QuestionsQuestions (EXECUTIVE ORDER NO. 903)
EO 903 revises EO 778 by creating the revised charter of the MIAA, transferring existing airport assets to the Authority, and vesting it with powers to administer and operate the Manila International Airport.
“Authority” refers to the Manila International Airport Authority, while “Airport” refers to the new Manila International Airport (including the Manila Domestic Airport), all installations, facilities and equipment, and other airports in Metro Manila that the Authority may construct and administer in the future.
The Authority is attached to the Ministry of Transportation and Communications, and its principal office is located at the New Manila International Airport.
The land where the airport is located and the surrounding area (approximately six hundred hectares) are transferred to the Authority for ownership and administration, subject to existing rights. An actual survey must be completed within one year, and the title must be issued in the Authority’s name; no portion may be disposed of by sale or other mode unless specifically approved by the President.
They include: (1) encouraging and promoting international and domestic air traffic to develop trade and tourism and transportation/communications; (2) adopting internationally acceptable airport accommodation and service standards; and (3) upgrading facilities to ensure safe, efficient, and reliable airport services for international and domestic travel.
The Authority may control, supervise, construct, maintain, operate, and provide necessary facilities/services; promulgate rules and regulations for planning, development, maintenance, operation and improvement of the airport; and control/supervise construction and services within the airport.
It grants the Authority power to sue and be sued in its corporate name, to execute or enter into contracts of any kind, and to adopt and use a corporate seal.
The Authority may exercise the power of eminent domain in pursuit of its purposes and objectives.
The Authority may levy and collect dues, charges, fees or assessments for the use of airport premises/works/facilities/concessions or for services it provides, subject to approval of the Minister of Transportation and Communications in consultation with the Minister of Finance, and subject to Batas Pambansa Blg. 325 where applicable.
The Authority may exercise police authority necessary within its premises to carry out its functions and purposes, without prejudice to the Ministry of National Defense through AVSECOM. It may request assistance and deputization from law enforcement as required, and may regulate entry/exit and movement, maintain peace and order, supervise private security agencies, and enforce its rules.
It has seven members: Chairman (ex-officio, the Minister of Transportation and Communications), Vice-Chairman (ex-officio, the General Manager), and five ex-officio members: Minister of Finance, Minister of Tourism, Presidential Executive Assistant, AFP Chief of Staff, and Commissioner of Immigration and Deportation.
The Board meets at least monthly and as needed. Quorum is constituted by the presence of representatives of at least four (4) members. Adoption of rules, resolutions, decisions, or acts requires the vote of a majority of members/representatives present when quorum exists.
The Board defines/approves programs, plans, policies, procedures and guidelines; recommends the General Manager for appointment; approves organization structure and budgets; approves salary ranges and employee benefits; and fixes airport rates upon recommendation of the General Manager. The General Manager directly manages operations; supervises coordination among agencies in the airport; undertakes studies and submits reports; appoints/suspends/removes subordinates subject to Board approval; and implements/enforces Board decisions and rules.
Capital contributed by the National Government is P2.5 billion. The initial capital includes: (a) valuation of fixed assets and properties contributed/transferred from government agencies (with valuation determined jointly with relevant auditing/budget bodies); (b) value of real estate owned/administered by the Manila International Airport; and (c) net current assets plus an initial cash amount equivalent to about six months working capital, as approved by the President and appropriated from the National Treasury.
Sixty-five percent (65%) reverts to the general fund in the National Treasury, to be used for the maintenance and operation of other international and domestic airports in the country.
The Authority is exempt from realty taxes imposed by the National Government or any political subdivision/agencies/instrumentalities. The exemption does not extend to any subsidiary the Authority may organize.
The Authority may exact reasonable administrative fines for specific violations under rules and regulations it is authorized to issue. The fine must not be less than P50 nor more than P10,000.
The General Manager grants permits or concessions to the highest bidder after competitive public bidding, as far as practicable. Requirements may be waived for banks, post office branches, Bureau of Telecommunications, other government agencies with airport-related activities, those engaged in airline operations, or where fees/rates/assessments have been fixed by the Board. Final awards remain subject to Board approval.
In addition to other legal remedies, the Authority may detain on its own authority the aircraft equipment or furniture belonging to the owner/agent until amounts due are paid.