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.