blanco and Carl Guevara.


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SHOWBITZ isahred @ gmail.com

Starting ‘ber’ monthS with a bang It’s going to be a fun-filled September for all Casino Filipino habitués as Pagcor ushers in the ‘Ber’ months with exciting celebrity shows. You wouldn’t want to miss the chance to watch and sing along with the stars who will pump up the volume with their much-awaited performances. Young balladeer Michael Pangilinan returns to Pagcor stage as he performs tonight at Casino Filipino Malate, and tomorrow at Madison Satellite. Michael is now making a name for himself as one of the most promising young artists of his generation. As one of the country’s female singers with powerful vocals, Sheryn Regis proves once more that she has what it takes to be called a singing diva in the music scene. She will captivate the audience tonight at Mactan Satellite, on Sept. 5 (Casino Filipino Cebu), Sept.10 (Casino Filipino Malate), Sept. 11 (Casino Filipino Davao), Sept. 16 (Casino Filipino Pavilion), Sept. 18 (Malabon Satellite), Sept. 19 (Casino Filipino Angeles), and Sept. 25 (Casino Filipino Tagaytay). Julia Clarete is not only a good actress but also a regular fixture on the small screen as a talented host. Catch her onstage at Mimosa Satellite on Sept. 11. For inquiries, call the PAGCOR Entertainment Department at (02) 708-2046, 5260337 loc 2401 or 2403. Check and ‘Like’ us on Facebook: www. facebook.com/pagcor.artists

Bevy of beauties

BEaUty qUEEnS COmPEtE in miSS GLOBE, miSS GRanD intERnatiOnaL

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he Bb. Pilipinas Organization has decided to join the Miss Globe and Miss Grand International pageants giving way for Bb. Pilipinas Tourism titlists Parul Shah and Ann Lorraine Colis to compete internationally after the cancellation of the Miss Tourism Queen International pageant. Bb. Pilipinas Organization, chaired by Stella Marquez-Araneta, now holds six local franchises including Miss Intercontinental, since last year, Miss Universe, Miss International and Miss Supranational pageants. Colis is a 22-year-old, 5-foot7, dusky beauty from Pampanga. She is a Management graduate and presently taking up Accountancy at the Uni-

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Sturdy lock Lounges around Opera house cheers Saddle horse Bangor locale White-water peril Meadow Broken-down horse Croissant Not far away Ruling class Toledo’s lake Former science magazine “Walk Away —” Secured Empower Gestures

ANSWER FOR PREVIOUS PUZZLE ACROSS 1 Kitchen utensil 6 Greedy people 10 Part of a yard 14 Sci-fi thriller 15 — and eye 16 S&L offerings 17 Pondered 18 Crooked 19 Actress — Miles 20 911 responder 21 Piece of prose 23 Ink for copiers

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versity of Santo Tomas. Shah, a 25-year-old, exotic half-Filipina, half-Indian, graduated with a BS Nursing at the University of the Cordilleras. Both expressed excitement and elation upon learning of their getting a oncein-a-lifetime opportunity of representing the country abroad. Colis is set to travel to Toronto, Canada on Sept. 20 to vie for the Miss Globe crown on Oct. 11. Miss Globe, now on its 42nd edition, is a beauty contest that offers great opportunities for girls around the world to fulfill their desires in life, according to its owner Petri Bozo. Princess Ramos represented the Philippines at last year’s contest in Baku, Azerbaijan. Maricar Balagtas is the only Filipina to win Miss Globe in 2001, while

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Almost grads Off-limits Man of the haus Racetrack Sports channel Dueler’s weapon Judges Throws in “The Little Sparrow” Yeast Fjord port Sporty trucks Desktop pictures Tire trouble “Saving Private —” Calmed Checkbook amt. Subway patrons Kiwi language Kukla’s pal Earn Brood over Wife, to a lawyer Fleming and Smith Nefertiti’s god The Bee — Calendar abbr. Aloha token

Priscilla Meirelles, former Miss Earth and now the wife of actor John Estrada, won the title in 2003. Shah will try her chance in one of the newest and biggest international beauty pageants in the world that aims to find a winner to promote its ‘Stop the War and Violence’ campaign to help stop conflict and violence around the world. Shah will leave for Bangkok on Oct. 4 to compete in the Miss Grand International 2015 finals on Oct.r 26. Kimberly Karlsson was unplaced in last year’s second edition while Annalie Forbes, host of Pinay Beauty Queen, placed third runner up during the inaugural edition of the contest. –tExt anD PhOtOS By EtOn B. COnCEPCiOn

Beauty titlists Parul Shah and Ann Lorraine Colis


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SHOWBITZ isahred @ gmail.com

nar CabiCo on lovi poe

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e plays Leah’s buddy in Beautiful Strangers when he found her wandering on the streets after the fatal accident that killed her father and left her losing some of her most precious memories. They wandered the streets together for food and they were always together until she was hurt by a guy who was staging a hold up and the victim was Christine (played by Heart Evangelista). Nar Cabico talks about how it is working with Lovi Poe who essays the character Leah and Joyce. “Napakagaan pong katrabaho ni Lovi She is just so warm and very professional. And from our talks during taping, I can sincerely say that she’s an amazing and kind-hearted lady. She makes the job not only easy, but something to look forward to! She is very generous with compliments, and her healthy snacks. Haha!” Nar says, adding, “I think she is surrounded by good people, and she manifests that goodness at nakakahawa ang pagka-goodvibes niya!” In one of our interviews with Lovi, she mentioned that her favorite scenes in the series are with Nar. “Napakagaling niyang kaeksena kaya nadadala talaga ako,” she said. Reacting to Lovi’s statements, Nar exclaims, “Wow!” and adds, “I am so flattered because every time I see her do challenging scenes, I get really affected. She is so talented, and such a natural actress. Minsan kapag nagpe-prepare siya for a dramatic scene, I reach out for her hand and just give her comfort. She’s my best friend in the show so I try to do the same kahit hindi pa nagro-roll ang camera. To work with her is already an honor, but to be her friend is a gift!” This is Nar’s first major TV project even if he had been in few episodes of Yaman Ni Lola and Art Angel when he was still in college.

SM hoStS Singing ConteSt for blind

A pregnant massage therapist, a teenager helping her cancer-stricken mother seeking treatment, and a group bonded by their love for singing are some of the contestants that won in the first singing contest for the visually impaired held at the SM North Edsa recently. Charmaine Tonic, a 21-year old native of Calapan, Oriental Mindoro could not believe that she would be the first winner in the first Himig Tanglaw, a musical talent search organized by the National Commission for Cul-

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Nar Cabico

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“Looking back, I’ve always been a kapuso pala!” he says giggling. “Last night, my character Shakira was revealed at overwhelming ang reaction ng mga tao. Nasa probinsya ako with my family at sabay-sabay kaming nanood. They are just so happy and proud. Tawa sila ng tawa at yakap sila ng yakap sakin, parang fiesta!” Nar continued, “It felt so good at parang nagkaroon ako ng renewed inspiration for acting. Huli kong tweet ay one year ago pa, so nung nag-tweet ang mga tao ng messages, I tried to thank every one of them. Even some of my cast mates sent very touching messages at nag-co-congratulate. Ngayon po, excited lang akong magpatuloy sa trabaho at lalo pang galingan. Being a theater actor helps me work and explore the character more, at lalo pang palalimin ang katauhan ni Shakira.

Carla Rae Jepsen

HHHHH Carly rae Jepsen’s new album Carly Rae Jepsen is back with her latest pop album with a whole new flair, full of heart and flavor. Not straying from her unforgettable chart topping, viral hit “Call Me Maybe”, the Canadian singer-songwriter has taken over the airwaves this year with the single “I Really Like You” (with a matching star-studded music video featuring no less than Oscar winner Tom Hanks and pop

ture and the Arts and the Philippine Chamber of Massage Industry for the Visually Impaired (PCMIVI) in partnership with SM Cares, the corporate social responsibility arm of SM Prime Holdings, Inc. Tonic, a masseuse for the past two years sang “The Prayer.” She did not expect to win because her fellow contestants were all good, she said. She is five months pregnant with her first child. “This is totally unexpected because I heard all of them sing but I guess the Lord heard my prayers,” she said. PCMIVI President Ronnel del Rio said the singing contest gave talented visually impaired individuals a chance to prove their self-worth to the community and society. “Blind people are relegated to mostly just being masseuse and that is unfortunate because many of us are talented and that

heartthrob Justin Bieber). But more than churning out bubbly and saccharine tunes of professing deep infatuation or love, Jepsen has moved up to a mature take on the subject. This is evident in the synth and epic new single “Run Away With Me” which is steadily climbing up the music charts. “That song’s about being away from someone for so long and having to make this one weekend together count,” Jepsen explains. “It’s totally romantic and not very real-life, but there’s something kind of magical in that.” The pop sensation releases her new album E·MO·TION this month. She admits that it is a fruition of her own heart matters. “I’d recently broken up with someone and moved to New York, so it was a scary new world for me—but at the same time I felt like I was coming into my own.” She adds, “A lot of the album’s about me trying to get some power back.” Jepsen decided to go for a deceptively simple title. “At a photo shoot one day I was looking at the definition of ‘emotion,’” she recalls, “and I loved the example that went along with it: ‘She was attempting to control her emotions.’ In some ways that’s exactly what I was doing with all these songs.” With its bright and shimmering layers of melody and texture, E·MO·TION gracefully captures both the joy and risk in following your heart. Fans of Carly Rae Jepsen shouldn’t miss out on her performing her songs live onstage. Catch her live at Smart Araneta Coliseum on Sept. 14, 2015, 8pm. Tickets are priced at VIP Patron – P5,000; Patron A – P4,500; Patron B – P4,000; Patron C – P3,000; Box – P1,500. Tickets are now on sale at www. ticketnet.com.ph or any TicketNet outlets.

is what we want to showcase today. That we can do other things rather than do massage,” he said. He also lamented that even blind masseuse are being given a hard time finding work because of the issuance of an administrative order from the Department of Health (AO 2010-0034) which requires everyone, including all visually impaired, to undergo and pass licensing examinations before they are allowed to work as massage therapists. “People with disabilities (PWDs) should be given all the support so we can be productive members of society and not just rely on dole-outs or the support of our families and friends. But they are making things hard for us that is why we have to look for ways to show to the world that we can do other things and be good at it,” he said.

Lovi Poe and Nar Cabico

Del Rio added that for the next competition, which will be held in 2017, they plan to expand the search to cover more provinces to give everyone a chance to show their talent. Fourteen-year old Jamie Ann Ladonga, who won third place in the contest, said her winning would be a great help to her mother who is battling cancer. She said she has been singing in birthday parties and weddings to help in her mother’s medications. Charina Limpiado, the lead vocalist of Sharp Troopers, the winner in the band category said they have been singing together as a group for the last four years. Working together in a massage clinic, they decided to form the group because of their love for singing. “We are really so happy for this opportunity because this is our first recognition as a group

that we are doing something good,” Limpiado said. Bien Mateo, Director of SM Cares’ Program for Disability Affairs, said their decision to host the Himig Tanglaw is a testament to SM’s commitment to provide all possible opportunities for PWDs to reach their full potentials. “We all share the dream of inclusive opportunities to everyone, including our PWD brothers and sisters. We at SM Cares have been working hard to make that happen in every opportunity we can. This is one of our ways to show our support for communities.” Mateo said. Del Rio, for his part, thanked SM Cares for being always part of their advocacy of promoting the rights of PWDs. “SM Cares has always been there for us and this is another demonstration of their valuable support to our cause,” Del Rio said.


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ISAH V. RED EDITOR isahred @ gmail.com

SHOWBITZ kapuSo SingS ‘new York, new York’ ISAH V. RED New York welcomes Dingdong Dantes, Ai-Ai delas Alas and other Kapuso stars as GMA Pinoy TV continues its 10th anniversary celebration dubbed #Sampuso with Kapusong Pinoy New York Following a series of jam-packed Kapusong Pinoy events across different continents, GMA Pinoy TV stages another Kapusong Pinoy concert at the prestigious Town Hall in Midtown Manhattan on Saturday, Sept. 5, with Kapuso stars all primed to bring the fun and entertainment to all loyal GMA fans. As GMA Pinoy TV celebrates its 10th anniversary this year, it remains committed to bringing quality news and entertainment to Kapuso fans abroad. For a lot of them these events help in making them feel closer to home. “The past ten years have been a very fruitful and heart-warming journey for GMA International and we dedicate this year’s Kapusong Pinoy concert series to all those who have been with us along the way,” says GMA First Vice President and Head of International Operations Joseph T. Francia. “Through a night of music, fun and laughter with their favorite Kapuso artists, we hope to bring a slice of home to our kababayans abroad,” he adds. Some of the Network’s biggest and brightest stars headline the third of this year’s series of anniversary concerts with Dingdong Dantes and Ai-Ai delas Alas leading the all-star cast. Alongside Dingdong and Ai-Ai are Julie Anne San Jose, Betong Sumaya and Christian Bautista. Rita Daniela will also join them in New York for the 10th Anniversary concert. The concert will be held at The Town Hall, 123 West 43rd Street, New York NY 10036 on Sept. 5. HHHHH Brand new action packed drama on rtL cBS entertainment Hd Limitless, the highly anticipated TV series in the US this fall, will premiere

on RTL CBS Entertainment HD on Sept. 23 at 9 p.m. within 12 hours of its U.S. broadcast. Based on the feature film with the same title, Limitless is an action-drama about Brian Finch who discovers the brain-boosting power of the mysterious drug NZT. The series stars Jake McDorman, Jennifer Carpenter, Hill Harper,, and Mary Elizabeth Mastrantonio.. Academy Award nominee, Bradley Cooper is executive producing the series and will guest star in the pilot reprising his role as Senator Edward Mora, the character he played in the movie. “We’re committed to bringing very strong programming to audiences in the region and are delighted to air LIMITLESS day and date of its U.S. broadcast,” says Jonas Engwall, CEO at RTL CBS Asia Entertainment Network. “This highly anticipated show complements the outstanding line-up of programs on our channel.” Limitless is a fast-paced drama that will explore what happens when there are no limits to man’s potential as Finch is coerced by the FBI to use his newfound extraordinary cognitive abilities to solve complex cases for them. Working closely with Finch in the major case squad in New York City is Special Agent Rebecca Harris (Jennifer Carpenter), a formidable investigator with a dark past and Special Agent Boyle (Hill Harper), a former military officer and Rebecca’s confidant. Unbeknownst to the FBI, Finch also has a clandestine relationship with Senator Edward Mora (Bradley Cooper), a presidential hopeful and regular user of NZT, who has plans of his own for his new protégé. Fueled now with a steady supply of NZT that enables him to use 100% of his brain capacity, Finch is now more effective than all of the FBI agents combined, making him a criminal’s worst nightmare and the greatest asset the Bureau has ever possessed. LIMITLESS is executive produced by Craig Sweeny, Alex Kurtzman, Roberto Orci, Heather Kadin, Marc Webb, Bradley Cooper, Todd Phillips, Ryan Kavanaugh, Tucker Tooley and Tom Forman. Produced by CBS Television Studios in association with K/O Paper Products and Relativity Television, the series is internationally distributed by CBS Studios International. ➜ continued on c7

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Limitless

1 AiAi delas Alas 2 Dingdong Dantes 3 Betong Sumaya 4 Julie Anne San Jose 5 Christian Bautista


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