Title
Franchise for Magnum Air Inc. operations
Law
Republic Act No. 11410
Decision Date
Aug 22, 2019
Magnum.Air (Skyjet) Inc. is granted a 25-year franchise to establish and operate domestic and international air transport services, including the maintenance of necessary facilities, while ensuring compliance with government regulations and creating local employment opportunities.
A

Regulatory Compliance and Aircraft Standards

  • Magnum Air must secure all necessary certificates, permits, and licenses from the Civil Aeronautics Board (CAB) and the Civil Aviation Authority of the Philippines (CAAP).
  • All aircraft and their equipment must at all times be airworthy and crew members must be licensed by the Philippine government.
  • Equipment must include radio communications and safety gear, and be maintained under CAAP's technical regulations.
  • The grantee’s facilities and equipment are subject to inspection and regulation by the CAAP.
  • Compliance with Republic Act No. 776 (Civil Aeronautics Act) is mandatory.

Service Obligations

  • The grantee must maintain scheduled, nonscheduled, and/or chartered air transport services domestically and internationally, barring force majeure or adverse weather.
  • At least 25% of the route frequencies must serve the domestic market.

Rate Regulation

  • Passenger, mail, goods, and freight rates must be just and reasonable.
  • Rate schedules are subject to approval and regulation by the CAB and other government agencies.

Term and Revocation of Franchise

  • The franchise term is 25 years from the law’s effectivity unless revoked earlier.
  • The franchise is revoked ipso facto if the grantee fails to:
    • Commence operations within 1 year of CAB permit approval,
    • Operate continuously for 2 years, or
    • Commence operations within 2 years from the law’s effectivity.

Bond Requirement

  • The grantee shall post a bond to guarantee compliance with franchise conditions.
  • The bond amount is determined by the CAB.
  • After 3 years of approved operations, if conditions are met, the bond is released.
  • Failure to comply results in forfeiture of bond and automatic revocation of the franchise.

Landing Facilities Use

  • The grantee may use government-owned landing and airport facilities subject to government terms and national policy.
  • The government reserves the right to use the grantee’s airport facilities within the Philippines.

Contractual Powers

  • The grantee is authorized to enter into transportation and mail contracts with the Philippine government.
  • Preference must be given to government contracts.
  • The grantee may enter into agreements with foreign airlines for international routes.

Government Rights During Emergencies

  • The President may temporarily take over, operate, or suspend the grantee’s facilities or equipment during war, rebellion, calamity, emergency, or public disorder.
  • The grantee must be compensated for use of its facilities during such periods.

Liability Warranty

  • The grantee shall hold the national and local governments free from claims or liabilities arising from accidents during franchise operations.

Employment and Training Commitments

  • The grantee must create employment opportunities and provide on-the-job training.
  • Priority for employment is given to residents of the principal office location.
  • Labor standards and lawful employee benefits must be observed.
  • Annual reports to the Securities and Exchange Commission must reflect employment data.

Restrictions on Franchise Transfer

  • Sale, lease, transfer, or assignment of the franchise or controlling interest requires prior congressional approval.
  • Congress must be informed within 60 days of any ownership changes.
  • Failure to report results in automatic revocation.
  • Successors are subject to all franchise conditions.

Ownership Dispersal

  • The grantee must offer at least 30% of its outstanding capital stock to the public via Philippine securities exchange within 5 years of starting operations.
  • Failure to comply leads to automatic franchise revocation.

Annual Reporting

  • The grantee must submit an annual operations and compliance report to the Philippine Congress committees overseeing legislative franchises and public services.
  • Reports are due by April 30 each year during the franchise term.

Equal Treatment Clause

  • If competitors receive more favorable terms in similar franchises, those terms automatically apply to this franchise.

Nonexclusivity and Amendment

  • The franchise is nonexclusive and subject to amendment, repeal, or alteration by Congress in the public interest.

Separability Clause

  • If any provision is declared invalid, the rest of the Act remains effective.

Repealing Clause

  • Existing laws or regulations inconsistent with this Act are repealed or amended accordingly.

Effectivity

  • The law takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.

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