QuestionsQuestions (Republic Act No. 776)
Its title is “The Civil Aeronautics Act of the Philippines.” Generally, it reorganizes the Civil Aeronautics Board and Civil Aeronautics Administration, defines their powers and duties (including fund/personnel adjustments), and regulates civil aeronautics in the Philippines.
No. The provisions and rules under RA 776 do not apply (except with respect to air traffic rules) to military aircraft and airmen of the Philippines and foreign countries, and to foreign civil and public aircraft and airmen other than those covered by Chapters III and IV.
Air transportation is service/carriage of persons, property, or mail by aircraft (in whole or part). Air commerce includes air transportation for pay/hire and navigation in furtherance of a business. An air carrier is a person who undertakes (directly/indirectly or by lease/arrangement) to engage in air transportation or air commerce.
They must consider development/utilization of Philippine air potential; encouragement and development of an air transportation system adapted to commerce, postal service, and defense; regulation for safety and sound economic condition; promotion of adequate efficient service at reasonable charges without unjust discrimination/preferences; encouragement of competition to the extent needed; promotion of safety of flight; and encouragement/development of civil aeronautics.
It consists of the Secretary of Commerce and Industry (Chairman), the Civil Aeronautics Administrator, the Commanding Officer of the Philippine Air Force, and two other Presidential appointees. A quorum is Chairman plus two members; a majority vote of members constituting the quorum is needed for a valid decision. A tie vote is referred to the President.
No Board member shall have any pecuniary interest in, or own any stock or bond of, any civil aeronautics enterprise.
Except as otherwise provided, the Board regulates the economic aspect of air transportation and has general supervision, regulation, jurisdiction, and control over air carriers and their property/property rights/equipment/facilities/franchise as necessary to carry out the Act.
It is a permit issued by the Board authorizing a person to engage in air commerce and/or air transportation (foreign and/or domestic). It may be altered/amended/suspended/cancelled/revoked by the Board when in the public interest.
No. The permit does not confer any proprietary, property, or exclusive right in the use of any air space, civil airway, landing area, or government air-navigation facility.
The permit specifies terminal and intermediate points (if any), the service to be rendered, time of arrival/departure, and frequency. No change in routes, rates, schedules, frequency, or supplemental/additional flights beyond those covered shall be effected without prior Board approval.
Except as otherwise provided in the Constitution and existing treaty(s), permits for domestic air commerce/transport shall be issued to citizens of the Philippines.
It must find (1) the applicant is fit, willing, and able to perform the service properly in conformity with the Act and rules/regulations, and (2) the service is required by public convenience and necessity; otherwise, the application is denied.
Generally, modification/suspension/revocation is by order after notice and opportunity for hearing when public convenience and necessity so require or for intentional failure to comply with the Act/orders/rules/terms/conditions. For good cause, the Board may suspend without notice/hearing for up to 30 days to avoid serious or irreparable public damage/inconvenience.
No permit may be transferred unless the Board approves the transfer as consistent with the public interest.
No permit shall be issued for a period of more than twenty-five (25) years.
Examples include: investigating air carrier violations; issuing subpoenas/subpoena duces tecum to compel attendance/testimony and production of documents verified as to truth/correctness; fixing reasonable fares/rates/charges (with burden of proof on carrier to show just and reasonable); requiring reports and contracts to be filed; reviewing Administrator decisions on grounding/revocation/civil penalties; and imposing/mitigating/increasing/compromising fines and civil penalties.
(a) Engaging in air commerce without a Board permit: fine up to PHP 5,000 or imprisonment up to 1 year, or both (with a transitional rule allowing continued operation for applicants filed within 120 days after approval). (b) Operating civil aircraft without a currently effective airworthiness certificate or in violation of its terms: fine up to PHP 5,000 and repetition is sufficient cause for revocation of the permit.