AN ACT CREATING THE CIVIL AVIATION AUTHORITY OF THE PHILIPPINES
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AN ACT CREATING THE CIVIL AVIATION AUTHORITY OF THE PHILIPPINES
Republic Act No. 9497
March 4, 2008
Case Overview and Summary
Summary of Republic Act No. 9497 (Civil Aviation Authority Act of 2008):Creation of the Civil Aviation Authority of the Philippines (CAAP):
- An independent regulatory body with quasi-judicial and quasi-legislative powers is created, known as the Civil Aviation Authority of the Philippines (CAAP). (Section 4)
- The CAAP is attached to the Department of Transportation and Communications for policy coordination. (Section 4)
- The existing Air Transportation Office is abolished. (Section 4)
Declaration of Policy and Definition of Terms:
- The policy is to provide safe and efficient air transport and regulatory services by creating the CAAP with jurisdiction over civil aviation restructuring, promotion, development, and regulation of technical, operational, safety, and aviation security functions. (Section 2)
- Definitions of various terms related to civil aviation are provided. (Section 3)
Organization of the CAAP:
- The CAAP is headed by a Director General appointed by the President. (Section 4)
- The corporate powers are vested in a Board of Directors composed of 7 ex-officio members from various government departments. (Section 5)
- Prohibited interests and limitations on subsequent employment for Board members are specified. (Sections 6 and 7)
- Provisions for Board meetings, per diems, personnel, principal office, capitalization, fiscal autonomy, exemptions from taxes and duties, schedule of fees and charges, compensation, transfer of properties, annual report, and other organizational matters are included. (Sections 8-20)
General Policies:
- The CAAP shall consider the development and utilization of air potential, encouragement of air transportation system, regulation for sound economic conditions, ensuring safety and affordability of air transport services, and development of a viable and competitive aviation industry as being in the public interest. (Section 21)
Powers of the CAAP:
- The CAAP, acting through the Board, has corporate powers such as entering into contracts, raising funds, acquiring and disposing of properties, receiving gifts and donations, investing funds, and performing necessary acts. (Section 23)
- The Board has powers related to policy guidance, ensuring proper functioning, setting objectives and strategies, determining organizational structure, exercising appellate powers, issuing rules and regulations, imposing and fixing charges and fees, approving budgets, granting exemptions, and formulating rules for compliance with international standards. (Section 24)
- The Board issues rules, regulations, orders, and sets charges and fees. (Sections 25 and 26)
- The Board has appellate powers over decisions of the Director General. (Section 28)
- The Board can administer oaths and adopt an annual budget. (Sections 29 and 30)
- The Director General can delegate functions to officers, employees, and private persons. (Section 31)
Powers and Functions of the Director General:
- The Director General is the chief executive and operating officer of the CAAP. (Section 35)
- The Director General has powers related to carrying out the Act's purposes, enforcing rules and regulations, designating civil airways, issuing certificates (airman's, airworthiness, air operator, etc.), inspecting and rating air navigation facilities and aerodromes, enforcing rules, collecting and disseminating information, acquiring and operating aircraft, planning and constructing aerodromes, collecting charges and fees, imposing fines, participating in international standardization, cooperating with research agencies, designating prohibited areas, issuing/denying/suspending/canceling certificates, granting authorizations, and entering into contracts. (Section 35)
- An Enforcement and Legal Service office is established to provide legal assistance and support to the Director General. (Section 36)
- The Director General has powers related to issuing orders, effectiveness of orders, emergencies, suspension and modification of orders, and ensuring public compliance. (Section 37)
- The Director General has the right of access for inspection of civil aircraft, aerodromes, and air operators. (Section 38)
- The Director General can prevent flights in certain situations. (Section 39)
- A Flight Standards Inspectorate Service is created to assist the Director General in certification and inspection. (Section 40)
- The Director General can validate actions of other civil aviation authorities. (Section 41)
- An Aircraft Accident Investigation and Inquiry Board is organized. (Section 42)
Nationality and Ownership of Aircraft:
- A system for national registration of aircraft and liens/mortgages is established. (Section 43)
- Eligibility criteria for aircraft registration are specified. (Section 44)
- Provisions for application, issuance, revocation, conveyance recording, and establishment of a recording system for aircraft are included. (Sections 45-53)
Aviation Safety Powers and Functions:
- The Director General has the power to promote safety by prescribing rules and regulations implementing international standards. (Section 55)
- Provisions for certification of airmen, issuance of airworthiness certificates, air operator certificates, certification of aviation schools and maintenance organizations, and air navigation facility safety standards are included. (Sections 57-69)
- The Director General has the authority to inspect equipment, address unsafe conditions, re-inspect or re-examine certificates, and amend, modify, suspend or revoke certificates. (Sections 70 and 71)
- Prohibitions related to operating without certificates, serving as airmen without authorization, employing unauthorized airmen, operating without air operator certificate, violating rules and regulations, and violating terms of certificates are specified. (Section 72)
Other Powers:
- The Director General can impose liens on aircraft and machinery for non-payment of charges, fees, and fines. (Section 73)
- The Director General can impose liens on personal and real properties of entities in default or failing to pay fines. (Section 74)
- The Director General has police authority within airport premises to carry out functions and maintain security. (Section 75)
- The Board has the power to regulate building heights and electronic installations near airports. (Section 76)
- The Director General monitors and enforces compliance with rules for transportation of dangerous goods by air. (Section 77)
- The Board is responsible for planning, developing, constructing, operating, and maintaining airports, considering various factors. (Section 78)
Penalties:
- The Director General can investigate violations and issue cease and desist orders. (Sections 79 and 80)
- The Director General can impose fines and penalties for various violations, with specified ranges and considerations. (Sections 81-84)
- Criminal penalties, including imprisonment and fines, are specified for various offenses related to aircraft operation, certificates, aviation facilities, air navigation, dangerous goods transportation, and other acts jeopardizing safety. (Section 81)
- A general penalty for violations not expressly provided is a fine ranging from PHP 20,000 to PHP 100,000. (Section 82)
Transitory Provisions:
- The Air Transportation Office is abolished, and its powers, assets, properties, funds, contracts, and records are transferred to the CAAP. (Section 85)
- Provisions for the transfer of personnel, retirement/separation benefits, and incentives are included. (Section 86)
- The organization of the CAAP, including the establishment of permanent offices, is outlined. (Section 87)
- A saving clause preserves rights and privileges vested under the previous law. (Section 88)
- The Office of the Government Corporate Counsel acts as the external legal counsel of the CAAP. (Section 89)
- The CAAP shall adopt implementing rules and regulations within 60 days. (Section 90)
- A Congressional Oversight Committee is constituted to monitor implementation, review collection performance, and review program implementation. (Section 91)
- A separability clause and repealing clause are included. (Sections 92 and 93)
- The Act takes effect 15 days after publication in newspapers. (Section 94)
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Law
AN ACT CREATING THE CIVIL AVIATION AUTHORITY OF THE PHILIPPINES
Republic Act No. 9497
•March 4, 2008
Republic of the Philippines
Congress of the Philippines
Metro Manila
Fourteenth CongressFirst Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand seven.
Republic Act No. 9497             March 04, 2008
AN ACT CREATING THE CIVIL AVIATION AUTHORITY OF THE PHILIPPINES, AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
CHAPTER I
GENERAL PROVISIONS
SECTION 1. Short Title. – This Act shall be known as the Civil Aviation Authority Act of 2008.
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to provide safe and efficient air transport and regulatory services in the philippines by providing for the creation of a civil aviation authority with jurisdiction over the restructuring of the civil aviation system, the promotion, development and regulation of the technical, operational, safety, and aviation security functions under the civil aviation authority.
SEC. 3. Definition of Terms. - For...
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