Civil Aviation Authority of the Philippines (CAAP)

The Civil Aviation Authority of the Philippines (CAAP) was created

for the purpose of providing safe and efficient air transport regulatory
services in the country. It has the 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.
unctions
1.) Establish and prescribe rules and regulations for the inspection and
registration of all aircraft owned and operated in the Philippines and all air
facilities.
The !irector "eneral or his authori#ed representative are the ones
allowed to access civil aircraft without restriction wherever they are
operated within the Philippines in order to ensure that such aircraft is
airworthy and $eing operated according to the law. In the discharge of their
certification and inspection responsi$ilities, the validation of the actions of
the civil authority of another %tate in lieu of ta&ing the specific action is
restricted to the compliance of its o$ligations under the Chicago Convention
and other supporting documents. urthermore, the light %tandards
Inspectorate %ervice (%I%) e'ists to help the !irector "eneral in carrying
out the responsi$ilities of his office for certification and ongoing inspections
of aircraft, airmen and air operator.
2.) Establish and prescribe the corresponding rules and regulations for the
enforcement of laws governing air transportation.
The !irector "eneral has the power to prescri$e and revise reasona$le
rules and regulations governing other practices which are necessary to
provide the safety in civil aviation. %uch power ta&es into consideration the
o$ligation of air operators to perform their services with the highest possi$le
degree of safety pursuant to pu$lic interest. The governing $ody may issue
and provide for the enforcement of the orders, rules and regulations as may
$e necessary to give effect to the provisions of the law for the safety
regularity and efficiency in air commerce and air navigation. %uch rules and
regulations are formally promulgated and periodically reviewed and updated
in accordance with the Administrative Code of the Philippines.
3.) Determine, fix andor prescribe charges andor rates pertinent to the
operation of public air utilit! facilities and services.
CAAP, upon consultation and after pu$lic hearing, may determine,
fi', impose, collect or receive reasona$le charges, fees, dues or assessments
in respect of aviation certificates, licenses and all other authori#ations or
permissions authori#ed to $e issued and all services performed $y the
Authority. All charges and fees are formally promulgated in accordance with
the re(uirements of the Administrative Code of the Philippines or any
amendment or successor thereto. %uch given $ody may impose and fi'
reasona$le charges and fees for the use of government aerodromes or air
navigation facilities through reasona$le charges to $e imposed in the use of
privately)owned air navigation facilities and aerodromes. They may also
determine and fi', landing fees, par&ing space fees, royalties on sales or
deliveries, direct or indirect, to any aircraft for its use of aviation gasoline,
oil and lu$ricants, spare parts, accessories and supplies, tools, other
royalties, fees or rentals for the use of any of the property under its
management and control.
".) #dminister and operate the $ivil #viation %raining $enter &$#%$).
The training of its employees may conduct a school or schools
training in those su$jects necessary for the proper performance of all
functions of the authority. The attendance of courses given in such schools
may $e done $y other governmental personnel and personnel of foreign
governments, or personnel of the aeronautical industry. The !irector
"eneral is also authori#ed, to re(uire the payment of appropriate
consideration to offset the costs of training provided $y such school or
schools.
*.) 'perate and maintain national airports, air navigation and other similar
facilities.
CAAP is empowered to issue airport certificates to, and to esta$lish
minimum safety standards for the operation of, airports that serve any
scheduled or unscheduled passenger operations of air operator or foreign air
operator aircraft. The given $ody issues an airport operating certificate. +ach
airport operating certificate prescri$es terms, conditions and limitations
which are reasona$ly necessary to assure safety in commercial air transport.
The !irector "eneral may, from time to time, for any reason, reinspect or
ree'amine any civil aircraft, aircraft engine, propeller, appliance, air
operator, school, with approved maintenance organi#ation, or any civil
airman holding a certificate that was issued.
,egulation
#pplication and (egistration
Any person desiring to operate an airport may file an application as
re(uired $y the !irector "eneral for an airport operating certificate. The
applicant must $e one owned $y or leased to a citi#en or citi#ens of the
Philippines or corporations or associations organi#ed under the laws of the
Philippines at least si'ty per centum (-./) of whose capital is owned $y
ilipino citi#ens. Those foreign)owned or registered aircraft may $e
registered if utili#ed $y mem$ers of aero clu$s organi#ed for recreation,
sport or the development of flying s&ills as a prere(uisite to any aeronautical
activities of such clu$s within the Philippine airspace. (,.A. 00-, P.!. 1203,
+.4. *5-, and 6.P. *.5)
The law re(uires that it should $e made in writing, signed and sworn
to $y the owner or lessee of any aircraft or aircraft engine eligi$le for
registration. The application shall also state7 (a) the date and place of filing8
($) the specification, construction and technical description of the aircraft or
aircraft engine8 and (c) such other information as may $e re(uired $y the
Authority in such manner and form as the Authority may prescri$e $y
regulation.
#irworthiness $ertificates
The owner of any aircraft which have already $een registered may file
with the !irector "eneral an application for an airworthiness certificate for
such aircraft. 4nce that the aircraft conforms to the appropriate type of
certificate and, after inspection, finds that the aircraft is in a condition
allowing for safe operation, an airworthiness certificate shall $e issued $y
the !irector "eneral.
$ertificate $arriers
Any air carrier who is a citi#en of the Philippines may file with the
!irector "eneral an application for an air operator certificate. 9hen such air
carrier is properly and ade(uately e(uipped and has demonstrated the a$ility
to conduct a safe operation in accordance with the re(uirements of this Act
and the rules, regulations and standards issued pursuant thereto, the !irector
"eneral shall issue an air operator certificate to such air carrier7 Provided,
however, that an air operator certificate cannot $e issued to an air carrier that
does not possess a valid Certificate of Pu$lic Convenience and :ecessity
(CPC:) issued.
(evocation
Any certificate of registration may $e revo&ed $y the Authority for any
cause which renders the aircraft ineligi$le for registration.
Civil Aeronoutics Board (CAB)
The Civil Aeronautics 6oard (CA6) is responsi$le in regulating,
promoting and developing the economy of air transportation in the
Philippines and to ensure that its e'isting policies are adapted to the present
and future air commerce of the Philippines. The 6oard has supervisory and
jurisdictional control over air carriers, general sales agents, cargo sales
agents, and airfreight forwarders, as well as their property, rights,
e(uipment, facilities and franchises.
unctions
1.) Establish and prescribe rules, regulations, and procedures for the
regulation, promotion, and development of the economic aspect of air
transportation.
CA6 must e'ercise its duties in prescri$ing such rules, regulations,
and procedures in accordance with the o$ligations assumed $y the country
with respect to the treaties, conventions or agreements with foreign
countries. In e'ercising and performing its powers and duties under the
provisions of this Act, the Civil Aeronautics 6oard shall ta&e into
consideration the o$ligation assumed $y the ,epu$lic of the Philippines in
any treaty, convention or agreement with foreign countries on matters
affecting civil aviation
2.) )n the exercise of its regulator! powers, it is authori*ed to issue
$ertificates of Public $onvenience and +ecessit! &$P$+) to domestic
carriers, ,oreign #ir $arrier-s Permit &,#$P) to foreign carriers, and
.etters of #uthorit! to airfreight forwarders, general sales agents, cargo
sales agents who are fit, willing, and able to perform services as re/uired b!
public convenience and necessit!. $#0 li1ewise performs /uasi23udicial
functions.
CA6 may issue, deny, amend, revise, alter, modify, cancel, suspend
or revo&e, in whole or in part, upon petition or complaint, or upon its own
initiative, any temporary operating permit or Certificate of Pu$lic
Convenience and :ecessity7 Provided, however, That in the case of foreign
carriers, the permit shall $e issued with the approval of the President of the
,epu$lic of the Philippines.
3.) Establish and prescribe the corresponding rules and regulations in the
enforcement and monitoring of compliance of the laws governing
sta1eholders engaged in air commerce.
%uch $ody may approve or disapprove increase of capital, sale of
e(uipment of any carrier. They also re(uire annual, monthly, periodical, and
special reports from any carrier to which they also provide the manner and
form in which such reports shall $e made and to re(uire from any carrier
specific answers to all (uestions upon which the 6oard may deem
information to $e necessary. The prescri$ed forms of any and all accounts,
records, and memoranda of the movement of traffic, as well as of the receipt
and e'penditures of money, and the length of time such accounts, records
and memoranda are preserved. It is also re(uired that each officer and
director of any carrier to transmit a report descri$ing the shares of stoc& or
other interest held $y such carrier with any persons engaged in any phase of
aeronautics, and the holding of the stoc& in, and control of, other persons
engaged in any phase of aeronautics.
".) Determine, fix andor prescribe charges andor rates pertinent to the
services in connection with air commerce.
CA6 may fi' and determine reasona$le individual, joint or special
rates, charges or fares which a carrier may demand, collect or receive for any
service in connection with commerce in consideration with the factors
provided $y the law. The 6oard may adopt any original, amended, or new
individual, joint or special rates, charges or fares proposed $y any carrier if
the proposed individual, joint, or special rates, charges or fares are not
unduly preferential or unduly discriminatory or unreasona$le.
4.) #cts as vice2chairman of the Philippine #ir Panel in the negotiations and
consultations of air agreements with foreign governments for the promotion,
establishment, or development of foreign air transportation.
It is necessary for CA6 to consult with the !epartment of oreign
Affairs concerning the negotiation of any agreement with foreign
governments for the promotion, esta$lishment, or development of foreign
transportation.
5.) Participates in bilateral, regional, and international forum relating to
air transportation matters.
It may function as the representative of the Philippines $y $eing one
of its speciali#ed agency that attends to the air transportation of the country.
,egulation
$ertificate of Public $onvenience and +ecessit!
A Certificate of Pu$lic Convenience and :ecessity is a permit issued
$y the 6oard authori#ing a person to engage in commerce and;or
transportation, foreign and;or domestic. %uch permit authori#ing the person
is issued only to citi#ens of the Philippines if there is a clear showing that 7
(1) that the applicant is fit, willing and a$le to perform such service
properly8 and (2) that such service is re(uired $y the pu$lic convenience and
necessity8 otherwise the application will $e denied.
(egistration and record
An aircraft which has $een su$ject to regustration must $e one owned
$y a citi#en or citi#ens of the Philippines and is not registered under the laws
of any foreign country. %uch certificate in writing shall $e conclusive
evidence of nationality for international purposes, $ut not in any proceedings
under the laws of the ,epu$lic of the Philippines.
(evocation
Any application for registration may $e cancelled if it was not a$le to
comply with the minimum re(uirements provided $y the law.
6pecific penalties
Any person engaging in commerce without a permit issued $y the
6oard will $e punished $y a fine not e'ceeding five thousand pesos or $y
imprisonment for not more than one year, or $oth, in the discretion of the
court7 Provided, That a person engaging inr commerce on the date of the
approval of this Act may continue so to engage until such time as the 6oard
shall pass upon an application for a permit for such service, which
application must $e filed.