QuestionsQuestions (Republic Act No. 9497)
The short title is the “Civil Aviation Authority Act of 2008.”
To provide safe and efficient air transport and regulatory services by creating a civil aviation authority with jurisdiction over restructuring the civil aviation system and promoting, developing, and regulating technical, operational, safety, and aviation security functions.
CAAP is an independent regulatory body with quasi-judicial and quasi-legislative powers and corporate attributes, attached to the DOTC for policy coordination.
The existing Air Transportation Office (ATO) under RA 776, as amended, is abolished. However, nothing diminishes the powers and functions of the Civil Aeronautics Board (CAB) under RA 776.
The Director General is appointed by the President. He has a tenure of four (4) years, renewable for another non-extendible four (4) years, and may be removed for cause in accordance with Civil Service Commission rules.
Seven (7) members: (1) Secretary of DOTC as Chairman (ex officio), (2) DGCA as Vice Chairman (automatic), and (3)-(7) Secretaries of Finance, Foreign Affairs, Justice, Interior and Local Government, and Labor and Employment (all ex officio).
Board members and their relatives within the fourth civil degree are prohibited from holding any interest as investor, stockholder, officer, or director in air commerce and related support service companies; they must divest upon assumption of office.
No Board member or employee of CAAP may accept employment or enter into a contract with an entity regulated by CAAP until one (1) year after termination of appointment (by resignation, revocation, or otherwise).
Quorum is the presence of at least four (4) Board members. Adoption of any Board act requires a majority vote of three (3) members in a meeting where quorum is present.
He must be a Filipino citizen, at least 35 years old, of good moral character and unquestionable integrity, with recognized competence and a degree holder with at least five (5) years supervisory/management experience in aviation.
CAAP has fiscal autonomy. All moneys earned from fees/charges/dues/assessments/fines it is empowered to collect are used solely to fund CAAP operations, subject to examination by the Congressional Oversight Committee.
Importations of equipment, machinery, spare parts, accessories, and supplies/services used solely and exclusively in CAAP operations not obtainable locally are exempt from all direct/indirect taxes and related charges. Also, obligations entered into by CAAP and income derived from them are exempt from taxes (principal and interest) and specific taxes/fees including capital gains tax, documentary stamp tax, and real property estate tax.
CAAP must adopt and publish its schedule, hold public hearings or consultative meetings with stakeholders before adoption, and may not revise its schedule of fees and fines more often than once every three (3) years.
The Board promulgates rules and regulations necessary for safety in air commerce related to certification of airmen and operators, airworthiness certificates, navigation facilities and aerodromes, aircraft registration, search and rescue, rules of the air, air traffic services, accident inquiries, meteorology, and related safety/efficiency standards, among others.
The Director General shall not participate in hearing and adjudication of an appealed case where his office rendered the decision. Modification or reversal requires four (4) concurring votes of Board members who actively participated in deliberations.
In an emergency affecting safety, the Director General may immediately make just and reasonable orders/rules/regulations essential to safety without notice/hearing/pleading, with or without a report. He must then immediately initiate proceedings relating to the matter that caused the emergency.