Civil Aviation Authority of The Philippines: General Provisions References and Related Policies
Civil Aviation Authority of The Philippines: General Provisions References and Related Policies
Civil Aviation Authority of The Philippines: General Provisions References and Related Policies
RULE I
General Provisions
SECTION 1. References and Related Policies. —
a. Republic Act No. 9497, otherwise known as the Civil Aviation Authority Act of
2008, signed into law on March 4, 2008;
b. Republic Act No. 776, otherwise known as the Civil Aeronautics Act of the
Philippines, and its related amendments including Executive Order No. 217
n and Executive Order No. 1009 n , as well as Presidential Decree No. 589
and Presidential Decree No. 1462; Executive Order No. 125, as amended
by Executive Order No. 125-A;
c. Republic Act No. 6958 creating the Mactan Cebu International Authority,
otherwise known as The Charter of the Mactan-Cebu International Airport
Authority;
d. Executive Order No. 778, series of 1982, creating the Manila International
Airport Authority and its related amendments, including Executive Order
No. 903, series of 1983; Executive Order No. 909, series of 1983, Executive
Order No. 298, series of 1987, Executive Order No. 154, and Executive
Order No. 341;
e. Presidential Decree No. 286, authorizing the creation of the Philippine
Aerospace Development Corporation, and its related amendments,
Presidential Decree No. 236, subsequently revised under Presidential
Decree No. 346, Presidential Decree No. 696, Presidential Decree No. 841
and Presidential Decree No. 904;
f. Executive Order No. 7, series of 2001, authorizing the merger of Clark
Development Corporation and Clark International Airport Corporation, and
its related amendments including Executive Order No. 136, Executive
Order No. 192 and 193, Executive Order No. 174 and Executive Order No.
360; EHcaDT
g. Executive Order No. 253, series of 2003 and its amendments, including
Executive Order No. 500-A, amending Executive Order No. 500, and
providing for the expansion of air services to the Diosdado Macapagal
International Airport (DMIA) and the Subic Bay International Airport (SBIA);
h. Executive Order No. 277, approving and adopting the National Civil Aviation
Security Program and creating the O ce for Transportation Security and
reconstituting the National Civil Aviation Security as the National Civil
Aviation Security Committee, and its related amendments including
Executive Order No. 311;
i. Republic Act No. 6656, entitled: Protection of Tenure of Civil Service O cers
and Employees in the Implementation of Government Reorganization.
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SECTION 2. Purpose. — This Implementing Rules and Regulations, hereinafter
called the IRR is promulgated pursuant to Section 90 of Republic Act No. 9497,
otherwise known as the "Civil Aviation Authority Act of 2008."
SECTION 3. Declaration of Policy. —
a. The development and utilization of the air potential of the Philippines;
b. The encouragement and development of an air transportation system properly
adapted to the present and future of foreign and domestic commerce of
the Philippines;
c. The regulation of air transportation in such manner as to support sound
economic condition in such transportation and to improve the relations
between air carriers;
d. Ensuring the safety, quality, reliability, and affordability of air transport services
for the riding public; and
e. The encouragement and development of a viable and globally competitive
Philippine aviation industry.
SECTION 4. Scope and Application. — This IRR shall govern and apply to all
activities of the CAAP and its o ces and units as created under the Civil Aviation Act of
2008 and this IRR.
RULE II
Definition of Terms
For purposes of this IRR, the following terms, or words or phrases shall mean or
be understood as follows: IDCcEa
s. Air navigation facility — refers to any facility used in, available for use in, or
designed for use in aid of air navigation, including airports, landing areas,
lights, any apparatus or equipment for disseminating weather information,
for signaling, for radio directional nding, or for radio or other
electromagnetic communication, and any other structure or mechanism
having a similar purpose for guiding or controlling ight in the air or the
landing and take-off of aircraft.
t. Air navigation services — refers to and includes information, directions and
other facilities furnished, issued or provided in connection with the
navigation or movement of aircraft, and the control of movement of
vehicles in any part of an airport used for the movement of aircraft.
u. Air operator — refers to any organization which undertakes to engage in
domestic commercial air transport or international commercial air
transport, whether directly or indirectly, or by a lease or any other
arrangement.
v. Air Operator Certi cate (AOC) — refers to a certi cate authorizing an operator
to carry out specified commercial air transport operations.
w. Air route — refers to the navigable airspace between two points and the terrain
beneath such airspace identi ed, to the extent necessary, for application
of flight rules.
x. Air route and airway facilities — refers to facilities provided to permit safe
navigation of aircraft within the airspace of air routes and airways,
including:
i. Visual and non-visual aids along the air routes and airways;
ii. Visual and non-visual aids to approach and landing at airports;
iii. Communication services;
iv. Meteorological observations;
v. Air traffic control services and facilities; and
vi. Flight services and facilities.
y. Airport — refers to any area of land or water designed, equipped, set apart or
commonly used for affording facilities for the landing and departure of
aircraft and includes any area or space, whether on the ground, on the roof
of a building or elsewhere, which is designed, equipped or set apart for
affording facilities for the landing and departure of aircraft capable of
descending or climbing vertically. HSEcTC
z. Air tra c services — Service provided to ensure the safe conduct for all
phases of ight or air navigation. ATS may mean variously as air tra c
control service, aeronautical telecommunications and information service,
meteorological services for air navigation, search and rescue, aeronautical
information services and airspace planning management service.
aa. Air transport — refers to the transportation of persons, property, mail or
cargo by aircraft.
bb. Air transport service — refers to the act of transporting persons, property,
mail cargo, in whole or in part, by aircraft to points within or outside of the
Philippines.
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cc. Airworthiness — means that an aircraft, its engines, propellers, and other
components and accessories, are of proper design and construction, and
are safe for air navigation purposes, such design and construction being
consistent with accepted engineering practice and in accordance with
aerodynamic laws and aircraft science.
dd. Annexes to the Chicago Convention — refers to the documents issued by the
International Civil Aviation Organization (ICAO) containing the standards
and recommended practices applicable to civil aviation.
ee. Ap p liances — refers to instruments, equipment, apparatus, parts,
appurtenances, or accessories, of whatever description, which are used, or
are capable of being or intended to be used, in the navigation, operation, or
control of aircraft in ight (including parachutes and including
communication equipment and any other mechanism or mechanisms
installed in or attached to aircraft during ight), and which are not part or
parts of aircraft, aircraft engines, or propellers.
ff. Authority — refers to an independent regulatory body with quasi-judicial and
quasi-legislative powers and possessing corporate attributes known as
the Civil Aviation Authority of the Philippines (CAAP) created under
Republic Act No. 9497.
gg. Aviation certi cate — means any airworthiness certi cate, airman certi cate,
air operator certi cate, certi cate authorizing the operation of an aviation
school or approved maintenance organization or other document issued
by virtue of the provisions of the Act in respect of any person, aircraft,
airport or aviation-related service. IDSETA
hh. Board of Directors — means the board of the civil aviation authority created
under the Act.
ii. Chicago Convention — refers to the international basis for civil aviation
agreements.
jj. Citizen of the Philippines — refers to one of the following:
i. An individual who is a citizen of the Philippines;
ii. A partnership of which each member is a citizen of the Philippines; or
iii. A corporation or association created or organized and authorized under
the laws of the Philippines.
kk. Civil aircraft — refers to any aircraft other than a State or public aircraft.
ll. Civil aviation — refers to the operation of any civil aircraft for the purpose of
general aviation operations, aerial work or commercial air transport
operations.
mm. Crew member — refers to a person assigned to perform duties on an
aircraft in flight.
nn. Dangerous goods — refers to articles or substances that are capable of
posing signi cant risks to health or safety of property when transported
by air.
oo. Director General — refers to the Director General appointed under the Act.
pp. Domestic air commerce — means and includes air commerce within the
limits of the Philippine territory.
qq. Domestic air transport — means air transportation within the limits of the
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Philippine territory.
rr. Foreign air carrier or foreign air operator — means any operator, not being a
Philippine air operator, which undertakes, whether directly or indirectly or
by lease or any other arrangement, to engage in commercial air transport
operations within borders or airspace of the Philippines, whether on a
scheduled or chartered basis.
ss. Foreign air transport — refers to air transportation between the Philippines
and any place outside it or wholly outside the Philippines. IDCScA
RULE III
Organization of the Authority and Other Related Matters
SECTION 5. Corporate Powers of the Authority. —
a. The corporate powers of the Authority shall be vested in the CAAP Board of
Directors consisting of seven (7) members as follows:
(1) The Secretary of the Department of Transportation and
Communications — Chairman
(2) The Director General of Civil Aviation (DGCA) — Vice-Chairman
(3) The Secretary of the Department of Finance — Member
(4) The Secretary of the Department of Foreign Affairs — Member
(5) The Secretary of the Department of Justice — Member
(6) The Secretary of the Department of the Interior and Local Government
— Member
(7) The Secretary of the Department of Labor and Employment — Member
b. The Chairman and Members of the Board of Directors shall be ex-o cio
members; Provided, that, in the absence of the Members mentioned in (3)
to (7), the Member concerned shall designate the o cer next in rank to
him in his department or office to act in his behalf.
SECTION 6. The Authority. — The Authority shall consist of the Authority Proper,
Support staff, the six (6) Services enumerated in this Act and such other staffs/o ces
as may be created and included in the Organizational Structure.
SECTION 7. O ces of the Deputy Director General. — There shall be two (2)
positions for Deputy Director General to assist the Director General in handling the
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administrative, operational and other requirements of the Authority. AcaEDC
SECTION 8. O ces and Services. — The CAAP being in transition from a line
agency to an autonomous corporate entity and to provide exibility in the organization,
the major activities of the Authority shall initially be grouped into the following: the
Special Corporate Staff Group, Technical and Executive Staff Group, the Aviation
Operations Service Group, the Aviation Administration Service Group, Area Aerodrome
Group, Aircraft Accident Investigation and Inquiry Board and the Flight Standards and
Inspectorate Service.
The Special Corporate Staff Group shall comprise of the O ce of the Corporate
Treasurer to handle asset management, corporate accounting, and corporate
budgeting; and the O ce of Corporate Planning and Business Development which shall
evolve the overall corporate plan and the handling and exploration of corporate
activities with good business as well as revenue potentials.
The Technical and Executive Staff Group shall comprise of the Aerodrome & Air
Navigation Safety Oversight Group, Executive Staff O ce, Internal Audit Service, Airmen
Examination Board and International Civil Aviation Coordinating Staff.
The Aviation Administration Service Group shall comprise of the Civil Aviation
Training Center, CAAP Security and Intelligence, Human Resource Development Service,
Administrative Service, and Enforcement and Legal Service.
The Aviation Operations Service Group shall comprise of the Flight Inspection
and Calibration Group, O ce of the Flight Surgeon and Aviation Medicine, Aerodrome
Development and Management Service, Air Navigation Service, and Air Traffic Service.
The Aerodrome Area Group is composed of Aerodrome Area Centers including
Satellite Airports.
SECTION 9. Organizational Structure of the Authority. — The organizational
structure of the Authority depicting the above o ces/services is as shown in the
attached Organizational Chart (ANNEX A). The Board may agree from time to time for
the revision, abolition, or reorganization of the existing CAAP o ces in the exigency of
the service. The Sta ng Pattern and Manning, with the corresponding Job Description,
Quali cation Standards and Compensation and other Emoluments shall be established
in accordance with the Organizational Structure, CAAP Charter and this IRR and such
policies as may be prescribed by the Board. The new schedule of salaries of the
employees of the Authority shall be determined subject to the compliance with the
existing compensation laws. cEHITA
SECTION 10. Personnel of the Authority. — The Director General shall be the
appointing authority for all personnel of the Authority except for the two (2) Deputy
Directors General, key personnel in the technical positions, heads of the services,
offices and groups, which shall be subject to Board approval.
SECTION 11. Classi cation of Technical Employees of the Authority. — Pursuant
to Section 18 of R.A. No. 9497, National Budget Circular No. 506 of the Department of
Budget and Management (DBM), dated January 15, 2007 and other pertinent issuances,
technical positions shall refer, but not limited to the positions of Flight Operations
Inspector (Check Pilot), Air Tra c Controller, Airways Communicator, Air Navigation
Systems Specialist, Air eld Power Technician, Aerodrome Engineer, Aeronautical
Engineer, Airport Manager, Aircraft Mechanic and other related technical positions
performing the substantive and/or frontline services or functions of the agency as
mandated.
SECTION 12. Compensation and Other Emoluments of CAAP Personnel. — The
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Board, in the determination of the compensation and fringe benefits of employees, shall
consider the following factors:
(1) Degree of direct responsibility on aviation safety in the exercise of his
function;
(2) Degree of difficulty of the duties of the position, and;
(3) Competitiveness of compensation rates.
SECTION 13. Principal O ce of the Authority. — The Authority shall have its
principal o ce in Metro Manila and may hold hearings on any proceedings at such time
and places within the Philippines, as it may provide by order in writing.
SECTION 14. Capitalization of the Authority. — The Authority shall have an
authorized capital stock of fty billion pesos (Php50,000,000,000.00) which shall be
fully subscribed by the Republic of the Philippines. The subscription of the National
Government shall be paid as follows:
a. The unexpended balances of appropriations in the current General
Appropriations Act and other acts in force upon approval hereof,
pertaining to, held or used by, the ATO;
b. The value of existing assets of the ATO, which shall be determined by an
independent and quali ed appraiser or appraisers within six (6) months
from the effectivity of this Act, and after deducting the loans and other
liabilities of the ATO at the time of the takeover of the assets and
properties; and
c. Such amounts as may be appropriated from time to time from the funds of the
National Treasury, including any outlay from the infrastructure program of
the National Government.
SECTION 15. Fiscal Autonomy of the Authority. —
a. The Authority shall enjoy scal autonomy. All moneys earned by the Authority
from the collection/levy of any and all such fees, charges, dues,
assessments and nes it is empowered to collect/levy under this Act shall
be used solely to fund the operations of the Authority. cEATSI
b. All monetary revenues collected in 2008 shall accrue to the Authority and shall
be deposited to its Bank Account. Funds collected by the Authority shall
be retained effective March 23, 2008, date of effectivity of the CAAP
Charter.
SECTION 16. Exemption from Taxes, Customs and Tariff Duties. —
a. The importation of equipment, machineries, spare parts, accessories and other
materials including supplies and services used solely and exclusively in the
operations of the Authority not obtainable locally shall be exempt from all
direct and indirect taxes, wharfage fees and other charges and restrictions,
the existence of pertinent laws to the contrary notwithstanding.
b. All obligations entered into by the Authority and any income derived therefrom,
including those contracted with private international banking and nancial
institutions, shall be exempt from all taxes, both principal and interest. The
Authority is also exempt from the payment of capital gains tax,
documentary stamp tax, real property estate tax and all other local
government imposed taxes and fees.
SECTION 17. Schedule of Fees and Charges. — The Authority after a review of the
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existing schedule of fees and charges adopted by the former ATO, upon its own
initiative shall adopt and publish its schedule of fees and charges. The Authority shall
hold such public hearings or consultative meetings with stakeholders in the industry
before adopting its schedule of fees and charges. The Authority shall not revise its
schedule of fees and fines more often than once every three (3) years. HIETAc
(j) Promulgate rules and regulations as may be necessary in the interest of safety
in air commerce pertaining to the issuance of the airman's certi cate
including the licensing of operating and mechanical personnel, type
certi cate for aircraft, aircraft engines, propellers and appliances,
airworthiness certi cates, air carrier operating certi cates, air agency
certi cates, navigation facility and aerodrome certi cates; air tra c
routes; radio and aeronautical telecommunications and air navigation aids;
aircraft accident inquiries; aerodromes, both public and private-owned;
construction of obstructions to aerodromes; height of buildings; antennae
and other edi ces; registration of aircrafts; search and rescue; facilitation
of air transports; operations of aircrafts, both for domestic and
international, including scheduled and non-scheduled; meteorology in
relation to civil aviation; rules of the air; air tra c services; rules for
prevention of collision of aircrafts, identi cation of aircraft; rules for safe
altitudes of ight; and such other rules and regulations, standards,
governing other practices, methods and for procedures as the Director
General may nd necessary and appropriate to provide adequately for
safety regularity and efficiency in air commerce and air navigation;
(k) Impose and x reasonable charges and fees for the use of government
aerodromes or air navigation facilities; for services rendered by the
Authority in the rating of any aerodrome or air navigation facilities, civil
aviation schools and instructors, aircraft repair stations, and aircraft radio
and aeronautical telecommunications stations; IEAacS
(l) Fix the reasonable charges to be imposed in the use of privately-owned air
navigation facilities and aerodromes;
(m) Adopt a system for the registration of aircraft as hereinafter provided;
(n) Determine and x, landing fees, parking space fees, royalties on sales or
deliveries, direct or indirect, to any aircraft for its use of aviation gasoline,
oil and lubricants, spare parts, accessories and supplies, tools, other
royalties, fees or rentals for the use of any of the property under its
management and control;
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(o) Approve the annual and supplementary budget plan and utilization of retained
revenue;
(p) Exercise the corporate powers granted to the Authority;
(q) Upon its own initiative or the recommendation of the Director General or an
application of a private person, grant exemption from the requirements of
observing rules or regulations issued in accordance with this Act:
Provided, That said grant of exemption is not prejudicial to flight safety;
(r) Formulate rules and regulations concerning compliance of the carrier and the
public for the safe transport of goods and materials by air pursuant to
international standards or Annexes to the Chicago Convention; and DCSETa
SECTION 23. Appellate Powers of the Board. — The Board, on an appeal properly
taken by an interested party from a decision, judgment or order of the Director General,
shall have the power to:
a. Review, con rm, modify, revise, amend or reverse, as the case may be
decisions, judgments and or orders of the Director General;
b. Con rm, remit, mitigate, increase or compromise, as the case may be, nes
imposed by the Director General pursuant with the provisions of this Act;
and
c. Review, con rm, modify, revise, amend or reverse, as the case may be,
impositions by the Director General of liens on personal and real
properties of entities, persons, corporations or partnerships in default, or
those who have failed to perform their obligations pursuant to rules and
regulations promulgated under this Act, or those who shall have failed to
pay the fines or other pecuniary penalties for violation thereof.
d. In no case shall the Director General participate in the hearing and adjudication
of an appealed case before the Board where the subject of appeal is a
judgment or decision rendered by his o ce. In such case, it requires four
(4) concurring votes of the members of the Board who actively
participated in the deliberation of the appealed case before the judgment
or decision of the Director General can be modified or reversed.
e. The Board shall exercise its appellate powers with speedy disposition. For the
purpose, the Board shall resolve cases before it within one (1) month from
receipt of notice of appeal or from knowledge of the questionable or
contested decisions, judgments and/or orders issued and unjust nes
imposed by the Director General.
SECTION 24. Power to Administer Oaths. — The members of the Board, the
Director General and such other duly designated o cers of the Authority shall have the
authority to administer oaths in the transaction and performance of their official duties.
SECTION 25. Annual Budget. — The Board shall, upon recommendation of the
Director General, adopt an annual budget to fund the operations of the Authority.
SECTION 26. Limitation of Board Powers. — The Board shall not exercise any
power or function not otherwise expressly granted to it under the Act or this IRR, neither
shall the Board exercise, in the rst instance, any power or function, that properly falls
within the authority, jurisdiction, powers or functions of the Director General.
SECTION 27. The Director General of Civil Aviation. —
(1) The Authority shall be headed by a Director General of Civil Aviation, referred
to in this IRR as the "Director General", who shall be appointed by the President of the
Philippines based upon the quali cations herein provided and who shall be responsible
for all civil aviation in the Philippines and its administration.
a) Quali cations of the Director General — The Director General to be appointed
must possess all of the following qualifications:
(i) He must be a Filipino citizen,
p) To exercise and perform its powers and duties under the Act and
this IRR consistent with any obligation assumed by the
Republic of the Philippines in any treaty, convention or
agreement on civil aviation matters;
q) To cooperate, assist and coordinate with any research and
technical agency of the government on matters relating to
research and technical studies on design, materials,
workmanship, construction, performance, maintenance and
operation of aircraft, aircraft engines, propellers, appliances,
and air navigation facilities including aircraft fuel and oil:
Provided, That nothing in this Act shall be construed to
authorize the duplication of the laboratory research, activities
or technical studies of any existing governmental agency;
r) To designate such prohibited and danger areas, in consonance
with the requirements of the international aeronautical
agencies and national security;
s) To issue, deny, suspend, cancel or revoke any certificate, license
pertaining to aircraft, airmen and air agencies: Provided, That
any order denying, suspending, canceling, revoking the
certificate or license may be appealed to the Board, whose
decisions shall be final within fifteen (15) days from the date
of notification of such denial, cancellation or revocation;
t) To grant authorization to civil aircraft or persons to carry
instruments or photographic devices to be used for aerial
photography or taking of pictures by photograph or sketching
of any part of the Philippines; and
u) Pursuant to a board resolution, to enter into, make and execute
contracts of any kind with any person, firm, or public or
private corporation.
v) To perform such other duties and responsibilities to carry out
provisions of the Act and this IRR and as the President may
direct. cTADCH
f. Public Compliance — It shall be the duty of every person (along with any agents
and employees thereof in the case of entities other than individuals),
subject to the Act and this IRR, to observe and comply with any order, rule,
regulation, or certi cate issued by the Director General under the Act and
this IRR, affecting such person so long as the same shall remain in effect.
g. Authority to Prevent Flight. — The Director General is authorized to direct the
operator or airman of a civil aircraft that the aircraft is not to be operated
in situations where:
(1) The aircraft may not be airworthy; or
(2) The airman may not be quali ed or physically or mentally capable for
the flight; or
(3) The operation would cause imminent danger to persons or property on
the ground;
(4) The Director General may take such steps as are necessary to detain
such aircraft or airmen.
SECTION 29. Form of Applications. — In prescribing standards, rules and
regulations, and in issuing certi cates under the Act, the Director General shall take into
consideration the obligations of certi cate applicants to perform their
services/functions with the highest possible degree of safety pursuant to public
interest. Applications for certi cates issued by virtue of this Rule shall be in such form,
contain such information, and be led and served in such manner as the Authority may
prescribe and shall be under oath or affirmation whenever the Authority so requires. TaDSHC
(2) Serve in any capacity as an airman in connection with any civil aircraft,
aircraft engine, propeller or appliance used or intended for use in
civil aviation without an airman certi cate authorizing that person to
serve in such capacity, or in violation of any term, condition or
limitation of his certi cate, or in violation of any order, rule or
regulation issued under the Act and this IRR;
(3) Employ for service in connection with any civil aircraft used in civil
aviation an airman who does not have an airman certi cate
authorizing that person to serve in the capacity for which the person
is employed;
(4) Operate as an air operator without an air operator certi cate, or in
violation of the terms of any such certificate;
(5) Operate aircraft in civil aviation in violation of any rule, regulation, or
certi cate issued by the Director General under the Act and this IRR;
and
(6) While holding a certi cate issued to a school or approved maintenance
organization as provided in the Act and this IRR, to violate any term,
condition or limitation thereof, to violate any order, rule or regulation
made under the Act and this IRR relating to the holder of such
certificate.
b. Considering that the aircraft operation is impressed with public interest, the
Director General may prescribe exemptions of the foregoing provisions for
foreign aircraft and airmen.
RULE V
Other Powers of the Director General
SECTION 35. Statutory Lien. — The Director General, after complying with the
required legal formalities provided by law, shall have the power to impose lien on
aircraft and machinery:
a. If the charges and other fees are not paid in full on due date or any part of the
charges or the late payment penalty thereto remains unpaid; and
b. Failure to pay administrative nes arising from violation of any rules and
regulations promulgated by the Authority.
SECTION 36. Lien on Personal and Real Properties. —
a. The Director General shall have the power to impose lien on personal and real
properties, and other assets of persons, corporations, partnerships, and
such other entities that shall be in default, or fail to perform their
obligations, or fail to pay the nes and other penalties imposed for
violations of the law, rules and regulations of the Authority. aDTSHc
b. Properties and assets levied upon pursuant to Section 60 and this Section
shall be immediately annotated on the certi cate issued by the Authority.
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The owner of said certi cate may within fteen (15) days from receipt of
notice of annotation le a Motion for Reconsideration, which shall be
decided by the Authority within fteen (15) days from receipt of the
motion and in case of denial shall, within fteen (15) days from receipt of
denial of the motion, le his appeal to the Board, which the Board shall
resolve within one (1) month from receipt of the notice of appeal. In case
of denial, the properties and assets levied upon may be sold and the
proceeds thereof shall be applied to the satisfaction of the obligation.
SECTION 37. Regulation of Building Heights. — The Board shall have the power to
regulate the height of buildings, towers, antennae, and other edi ces, situated within the
vicinity of or in close proximity to airports estimated to endanger the ight of aircrafts.
It shall also have the power to prohibit or regulate the establishment and operations of
electrical, electronics, sound, magnetic, laser, or other electronic gadgets, equipment or
installations which will tend to interfere with or impair air navigation in accordance with
the international standards and recommended practices on airports, as recommended
by the ICAO. For this purpose, every applicant for building permit under the National
Building Code shall rst secure a Height Clearance Permit from the O ce of the
Director General, when applicable.
SECTION 38. Authority Respecting the Transportation of Dangerous Goods by
Air. — The Director General shall monitor and enforce compliance of the rules and
regulations concerning the carriage of goods by air in relation to Annex 18 of the
Chicago Convention and the ICAO Technical Instructions for the Safe Transport of
Dangerous Goods by Air.
SECTION 39. Delegation of Functions. —
a. Delegation to O cers, Employees and Administrative Units of the Authority.
The Director General may, subject to such regulations, supervision and
review as may be prescribed by the Board, authorize the performance by
any o cer, employee, or administrative unit under the Director General's
jurisdiction of any function under the Act and this IRR. HCITcA
(5) No person shall interfere, obstruct, hinder, or delay the Director General or any
person duly delegated by the Director General, in the performance of his
duties pursuant to public interest. A ne ranging from Twenty thousand
pesos (Php20,000.00) but not exceeding One hundred thousand pesos
(Php100,000.00), as determined by the Director General in the exercise of
his reasonable discretion, shall be imposed upon anyone who:
i) With intent to interfere in the performance of the duties of the Director
General or any person duly delegated by the Director General, shall
knowingly or willfully alter, falsify, mutilate any report, accounts,
records, books, papers, contracts, agreement and all other
documents; or
ii) Shall knowingly and willfully fail or refuse: (a) to make and/or submit
aircraft maintenance or ight logbooks, contracts, manuals,
technical reports and all other documents required to be submitted
by him for consideration before the Director General or his duly
authorized representative; or (b) to keep or preserve records,
reports, papers and all other documents required by the Director
General or his duly authorized representative; or
iii) Is guilty of misconduct in the presence of the Director General or his
duly authorized representative, or to any member of the Board in the
performance of their quasi-judicial and quasi-legislative functions or
so near as to obstruct or interrupt the hearing or session or any
proceedings before the Director General or any of his duly
authorized representative; or shall orally or in writing disrespectfully
offend or insult any of the above-named bodies or persons on the
occasion of or in the performance of their o cial duties or during
any hearing, session, or investigation held by the Director General or
his duly authorized representative; or
iv) Refuses to be sworn in as a witness or to answer as such when lawfully
required to do so: Provided, That the Director General or his duly
authorized representative shall, if necessary, be entitled to the
assistance of law enforcement o cials for the execution of any
order to compel a witness to be present or to testify; or ICcDaA
(4) Any person found guilty of violating the conditions attendant to the issuance
of the airworthiness certi cate of the aircraft shall be subjected to
imprisonment ranging from three (3) years to seven (7) years or a ne of
not less than One hundred thousand pesos (Php100,000.00) but not
exceeding Five hundred thousand pesos (Php500,000.00), or both, as
determined by the court;
(5) Any person who destroys or seriously damages the facilities of an airport or
disrupts the services of an airport shall be subjected to imprisonment
ranging from one (1) year to three (3) years or a ne of not less than Fifty
thousand pesos (Php50,000.00) but not exceeding Five hundred thousand
pesos (Php500,000.00), or both, as determined by the court; and
(6) No person shall interfere with air navigation. An imprisonment for not more
than three (3) years or a ne of not less than Fifty thousand pesos
(Php50,000.00) but not exceeding Five hundred thousand pesos
(Php500,000.00), or both, as determined by the court, shall be imposed
upon any person who:
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i) With intent to interfere with air navigation within the Philippines, exhibits
within the Philippines any light or signal at such place or in such
manner that it is likely to be mistaken for a true light or signal
established pursuant to this Act or for a true light or signal in
connection with an airport or other air navigation facility; or
ii) After due warning by the Director General, or his duly authorized
representative, continues to maintain any misleading light or signal;
or
iii) Knowingly removes, extinguishes, or interferes with the operation of any
true light or signal;
(7) Any person who destroys or damages air navigation facilities or interferes
with their operation shall be subjected to imprisonment from one (1) year
to three (3) years or a ne of not less than Fifty thousand pesos
(Php50,000.00) but not exceeding Five hundred thousand pesos
(Php500,000.00), or both, as determined by the court. If such act
endangers the safety of air navigation, the court may impose an increased
penalty of imprisonment from three (3) years to six (6) years or a ne
ranging from Five hundred thousand pesos (Php500,000.00) to One
million pesos (Php1,000,000.00) (Convention for Suppression of Unlawful
Acts Against the Safety of Civil Aviation, signed at Montreal, 23 September
1971, Art. 1 (d)]; DIETcH
(8) Any person who, whether on board or on the ground, communicates false
information to an aircraft and thereby endangering the safety of an aircraft
in ight shall be subjected to imprisonment from one (1) year to three (3)
years or a ne of not less than Fifty thousand pesos (Php50,000.00) but
not exceeding Five hundred thousand pesos (Php500,000.00), or both, as
determined by the court. [Convention for Suppression of Unlawful Acts
Against the Safety of Civil Aviation, signed at Montreal, 23 September
1971, Art. 1 (e)]; DIETHS
(9) Any person who, while onboard an aircraft, interferes with a crewmember's or
ight attendant's performance of their duties, assaults, intimidates, or
threatens any crewmember or ight attendant, shall be subjected to
imprisonment from one (1) year to three (3) years or a ne of not less than
Fifty thousand pesos (Php50,000.00) but not exceeding Five hundred
thousand pesos (Php500,000.00), or both as determined by the court;
(10) Any person who, while on board or while attempting to board, any aircraft in
or intended for operation in commercial air transport, has, on or about his
person or his property, a concealed deadly or dangerous weapon which is,
or would be accessible to such person in ight, or any person who has on
or about his person, or who has placed, or attempted to place aboard such
aircraft any bomb or similar explosive or incendiary device, shall be
subjected to imprisonment from three (3) years to six (6) years or a ne of
not less than One hundred thousand pesos (Php100,000.00) but not
exceeding Five hundred thousand pesos (Php500,000.00), or both, as
determined by the court.
This subsection shall not apply to persons duly authorized by the Director
General to carry deadly or dangerous weapons in commercial air transport
nor shall it apply to other persons transporting weapons contained in
baggage that is not accessible to passengers in ight if the presence of
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such weapons has been declared to the air carrier and duly approved by
the proper authority;
(11) Any person who imparts or conveys or causes to be imparted or conveyed
false information, knowing the information to be false, concerning an
attempt or alleged attempt being made or to be made to do an act which
would be a crime prohibited by clauses (8), (9) and (10) of this section,
shall be subjected to imprisonment from one (1) year to three (3) years or
a ne of not less than Fifty thousand pesos (Php50,000.00) but not
exceeding Five hundred thousand pesos (Php500,000.00), or both, as
determined by the court. [Convention for Suppression of Unlawful Acts
Against the Safety of Civil Aviation, signed at Montreal, 23 September
1971, Art. 1 (e)];
(12) Any person who, while on board an aircraft, commits any other act not
otherwise expressly covered under clauses (8), (9), (10) and (11) above
which jeopardizes the safety of the aircraft or of persons or property
therein, or which jeopardizes good order and discipline on board such
aircraft shall be subjected to imprisonment from six (6) months to three
(3) years or a ne of not less than Fifty thousand pesos (Php50,000.00)
but not exceeding Five hundred thousand pesos (Php500,000.00), or both,
as determined by the court. [Convention on Offenses and Certain Other
Acts Committed on Board Aircraft, signed at Tokyo, 14 September 1963,
Art. 1 (b)]; TacSAE
(13) Any person who knowingly and without authority removes, conceals or
withholds any part of an aircraft involved in an aircraft accident or any
property on board such aircraft at the time of the aircraft accident shall be
subjected to imprisonment from three (3) years to six (6) years or a ne of
not less than One hundred thousand pesos (Php100,000.00) but not
exceeding Five hundred thousand pesos (Php500,000.00), or both, as
determined by the court; and
(14) Any person who willfully delivers or causes to be delivered to an air carrier
for air transport, or if that person recklessly causes the transportation in
air transport, if any shipment, cargo, baggage or other property in violation
of the provisions of Annex 18 of the Chicago Convention and the ICAO
Technical Instruction for the Safe Transport of Dangerous Goods by Air, or
the corresponding rules and regulations issued by the Authority shall be
subjected to imprisonment from one (1) year to three (3) years or a ne of
not less than One hundred thousand pesos (Php100,000.00) but not
exceeding Five hundred thousand pesos (Php500,000.00), or both, as
determined by the court.
The provisions of paragraph b, subparagraph 10), 11) and 12) above shall apply
to any aircraft located within the special jurisdiction of the Philippines.
Exercise by the Director General of the powers granted to him under
paragraph (a) above shall not be a bar to a subsequent criminal
prosecution in court for the same act pursuant to the provision of
paragraph (b).
SECTION 56. General Penalty. — Any violation of the provisions of this Act, or any
order, rule or regulation issued thereunder, or any term, condition or limitation of any
certi cate or license issued under this Act for which no penalty is expressly provided
shall be punished by a ne ranging from Twenty thousand pesos (Php20,000.00) to
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One hundred thousand pesos (Php100,000.00) for each violation.
SECTION 57. Penalty Considerations. — In determining the amount of any such
penalty, the Director General shall take into account the nature, circumstances, extent
and gravity of the violation and, with respect to the person found to have committed the
violation, the degree of culpability, history of prior offenses, ability to pay, effect on
ability to continue to do business, and such other matters as justice may require.
SECTION 58. In ation Adjustment to Civil Penalties. — The Director General shall
adjust the monetary level of the penalties, as may be authorized by the Board to
impose, at least once every four (4) years: Provided, That the Board shall promulgate
such revised penalties in accordance with the Administrative Code of the Philippines
and economic/monetary index provided by the Monetary Board, including any revision
or successor thereto.
RULE IX
Transitory Provisions
SECTION 59. Abolition of the Air Transportation Office. —
a. The Air Transportation O ce (ATO) created under Republic Act No. 776, a
sectoral o ce of the Department of Transportation and Communications
(DOTC), is hereby abolished, effective 23 March 2008.
b. Quali ed Air Transportation O ce (ATO) personnel shall be given preference
in the lling-up of CAAP plantilla positions subject to existing civil service
rules and regulations.
c. All powers, duties and rights vested by law and exercised by the ATO is hereby
transferred to the Authority.
d. All assets, real and personal properties, funds and revenues owned by or
vested in the different o ces of the ATO are transferred to the Authority.
All contracts, records and documents relating to the operations of the
abolished agency and its o ces and branches are likewise transferred to
the Authority. Any real property owned by the national government or
government-owned corporation or authority which is being used and
utilized as o ce or facility by the ATO shall be transferred and titled in
favor of the Authority.
cDCaHA
(3) Those with less than three (3) years of government service may opt to avail of
the separation gratuity under Republic Act No. 6656, plus the appropriate
incentive provided under paragraph (b) of this section.
(4) No affected employee who opted for retirement/separation shall receive less
than an aggregate of Fifty thousand pesos (Php50,000.00) as his
retirement/separation gratuity from both the national government and the
GSIS.
a. The Authority through its Recruitment, Selection and Promotion Board
shall determine the number and appropriate posting of personnel.
b. Notwithstanding the provision of item (b) above, where the Authority
have not attained the status of su ciency in human resources
requirement, any personnel who, in the exigency of the service was
detailed and who will be detailed to other organizational units in the
Authority, shall not loss his rights in the promotional ladder of his
occupational group, Provided, however, that he meets the
requirements for the said position.
c. Notwithstanding the provision in Section 33 of the Act limiting the
selection and appointment of the Heads of the various Services to
the rank and le employees of the concerned Services, the selection
and appointment of the said Heads of various services may be
sourced from the O ces/units of CAAP and from those outside of
the CAAP if he possesses the quali cations standard set for the
position in the absence of quali ed personnel of the Services
affected.
d. Employees who opt to retire or be separated from the service —
O cials and employees, including those hired on a contractual
basis, if quali ed, who intend to avail of the incentives provided for
in Section 86 of the Act, shall le their application for retirement or
separation not later than six (6) months from the effectivity of this
IRR.
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SECTION 61. Re-employment. — Any o cer/employee who availed the bene ts
of the foregoing provisions shall not qualify for re-employment to the Authority within
seven (7) years from the date of retirement/resignation.
SECTION 62. Saving Clause. — Unless otherwise provided in the Act or this IRR,
rights or privileges vested or acquired under the provisions of Republic Act No. 776, as
amended, its rules and regulations prior to the effectivity of the Act shall remain in full
force and effect. ECcTaS
RULE X
Final Provisions
SECTION 63. Legal Counsel. — The O ce of the Government Corporate Counsel
shall act as the external legal counsel of the Authority before any court of law or any
quasi-judicial bodies of the government without prejudice of any deputation or
designation that it may issue in favor of the in-house counsel of the Authority.
SECTION 64. Separability Clause. — If any part or provision of this Act shall be
declared unconstitutional, the other parts or provisions hereof which are not affected
thereby, shall continue in full force and effect.
SECTION 65. Repealing Clause. —
a. All rules and regulations or parts thereof inconsistent with the provisions of
this IRR are hereby repealed or modi ed accordingly, including provisions
of any rules and regulations or part thereof which provides exemptions to
any air carrier, organization or entity from payment of any Civil Aviation
Authority of the Philippines imposed fees and charges, relating to, but not
limited to, navigation, communication, concession, license and permit.
b. Notwithstanding the foregoing, nothing in the Act or this IRR shall:
(1) Diminish the powers and functions of the Civil Aeronautics Board (CAB)
as provided for under Republic Act No. 776, also known as the "The
Civil Aeronautics Act of the Philippines", as amended;
(2) Diminish the powers and functions of the Manila International Airport
Authority created by virtue of Executive Order No. 903, series of
1983; Subic Bay Metropolitan Authority as regards the Subic Bay
International Airport created by virtue of Republic Act No. 7227;
Clark International Airport Corporation as regards the Diosdado
Macapagal International Airport Authority, created by virtue of
Executive Order No. 193, series of 2003; and the Mactan-Cebu
International Airport Authority created by virtue of Republic Act No.
6958. IaAHCE
SECTION 66. Effectivity Clause. — This Implementing Rules and Regulations shall
be effective fteen (15) days after the completion of two (2) successive publications in
a newspaper of general circulation and from the date of ling of this IRR with the
University of the Philippines Law Center.
Certified Original:
ATTACHMENT
CAAP Organizational Structure