Question & AnswerQ&A (Republic Act No. 9497)
The short title of Republic Act No. 9497 is 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 with jurisdiction over the civil aviation system, promoting, developing, and regulating technical, operational, safety, and security functions under the authority.
An 'Aircraft accident' refers to an occurrence associated with the operation of an aircraft, between boarding and disembarkation, where any person suffers death or serious injury or the aircraft receives substantial damage.
The CAAP is headed by a Director General appointed by the President for a term of four years, which may be extended for another non-extendible term of four years.
A quorum is constituted by the presence of at least four members of the Board, and a three-member majority vote is necessary for decisions.
The Director General must be a Filipino citizen, at least 35 years old, of good moral character, recognized competence, possess a degree, and have at least five years of supervisory or management experience in aviation.
The Authority can sue and be sued, adopt bylaws, make contracts, raise funds, own and lease properties, receive donations, invest funds, settle claims, keep accounts, and perform necessary acts to fulfill its functions.
The Director General issues airman certificates, airworthiness certificates, air operator certificates, and other aviation-related certificates after proper investigation and ensures compliance with safety standards.
For the first offense, a fine of PHP20,000 to PHP50,000; for the second offense, suspension of license for three months; and for the third offense, revocation or cancellation of the license.
A person who knowingly falsifies aviation certificates or marks may be imprisoned from three to six years or fined between PHP100,000 to PHP500,000, or both, as determined by the court.
The Director General can direct that an aircraft not be operated if it is not airworthy, if the airman is not qualified or capable, or if the operation would pose imminent danger, and can detain such aircraft or airmen.
The Director General has police authority within airport premises to maintain security, regulate entry, maintain peace and order, supervise private security agencies, and enforce Board rules in conformity with other law enforcement agencies.
Board members and their relatives up to the fourth degree are prohibited from holding any interest in companies engaged in air commerce or related support services and must divest such interests upon assumption of office.
An aircraft must be owned or leased by Filipino citizens or Filipino-controlled corporations with at least 60% Filipino ownership to be eligible for registration, with exceptions for recreational aero clubs under specific regulations.
The Authority shall not revise its schedule of fees and fines more often than once every three years.