Republic Act No. 9497 (Summary)

Aerial work.

It refers to an aircraft operation in which an aircraft is used for specialized services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue, aerial advertisement, etc.

Aerodrome.

It refers to an airport, a defined area on land or water (including any building, installation and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft.

Aeronautics or aviation.

It refers to the science and art of flight.

Aeronautical telecommunication.

It refers to and includes any telegraph or telephone communication signs, signals, writings, images and sounds of any nature, by wire, radio or other systems or processes of signaling, used in the aeronautical service.

Aeronautical telecommunication station.

It refers to any station operated to provide telecommunications for aeronautical purposes.

Air carrier or operator.

It refers to a person who undertakes, whether directly or indirectly, or by a lease or any other arrangements, to engage in air transportation services or air commerce.

Air carrier or operator.

This term may likewise refer to either a "Philippine air carrier" or a "foreign air carrier" as indicated by the context.

Air commerce or commercial air transport operation.

It refers to and includes scheduled or non-scheduled air transport services for pay or hire, the navigation of aircraft in furtherance of a business, the navigation of aircraft from one place to another for operation in the conduct of a business, or an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire.

Aircraft.

It refers to any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface.

Aircraft accident.

It refers to an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which any person suffers death or serious injury as a result of being in or upon the aircraft or by direct contact with the aircraft of anything attached thereto and the aircraft receives substantial damage.

Aircraft radio station.

It refers to a radio station on board any aircraft.

Aircraft engine.

It refers to any engine use, or intended to be used, for propulsion of aircraft and includes all parts, appurtenances, and accessories thereof other than propellers.

Aircraft incident.

It refers to the occurrence, other than an accident, which is associated with the operation of an aircraft when the safety of the aircraft has been endangered, or is a situation which could endanger an aircraft and if it occurred again in other circumstances.

Aircraft piracy.

It refers to any actual or attempted seizure or exercise of control, by force or violence, or by any other form of intimidation, with wrongful intent, of an aircraft within the jurisdiction of the Philippines.

Airman.

It refers to any individual who engages, as the person in command or as pilot, mechanic, aeronautical engineer, flight radio operator or member of the crew, in the navigation of aircraft while under way and any individual who is directly in charge of inspection, maintenance, overhauling, or repair of aircraft, aircraft engine, propellers, or appliances; and individual who serves in the capacity of aircraft dispatcher or air traffic control operator.

Airman license.

It refers to a written authorization or permission issued to any person for the exercise of the privileges of flying, maintaining, controlling, directing, dispatching, instructing or any other civil aviation activity which is regulated and supervised by the Authority.

Air navigation.

It refers to the practice of controlling, guiding and operating aircraft from airport of departure to predetermined airport of destination, including alternate airports.

Air navigation facility.

It 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 finding, or for radio or other electromagnetic communication, and any other structure or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and take-off of aircraft.

Air navigation services.

It 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.

Air operator.

It 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.

Air Operator Certificate (AOC).

It refers to a certificate authorizing an operator to carry out specified commercial air transport operations.

Air route.

It refers to the navigable airspace between two points and the terrain beneath such airspace identified, to the extent necessary, for application of flight rules.

Air route and airway facilities.

It refers to facilities provided to permit safe navigation of aircraft within the airspace of air routes and airways.

Airport.

It 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.

Air transport.

It refers to the transportation of persons, property, mail or cargo by aircraft.

Air transport service.

It 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.

Airworthiness.

It 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.

Appliances.

It 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 flight (including parachutes and including communication equipment and any other mechanism or mechanisms installed in or attached to aircraft during flight), and which are not part or parts of aircraft, aircraft engines, or propellers.

Aviation certificate.

It means any airworthiness certificate, airman certificate, air operator certificate, certificate authorizing the operation of an aviation school or approved maintenance organization or other document issued by virtue of the provisions of this Act in respect of any person, aircraft, airport or aviation-related service.

Citizen of the Philippines.

It 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.

Civil aircraft.

It refers to any aircraft other than a State or public aircraft.

Civil aviation.

It refers to the operation of any civil aircraft for the purpose of general aviation operations, aerial work or commercial air transport operations.

Crew member.

It refers to a person assigned to perform duties on an aircraft in flight.

Dangerous goods.

It refers to articles or substances that are capable of posing significant risks to health or safety of property when transported by air.

Domestic air commerce.

It means and includes air commerce within the limits of the Philippine territory.

Domestic air transport.

It means air transportation within the limits of the Philippine territory.

Foreign air carrier or foreign air operator.

It 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.

Foreign air transport.

It refers to air transportation between the Philippines and any place outside it or wholly outside the Philippines.

General aviation operation.

It refers to an aircraft operation of a civil aircraft for other than a commercial air transport operation or aerial work operation.

International commercial air transport.

It refers to the carriage by aircraft of persons or property for remuneration or hire or the carriage of mail between any two (2) or more countries.

Navigable airspace.

It refers to the airspace above the minimum altitudes of flight prescribed by regulations under this Act and includes airspace needed to insure safety in the take-off and landing of aircraft.

Navigation of aircraft.

It refers to a function that includes the piloting of aircraft.

Person.

It refers to any individual, firm, partnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative of these entities.

Philippine air carrier.

It means an air carrier who is a citizen of the Philippines.

Propeller.

It refers to an inclusive term for all parts, appurtenances, and accessories of a propeller.

Public aircraft.

It refers to an aircraft used exclusively in the service of any government or of any political jurisdiction thereof, including the Government of the Philippines, but not including any government-owned aircraft engaged in operations which meet the definition of commercial air transport operations.

Rules of the air.

It means those provisions for securing the safety of aircraft in flight and in movement on the surface and the safety of persons and property on the surface. These provisions include:

(1) Lights and signals to be shown by aircraft;

(2) General, visual and instrument flight rules;

(3) Airport traffic rules; and

(4) Airport signals and markings.

Spare parts.

It refers to any parts, appurtenances, and accessories of aircraft (other than aircraft engines and propellers), aircraft engines (other than propellers), propellers, and appliances, maintained for installation or use in an aircraft, aircraft engine, propeller, or appliance, but which at the time are not installed therein or attached thereto.

Special aircraft jurisdiction of the Philippines.

This includes:

(i) Civil aircraft of the Philippines; and

(ii) Any other aircraft within the jurisdiction of the Philippines, while the aircraft is in flight, which is from the moment when all external doors are closed following embarkation until the moment when one such door is opened for disembarkation or, in case of a forced landing, until the competent authorities take over the responsibility of the aircraft and the persons and property aboard.

Landing fees.

It refers to all charges for the use of any landing strip or runway by any aircraft landing or taking off at an aerodrome.

Terminal fees.

It refers to charges for parking at or near the ramp, terminal area, or building, for purposes of loading or unloading passengers and/or cargo.

Royalties.

It refers to all charges based on gross business or sales, or gross or net profit.

Supplies.

It includes any and all items of whatever nature or description which may be necessary for, or incidental to, the operation of an aircraft.

Department of Transportation and Communications (DOTC).

What agency is CAAP attached to for the purpose of policy coordination?

Air Transportation Office (ATO).

What agency was abolished and replaced by CAAP?

Director General.

Who shall head the CAAP and shall be responsible for all civil aviation in the Philippines?

President of the Republic of the Philippines.

Who can appoint the Director General of CAAP?

Four (4) years.

How long is the term of office of the Director General?

Four (4) years.

How long can the appointment of the Director General be extended?

In accordance with the rules and regulations prescribed by the Civil Service Commission.

What is the only way that the Director General can be removed from his term of office?

Section 4.

In what section of R.A. 9497 states the creation of CAAP?

Section 4.

In what section of R.A. 9497 states the responsibility of the Director General?

Section 5.

In what section of R.A. 9497 states the composition of the Board Members of CAAP?

Seven (7).

How many members compose the Board of CAAP?

Secretary of the Department of Transportation and Communications (DOTC).

Who is the chairman ex officio of the Board of CAAP?

Director General.

Who is the vice chairman of the Board of CAAP?

Secretary of the Department of Trade and Industry (DTI).

The following are members of the Board of CAAP except:
1. Secretary of Finance.
2. Secretary of Foreign Affairs (DFA).
3. Secretary of Justice (DOJ)
4. Secretary of the Interior and Local Government (DILG).
5. Secretary of the Department of Labor and Employment (DOLE).
6. Secretary of the Department of Trade and Industry (DTI).

Fourth degree.

Within what civil degree of consanguinity of any members of the Board of CAAP from holding any interest whatsoever in any company or entity engaged in air commerce?

One (1) year.

No member of the Board or any employee of the Authority shall accept employment or enter into a contract of service with an entity regulated by the Authority until the expiry of __________ from the termination of his appointment, whether by resignation or revocation or otherwise.

Four (4).

How many members of the Board of CAAP must be present to constitute a quorum?

Section 9.

In what section of R.A. 9497 states the qualifications of the Director General?

Qualifications of Director General.

1. Filipino citizen

2. At least thirty-five (35) years of age.

3. Good moral character, unquestionable integrity, and recognized competence.

4. A degree holder with at least five (5) years supervisory or management experience in the field of aviation.

The listed above are:

Once.

How many times shall the Board of CAAP conduct board meetings per month?

Upon call of the Chairman or upon the initiative of four (4) members.

In what condition may the Board of CAAP hold special meetings to consider urgent matters?

Metro Manila.

Where shall be the principal office of CAAP?

Fifty billion pesos (Php 50,000,000,000.00).

How much authorized capital stock shall the CAAP acquire from the Republic of the Philippines?

All moneys earned by CAAP from the collection/levy of any and all such fees, charges, dues, assessments and fines it is empowered to collect/levy under R.A. 9497 shall be used solely to fund the operations of CAAP.

Which statement is true regarding the fiscal autonomy of CAAP?

Fiscal autonomy.

It is a guarantee given by the Constitution to certain units of the government. It is intended as a guarantee of separation of powers and of independence from political agencies.

Congressional Oversight Committee.

Who shall examine the utilization of any funds coming from the collection and/or levy of CAAP?

Exempt from all direct and indirect taxes, wharfage fees and other charges and restrictions, the existence of pertinent laws to the contrary notwithstanding.

The importation of equipment, machineries, spare parts, accessories and other materials including supplies and services used solely and exclusively in the operations of the CAAP not obtainable locally shall be:

Three (3) years.

The Authority shall not revise its schedule of fees and fines more often than once every:

At the close of each calendar year.

When shall the Authority prepare and submit an annual report to the President of the Philippines, to the Senate and to the House of Representatives on its accomplishments?

Section 21.

In what section of R.A. 9497 states the policies of the Authority?

Policies.

The development and utilization of the air potential of the Philippines.

Policies.

The encouragement and development of an air transportation system properly adapted to the present and future of foreign and domestic commerce of the Philippines.

Policies.

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.

Policies.

Ensuring the safety, quality, reliability, and affordability of air transport services for the riding public.

Policies.

The encouragement and development of a viable and globally competitive Philippine aviation industry.

Chapter 4.

In what chapter of R.A. 9497 states the power of the Authority?

Section 22.

In what section of R.A. 9497 states the powers and functions of the Authority?

Section 23.

In what section of R.A. 9497 states the corporate powers of the Authority?

Chapter 5.

In what chapter of R.A. 9497 states the power and functions of the Board?

Section 24.

In what section of R.A. 9497 states the powers of the Board of CAAP?

Board of CAAP.

Who shall ensure that the Authority performs its functions in a proper, efficient and effective manner?

Board of CAAP.

Who shall impose and fix reasonable charges and fees for the use of government or privately-owned aerodromes or air navigation facilities ?

Board of CAAP.

Who shall determine and fix landing fees, parking space fees, royalties on sales or deliveries, direct or indirect, to any aircraft?

Board of CAAP.

Who shall approve the annual and supplementary budget plan and utilization of retained revenue of the Authority?

Board of CAAP.

Who shall exercise the corporate powers granted to the Authority?

Section 29.

In what section of R.A. 9497 states the powers to administer oaths by any member of the Board of CAAP in the transaction and performance of their official duties?

Section 30.

In what section of R.A. 9497 states the annual budget?