CAAP BOARD NO. 2011-023

Law Summary

Introduction

This resolution, adopted on April 11, 2011, pertains to the approval of the Civil Aviation Authority of the Philippines (CAAP) Schedule of Fees for air navigation services, under the provisions of Republic Act No. 9497.

Fiscal Autonomy and Fee Collection

Legal Basis: Section 15 of Republic Act No. 9497 grants CAAP fiscal autonomy, allowing it to retain all fees collected for its operational funding.
Key Requirement: All fees, charges, and fines collected must be used exclusively for CAAP's operations.

Schedule of Fees and Charges

Legal Framework: Section 17 mandates CAAP to adopt and publish its schedule of fees and charges after consulting stakeholders and prohibits revisions more frequently than every three years.
Last Update: The previous fee schedule was last amended in 1999.
Public Consultation: A public hearing was conducted in December 2009 to gather stakeholder input for the new schedule.

Approval of New Fees

Resolution: The board resolved to approve the new schedule of fees and charges, deemed fair and reasonable, to cover operational costs and regulations.
Implementation: The new schedule is effective upon publication and filing with the University of the Philippines Law Center-Office of the National Administrative Register (UPLC-ONAR).

Definitions of Key Terms

Aeronautical Fixed Service (AFS): Telecommunications for air navigation safety.
Aeronautical Mobile Service (AMS): Telecommunication service between aircraft and ground stations.
Flight Information Region (FIR): Designated airspace for flight information and alerting services.
Touch and Go: An operation where an aircraft lands and takes off without stopping.

General Provisions

Applicability: Fees apply to all aircraft operating in Philippine airspace, including overflights without landing.
Exemptions: Certain aircraft, including those operated by the Philippine government or for humanitarian missions, may be exempt from fees.

Operational Charges

Charges Structure: Operational charges are based on each arrival, departure, or overflight.
Calculation Formula:
- ANC (Air Navigation Charges) = Distance flown (in km) / 100 x Weight factor (W).
Specific Charges:
- International Flights: Charged based on the derived formula.
- Domestic Flights: Charged at half the rate of international flights, with a minimum of Php400.
- Training Flights: Minimum fee of Php250, with additional charges for Touch and Go operations.

Telecommunication Charges

Class aBa Messages: Fees apply for message transmission through the AFTN, with charges based on the length of the message.

Other Fees and Charges

CAAP retains the right to impose additional reasonable charges for other navigation facilities and services.

Payment and Non-Payment Consequences

Payment Terms: Fees for scheduled and regular flights are payable within ten working days upon receipt of the bill; transient flights due upon flight plan filing.
Consequences: Non-payment can lead to legal collection actions without prejudice to administrative penalties.

Separability and Repealing Clauses

Separability Clause: If any provision is found unconstitutional, the remaining provisions remain effective.
Repealing Clause: Previous orders inconsistent with this resolution are revoked, except specified existing circulars.

Effectivity

The resolution takes effect immediately after publication in a newspaper of general circulation and filing with UPLC-ONAR.

Key Takeaways

CAAP is authorized to collect fees for air navigation services based on a newly approved schedule.
Significant provisions include fiscal autonomy, structured fee calculations, and payment compliance.
Non-compliance with payment obligations could result in legal action.
Clear definitions of operational terms and exemptions are provided to guide stakeholders.