Avuation Law

Aviation law

covers almost all legal issues affecting aircraft and airport operations, including aircraft navigation and maintenance, air traffic control safety, and pilot licensing requirements

Aviation law

Branch of law that concerns flight, air travel, and associated legal and business concerns.

It is considered a matter of international law due to the nature of air travel.

Business aspects of airlines and their regulation also fall under it.

International Civil Aviation Organization (ICAO)

In the international realm, the _____ provides general rules and mediates international concerns to an extent regarding aviation law

2008

Caap is created in what year

RA 9497

CAAP Law

CAAP

acts as the public registry for aircraft and generally regulates the technical, operational, safety and security aspects of aviation

Civil Aeronautics Board (CAB)

regulates the economic aspect of air transport, and has the general supervision, control and jurisdiction over air carriers, general sales agents, cargo sales agents and air-freight forwarders

Act No. 3909

Secretary of the Department of Commerce and Communications has the duty, among others, to foster air commerce, encourage the establishment of airports, civil airways and other navigation facilities and investigate causes of air mishaps

Act No. 3996

Dec 5, 1932

Amended Act No. 3909 as to matters concerning the licensing of airmen and aircraft, inspection of aircraft, air traffic rules, schedules and rates and enforcement of aviation laws

Act No. 4033

December 9, 1932

Provided, among others, that no aviation public service, including those of foreign aircrafts, shall operate in the Philippines without having first secured from the Philippine Legislature a franchise to operate in air service

Commonwealth Act No 168

November 12, 1936

Civil Aviation Law of the Philippines, created the Bureau of Aeronautics and organized the same under the Department of Public Works and Communications.

After the liberation of the Philippines in March 1945, the Bureau was reorganized and placed under the Department of National Defense.

Among its functions was to promulgate civil aviation regulations.

Executive No. 94

October 1947

Transferred the Bureau of Aeronautics to the newly created Department of Commerce and Industry and renamed the same as the Civil Aeronautics Administration (CAA)

RA No 224

June 5, 1948

Created the National Airports Corporation

National Airports Corporation

agency of the Republic of the Philippines for the development, administration, operation and management of government-owned landing fields in the country except for those controlled and/or operated by the Armed Forces

EO No. 365

November 10, 1950

National Airports Corporation was abolished and was replaced by the CAA

RA No. 776

June 20, 1952

Civil Aeronautics Act of the Philippines

Civil Aeronautics Act of the Philippines

RA No. 776

reorganized the Civil Aeronautics Board and the CAA, defining their respective powers and duties, making adjustments as to the funds and personnel and regulating civil aeronautics.

CAA

In RA 776, the ____ was charged with the duty of planning, designing, constructing, equipping, expanding, improving, repairing or altering aerodromes or such other structures, improvements or air navigation facilities

EO No 209

October 19, 1956

transferred in to the CAA to the Department of Public Works, Transportation and Communications from the Department of Commerce and Industry

Letter of Instruction No 244, series of 1975

January 20, 1975

directed that all funds for the preliminary engineering, construction and maintenance of all national airports appropriated for the fiscal year 1974-75 be transferred and/or released to the Department of Public Highways

EO No 546

July 23, 1979

Renamed the CAA as the Bureau of Air Transportation (BAT) and placing the same under the Ministry of Transportation and Communications

EO No. 125

January 30, 1987

BAT was reorganized

EO No. 125-A

April 13, 1987

renamed BAT to ATO (Air Transportation Office)

which would be headed by the Assistant Secretary of the Office of Air Transportation

RA 9497

March 4, 2008

ATO was replaced by CAAP

to be headed by the Director General of Civil Aviation

restructuring of the civil aviation system

the promotion

development and regulation of the technical, operational, safety and aviation security functions

Under RA 9497, section 2, it is 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 ____ (3) under the civil aviation authority.

quasi-judicial

quasi-legislative

In RA 9497, Section 4, “Creation of Authority”:

There is hereby created an independent regulatory body with _____ and ____ powers and possessing corporate attributes to known as the CAAP.

four

four

the Director General shall have a tenure of office for a period of ___ years, which may be extended for another non-extendible term of ____ years

quasi-judicial

referring to the actions of an agency, board, or other government entity in which there are hearings, orders, judgments or other activities similar to those conducted by courts

quasi-legislative

in which a public administrative agency or body acts when it makes rules and regulations. When an administrative agency exercises its rule-making authority, it is said to act in quasi-legislative manner

Secretary of the Department of Transportation and Communications shall act as Chairman Ex Officio

Director General of Civil Aviation (DGCA) - vice chairman of the Boarf

Secretary of Finance

Secretary of Foreign Affairs

Secretary of Justice

Secretary of the Interior and Local Government

Secretry of the Department of Labor and Employment

Board Members (7)

determination of compensation and fringe benefits

corporate powers

issuance of rules and regulations

settings of charges and fees

issuance of rules of procedure and practice

appellate powers

power to administer oaths

adoption of annual budget

organizational structure of the Authority

Powers and functions of the Board as provided by Sections 18, 23-33. (9)

Congressional Oversight Committee

The utilization of any funds coming from the collection and/or levy of the authority shall be sibject to the examination of the ____

3 years

The authority shall not revise its schedule of fees and fines more often that once every ___ years

To carry out the purposes and policies established in this Act;

To enforce the provisions of the rules and regulations issued in pursuance to said Act; and

He shall primarily be vested with authority to take charge of the technical and operational phase of civil aviation matters

Powers and Functions of the DG

to issue airmen certificates to indiviuals

to issue airworthiness certificates for Filipino-registered aircrafts

to issue air operator certificates to air carriers

The CAAP, through its DG, prescribes rules, regulations, or minimum standards governing practices, methods and procedures that are necessary to provide adequately safe civil aviation. The DG has the power, among others: (3)

15 days (motion of reconsideration)

15 days (decision of Authority)

15 days (appeal)

1 month (resolution of appeal)

Lien on Personal and Real Properties -

Properties and assets levied upon pursuant to Section 60 and this section [36] shall be immediately annotated on the certificate issued by the Authority.

The owner of said certificate may within ___ days from receipt of notice of annotation file a Motion of Reconsideration, which shall be decided by the Authority within ___ days from receipt and in case of denial shall, within ____ days from receipt of denial of the motion, file his appeal to the Board.

The board shall resolve within ___ 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.

Height Clearance Permit

Section 76, Regulation of Building Heights..

Every applicant for building permit under the National Building Code shall first secure a ____ from the Office of the Director General, when applicable

Annex 18

Annex ___ of the Chicago Convention deals with the Safe Transport of Dangerous Goods by Air

Board

In Section 78, Development of New Airports - The ___ shall be responsible for the planning, development, construction, operation, maintenance, or the expansion of airports.

Manual of Standards for Aerodromes

Civil Aviation Regulations governing Aerodromes

Aerodrome or airport operations are regulated by the CAAP through the _____ and ____.

Section 81

Section 82

Section ____ provides for specific fines and penalties corresponding to violation/s of RA 9497; while Section ___ provides for a general penalty as to any violation of the provisions of this RA 9497 for which no penalty is expressly provided.

85

Section ____ “Abolition of the Air Transportation Office”

Air traffic service

Air navigation service

Aerodrome development and management service

Administrative and finance service

Permanent offices (4)

36

Section ___ “The Office of Enforcement and Legal Service”

40

Section ____ “Creation of Flight Standards Inspectorate Service”

Flight Standards Inspectorate Service

Assist the DG in carrying out the responsibilities of his office for certification and ongoing inspections of aircraft, airmen and air operators

Civil Aviation Regulations (CAR)

The ___ provide the regulatory requirements dealing with aviation safety related to aircraft operations, airworthiness and personnel licensing; and are presented in parts

RA 776

Civil Aeronautics Act of the Philippines

RA 776 - Civil Aeronautics Act of the Philippines

An Act to reorganize the Civil Aeronautics Board and the Civil Aeronautics Administration, to provide for the regulations of Civil Aeronautics in the Philippines and authorizing the appropriation of funds, therefore

RA 776

Civil Aeronautics Act of the Philippines

The general purpose of this Act is the reorganization of the Civil Aeronautics Board and the Civil Aeronautics Administration, defining their powers and duties and making certain adjustment of funds and personnel in connection therewith; and the regulation of civil aeronautics

military aircraft and airmen

The provisions of RA 776 and the rules and regulations issued pursuant thereto shall not apply except with respect to traffic rules, to _____ of the Philippines and of foreign countries and to foreign civil and public aircraft and airmen Chapter III and IV hereof.

Presidential Decree No 1462

Amended certain sections of RA 776

Provided the Civil Aeronautics Board more authority and flexibility to be able to meet the current and future demands on civil aviation development by Philippine trade, commerce and tourism.

Minister of Tourism - Chairman

Director of the Civil Aeronautics Administration - Vice Chairman

Commanding General of the Philippine Air Force

2 members to be appointed by the President of the Philippines

Composition of the Board of the Civil Aeronautics Board

500 pesos

2000 pesos

All members of the Civil Aeronautics Board shall be entitled to a per diem of ____ pesos per member, which shall in no case exceed ____ pesos per month

regulate the economic aspect

general supervision and regulation

Except as otherwise provided herein, the Board shall have the power to regulate the economic aspect of air transportation, and shall have the ____ of, the jurisdiction and control over air carriers, general sales agents, cargo sales agents, and air freight forwarders as well as their property, property rights, equipment, facilities and franchise, insofar as may be necessary for the purpose of carrying out the provision of this act.

grounding of airmen and aircrafts; or

revocation of any certificate or the denial by the administrator of issuance of any certificate; or

imposition of civil penalty or fine in connection with the violation of any provision of this Act or rules and regulations issued thereunder

The Board may review, revise, reverse, modify, or affirm on appeal any administrative decision or order of the administrator on matters pertaining to: (3)

CPCN

FACP

Letter of Authority

Permits issued by the CAB (3)

Certificate of Public Convenience and Necessity (CPCN)

a permit issued by the CAB authorizing a domestic person or entity to engage in international and/or domestic, scheduled and/or non-scheduled air transportation services

Foreign Air Carrier's Permit (FACP)

a permit issued by the CAB, and approved by the President of the Philippines, authorizing a foreign air carrier to engage in foreign air transportation services

Letter of Authority

an approval issued by the CAB authorizing a person or entity to engage in airfreight forwarder, general sales agent, cargo sales ageent and off-line carrier. It is signed by the Executive Director subject to the ratification of the Board on its scheduled meeting