Title
Civil Aviation Liberalization Policy EO 219
Law
Executive Order No. 219
Decision Date
Jan 3, 1995
Executive Order No. 219 establishes a policy in the Philippines to improve air service availability and efficiency through exposure to foreign markets and competition, allowing for the designation of international carriers, regulation of fares, and liberalization of the domestic transportation industry.
A

International Air Transportation: Carrier Designation

  • At least two international carriers are designated as official carriers of the Philippines.
  • Additional carriers may be designated if existing ones do not fully utilize the frequency entitlements under Air Services Agreements.

International Air Transportation: Traffic Rights and Routes

  • Exchange of traffic rights and routes is based on:
    • National interest, including promotion of trade, investments, and tourism.
    • Reciprocity, defined as equal or equivalent exchange of rights and opportunities.
  • The Civil Aeronautics Board (CAB) assesses national interest considering broader country and user interests.

International Air Transportation: Frequency and Capacity

  • CAB has sole authority, subject to the President’s confirmation, to grant or increase frequencies, capacities, or new routes to foreign carriers.
  • Frequency and capacity decisions:
    • Third and fourth freedom operations are granted based on reciprocity and value to the Philippines.
    • Fifth freedom rights are secondary and granted mainly to foster development of new routes.
  • CAB may authorize special flights if designated carriers cannot meet demand.

International Air Transportation: Tariffs and Fares

  • CAB regulates foreign designated carriers’ fares, rates, and charges per existing laws.
  • Granting promotional discounts considers reciprocity and value to the Philippines.
  • Air tickets for Filipino citizens residing locally should be transacted within the Philippines as much as possible.

International Air Transportation: Charters and Non-Scheduled Services

  • CAB may authorize charter flights and non-scheduled services if scheduled service traffic is not significantly diverted.

International Air Transportation: Developmental Cooperative Air Services

  • CAB may grant up to one-year authority for air services aimed at route and destination development.
  • Such authority includes connecting non-premier foreign city airports to new Philippine international gateways as per economic cooperation agreements.

International Air Transportation: Negotiating and Consultation Panel Composition

  • Department of Foreign Affairs (DFA) leads initial Air Services Agreement negotiations.
  • Philippine Negotiating Panel includes DFA (chair), CAB, designated carriers, and others authorized by the President.
  • Subsequent negotiations are led by the Department of Transportation and Communications (DOTC) through CAB.
  • Consultation Panel includes CAB (chair), DFA, Department of Trade and Industry (DTI), Department of Tourism (DOT), designated carriers, and others authorized by the DOTC Secretary.

Domestic Air Transportation: Market Entry and Exit

  • Liberalization of domestic air transport is encouraged where legally permissible.
  • Aim for at least two operators per route/link.
  • Routes with only one operator are open for additional entrants.
  • Existing operators may exit a route only after CAB finds abandonment uneconomical and in the public interest, per statutory obligations.

Domestic Air Transportation: Tariffs and Fares

  • Passage, freight, and other charges shall be liberalized as much as allowed by law.
  • Passage rates are deregulated for routes with more than one operator.
  • Routes with a single operator remain subject to fare regulation.
  • CAB monitors all rates and charges.

Government Support and Implementation

  • All government agencies and instrumentalities, including government-owned or controlled corporations, must support and cooperate in implementing the Order.
  • The Executive Order supersedes inconsistent previous executive, department, or agency issuances.
  • The CAB is directed to issue implementing rules and regulations.

Effectivity

  • The Order takes effect 15 days after publication in a newspaper of general circulation.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.