Question & AnswerQ&A (Republic Act No. 9497)
Republic Act No. 9497 shall be known as the "Civil Aviation Authority Act of 2008."
The policy of the State is to provide safe and efficient air transport and regulatory services in the Philippines by creating a civil aviation authority to oversee the restructuring, promotion, development, and regulation of civil aviation functions.
An 'Airman' refers to any individual engaged as a pilot, mechanic, aeronautical engineer, flight radio operator, crew member, aircraft dispatcher, or air traffic control operator involved in the navigation or maintenance of aircraft.
The CAAP is headed by the Director General of Civil Aviation, appointed by the President, responsible for all civil aviation matters and administration of the Act.
The Board is composed of seven members including the Secretary of the Department of Transportation and Communications as chairman and the Director General as vice chairman. The Board sets policies, oversees the Authority's functions, approves budgets, and issues rules, regulations, and fees.
Board members and their relatives within the fourth civil degree cannot hold any interest in air commerce companies or businesses providing support services to air commerce to prevent conflicts of interest.
The Director General must be a Filipino citizen, at least 35 years old, of good moral character, unquestionable integrity, have recognized competence, a degree holder, and possess at least five years supervisory or management experience in aviation.
The Director General enforces the Act, issues certificates (airman, airworthiness, air operator), inspects aircraft and facilities, administers safety regulations, imposes fines, and may suspend or revoke certificates.
Penalties include fines ranging from Twenty Thousand to Fifty Thousand Pesos for first offenses, license suspension for the second, and revocation for the third offense, with possible imprisonment for repeated or serious violations.
The Board investigates aircraft accidents and incidents to determine causes and recommend corrective actions to prevent future accidents until an independent agency is established.
The Authority enjoys fiscal autonomy and exemptions from all taxes, customs duties, and tariffs on equipment, supplies, and income, including capital gains tax, documentary stamp tax, and local government taxes.
Aircraft must be registered with the Authority by owners or lessees who are Filipino citizens or corporations with at least 60% Filipino ownership. A certificate of registration is issued upon eligibility under prescribed rules.
The Board has the authority to regulate or prohibit the height of buildings, towers, antennae, and other structures near airports to avoid endangering flight safety.
It is unlawful to operate aircraft without valid airworthiness or other required certificates, to serve as airman without proper certification, to employ uncertified airmen, or to operate as an air operator without a valid certificate.
The Director General can order an aircraft not to be operated if it is not airworthy, the airman is unqualified or incapacitated, or if the operation poses imminent danger to persons or property.