Air Laws - Part 2: Philippine State College of Aeronautics
Air Laws - Part 2: Philippine State College of Aeronautics
MODULE 2:
Prepared by:
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
TABLE OF CONTENTS
Title Page
Self-Test Questions
Self-Test 78
Module Activity
Module Activity No. 1 79
Assessment Activity
Assessment Activity No. 1 80
Assessment Activity No. 2 83
Rubric
Assessment Rubric for Essay 81
Assessment Rubric for Timeline 84
TIME ALLOTMENT
Module Readings : 428.8 minutes
Module Activities & Assessment : 200 minutes
Honesty Clause:
The students are expected to accept and maintain principles of intellectual and academic honesty as
members of the academic community. The institution believes that students are truthful as a basic and
necessary standard of conduct in academic matters, and that they only submit the results of their own
efforts for credit.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
TABLE OF REFERENCES
References No.
Presidential decree No. 1570, S. 1978: Govph. (1978, June 11). Retrieved March
10, 2021, from
https://www.officialgazette.gov.ph/1978/06/11/presidential-decree-no- 1
1570-s-1978/
Implementing rules and Regulations (IRR). (n.d.). Retrieved March 10, 2021,
from https://www.phcc.gov.ph/implementing-rules-regulations-philippine- 2
competition-act/
History of SAEP BOARD. (n.d.). Retrieved March 10, 2021, from
3
https://www.saep.com.ph/history-of-saep-board/
Republic Act No. 776 files. (n.d.). Retrieved March 10, 2021, from
4
https://cab.gov.ph/mandates/category/republic-act-no-776-2
Republic act No. 9497: Govph. (2008, March 04). Retrieved March 10, 2021,
5
from https://www.officialgazette.gov.ph/2008/03/04/republic-act-no-9497/
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
MODULE INTRODUCTION
This module explores the Aeronautical Engineering Law, the Presidential Decree 1570 and
its implementing rules and regulations and the code of ethics as well as the other regulation
act such as R.A. 9497 and R.A. 776.
LEARNING OUTCOMES
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
• The need for a law that would regulate the practice of aeronautical engineering as a
profession was strongly felt in the late 1960’s when aeronautical engineering and the jobs
available for them had increased tremendously.
• Through the efforts of the Society of Aerospace Engineers of the Philippines (SAEP),
Presidential Decree No. 1570, otherwise known as the “Philippine Aeronautical Decree”
was enacted on June 11, 1978.
• Subsequently, the first Board of Aeronautical Engineering was constituted on April 6, 1982
with Brig. Gen. Recaredo R. Albano as Chairman and Engrs. Timoteo A. Cordova, Jr. and
Teofilo P. Alberto as Members. It conducted its first licensure examination in July 1983.
Successful examinees took their oath in November of the same year.
There is hereby created under the Professional Regulation Commission a Board of Aeronautical
Engineering, hereinafter referred to as the Board, which shall be composed of a Chairman and
two members, all to be appointed by the President of the Philippines from among the registered
aeronautical engineers of recognized standing in the Philippines upon recommendation of the
commission which shall exercise jurisdiction, general supervision, and administrative control over
the Board in accordance with the powers vested in it under existing laws.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
No person shall be appointed member of the Board of Aeronautical Engineering unless at the time
of his appointment, he possesses the following qualifications:
The members of the Board shall hold office for a term of three years from and after the date of
their appointment: Provided, however, that of the first appointees to the Board, one shall serve
for a term of one year and shall automatically be the Chairman thereof; one for two years and
shall serve as member during the first year, then shall automatically be the Chairman in the third
year. Thereafter, chairmanship shall be seniority membership in the Board, serving the first as
member for the first two years, then chairman in the third year.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
No Member of the Board shall serve for more than two (2) successive complete terms and in case
of vacancy by reason of death, resignation, or removal of an incumbent member, the same shall
be filled for the unexpired portion of the term of the previous incumbent. Each member of the
board shall qualify by taking the proper oath of office before entering upon the performance of
his duties.
Any member of the Board may, upon recommendation of the Commission be removed by the
President of the Philippines by a reason of neglect of duty, incompetence, commission or tolerance
of irregularities in the examinations, malpractices, or unprofessional or unethical, immoral or
dishonorable conduct, after having given opportunity to defend himself in a proper administrative
investigation to be conducted by the commission
Subject to review by the commission, the board is vested with authority, conformably with the
provisions of this decree, to
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
i. Promulgate, subject to approval of the commission for their effectivity such rules and
regulations as may be necessary to carry out the provisions of the Decree.
j. The Code of Ethics and the Rules and Regulations shall be published by the Board in the
Official Gazette and shall take effect fifteen days after the publication.
The Board shall investigate all violations of the provisions of this Decree and the rules and
regulations issued thereunder as may come to its knowledge. For subpoena duces tecum to
secure the appearance of witnesses and the production of books, papers, documents, records
and any pertinent data as may be necessary in connection with the charges presented to or any
investigation pending before the board may administer oaths or affirmations of witnesses
appearing before it.
The Board shall have the power to hold any person in contempt, directly or indirectly and impose
appropriate penalties therefore.
A person guilty of misbehavior in the presence of or so near the Chairman or any member of the
Board as to obstruct or interrupt the proceedings before the same, including disrespect toward
said officials, offensive personalities toward others, or refusal to be sworn or to answer as a
witness or to subscribe an affidavit or deposition when lawfully required to do so, may be
summarily adjudged in direct contempt by said officials and punished by a fine not exceeding
Php100.00.
The person adjudged in direct contempt by the Chairman of the Board or member thereof may
appeal to the commission and the execution of the judgment.
Indirect contempt shall dealt with the Chairman or Member of the Board in manner prescribed
by the Revised Rules of Court.
All decisions of the Board shall be made en banc. However, hearing and reception of evidence
may be conducted by the hearing officer or professionals regulations attorney of the Commission.
Each member of the Board shall receive a compensation of not less than fifteen pesos for each
applicant who shall take the written board examination, and ten pesos for each certificate of
registration be issued to temporary registrants as provided for under Section twenty one of this
decree.
Any registered aeronautical engineer in the service of any branch of the government of the
Philippines appointed as member of the Board shall receive the same compensation in the
government service.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
The Commission and the Board shall jointly conduct the written examinations given by the Board
in accordance with this Decree and the rules and regulations promulgated thereunder.
Applying the present fee implemented and under the rules and regulations by the Professional
Regulation Commission (PRC)
The Board shall, within sixty days following the end of each fiscal year, submit to the commission
an annual report on its activities during the fiscal year just ended.
Unless otherwise specifically exempted from the taking the written examinations as provided for
under section twenty of this Decree, all applicants for registration for the practice of aeronautical
engineering shall first undergo the required written technical examinations.
Any person who shall apply for admission to take the written examinations for aeronautical
engineers shall establish to the satisfaction of the Board that he has the following qualifications:
The examinations provided in this Decree shall consist of written test which shall cover the
following subjects: Mathematics, Aerodynamics, Aircraft Structures and Design;
Powerplant Theory and Practice; and Air Laws and Regulations, and such other related
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
subjects as the Board may deem necessary; Provided, That in case of Increase in the number of
subjects, the corresponding relative weight credited for every subject shall be reduced accordingly
and the relative weights that may be deducted there from shall be credited to the additional
subject or subjects; provided further, that the relative weights that will be deducted shall
always be divisible exactly by five.
In order that a candidate may be deemed to have passed the examinations successfully, he must
have obtained a general weighted average of seventy-five percent in all subjects, with
NO rating below fifty percent any subject. Subject to approval of the commission, the Board
shall have the power to prescribe, amend, or revise the subjects and their corresponding relative
weights.
Within ninety days after the last day of the examinations or on such date as may be determined
by the Commission. The Board shall submit its report on the ratings obtained by each candidate
to the Commissioner of the Commission for approval or other appropriate action. All ratings shall
be released at least seventy days before the next examination period.
All successful candidates in the written examinations shall each issued by the Board a certificate
of registration as aeronautical engineer upon payment of the required fee. The Certificate of
registration, to be signed by the Members of the Board and approved by the Commissioner shall
bear the full name of the registrant and the serial number of the certificate, and shall be
authenticated with the official seal of the Board.
The issuance of the certificate of registration by the Board under this Decree shall be evidence
that the person named therein is entitled to all rights and privileges of a registered aeronautical
engineer while it remains unrevoked or unsuspended. Before commencing the practice of
aeronautical engineering, all registrants under this Decree shall be required to take
professionals oaths before the Board or before any person authorized to administer
the same.
The Board may issue certificates of registration as aeronautical engineers to the members of the
first Board and to any applicant for registration without the necessity of taking the written
examinations prescribed under Section thirteen of this Decree: Provided, that
a. The Members of the first Board meet all the requirements prescribed under section
four of this Decree; and
b. The applicants for registration other than the Members of the first Board, in
addition to the requirements prescribed under Section Fourteen of this Decree,
shall present evidence satisfactory to the Board showing that on the date of
approval of this Decree
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
Upon application and payment of the required fee, and subject to approval of the Commission,
the following may be granted temporary certificates of registration as aeronautical engineer to
practice aeronautical engineering in the Philippines;
a. Aeronautical engineers from foreign countries called for consultation or for specific
design, construction or project, whose services in the Philippines shall be limited
only to such particular work, and such engineers are legally or technically qualified
to practice aeronautical engineering in their own country: and
Subject to approval of the Commission, the Board may issue a special permit, renewable every
year, to any person specified under this section who shall file with it an application for the issuance
of such permit, accompanied by evidence or other proof satisfactory to the Board showing that
the applicant is competent to perform the service or activity for which said permit is sought, and
that the issuance of such permits will not jeopardize the interests of any citizen of the Philippines
duly registered as aeronautical engineer under this Decree: Provided, that such permit shall be
subject to the
Rules and regulations of the Board, and may be suspended, revoked, or reissued by the
Board in the manner prescribed for the suspension, revocation and reissuance of the certificate
of registration.
constituting the practice of the said profession under the instruction, control and supervision of
their employer.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
The Board may refuse to issue certificate of registration to any person convicted by a court of
competent jurisdiction of any criminal offense involving moral turpitude, or to any person guilty
of unprofessional, unethical, immoral or dishonorable conduct, or to any person of unsound mind.
In the event of refusal to issue a certificate the Board shall forthwith furnish the applicant a
written statement setting forth its reasons for such action, which statement shall be incorporated
in the records of the Board.
The Board shall have the Power, after proper notice, to reprimand an aeronautical engineer,
suspend, or revoke his certificate of registration for any grounds enumerated in the next
preceding section or by reason of malpractice, incompetence and gross negligence of the
registered aeronautical engineer concerned, or by reason of the use or perpetration of any fraud,
deceit, or false statement in obtaining such certificate of registration, or refusal to join and to
remain a member of good standing of the integrated professional organization of aeronautical
engineering which is accredited by the Commission.
After the expiration of two years from the date of revocation or suspension of a certificate of
registration, the Board may, in its discretion and for reason it may deem meritorious, reinstate
the validity of a revoked or suspended certificate, or issue a new one in lieu of the one previously
revoked upon payment of the required fee.
All Aeronautical Engineers shall obtain official seal of a design prescribed by the Board,
Bearing registrant’s name, the number of his registration certificate, and the words;
“Aeronautical Engineer.” Plans, specifications, reports and such other professional documents
prepared by or executed under the immediate supervision of, and issued by an aeronautical
engineer shall be stamped on every sheet thereof with the official seal when filed with the
government authorities, or when submitted or used professionally during the life of the
registrant’s certificate.
It shall be unlawful for anyone to affix his official seal on any document after his certificate of the
registration has expired or has been revoked or suspended , unless said certificate shall have
been renewed, reissued or reinstated.
The owner, manager or other person in charge of any aircraft or of firm co-partnership,
corporation, or joint corporation operating an aircraft shall post or cause to be posted in any
conspicuous place within such station or establishment the certificate of registration of the
Aeronautical Engineer or engineers employed in such station or establishment.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
The practice of aeronautical engineering shall constitute a holding out oneself as skilled in the
knowledge, science and practice of aeronautical engineering; and as qualified to render
professional services as an aeronautical engineer; or offering or rendering, or both, on a fee basis
or otherwise, services such as planning, designing, analyzing, constructing, assembling,
installing, altering or maintaining of aircraft structures, power plants or accessories
through scientific or accepted engineering practice, or the teaching of the same in any
university, college, institute, or school duly recognized by the Government of the Philippines.
An aeronautical engineer shall be considered such in the practice of his profession, if the nature
and character of his employment whether as an officer or employee in a private enterprise or
educational institution involves decision-making requiring professional knowledge in the science
of aeronautical engineer, and such employment or position requires that the holder thereof
must be an aeronautical engineer; or if holds or is appointed to a position in the aeronautical
engineering occupational group in the government-owned or controlled corporations, including
those performing proprietor functions, where a civil service eligibility as an aeronautical engineer
is a prerequisite.
a. Any person who, without a valid certificate of registration, shall practice or offer
to practice aeronautical engineering as defined herein or any aspect thereof in the
Philippines; or to use the title “Aeronautical Engineer” or any word, letter, figure,
or sign whatsoever, tending to convey the impression that he is an aeronautical
engineer; or to advertise or indicate in any manner that he is qualified to perform the
work of an aeronautical engineer; and
b. Any firm, company or corporation to engage in designing, planning, construction,
installation, alteration, manufacture or marketing of any aircraft and its components,
accessories, instruments, equipment and supply without the certification,
supervision, or guidance of an aeronautical engineer.
Section 29 – Definition
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
It shall be the duty of all duly constituted law-enforcing officers of the National Government, or
any of its agencies or instrumentalities to enforce the provisions of this Decree and to prosecute
any person violating the same.
A roster showing the names, the addresses and the places of business, and the names and
addresses of the employers, if they are so employed, shall be prepared by the Commission at
least once a year. Copies of the roster shall be sent to the President, the secretary of public
works, transportations and communication, the Director Civil Aviation, the Director of Public
works, the Secretary of Public Highways, the Commissioner of Customs, any person or corporation
operating and maintaining aircraft, and such other bureaus, government entities or agencies as
may be deemed necessary, and to the public upon request.
The Commission shall adopt rules to effect the integration of aeronautical under such conditions
as it shall see fit in order to raise the standards of the profession and enable it to discharge its
public responsibilities.
The penalty of imprisonment ranging from six months to six years and a fine ranging from two
thousand pesos to six thousands pesos, or both imprisonment and fine, in the discretion of the
court, shall be imposed upon:
a. Any person who shall practice aeronautical engineering in the Philippines as herein
defined, without holding a valid certificate of registration issued by the Board;
b. Any person who shall give any false or fraudulent statement to the Board, to obtain a
certificate of registration as aeronautical engineer;
c. Any person who shall assume, use, or advertise as aeronautical engineer, or append to
his name, letters or works tending to convey the impression that he is a registered
aeronautical engineer when in fact he is not duly registered with the Board as such.
d. Any person who shall present or use as is own certificate of registration issued to another
under this Decree.
e. Any person who shall present or use a revoked or suspended certificate of registration as
aeronautical engineer;
f. Any aeronautical engineer, or any person on his behalf, who shall stamp or seal any
document with his seal as such after his certificate of registration has expired or has been
suspended revoked;
g. Any aeronautical engineer who shall sign his name, affix his seal, or use any other
documents prepared by or under another aeronautical engineer’s supervision, unless the
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
name is prepared in such a manner as to clearly indicate the part or parts of such work
actually performed by him;
h. Any person, except the aeronautical engineer in charge, who shall sign for any branch of
the aeronautical work, or any function or engineering practice not actually performed by
him;
i. Any registered aeronautical engineer who shall refuse to surrender to the Board as
suspended or revoked certificate of registration or special permit;
j. Any person who shall commit or attempt to commit any fraud for the purpose of obtaining
a certificate of registration as aeronautical engineer, or aid in so doing; and
k. Any person who, with or without consideration, misrepresents that he can fix the results
of the licensure examinations for the practice of aeronautical engineering.
If any provision of this Decree or any portion thereof is declared unconstitutional by any
competent court, the other provisions thereof shall not be effected thereby.
Section 35
All laws, decree, executive orders, rules, rules or regulations, or parts thereof, in conflict with the
provisions of this Decree are hereby repealed, amended or modified accordingly.
Section 36
Done in the City of Manila, this 11th day of June, in the year of Our Lord, Nineteen hundred
and seventy eight (1978).
Supplemental Reading:
(Presidential Decree 1570):
https://www.officialgazette.gov.ph/1978/06/11/presidential-decree-no-1570-s-
1978/
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
Preliminary Article
Pursuant to the provisions of Section 7(g) and (h) of Presidential Decree No. 1570, otherwise
known as the “The Philippine Aeronautical Engineering Decree” approved June 11, 1978, the
following rules and regulation including the Code of Professional Ethics are hereby adopted.
Section 1- Definition of term. In the application and interpretation of PD 1570 and these rules
and regulation, the Board of Aeronautical Engineering shall be guided by the following definitions:
c. Aircraft – Any contrivance now known or hereafter to be used, invented or designed for
navigation of or flight in the air (Section 29 of PD 1570). Such contrivance or device can
be a powered or non-powered flying machine that is lighter-than-air (Balloon, dirigible) or
heavier than-air with fixed wing (airplane, glider), or heavier than air with rotary wing
(Helicopter, autogyro). This contrivance can also be a winged or finned weapon system
(missile, bomb) or any other device that is designed to operate fully or partly in the air
and whose motion and flight path is influenced or determined by the combined effects of
forces and moments created by its mass, its power system and the air or by its mass and
the air if non powered. A spacecraft, designed for operations in the outer space, can be
treated as an aircraft while operating in transit within the limits of the earth’s atmosphere.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
f. Aircraft Components – All parts which comprise the basic aircraft. These consist of
aircraft structures, power plant, instruments, control system, fuel system, accessories,
equipment and others.
g. Aerodynamics – The science that deals with the study of the air in motion and the forces
and moments created on bodies moving relative to the air. Aerodynamic
theories/principles in general govern the flight of heavier-than-air aircraft which is
vertically supported in flight by an aerodynamic force “lift” created on its fixed or rotary
wing.
h. Aeronautical Engineering – The science and technology dealing with the study of the
theories/principles to the research and development, manufacture, operation,
maintenance, repair and modification of aircraft and its components.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
performance, and other activities performed on the ground and in flight to insure
aircraft airworthiness and flight safety, except piloting (directing and controlling)
the aircraft in flight which function strictly belongs to the pilot. Marketing and
Selling Technical knowledge of aircraft/component specifications, performance,
maintenance, repair and other pertinent information shall likewise be considered
professional aeronautical engineering service.
k. Other Aeronautical terms – aeronautical terms whose definitions are not included in
this section shall be understood to convey the meaning given to them by other local
aviation laws, rules, and regulations, or by international conventions adhered to by the
government of the Philippines if no definitions of such terms are locally available.
There shall be a seal to be used by the Board of authenticate its official documents. This seal
which shall be circular in shape with maximum diameter of 48 millimeters (1 7/8 inches) shall
bear a design consisting of an airplane wing section with shock wave attached to its leading and
trailing edges (leading edge at the right). Near the leading edge of the section is an atom having
four (4) orbiting electrons. The airplane wing section here represents an aircraft. The atom as a
whole symbolizes engineering activity with its four (4) orbiting electrons signifying the four (4)
major activity areas.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
Unless exempted from taking the licensure of aeronautical engineering shall be required to take
and pass the said examination conducted jointly by the Commission and the Board once a year
at a date and place to be set by the Commission.
The application for examination shall be supported by evidence showing that the applicant
possesses all the qualification prescribed in section 14 of PD 1570. Every applicant shall submit
with his application the following supporting papers:
b. If the applicant is a foreigner, proof of reciprocity between the Republic of the Philippines
and the state of country of which he is a subject. Proof of reciprocity may be copy of
pertinent laws, rules and regulation of his country, duly authenticated and proved by any
means sanctioned by Philippine Laws or rules of jurisprudence, or any other documentary
evidence, confirmed by the Department of Foreign Affairs of the Philippines, showing that
this his Country’s existing laws, rules and regulations allow citizens of the Philippines to
practice aeronautical engineering on the same basis as with the same privilege accorded
to and under the same rules and regulations governing the subjects or citizens of the
foreign state or country.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
The examination shall consist of written test which shall cover the following subjects with their
corresponding weight:
Subject/s Relative
Weight
Aerodynamics 25%
Fundamentals of low-speed and high speed aerodynamics, applications of
aerodynamics; to fixed /rotary wing aircraft configurations; performance,
stability, and control; Wind Tunnels and applications
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
The application for registration without examination shall be supported by evidence indicating
that the applicant possesses all the qualifications prescribed in section 14 and 20 of PD 1570.
every applicant shall include the following supporting papers:
c. Certification of Proficiency – which shall be issued and signed under oath by his
employer or immediate superior, preferably member of good standing of the recognized
professional organization of aeronautical engineers of the Philippines, and shall indicate
that the applicant could be entrusted to perform or render professional aeronautical
engineering service. If self-employed, the applicant shall sign under oath and submit a
documented report on a design, device, or project of aeronautical engineering value
which he made, or a technical paper or report, project of feasibility study, treaties, or
thesis on any aeronautical engineering subject which he authored.
The practice of Aeronautical Engineering shall be in accordance with the definitions in section 27
of PD 1570 and Article I of these Rules and Regulations and the Code of Professional Ethics.
All firms, corporations, offices, educational institutions, and agencies, whether government or
private whose activities in part or in full involve the operation of one (1) or more aircraft or the
practice or aeronautical engineers. Planning, design, operation, management or maintenance of
airports and their related facilities, except those activities that belong to other professions
regulated by the commission, shall require professional aeronautical engineering services.
Department/division/unit heads and deputy/assistant heads of organizations who are directly
involved in the decision-making or in the implementation of aeronautical engineering matters
shall be registered aeronautical engineers. Organizations referred to in the foregoing statement
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
shall include government civilian agencies which issue aircraft airworthiness certificates or
promulgate/enforce rules and regulations governing the aeronautical engineering practice, and
other government civilian agencies, government owned/ controlled corporations, educational
institutions, and private firms engage in activities fully or partly involving the practice of
aeronautical engineering.
All records of the Board to include resolutions, minutes of meetings and deliberations, records of
administrative proceedings and investigations, examination papers, and other official documents
shall be kept as part of the records of the Commission.
Within sixty (60) days following the end of each calendar year, the Board shall submit to the
Commission Annual Report on its activities including appropriate recommendations.
There shall be a roster of aeronautical engineers showing their names, addresses and places of
practice. To keep the roster updated, every registered aeronautical engineer will report to the
Board any change in address and practice, and the name(s) of person(s) authorized by him to
receive notices, communications, and other papers from the Commission or the Board.
Section 4 – Amendment
There shall be a roster of aeronautical engineers showing their names, addresses and places of
practice. To keep the roster updated, every registered aeronautical engineer will report to the
Board any change in address and practice, and the name(s) of person(s) authorized by him to
receive notices, communications, and other papers from the Commission or the Board.
Section 5 – Effectivity
These Rules and Regulations including the Code of Professional Ethics, when approved by the
Commission, shall take effect fifteen (15) days following the date of their publication in the official
Gazette.
Adopted by the Board of Aeronautical Engineering at the Metropolitan Manila, Philippines, this
23rd day of September 1982.
Approved and promulgated as the Rules and Regulations of the Board of Aeronautical
Engineering, this 12th day of October, 1982.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
Honesty, justice, and courtesy form a moral philosophy which, associated with mutual interest
among men, constitutes the foundation of ethics. The engineer should recognize such a standard
not in passive observance but as a set of dynamic principles guiding his conduct and way of life.
It is his duty to practice his profession according to a Code of Ethics and Professional Conduct.
The keystone of professional conduct is integrity. Hence, it behooves the engineer to discharge
his duties with fidelity to the public, his employers and clients, and to be ready to apply his special
knowledge for the benefit of mankind. He should uphold the honor and dignity of his profession
and avoid association with any enterprise or individual of questionable character. In his dealings
with fellow engineers, he should be fair and tolerant.
a. Each and every engineer shall recognize and respect the supreme authority of the State
as expressed through its laws implemented by its agencies, whenever and wherever such
laws do not fringe upon the rights and privileges of citizens as guaranteed by the
Constitution.
b. He shall recognize that the well-being of the public and the interest of the state are above
the well-being and interest of any individual.
c. In the interest of justice, he shall aid the state, if and when the technology he is involved
in is needed in the prevention and/or prosecution of unjust, criminal or unlawful acts.
d. In the interest of good government, he shall extend cooperation to the State in the
accomplishment of its goals and objectives.
e. In the interest of social efficiency, he shall extend assistance, guidance and training to
subordinates under his jurisdiction in order to increase their skill and ability, knowledge
and experience for purposes of eventually increasing their responsibilities.
f. In the interest of national economy and well-being, he shall always strive in the execution
of his work for optimum efficiency, economy and safety.
g. In the interest of national security, the state shall be given primary consideration in all his
inventions and/or devices on aeronautical science and technology useful for national
security and defense.
h. In the event of any national emergency, he shall offer his technology, skill, ability and
experience to the services of the State, even if it will involve personal sacrifices.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
a. He shall interest himself in public welfare and be ready to apply his special knowledge for
the benefit of mankind.
b. He shall guard against conditions that are dangerous or threatening to life, limb, or
property on the work for which he is responsible, or if he is not responsible.
c. He shall have due regard for the safety of life and health of the public who may be affective
by the work for which he is responsible.
e. As a witness before a court, commission, and/or other tribunal, he shall express an opinion
only when it is founded on adequate and honest conviction.
f. He shall not issue statements on matters connected with the public policy, and ex-parte
statements, criticisms, or arguments which are inspired or paid for by private interest,
unless identifies on whose behalf he is making the statements.
g. He shall refrain from expressing in public any opinion on an engineering subject unless
he is fully familiar and knowledgeable will all facts relating to the subject.
h. His integrity shall be unquestionable and he shall discharge his duties and
responsibilities with fidelity to the public, his employers and clients and with fairness and
impartiality to all.
a. He shall act in professional matters as a faithful agent or trustee and treat as confidential
all matters and information concerning business affairs, technical processes, and others,
of his clients and or employers.
b. He shall inform his client or employer of any financial interest on inventions, equipment,
and or any other device, before under taking any engagement in which he may be called
upon to decide on the use thereof.
c. He shall accept any other compensation, financial or otherwise, except from an interested
party for a particular service or other services related therewith, without the consent of
all parties concerned.
d. He shall exercise fairness and justice when dealing with contracts between his clients or
employers and the contractors.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
e. He shall not accept any commissions or allowances, directly or indirectly, from contractors,
suppliers, and all other parties dealing with his clients and/or employers in connections
with the work for which he is responsible.
f. He shall not be financially interested in the bid or bids of contractors, suppliers and other
interested parties participating in a competitive work or job on which he has been
employed as engineer without full knowledge and consent of his clients or employers.
g. He shall not allow any decision in connection with his work for which he has been
employed or on which he may be called to perform, to be affected by interest in any
business.
h. He shall present clearly the consequences to be expected from deviations proposed if his
engineering judgement is overruled by nontechnical authority in cases where he is
responsible for the technical adequacy of engineering work.
i. He shall undertake only those engineering assignments for his qualified. He shall engage
or advise his employer or client to engage specialists and shall cooperate with them
whenever his employer’s or client’s interest are served best by such arrangement.
a. He shall individually or collectively with others in the profession protect the profession
from misunderstanding and/or misrepresentations.
b. He shall not directly or indirectly injure the professional reputation, prospects, and
advancement, and/or practice of other engineers. However, if he has proof or personal
knowledge that an engineer has been unethical and/or illegal in his practices he shall
inform in writing the proper authorities for appropriate action.
c. He shall adequate uphold the principle of appropriate and adequate compensation for
those engaged in the engineering profession, including those in the sub ordinate
capabilities in the interest of public service, and maintain the standards of the profession.
d. He shall not try to supplant another engineer in a particular employment after becoming
aware that definite steps have been taken towards the other’s employment.
e. He shall not complete, by underbidding through reduction in his normal fees on the basis
of charges for work, after having been informed of the charges submitted by another
engineer.
f. He shall be fair and tolerant in his dealings with fellow engineers and give credit to those
to whom credit is properly due.
g. He shall uphold the honor and dignity of his profession and avoid association in
responsibility for work with engineers who do not conform to ethical practices .
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
h. He shall exercise due restraint in criticizing another engineer’s work in public, recognizing
the fact that the engineer’s work in public , recognizing the fact that the engineering
societies and the engineering press provide the proper forum for technical discussions and
criticism.
b. He shall cooperate in upholding the integrity and honor of the profession by avoiding all
conduct and practices that will be discrediting and injurious to the profession.
c. He shall dignified in explaining and discussing his work and shall refrain from self-
laudatory advertising or propaganda.
Mandatory Reading:
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
SAEP as a leading partner and catalyst in the development of the aviation industry, was conceived
within a framework to work for the promotion and advancement of Aeronautical Engineering in
the Philippines.
The Society is an active member of the Philippine Technological Council (PTC), which is the
umbrella organization of 14 Accredited Professional Organizations in the Philippines whose
common ideal is: to create a confederated league wherein all technological associations can
participate and concur in the promotion and provision of quality service and better life for the
Filipino people and better future for the nation.
The need for a law that would regulate the practice of aeronautical engineering as a profession
was strongly felt in the late 1960’s when aeronautical engineering and the jobs available for them
had increased tremendously. Through the efforts of the Society of Aerospace Engineers of the
Philippines (SAEP), Presidential Decree No. 1570, otherwise known as the “Philippine Aeronautical
Decree” was enacted on June 11, 1978.
Subsequently, the first Board of Aeronautical Engineering was constituted on April 6, 1982 with
Brig. Gen. Recaredo R. Albano as Chairman and Engrs. Timoteo A. Cordova, Jr. and Teofilo P.
Alberto as Members. It conducted its first licensure examination in July 1983. Successful
examinees took their oath in November of the same year.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
On March 1984, the SAEP was renamed the Society of Aerospace Engineers of the Philippines
and was registered with the Securities and Exchange Commission (SEC) with the new Articles of
Incorporation and By Laws. It was accredited by the PRC as the national professional organization
of aeronautical engineers on April 30, 1984.
SAEP Logo
Mission
The Society of Aerospace Engineers of the Philippines shall develop and advance the Aeronautical
Engineering profession towards its recognition in the international aviation industry through:
Vision
The Society of Aerospace Engineers of the Philippines shall be geared towards the pursuit for
recognition in the international aviation community.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
• Reorganization of the CAB and the CAA, defining their powers and duties.
• The provisions of this Act and the rules and regulations issued pursuant thereto shall not
apply except with respect to air traffic rules, to military aircraft and airmen of the
Philippines and of foreign countries and to foreign civil and public aircraft and airmen other
than those covered by Chapters III and IV hereof.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
• "Aircraft engine" means an engine used or intended to be used for propulsion of aircraft
and includes all parts, appurtenances, and accessories thereof other than propellers.
• "Aircraft radio station" means a radio station on board any aircraft.
• "Airmen" means any individual who engages, as the person in command or as pilot,
mechanic, 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 engine, propellers, or appliances; and any individual who
serves in the capacity of aircraft dispatcher or air-traffic control operator.
• "Air navigation facility" means any facility used in, available for use in or designed for
use, in aid of air navigation, including areas, lights, any apparatus or equipment for
disseminating weather information, for signaling, for radio-directional finding, or for radio
or other electrical 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.
• "Airways" means a path thru the navigable air space identified by an area of specified
width on the surface of the earth designated or approved by the Administrator as suitable
for air commerce or air transportation.
• "Airworthiness" means that an aircraft, its engines, propellers, and other components
and accessories, are of proper design and construction being consistent with accepted
engineering practice and in accordance with aerodynamic laws and aircraft science.
• "Appliances" means instruments, equipment, apparatus, parts, appurtenances, or
accessories, of whatever description, which are used or are capable of being or intended
to be used in navigation, operation, or control of aircraft in flight (including parachutes
and communication equipment and any other mechanism or mechanisms installed in or
attached to aircraft during flight), and which are not a part or parts of aircraft, aircraft
engines or propellers.
• "Board" means the Civil Aeronautics Board
• "Citizen of the Philippines" means (a) an individual who is a citizen of the Philippines,
or (b) a partnership of which each member is such an individual or (c) a corporation or
association created or organized under the laws of the Philippines, of which the directing
head and two-thirds or more of the Board of Directors and other managing officers are
citizens of the Philippines, and in which sixty per centum of the voting interest is owned
or controlled by persons who are citizens of the Philippines.
• "Civil Aircraft" means any aircraft other than a public aircraft.
• "Domestic Air Carrier" means an air carrier who is a citizen of the Philippines: Provided,
That an air carrier who is not a citizen of the Philippines but who may be allowed to
engage in domestic and/or foreign air transportation, or domestic and/or foreign air
commerce, in accordance with the provisions of Section Twelve, Chapter IV of this Act,
shall to all intents and purposes, be classified as a domestic air carrier.
• "Domestic air commerce" means and includes air commerce within the limits of the
Philippine territory.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
• "Domestic air transportation" means air transportation within the limits of the
Philippine territory.
• "Flight radio operator" means and includes a member of the operating crew of aircraft
who is granted a radio operator's license by the Civil Aeronautics Administrator to operate
aircraft radio station. "Cargo sales agent" means any person, who does not directly
operate an aircraft for the purpose of engaging in air transportation or air commerce and
not bona fide employee of an air carrier, who as principal or agent, sells or offers for sale
any air transportation of cargo, or negotiates for, or holds himself out of solicitation,
advertisement, or otherwise as one who sells, provides, furnished, contracts or arranges
for such air transportation of cargo.
• "Airfreight forwarder" means any indirect air carrier which, in the ordinary and usual
course of its undertaking, assembles and consolidates or provides for assembling and
consolidating such property or performs or provides for the performance of break-bulk
and distributing operations with respect to consolidated shipments, and is re- sponsible
for the transportation of property from the point of receipt to point of destination and
utilizes for the whole or any part of such transportation the services of a direct air carrier.
• "Cargo sales agent" means any person, who does not directly operate an aircraft for
the purpose of engaging in air transportation or air commerce and not bona fide employee
of an air carrier, who as principal or agent, sells or offers for sale any air transportation of
cargo, or negotiates for, or holds himself out of solicitation, advertisement, or otherwise
as one who sells, provides, furnished, contracts or arranges for such air transportation of
cargo.
• "Airfreight forwarder" means any indirect air carrier which, in the ordinary and usual
course of its undertaking, assembles and consolidates or provides for assembling and
consolidating such property or performs or provides for the performance of break-bulk
and distributing operations with respect to consolidated shipments, and is re- sponsible
for the transportation of property from the point of receipt to point of destination and
utilizes for the whole or any part of such transportation the services of a direct air carrier.
In the exercise and performance of its powers and duties under this Act, the Civil Aeronautics
Board and the Civil Aeronautics Administration shall consider the following among other things,
as being in the public interest, and in accordance with the public convenience and necessity:
• Development and utilization of air potential of the Philippines;
• The encouragement and development of an air transportation system properly adapted
to the present and future of foreign and domestic commerce of the Philippines, of the
Postal Service, and of the National Defense;
• The regulation of air transportation in such manner as to recognize and preserve the
inherent advantages of, assure the highest degree of safety in and foster sound economic
conditions in such transportation, and to improve the relations between, and coordinate
transportation by air carriers;
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
• The promotion of adequate, economical and efficient service by air carriers at reasonable
charges without unjust discriminations, undue preferences or advantages, or unfair or
destructive competitive practices.
• Competition between air carriers to the extent necessary to assure the sound development
of an air transportation system properly adapted to the need of the foreign and domestic
commerce of the Philippines, of the Postal Service, and of the National Defense.
• To promote safety of flight in air commerce in the Philippines; and
• The encouragement and development of civil aeronautics.
Board of 5 Members
• Chairman:
o Department of Transportation and Communication (DOTC) Secretary
• Vice-Chairman:
o Assistant Secretary for Air Transportation (DOTC)
• Members:
o Commanding General (PAF) and
o Two (2) appointees by the President of the Philippines
In the absence of Executive Director and Deputy Executive Director, the Chairman may
designate a senior member of the staff who shall act as Officer-In-Charge
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
The Chairman upon recommendation of the Board, may engage, for temporary service such duly
qualified persons as are necessary and shall fix their compensation.
The Board shall make an annual report of the President which shall contain such information and
data collected by the Board as may be considered of value in the determination of questions
connected with the development of civil aeronautics, together with such recommendations as to
additional legislation relating thereto as the Board may deem necessary.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
(A) The power to regulate the economic aspect of air transportation, and shall have the
general supervision and regulation of, the jurisdiction and control over, air carriers, general sales
agents, cargo sales agents, and airfreight forwarders as well as their property, property rights,
equipment, facilities, and franchise,
(B) The Board may perform such acts, conduct such investigations, issue and amend such orders,
and make and amend such general and special rules, regulations, and procedures
(C) The Board shall have the following specific powers and duties:
1. To issue, deny, amend, revise, alter, modify, cancel, suspend, or revoke, in whole or in
part, upon petition or complaint, or upon its own initiative, any temporary operating permit
or Certificate of Public Convenience and Necessity; Provided, however, That in the case
of foreign air carriers, the permit shall be issued with the approval of the President of the
Republic of the Philippines.
2. To fix and determine reasonable individual, joint or special rates, charges or fares, which
an air carrier may demand, collect or receive for any service in connection with air
commerce. The Board may adopt any original, amended, or new individual, joint or special
rates, charges or fares proposed by an air carrier if the pro- posed individual, joint, or
special rates, charges for fares are not unduly preferential or unduly discriminatory or
unreasonable. The burden of proof to show that the proposed individual, joint or special
rates, charges or fares are just and reasonable shall be upon the air carrier proposing the
same.
In fixing rates, charges, fares under the provisions of this Act, the Board shall take into
consideration, among other factors:
a. The effect of such rates upon the movement of traffic;
b. The need in the public interest of adequate and efficient transportation of persons
and property by air carriers at the lowest cost consistent with the furnishing of
such service.
c. Such standards respecting the character and quality of service to be rendered by
air carriers as may be prescribed by or pursuant to law;
d. The inherent advantages of transportation by aircraft; and
e. The need of each air carrier for revenues sufficient to enable such air carrier, under
honest, economical, and efficient management, to provide adequate and efficient
air carrier service.
3. To authorize any type of charters whether domestic or international and special air
services or flight under such terms and conditions as in its judgment public interest
requires. Notwithstanding the existence of bilateral air agreement, the CAB is authorized
to grant any foreign airline increase in frequencies and/or capacities on international
routes when in its judgment the national interest requires it, provided that the utilization
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
of the increase frequencies and capacities is not more than thirty days. All grants of
frequencies and/or capacities shall be subject to the approval of the President.
4. To approve or disapprove increase and/or decrease of capital, lease, purchase, sales of
aircraft of air carrier engaged in air commerce; consolidation, merger, purchase, lease and
acquisition and control of operating contracts between domestic foreign air carriers, or
between domestic air carriers or any person engaged in any phase of aeronautics.
5. To inquire into the management of the business of any air carrier and, to the extent
reasonably necessary for such inquiry, to obtain from such carrier, and from any person
controlling, or controlled by, or under common control with, such air carrier, full and
complete reports and other information. Such reports shall be under oath whenever the
Board so requires.
6. To require annual, monthly, periodical, and special reports from any air carrier, to
prescribe the manner and form in which such reports shall be made, and to re- quire from
any air carrier specific answers to all questions upon which the Board may deem
information to be necessary. Such reports shall be under oath whenever the Board so
requires. The Board may also require any air carrier to file with it any contract, agreement,
understanding or arrangement, or a true copy thereof, between such air carrier and any
other carrier or person, in relation to any traffic affected by the provisions of this Act.
7. To prescribe the forms of any and all accounts, records, and memoranda of the movement
of traffic, as well as of the receipts and expenditures of money, and the length of times
such accounts, records and memoranda shall be preserved: Provided, that any air carrier
may keep additional accounts, records, or memoranda if they do not impair the integrity
of the accounts, records, or memoranda prescribed or approved by the Board and do not
constitute an undue financial burden on such air carrier.
8. To require each officer and director of any air carrier to transmit a report describing the
shares of stock with any persons engaged in any phase or other interest held by such air
carrier of aeronautics, and the holding of the stock in and control of, other persons
engaged in any phase of aeronautics.
(D) The Board may investigate, upon complaint or upon its own initiative whether any individual or
air carrier, domestic or foreign, is violating any provision of this Act, or the rules and regulations
issued thereunder, and shall take such action consistent with the provisions of this Act, as may
be necessary to prevent further violation of such provision, or rules and regulations so issued.
(E) The Board may issue subpoena or subpoena duces tecum require the at- tendance and testimony
of witness in any matter or inquiry pending before the Board or its duly authorized
representatives, and require the production of books, papers, tariffs, contracts, agreements and
all other documents submitted for purposes of this section to be under oath and verified by the
person in custody thereof as to the truth and correctness of data appearing in such books, papers,
tariffs, contracts, agreements and all other documents.
(F) The Board may review, revise, reverse, modify or affirm on appeal any administrative decision or
order of the Administrator on matter pertaining to:
(1) Grounding of airmen and aircraft or
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
(2) Revocation of any certificate or the denial by the Administrator of issuance of any
certificate; or
(3) Imposition of civil penalty of fine in connection with the violation of any provision of
this Act or rules and regulations issued thereunder.
(G) The Board shall have the power, either on its own initiative or upon re- view on appeal from an
order or decision of the Administrator, to determine whether to impose, remit, mitigate, increase,
or compromise, such fines and civil penalties as the case may be.
(H) (1) The Civil Aeronautics Board shall be advised of, and shall consult with the Department of
Foreign Affairs concerning the negotiation of any air agreement with foreign governments for the
promotion, establishment, or development of foreign air transportation.
(2) In exercising and performing its powers and duties under the provisions of this Act, the Civil
Aeronautics Board shall take into consideration the obligation assumed by the Republic of the
Philippines in any treaty, convention or agreement with foreign countries on matters affecting
civil aviation.
Certificate of Public Convenience and Necessity is a permit issued by the Board authorizing a
person to engage in air commerce and/or transportation, foreign and/or domestic. No person
shall engage in air commerce unless there is in force a permit issued by the Board.
No general sales agent, cargo sales agent or airfreight forwarder shall engage in any of the
activities, unless there is in force a permit or any other form of authorization issued by the Board.
No permit shall confer any proprietary, property, or exclusive right in the use of any air space,
civil airway, landing area of government air navigation facility.
The permit shall, among others specify the terminal and intermediate points, if any, between
which the air carrier is authorized to operate the service to be rendered, the time of arrival and
departure at each point, and the frequency of flights. Provided, that no change in routes, rates,
schedules or frequency nor supplemental or additional flights to those covered by an air
commerce permit or franchise shall be affected without prior approval of the Civil Aeronautics
Board. In so far as the operation is to take place within the Philippines, the permit shall designate
the terminal and intermediate points only insofar as the Board shall deem practicable, and
otherwise shall designate only the general route or routes to be followed.
No carrier shall abandon any route, or part thereof for which a permit has been issued, unless
upon findings by the Civil Aeronautics Board that such an abandonment is uneconomical and is
in the public interest.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
SECTION 13. Conduct of Proceedings. - The Board shall conduct its proceedings in such
manner as will be conducive to the proper dispatch of business and to the ends of justice. All
hearings and investigations before the Civil Aeronautics Board shall be governed by the rules of
procedure adopted by the Board and in the conduct thereof the Board shall not be bound by the
technical rules of evidence.
SECTION 14. Delegation of authority to conduct hearings. The Board may designate in
writing any of its members or any of its officer to conduct hearings and investigations on any
matter pending before the Board and for that purpose the person so designated shall have
authority to administer oaths, issue subpoena and subpoena duces tecum, require the attendance
and testimony of witnesses, examine witnesses, make ocular inspection of or enter into any airline
establishment, building, place or premise in the performance of its official business.
SECTION 15. Application of Permit. Application for permit shall be made to the Board in writing
and shall be verified. Said application shall be in such form, shall contain such information, and
shall be accompanied by such proof of service upon such interested persons as the Board shall
by regulation require.
SECTION 16. Notice. - Upon the filing of any such application, the Board shall give due notice
thereof: (1) to the public, by posting a notice of such application in the Office of the Civil
Aeronautics Board and by publication once a week for three consecutive weeks, at the expense
of the applicant, in a newspaper of general circulation, and (2) to such other persons as the Board
may be regulation determine: Provided, however, That notice or publication may be dispensed
with the Board wherever, in its judgment, the public interest so require. Any interested person
may file with the Board a memorandum in support of, or in opposition to, the issuance of the
permit.
SECTION 17. Time and place of meeting. - Within a week after the last publication of the
application as provided in Section 16 of this Act, the Board or its duly designated representative
shall set the time and the place for the meeting of the parties interested in said application or
their attorneys, and shall notify said parties or their attorneys in writing to appear: Provided,
That, if publication has been dispensed with, the Board shall immediately set the time and place
for the meeting of the parties.
SECTION 19. Deposition. - The Board or its duly designated representative may, in any
investigation or hearing, by order in writing, cause the depositions of witnesses residing within or
without the Philippines to be taken in the manner prescribed by the Rules of Court.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
Witnesses whose depositions are necessary shall be entitled to mileage fees at the same rate as
those allowed in the Courts of First Instance.
SECTION 20. Hearings and records of proceedings. - Hearings on all applications shall be
open to the public unless the Board shall determine otherwise for reasons of national security.
Proceedings shall be recorded in such form and manner as may be determined by the Board and
the record of proceedings shall become part of the records of the application.
SECTION 21. Issuance of permit. - The Board shall issue a permit authorizing the whole or any
part of the service covered by the application, if it finds; (1) that the applicant is fit, willing and
able to perform such service properly in conformity with the provisions of this act and the rules,
regulations, and requirements issued thereunder, and (2) that such service is required by the
public convenience and necessity, otherwise the application shall be denied.
SECTION 23. Transfer of permit. - No permit may be transferred without the prior approval of
the Board.
SECTION 24. Effective date and duration of permit. - Each permit shall be effective from the
date specified therein and shall continue in effect until suspended or revoked or until the Board
shall certify that operation thereunder has ceased: Pro- vided, That if any service authorized by
a permit is not inaugurated within a period of ninety days after the date of authorization as shall
be fixed by the Board or after such other period as may be designated by the Board, the Board
may by order direct that such permit shall thereupon cease to be effective to the extent of such
service; Provided, further, That no permit shall be issued for a period of more than twenty five
(25) years.
SECTION 25. Organization of the Civil Aeronautics Administration. - The Civil Aeronautics
Administration shall be under the Administrative supervision and control of the Department of
Commerce and Industry. The Civil Aeronautics Administration shall have one Chief and one
Deputy Chief who shall be known as "Administrator" and "Deputy Administrator", respectively.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
SECTION 26. The Civil Aeronautics Administrator. - The Administrator shall be appointed by
the President of the Philippines with the consent of the Commission on Appointments, and shall
receive an annual basic salary of seven thousand two hundred pesos and, subject to the approval
of the President, additional salary of one thousand eight hundred pesos per annum. He shall be
the Administrative head of the Civil Aeronautics Administration and shall possess the powers
generally conferred upon bureau heads. He shall administer all laws relating to civil aviation in
the Philippines. He shall submit in writing to the Department head annually or as often as may
be required, reports of the activities and transactions of his office.
SECTION 27. The Deputy Administrator. - The Deputy Administrator shall be appointed by
the President with the consent of the Commission on Appointments. He shall receive an annual
basic salary of six thousand pesos.
SECTION 29. Permanent divisions. - The Civil Aeronautics Administration shall have such
permanent divisions as may be determined by Administrative regulations or office orders duly
approved by the Secretary of Commerce and Industry, which shall likewise determine the rate of
compensation for the chiefs of division and their subordinate personnel, as well as other matters
of detail concerning internal organization.
SECTION 30. Officials and employees. - Upon recommendation of the Administrator, such
officers, assistants and employees as may be necessary for the proper functioning of the Civil
Aeronautics Administration shall be appointed by the Secretary of Commerce and Industry. The
Administrator may assign within the limits of available funds, officers, assistants, and other
personnel for study and training abroad.
All rated and/or licensed airmen and such other authorized personnel of the Civil Aeronautics
Board and/or Civil Aeronautics Administration who may be required to undertake or perform
regular and frequent aerial flights in connection with their duties, shall at the discretion of the
head of the office receive an increase in compensation equivalent to fifty per centum of their
respective base pay. Provided, however, That the total flying hours per month shall not be less
than four hours.
Whenever the Administrator shall require the personnel of the Civil Aeronautics Administration to
work beyond the usual office hours, the employees concerned shall in all cases be entitled to
receive, as additional compensation for the overtime work performed, at lease twenty-five per
centum of their regular salaries.
SECTION 31. Temporary personnel. - The Administrator may, with the approval of the
President, engage for temporary service such duly qualified consulting experts or other qualified
persons as he may find necessary, and fix their compensation.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
SECTION 32. Powers and duties of the Administrator. - Subject to the general control and
supervision of the Department Head, the Administrator shall have among others, the following
powers and duties:
(1) To carry out the purposes and policies established in this Act; to enforce the provisions
of, the rules and regulations issued in pursuant to, said Act, and he shall primarily be
vested with authority to take charge of the technical and operational phase of civil aviation
matters.
(2) To designate and establish civil airways, and to acquire, control, operate and maintain
along such airways, air navigation facilities and to chart such airways and arrange for their
publication including the aeronautical charts or maps required by the international
aeronautical agencies by utilizing the equipment, supplies or assistance of existing
agencies of the governments as far as practicable.
(3) To issue airman's certificate specifying the capacity in which the holder thereof is
authorized to serve as airman in connection with aircraft and shall be issued only upon
the finding that the applicant is properly qualified and physically able to perform the duties
of the position. The certificate shall contain such terms, conditions and limitations as the
Administrator may determine to be necessary to assure safety in air commerce: Provided,
however, That the airman's license shall be issued only to qualified persons who are
citizens of the Philippines or qualified citizens of countries granting similar rights and
privileges to citizens of the Philippines.
(4) To issue airworthiness certificate for aircraft which shall prescribe the duration of such
certificate, the type of service for which the aircraft may be used, and such other terms
and conditions and limitations as are required.
(5) To issue air carrier operating certificate and to establish minimum safety standards for the
operation of the air carrier to whom such certificate is issued. The air carrier operating
certificate shall be issued only to aircraft registered under the provisions of this Act.
(6) To issue type certificate for aircraft, aircraft engine, propellers and appliances.
(7) To inspect, classify and rate any air navigation facilities and aerodromes available for the
use of aircraft as to its suitability for such use and to issue a certificate for such air
navigation facility and aerodrome; and to determine the suitability of foreign aerodromes,
and navigation facilities as well as air routes to be used prior to the operation of Philippine
registered aircraft in foreign air transportation and from time to time thereafter, as may
be required in the interest of safety in air commerce.
(8) To issue certificates of persons or civil aviation schools giving instruction in flying, repair
stations, and other air agencies and provide for the examination and rating thereof.
(9) To promulgate rules and regulations as may be necessary in the interest of safety in air
commerce pertaining to the issuance of the airman's certificate including licensing of
operating and mechanical personnel, type certificate for aircraft, aircraft engines,
propellers and appliances, airworthiness certificate, air carrier operating certificate, air
agency certificate, navigation facility and aerodrome certificate, air traffic routes, radio
and aeronautical telecommunications and air navigation aids, aircraft accident inquiry,
aerodromes, both public and private owned; constructing of obstructions to aerodromes,
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INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
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INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
(19) To participate actively with the largest possible degree in the development of international
standardization of practices in aviation matters important to safe, expeditious, and easy
navigation, and to implement as far as practicable the international standards,
recommended practices, and policies adopted by appropriate international aeronautical
agencies.
(20) To exercise and perform its powers and duties under this Act consistent with any obligation
assumed by the Republic of the Philippines in any treaty, convention or agreement on civil
aviation matters.
(21) To cooperate, assist and coordinate with any 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.
(22) To designate such prohibited and danger areas, in consonance with the requirements of
the international aeronautical agencies and national security.
(23) To issue, deny, cancel or revoke any certificate, permit or license pertaining to aircraft,
airmen, and air agencies: Provided, That any order denying, canceling, revoking the
certificate, permit or license may be appealed to the Civil Aeronautics Board, whose
decisions shall be final, within fifteen days from the date of notification of such denial,
cancellation or revocation.
(24) To administer, operate, manage, control, maintain and develop the Manila International
Airport and all government owned aerodromes except those controlled or operated by the
Armed Forces of the Philippines, including such powers and duties as: (a) To plan, design,
construct, equip, expand, improve, repair or alter aerodromes or such structures,
improvements, or air navigation facilities; (b) to enter into, make and execute contracts
of any kind with any persons, firm, or public or private corporation or entity; (c) to acquire,
hold, purchase, or lease any personal or real property, right of ways, and easement which
may be proper or necessary; Provided, That no real property thus acquired and any other
real property of the Civil Aeronautics Administration shall be sold without the approval of
the President of the Philippines; (d) to grant to any person, such concession rights on
space or property within or upon the aerodrome for purposes essential or appropriate to
the operation of the aerodrome upon such terms and conditions as the Administrator may
deem proper; Provided, however, That the exclusive use of any landing strip or runway
within the aerodrome shall not be granted to any person; (e) to determine the types of
aircraft that may be allowed to use any of the aerodromes under its management and
control in the interest of public safety; (f) to prescribe, adopt, establish and enforce such
rules and regulations consistent with existing laws, rules and regulations, as may be
necessary for the safety, health and welfare of the public within the aerodrome.
(25) To determine, fix, impose, collect and receive 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 rental
for the use of any of the property under its management and control, as used in this sub-
section:
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INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
(1) "Landing fees" refer to all charges for the use of any landing strip or run-
way by any aircraft landing or taking off at an aerodrome.
(2) "Terminal fees" refer to charges for parking at or near the ramp, terminal
area, or building, for purposes of loading or unloading passengers and/or
cargo.
(3) "Royalties" refer to all charges based on gross business or sales, or gross or
net profit.
(4) "Supplies" include any and all items of whatever nature or description which
may be necessary for, or incident to, the operation of an aircraft.
(26) To grant permit to civil aircraft or persons to carry instrument or photographic devise to
be used for aerial photography or taking of pictures by photo- graph or sketching of any
part of the Philippines.
SECTION 33. The Civil Aeronautics Administration shall make an annual report on the Department
Head which shall contain such information and data as may be considered of value in the
development of civil aeronautics and such recommendation as to additional legislation on civil
aeronautics as may be deemed necessary.
SECTION 34. Eligibility for registration. - Except as otherwise provided in the Constitution and
existing treaty or treaties, no aircraft shall be eligible for registration unless it is owned by a citizen
or citizens of the Philippines and is not registered under the laws of any foreign country.
Such certificate shall be conclusive evidence of nationality for international purposes, but not in
any proceedings under the laws of the Republic of the Philippines.
SECTION 35. Application for aircraft registration. - Application for certificate of registration
shall be made in writing, signed and sworn to by the owner of any aircraft eligible for registration.
The application shall also state: (1) the date and place of filing; (2) the specification, construction,
and technical description of the aircraft, and (3) such other information as may be required by
the Administrator in such manner and form as the Administrator may by regulations prescribe.
SECTION 37. Revocation. - Any certificate of registration may be revoked by the Administrator
for any cause which renders the aircraft ineligible for registration.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
SECTION 39. Form of conveyance. - No conveyance may be recorded under the provisions of
this Act unless it complies with the requirements for the registration of documents affecting land.
The conveyance to be recorded shall also state: (1) the interest in the aircraft of the person by
whom such conveyance is made or executed or, in the case of a contract of conditional sale, the
interest of the vender; and (2) the interest transferred by the conveyance.
Section 40. Method of recording. - The Administrator shall record conveyance delivered to it
in the order of their receipt, in files kept for that purpose, indexed to show:
(c) The date of the instrument and the date and time it is recorded;
(e) If such conveyance is made as security for indebtedness, the amount and date of
security of such indebtedness; and
(f) All particular estates, mortgages, liens, lease, orders, and other encumbrances and all
decree, instruments, attachments, or entries affecting aircraft and other matters
properly determined under this Act.
SECTION 41. Previously unrecorded ownership. - Applications for the issuance or renewal of
an airworthiness certificate for aircraft whose ownership has not been recorded as provided in
this Act shall contain such information with respect to the ownership of the aircraft as the
Administrator shall deem necessary to show who have property interests in such aircraft and the
nature and extent of such interest.
(A) Any person engaging in air commerce without a permit issued by the Board as provided
in this Act shall be punished by a fine not exceeding five thousand pesos or by
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
imprisonment for not more than one year, or both, in the discretion of the court: Provided,
That a person engaging in air commerce on the date of the approval of this Act may
continue so to engage until such time as the Board shall pass upon an application for a
permit for such service, which application must be filed, as provided in Chapter IV of this
Act within one hundred and twenty days after the approval of this Act.
(B) Any air carrier or person who violates or fails to comply with any provision of this Act of
the terms, conditions, or limitations in a permit or amendment thereto or any orders,
rules, or regulations, issued by the Board, shall be subject to a fine not exceeding five
thousand pesos for each violation. In addition thereto, a fine not exceeding two hundred
pesos per day for every day during which such default or violation continues shall likewise
be imposed. The Board is hereby empowered to impose such fine, after due notice and
hearing.
The fines so imposed shall be paid to the government of the Philippines through the Board,
and failure to pay fine in any case within the time specified in the order or decision of the
Board shall be a ground for the suspension of the permit of such air carrier until payment
shall be made. Payment may also be enforced by appropriate action brought to a court of
competent jurisdiction.
The other fines as penalty for violation prescribed elsewhere under this Section are
amended and/or modified accordingly.
(C) Any air carrier violating any order, rule or regulation issued by the Board shall be punished
by a fine not exceeding one thousand pesos for each offense:
(D) Any person who operates any civil aircraft in violation of any rule, regulation or order
issued by the Administrator relating to aeronautical safety standards or practices or
procedures shall be punished by a fine not exceeding five thousand pesos or by
imprisonment for not more than one year, or both, in the discretion of the Court.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
(E) Any person who, without the previous approval of the Civil Aeronautics Board, effects any
consolidation, merger, purchase, lease, operating contract or acquisition and control
between domestic air carriers, or between domestic carrier and any person engaged in
any phase of aeronautics shall be punished by a fine of five thousand pesos or by
imprisonment for not more than one year, or both, in the discretion of the Court.
(F) No person shall use an unregistered aircraft eligible for registration under the provisions
of this Act, any person who operates such aircraft shall be punished by a fine not
exceeding five thousand pesos or by imprisonment for not more than six months, or both,
in the discretion of the Court.
(G) Any person serving in any capacity as an airman in connection with any civil aircraft
without an airman certificate, or in violation of the terms of any such certificate or in
excess of the rating of such certificate shall be punished by a fine not exceeding five
thousand pesos. The repetition of this offense shall be sufficient cause for the revocation
of the airman's certificate.
(H) Any person who employs in connection with any civil aircraft used in air commerce and
airman who does not have an airman's certificate authorizing him to serve in the capacity
for which he is employed, shall be punished by a fine not exceeding five thousand pesos.
A repetition of the offense shall be sufficient cause for revocation of the permit.
(I) Any person who operates any civil aircraft for which there is not currently in effect an
airworthiness certificate or in violation of the terms of such certificate shall be punished
by a fine not exceeding five thousand pesos. The repetition of this offense shall be
sufficient cause for the revocation of the permit.
(J) Any person who without previous approval and authorization of the Board, shall adopt,
establish, maintain, change, revise, abandon, alter, amend, defer, reject, discontinue,
suspend, or restore, any classification, rule or regulation or practice affecting routes,
itineraries, schedules, classifications, increase or decrease of frequency of flights, in any
manner whatsoever, shall be punished by a fine of five thousand pesos. The repetition of
such offense shall be sufficient cause for revocation of the permit.
(K) No person shall interfere, obstruct, hinder, or delay the Civil Aeronautics Board or any
person duly delegated by the Board in the performance of its duties in the public interest.
(L) No person shall interfere with air navigation. A fine not exceeding five thousand pesos or
imprisonment for not more than one year, or both, in the discretion of the court, shall be
imposed upon any person who:
(1) 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
(2) After due warning by the Administrator, continuous to maintain any misleading light
or signal; or
(3) Knowingly removes, extinguishes, or interfere with the operation of any true light or
signal.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
(M) Any person, who shall knowingly and willfully forge, counterfeit, alter, or falsely make any
certificate authorized to be issued under this Act or knowingly use or attempt to use any
fraudulent certificate shall be punished by a fine not exceeding five thousand pesos or
imprisonment for not more than one year, or both in the discretion of the court.
(N) For the purpose of carrying out the provisions of this section, the manager, or general
manager or business manager, or person in charge of the business of the firm or
corporation committing an unlawful act shall be held personally liable.
(O) The Administrator may file the necessary complaints for the imposition of the penalties
provided by this Act.
SECTION 43. General Penalty. Any violation of the provisions of this Act, or any order, rules or
regulation issued thereunder, or any term, condition or limitation of any certificate or permit
issued under this Act for which no penalty is expressly provided shall be punished by a fine not
exceeding five hundred pesos for each violation.
SECTION 44. Compromise Regarding Penalty. The Civil Aeronautics Board may enter into
compromise with respect to any penalty or fine imposed by virtue of the provisions of this Act.
Failure to comply with the order or decision of the Board respecting such compromise shall
deemed good and sufficient reason for the suspension of the permit or any certificate until
compliance is made. Compliance may also be enforced by appropriate action brought in a court
of competent jurisdiction.
SECTION 45. Enforcement of Orders. - The orders, decisions, and regulations of the Board
and the terms and conditions of any certificate issued by it may be enforced by any of the Civil
remedies provided by existing law.
SECTION 46. Effective date of orders and decisions. - All orders, rules and regulations of the
Civil Aeronautics Board shall take effect at such time the Board may prescribe. Whenever the
Board is of the opinion that an emergency requiring immediate action exists in respect to safety
in air navigation, it may, upon compliant or upon its initiative, make such just and reasonable
orders, rules and regulations as may be essential in the interest of safety in air navigation to meet
such emergency with answer or other form of pleading by the interested person or persons, with
or without notice, hearing, or the making or filing of a report: Provided, that the Board shall
immediately initiate proceeding relating to the matters embraced in any such order, rule, or
regulation and shall, in so far as practicable, give preference to such proceedings over all others
under this Act.
SECTION 47. Reconsideration of Orders. - Any interested party may request the
reconsideration or any order, ruling or decision of the Civil Aeronautics Board by petition filed
within fifteen days from the date of the notice of the said order, ruling or decision made by the
Board. The petition shall clearly and specifically state the grounds for reconsideration. Copies of
said petition shall be served on all parties interested in the matter. It shall be the duty of the
Board to call a hearing on said petition without delay; after notice to all parties concerned, and
after hearing, to decide the same as soon as practicable.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
SECTION 48. Finality of Decision, Order or Ruling. - Decisions, order and/or ruling of the
Board shall become final and conclusive after fifteen days from the date thereof unless appealed
within said period to the Supreme Court by certiorari.
SECTION 49. Judicial Review. - The Supreme Court may review any order, ruling or decision
of the Board and modify or set aside such order, ruling or decision when it clearly appears that
there was no evidence before the Board to support reasonably such order, ruling, or decision, or
that the same is contrary to law or that the Board has no or has exceed its jurisdiction. The
evidence presented to the Board together with the record of proceedings before the Board shall
be certified by the Secretary of the Board to the Supreme Court.
SECTION 50. Fees. - For services rendered and documents issued by the Civil Aeronautics
Administration and/or Civil Aeronautics Board, the following fees shall be charged and collected:
(1) For filing of an application to engage in air commerce, two hundred and fifty pesos;
(2) For filing of an application for ratings of aviation schools and other agencies, one hundred
pesos;
(3) For each airman's certificate issued, a maximum charge of fifty pesos;
(4) For certifying copies of official documents and orders in the files of the Civil Aeronautics
Administration and Civil Aeronautics Board, fifty centavos per copy, plus twenty centavos
for each page of folio so certified;
(5) For certified transcripts of notes of the Civil Aeronautics Administration or Civil Aeronautics
Board, thirty centavos for each page of not less than two hundred words;
(6) For the registration of aircraft, a maximum fee of fifty pesos for every aircraft registered,
regardless of type;
(7) For the registration of engines, propellers and/or appliances, a fee of ten pesos for every
engine, propeller and/or appliance registered.
SECTION 51. Other Fees. - When any act of service has been performed or rendered by the
Civil Aeronautics Administration or the Civil Aeronautics Board under the provisions of this Act for
which no fee has been fixed by law, such fees shall be collected as may from time to time be
prescribed by the Civil Aeronautics Administration or the Civil Aeronautics Board, as the case may
be: Provided, however, That those to be prescribed by the Civil Aeronautics Administration shall
be with the approval of the Department Head.
SECTION 52. Disposition of receipt. - All money collected by the Civil Aeronautics
Administration under the provisions of this Act shall constitute a revolving fund and shall be
disbursed for the construction, repair, maintenance and improvement of government air
navigation facilities; Provided, however, That any and all sums to be de- rived and collected for
the Manila International Airport as well as cash and collections on accounts receivable standing
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
to the credit of the National Airports Corporation and the Manila International Airport Division
shall accrue to the Manila International Airport revolving fund which shall be disbursed by the
Civil Aeronautics Administration for the operation of the Manila International Airport and for such
other expenses as may be necessary, appropriate or incidental in connection therewith.
SECTION 54. The provisions of Commonwealth Act Numbered Ninety-Seven Commonwealth Act
Numbered One Hundred and Sixty-Eight as amended by Common- wealth Act Numbered Five
Hundred and Twenty-Five, section One Hundred and Thirty- Six to One Hundred and Fifty of
Executive Order Numbered Ninety-Four dated October Four, Nineteen Hundred and Forty-Seven,
sections Two, Three, Four and Six of Executive Order Numbered Three Hundred and Sixty-Five
dated November Ten, Nineteen Hundred and Fifty, and Republic Act Numbered One Hundred and
Fifty Eight, and all other laws, executive orders, administrative orders or proclamations or parts
thereof in- consistent with the provisions of this Act are hereby repealed or modified accordingly.
The present personnel, of, and all unexpended balances of appropriations available to, the Civil
Aeronautics Administration created under the aforementioned Executive Orders shall be
transferred to, and shall be available for use by the Civil Aeronautics Administration reorganized
under this Act, respectively.
SECTION 55. Appropriation. - The sum of sixty thousand pesos or so much thereof as may be
necessary is authorized to be appropriated out of any funds in the National Treasury not otherwise
appropriated for the purpose of carrying out the pro- visions of sections Seven and Eight, Chapter
III, of this Act, and the sum of sixty thou- sand pesos or so much thereof as may be necessary,
is authorized to be appropriated out of any funds in the said Treasury not otherwise appropriated
for carrying out the pro- visions of sections Twenty-Six, Thirty and Thirty-One, Chapter V, of this
Act.
SECTION 56. Effectivity. - This Act shall take effect upon its approval.
Supplemental Reading:
(RA 776):
https://drive.google.com/drive/folders/1ngM-0xe-CU2qM-
VlUFd0pEy7VBpZbLvN?usp=sharing
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
With the aims of providing efficient and safe air travel and regulatory services in the country, the
Republic Act No. 9497 has been established. This act is called the Civil Aviation Authority Act of
2008 and created the country’s national aviation authority —Civil Aviation Authority of the
Philippines (CAAP).
The Civil Aviation Authority of the Philippines’ present Director General is Capt. Jim C.
Sydiongco, with Capt. Donaldo A. Mendoza as the Deputy Director General for
Operations/Flight Standards and Inspectorate Service.
The contents of this module are excerpts from the Republic Act No. 9497. You are implored to
read the article during your free time.
“Aerial work” 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” 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.
“Air carrier or operator” 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 commerce or commercial air transport operation” 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
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
business, or an aircraft operation involving the transport of passengers, cargo or mail for
remuneration or hire.
“Aircraft” 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. The term “aircraft”, when
used in this Act or in regulations issued under this Act, shall refer to civil aircraft only, and will
not include State or public aircraft.
“Aircraft accident” 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:
“Aircraft incident” 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.
“Airman” 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” 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.
“Air navigation” refers to the practice of controlling, guiding and operating aircraft from airport
of departure to predetermined airport of destination, including alternate airports.
“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
“Air operator” refers to any organization which undertakes to engage in domestic commercial
air transport or international commercial air transport.
“Air Operator Certificate (AOC)” refers to a certificate authorizing an operator to carry out
specified commercial air transport operations.
“Air route” refers to the navigable airspace between two points and the terrain beneath such
airspace identified, to the extent necessary, for application of flight rules.
“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
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INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
set apart for affording facilities for the landing and departure of aircraft capable of descending or
climbing vertically.
“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.
“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.
“Authority” refers to the Philippine Civil Aviation Authority created pursuant to the provisions of
this Act and shall, as indicated by the context, include the Board of Directors and/or Director
General created pursuant thereto.
“Aviation certificate” 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.
“Civil aircraft” refers to any aircraft other than a State or public aircraft.
“Civil aviation” refers to the operation of any civil aircraft for the purpose of general aviation
operations, aerial work or commercial air transport operations.
“Domestic air commerce” means and includes air commerce within the limits of the Philippine
territory.
“Domestic air transport” means air transportation within the limits of the Philippine territory.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
“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.
“Foreign air transport” refers to air transportation between the Philippines and any place
outside it or wholly outside the Philippines.
“General aviation operation” refers to an aircraft operation of a civil aircraft for other than a
commercial air transport operation or aerial work operation.
“Navigable airspace” refers to the airspace above the minimum altitudes of flight prescribed
by regulations under this Act.
“Philippine air carrier” means an air carrier who is a citizen of the Philippines.
“Philippine aircraft” means an aircraft registered in the Philippines in accordance with the
requirements of this Act.
“Propeller” refers to an inclusive term for all parts, appurtenances, and accessories of a
propeller.
“Public aircraft” 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” 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:
“Spare parts” 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.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
“Validation” refers aboard to the written acceptance of an action of the civil aviation authority
of another country in lieu of an action that this Act assigns to the Director General.
“Terminal fees” 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” refers to all charges based on gross business or sales, or gross or net profit.
*For the complete list of the definition of terms, you may refer to the electronic copy of R.A. 9497 provided in the latter part of this
module.
This chapter contains 17 sections and entails the discussion of the board members, the limitations
when it comes to employment, board meetings, and many others. The individuals that will be a
part of the Authority are to be discussed here, along with the compensations and emoluments
that each one would be getting. Aside from that, this chapter will also be covering exemption
from taxes and customs, the fees and charges, and the annual report.
The Civil Aviation Authority of the Philippines (CAAP), hereinafter referred to as the “Authority”,
attached to the Department of Transportation and Communications (DOTC) for the purpose of
policy coordination.
The Authority shall be headed by a Director General of Civil Aviation, referred to in this Act as the
“Director General”. He shall have a tenure of office for a period of four (4) years and may be
extended for another non-extendible term of four (4) years. He shall exercise all powers and the
discharge of all duties of the Authority and shall have control over all personnel and activities of
the Authority.
All members of the Board or any of their relatives within the fourth civil degree of consanguinity
or affinity, legitimate or common law. Any violation of this section shall subject the member
concerned to removal from the Authority for cause as well as administrative, civil or criminal
prosecution under applicable laws.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
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 one (1) year
from the termination of his appointment
Section 8: Quorum
At least four (4) members shall constitute a quorum and the majority vote of three (3) members
shall be necessary for the adoption of any rule, ruling, order, resolution, decision or other act.
To qualify as a director general, the individual shall be a Filipino citizen, and at least 35 years old
with at least five (5) years supervisory or management experience
The Board shall meet regularly once a month and may hold special meetings to consider urgent
matters upon call of the Chairman or upon the initiative of four (4) members.
The members of the Board shall receive a per diem for each meeting actually attended.
Qualified existing personnel of the Air Transportation Office (ATO) shall be given preference in
the filling up of plantilla positions created in the Authority
The Authority shall have an authorized capital stock of Fifty billion pesos (Php50,000,000,000.00)
which shall be fully subscribed by the Republic of the Philippines.
All moneys earned by the Authority from the collection/levy of any and all such fees, charges,
dues, assessments and fines it is empowered to collect/levy under this Act shall be used solely to
fund the operations of the Authority.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
The importation of equipment and other materials 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.
All obligations entered into by the Authority and any income derived therefrom, from the payment
of capital gains tax, documentary stamp tax, real property estate tax and all other local
government-imposed taxes and fees.
The Authority shall not revise its schedule of fees and fines more often than once every three (3)
years.
Within six (6) months from the effectivity of this Act, the Board shall determine the new schedule
of salaries of the employees of the Authority subject to the compliance with the existing
compensation laws
The funds and appropriations, records, equipment and property of the ATO is hereby transferred
to the Authority.
The Authority shall prepare and submit an annual report to the President of the Philippines, to
the Senate and to the House of Representatives on its accomplishments at the close of each
calendar year.
The Authority shall consider the following as being in the public interest and in accordance with
the public convenience and necessity:
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
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.
a. To succeed in its corporate name, to sue and be sued in such corporate name, and to
adopt, use and alter its corporate seal, which shall be judicially noticed;
b. To adopt, amend or repeal its by-laws;
c. To enter into, make, perform and carry out contracts of every class, kind and description,
which are necessary or incidental to the realization of its purposes
d. To raise money, contract loans, indebtedness, credit and issue commercial papers and
bonds
e. To execute any deed of guarantee, mortgage, pledge, trust or assignment of any property
for the purpose of financing the programs and projects deemed vital for the attainment
of its goals and objectives;
f. To construct, acquire, own, hold, operate, maintain, administer and lease personal and
real properties
g. To invest its funds and other assets in such areas, ventures, and projects as it may deem
wise;
h. To settle, under such terms and conditions most advantageous to it, any claim by or
against it;
i. To determine and keep its own system of accounts following generally accepted principles
of accounting, as well as the forms and contents of its contracts and other business
documents; and
j. To perform such other acts, as are necessary or convenient in connection with the
performance of its functions, to carry out the purposes of this Act.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
a. Provide comprehensive policy guidance for the promotion and development of the
Philippine aviation industry, as provided for in this Act;
b. Ensure that the Authority performs its functions in a proper, efficient and effective
manner;
c. Decide the objectives, strategies and policies of the Authority in accordance with the
provisions of this Act;
d. Determine the organizational structure of the Authority, establish a human resources
management system and adopt a rational compensation and benefits scheme;
e. Exercise appellate powers on any decisions, findings and rulings of the Director General,
to issue subpoena ad testificandum or subpoena duces tecum requiring the attendance
and testimony of witnesses in any matter or inquiry pending before the Board and require
the production of books, papers, contracts, agreements and all other documents
submitted for purposes of this section to be under oath and verified by the person in
custody thereof as to the truth and correctness of data appearing in such books, papers,
tariffs, contracts, agreements and all other documents;
f. Exercise appellate powers to order the taking of depositions in any proceeding, or
investigation, pending before the Board at any stage of such proceeding or investigation;
g. Use available services, equipment, personnel and facilities of other agencies of the
Philippine Government, on a reimbursable basis when appropriate and, on a similar basis,
to co-operate with those agencies in the establishment and use of services, equipment
and facilities of the Authority;
h. Use the property of the Authority in such a manner as may appear to the Authority to be
requisite, advantageous or convenient with a view to making the best use of any of the
property of the Authority in relation to its functions under this Act;
i. Invest such of the Authority’s funds that are not immediately required for operating
expenses, or other immediate obligations in any business venture the Board may deem
appropriate, or in such secured note, government securities, and other negotiable
instruments that satisfy the guidelines prescribed by the Board. Funds of the Authority
shall be deposited in such commercial and universal banks as the Board may determine,
subject to the requirements of existing laws. The Board shall designate the officials
authorized to deposit in or withdraw funds from such depository banks;
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 certificate; air traffic 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 edifices; 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 traffic services; rules for prevention of collision of aircrafts;
identification of aircraft; rules for safe altitudes of flight
k. Impose and fix 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
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
or air navigation facilities, civil aviation schools and instructors, aircraft repair stations,
and aircraft radio and aeronautical telecommunications stations;
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 fix, 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;
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
s. In coordination with the appropriate government agency tasked to provide airport
security, shall:
a. Prescribe reasonable regulation requiring that all passengers and all property
intended to be carried in the aircraft cabin in commercial air transport be screened
by weapon-detecting procedure or facilities employed or operated by employees
or agents of the air operator or foreign air operator prior to boarding the aircraft
for such transportation;
b. Prescribe such other reasonable rules and regulations requiring such parties,
methods and procedures as the Director General may find necessary to protect
persons and property aboard aircraft operating in commercial air transport against
acts of criminal violence and aircraft piracy; and
c. To the extent practicable, require uniform procedures for the inspection, detention,
and search of persons and property in domestic commercial air transport and
international commercial air transport to assure their safety and to assure that
they will receive courteous and efficient treatment by air operators and their
agents and employees.
The Board shall issue and provide for the enforcement of such orders, rules and regulations as
may be necessary to give effect to the provisions of this Act. All rules and regulations shall be
formally promulgated and periodically reviewed and updated in accordance with the requirements
of the Administrative Code of the Philippines or any amendment or successor thereto and the
International Civil Aviation Organization Standards and Recommended Practices.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
The Board, after consultation with the Director General, and after public hearing, shall determine,
fix, impose, collect or receive reasonable charges, fees, dues or assessments in respect of aviation
certificates, licenses and all other authorizations or permissions authorized to be issued under
this Act and all services performed by the Authority.
a. Review, confirm, modify, revise, amend or reverse, as the case may be, decisions,
judgments and/or orders of the Director General;
b. Confirm, remit, mitigate, increase or compromise, as the case may be, fines imposed by
the Director General pursuant with the provisions of this Act; and
c. Review, confirm, 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.
In no case that the Director General shall 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 office. 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.
The members of the Board, the Director General and such other duly designated officers of the
Authority shall have the authority to administer oaths in the transaction and performance of their
official duties.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
The Board shall not exercise any power or function not otherwise expressly granted to it under
this Act, neither shall the Board exercise, in the first instance, any power or function that properly
falls within the authority, jurisdiction, powers or functions of the Director General.
Within fifteen (15) days from the appointment, the Board shall meet to draw up the Authority’s
organizational structure. The Board shall agree on the Authority’s final organizational structure
not later than six (6) months from the date of the effectivity of this Act.
The Board may agree for the viability for the creation of additional offices and the finalization of
the organizational structure not later than six (6) months from the date of the effectivity of this
Act.
a. Authority to Operate — The Director General may conduct schools for the purpose of
training employees of the Authority in those subjects necessary for the proper
performance of all authorized functions of the Authority.
b. Offset of Training Costs — The Director General is authorized to require payment of
appropriate consideration to offset the costs of training provided by such school or schools.
The Director General shall be the chief executive and operating officer of the Authority. He shall
have the following powers, duties and responsibilities:
a. To carry out the purposes and policies established in this Act; to enforce the provisions of
the rules and regulations
b. To designate and establish civil airways, to acquire, control, operate and maintain along
such airways, navigation facilities and to chart such airways and arrange for their
publication
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
c. To issue airman’s certificate specifying the capacity in which the holder thereof is
authorized to serve as airman in connection with aircraft
d. To issue airworthiness certificate for aircraft which shall prescribe the duration of such
certificate, the type of service for which the aircraft may be used, and such other terms
and conditions and limitations as are required;
e. To issue air carrier operating certificate in accordance with the minimum safety standards
for the operation of the air carrier to whom such certificate is issued. The air carrier
operating certificate shall be issued only to aircrafts registered under the provisions of this
Act;
f. To issue type certificate for aircraft, aircraft engine, propellers and appliances;
g. To inspect, classify and rate any air navigation facilities and aerodromes available for the
use of aircraft as to its suitability for such use
h. To issue certificates of persons or civil aviation schools giving instruction in flying, repair
stations, and other air agencies and provide for the examination and rating thereof;
i. To collect and disseminate information relative to civil aeronautics and the development
of air commerce and the aeronautical industry;
j. To acquire and operate such aircraft as may be necessary to execute the duties and
functions of the Authority prescribed in this Act;
k. To plan, design, acquire, establish, construct, operate, improve, maintain, and repair
necessary aerodromes and other air navigation facilities;
l. To collect and receive charges and fees for the registration of aircraft and for the issuance
and/or renewal of licenses or certificates for aircraft, aircraft engines, propellers and
appliances, and airmen as provided in this Act;
m. To impose fines and/or civil penalties in respect thereto;
n. To exercise and perform its powers and duties under this Act consistent with any obligation
assumed by the Republic of the Philippines in any treaty, convention or agreement on civil
aviation matters;
o. To issue, deny, suspend, cancel or revoke any certificate, license pertaining to aircraft,
airmen and air agencies: Provided, That any order denying, suspending, cancelling,
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;
a. Effectiveness of Orders — Except in emergency situations, all orders, rules and regulations
of the Director General shall take effect within such reasonable times
b. Emergencies — Whenever the Director General is of the opinion that an emergency
requiring immediate action exists, the Director General shall have the power to meet such
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
emergency: Provided, That the Director General shall immediately thereafter initiate
proceedings relating to the matter giving rise to any such order, rule or regulation.
c. Suspension and Modification of Orders — The Director General shall have the power to
suspend or modify orders
d. Public Compliance — It shall be the duty of every person to observe and comply with any
order, rule, regulation, or certificate issued by the Director General under this Act,
affecting such person so long as the same shall remain in effect.
a. Shall be authorized access to civil aircraft without restriction wherever they are operated
within the Philippines for purposes of ensuring that those aircraft are airworthy and being
operated in accordance with this Act, and applicable ICAO Annexes.
b. Shall be authorized access to civil aircraft registered in the Philippines without restriction
wherever they are operated in the world for the purposes of ensuring that these aircraft
are airworthy and are being operated in accordance with this Act and applicable
regulations.
c. Shall be authorized access by the Philippine air operators at any place and any time to
conduct any tests or inspections in their facility or offices in order to determine that those
operations are conducted in accordance with this Act and applicable regulations and
directives.
d. Shall be authorized access to any aerodromes to conduct inspections or evaluation of the
facilities therein in order to determine that its operations are conducted.
a. 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 qualified or physically or mentally capable for the flight; or
3. The operation would cause imminent danger to persons or property on the ground.
b. The Director General may take such steps as are necessary to detain such aircraft or
airmen.
a. The Board shall establish a permanent office known as the Flight Standards Inspectorate
Service (FSIS) that will assist the Director General in carrying out the responsibilities of
his office for certification and ongoing inspections of aircraft, airmen and air operators.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
1. Airworthiness inspection;
2. Flight operations inspection and evaluation; and
3. Personnel licensing.
1. Aircraft Registration
2. Aircraft Engineering and Standards
3. Airmen Examination Board
4. Office of the Flight Surgeon
The Director General is in charge to validate the actions of the civil authority of another State in
lieu of taking the specific action
The Director General shall organize an Aircraft Accident Investigation and Inquiry Board (AAIIB).
The Board shall appoint the head of the AAIIB.
No aircraft shall be eligible for registration unless it is owned by or leased to a citizen or citizens
of the Philippines or corporations or associations organized under the laws of the Philippines at
least sixty per centum (60%) of whose capital is owned by Filipino citizens.
S
ECTION 45: Application for Aircraft Registration
Applications for certificate of registration shall be made in writing, signed and sworn to by the
owner or lessee of any aircraft or aircraft engine eligible for registration. The application shall
also state: (a) the date and place of filing; (b) the specification, construction and technical
description of the aircraft or aircraft engine; and (c) such other information as may be required
by the Authority in such manner and form as the Authority may prescribe by regulation.
SECTION, along with exemption from taxes.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
SECTION 47: Nationality — An aircraft shall acquire Philippine nationality when registered
pursuant to this Act.
SECTION 48: Revocation. — Any certificate of registration may be revoked by the Authority for
any cause which renders the aircraft ineligible for registration.
SECTION 52: Method of Recording. — The Authority shall record conveyances delivered to it
in the order of their receipt, in files kept for that purpose, indexed to show:
SECTION 53: Validity Before Filing. — No document affecting the title to or any interest in
such registered aircraft, aircraft engines, propellers, appliances, or spare parts shall be valid
except as between the parties thereto, unless the document is registered in such recording
system.
a. Promoting Safety
b. Considerations in the Regulation of Air Operators
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
Applications for certificates issued by virtue of this chapter shall be in such form, contain such
information, and be filed and served in such manner as the Authority may prescribe and shall be
under oath or affirmation whenever the Authority so requires.
A. Certification of Airmen
The owner of any aircraft registered in accordance with this Act may file with the Director General
an application for an airworthiness certificate for such aircraft.
The Director General is authorized to issue air operator certificates and to establish minimum
safety standards for the operation of the air carrier.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
Any air carrier who is a citizen of the Philippines may file an application for an air operator
certificate. In no event shall the Director General issue an air operator certificate to an air carrier
that does not possess a valid Certificate of Public Convenience and Necessity (CPCN) issued
pursuant to this Act and its implementing rules.
a. Each air carrier to make or cause to be made, such inspection, maintenance, overhaul and
repair of all equipment used in air transport and to ensure that the operations conducted
are in accordance with the provisions of this Act and the rules, regulations, directives and
orders issued by virtue of this Act;
b. Each air carrier holding an air operator certificate to ensure that the maintenance of
aircraft and operations thereof are conducted in the public interest and in accordance with
the requirements of this Act and the rules, regulations, directives and orders issued by
virtue of this Act;
c. Each holder of an airman certificate to observe and comply with the authority and
limitations of that certificate, the requirements of this Act and the rules, regulations,
directives and orders issued by virtue of this Act;
d. Every person performing duties in air transportation to observe and comply with the
requirements of this Act and the rules, regulations, directives and orders issued by virtue
of this Act; and
e. Every person who offers or accepts shipments, cargo or baggage in air commerce to offer
or accept such shipments, cargo or baggage in accordance with the provisions of Annex
18 of the Chicago Convention and the ICAO Technical Instructions for the Safe Transport
of Dangerous Goods by Air.
a. Authority to Inspect Equipment — The Director General shall have the power and duty to
make such inspections of aircraft, aircraft engines, propellers and appliances to determine
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
that the operators are maintaining the safe condition for the operation in which they are
used; and advise each operator in the inspection and maintenance of these items.
b. Unsafe Aircraft, Engines, Propellers and Appliances — When the Director General finds
that any aircraft, aircraft engine, propeller or appliance is not in a condition for safe
operation, the Director General shall notify the operator. Such aircraft, aircraft engine,
propeller or appliance then shall not be used in civil aviation or in such manner also to
endanger civil aviation, unless found by the Director General to be in a condition for safe
operation.
1. Operate in civil aviation any civil aircraft which there is not currently in effect a
certificate of airworthiness and registration, or in violation of the terms of any such
certificate and operation of the aircraft in a careless and reckless manner and
operation of aircraft in contravention of its approved operating limitations and manual;
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
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
certificate authorizing that person to serve in such capacity, or in violation of any term,
condition or limitation of his certificate, or in violation of any order, rule or regulation
issued under this Act;
3. Employ for service in connection with any civil aircraft used in civil aviation an airman
who does not have an airman certificate authorizing that person to serve in the
capacity for which the person is employed;
4. Operate as an air operator without an air operator certificate, or in violation of the
terms of any such certificate;
5. Operate aircraft in civil aviation in violation of any rule, regulation, or certificate issued
by the Director General under this Act; and
6. While holding a certificate issued to a school or approved maintenance organization
as provided in this Act, to violate any term, condition or limitation thereof, to violate
any order, rule or regulation made under this Act 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.
The Director General 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 fines arising from violation of any rules and regulations
promulgated by the Authority.
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 fines and other penalties imposed for
violations of the law, rules and regulations of the Authority.
The Director General shall have the power to exercise such police authority as may be necessary
within the premises of airports under its jurisdiction to carry out its functions and attain its
purposes and objectives. Such police authority shall be exercised in connection with the following:
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
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.
CHAPTER XI – Penalties
a. The Director General, after due notice and hearing, is authorized to impose the following
fines and penalties for each violation of this Act:
1. Any person who operates any aircraft without the current airworthiness certificate, in
violation of any rule, regulation or order shall be punished by a fine ranging from
Twenty thousand pesos (Php20,000.00) to Fifty thousand pesos (Php50,000.00) for
the 1st offense, suspension of the license for three (3) months for the 2nd offense
and revocation or cancellation of such license for the 3rd offense;
2. Any person serving in any capacity as an airman in connection with any civil aircraft
in violation of the terms, conditions or limitations of any such airman license or
certificate, or in excess of the rating of such certificate, shall be punished by a fine
ranging from Twenty thousand pesos (Php20,000.00) to Fifty thousand pesos
(Php50,000.00) for the 1st offense, suspension of the license for three (3) months for
the 2nd offense and revocation or cancellation of such license for the 3rd offense. The
repetition of this offense shall be sufficient cause for the revocation of the airman’s
certificate;
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
3. Any person who employs in connection with any aircraft used in air commerce an
airman who does not have an airman’s certificate authorizing him to serve in the
capacity for which he is employed shall be punished by a fine ranging from Fifty
thousand pesos (Php50,000.00) to One hundred thousand pesos (Php100,000.00), as
determined by the Director General in the exercise of his reasonable discretion. A
repetition of the offense shall be sufficient cause for revocation of such person’s
certificate authorizing it to engage in air carrier operation;
4. Any person who was issued by the Director General relating to air carrier operation,
aviation school, aircraft maintenance, and other civil aviation regulated activity which
are being certificated and regulated by the Director General who have been found to
have violated any term, condition or limitation thereof, or violates any order, rule or
regulation issued by virtue of this Act relating to the holder of such certificate shall be
punished by a fine ranging from Three hundred thousand pesos (Php300,000.00) to
Five hundred thousand pesos (Php500,000.00), as determined by the Director General
in the exercise of his reasonable discretion. The repetition of this offense shall be
sufficient cause for the revocation of such person’s certificate.
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 fine 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 flight 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 official 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 officials for the
execution of any order to compel a witness to be present or to testify; or
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
v. Neglects or refuses to attend and/or testify and/or to answer any lawful inquiry or
to produce books, papers or documents, if in his power to do so, in obedience to
the subpoena or lawful requirement of the Director General or his duly authorized
representative; or
vi. Testifies falsely or makes false affidavits or both before the Director General or his
duly authorized representative.
b. The following penalties may only be imposed by a court of competent jurisdiction after
the filing of a proper criminal complaint therein by the Director General and a finding of
guilt:
1. Any person who operates any aircraft without a valid or current license or ratings or
in violation of rule, regulation or order issued by the Director General relating to
aeronautical safety standards or practices or procedures shall be punished by
imprisonment for not more than three (3) years or a fine ranging from Fifty thousand
pesos (Php50,000.00) but not exceeding Two hundred thousand pesos
(Php200,000.00), or both, at the discretion of the court;
2. Any person who knowingly and willfully forges, counterfeits, alters or falsifies any
certificate or aviation certificate authorized to be issued pursuant to the provisions of
this Act, or knowingly uses or attempts to use any such fraudulent certificate or
aviation certificate, and any person who knowingly and willfully displays or causes to
be displayed on any aircraft any marks that are false or misleading as to the nationality
or registration of the aircraft shall be punished by imprisonment ranging from three
(3) years to six (6) years or a fine 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;
3. Any person who shall use for flight operation an unregistered aircraft or engaged in
the operation of aviation school, aircraft maintenance facilities, aircraft material
distributorship, air carrier operations or any other civil aviation regulated activities
without the required air agency certificate issued by the Director General shall be
punished by imprisonment ranging from three (3) years to seven (7) years or a fine
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;
4. Any person found guilty of violating the conditions attendant to the issuance of the
airworthiness certificate of the aircraft shall be subjected to imprisonment ranging
from three (3) years to seven (7) years or a fine 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 fine 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 fine of not less than Fifty thousand pesos (Php50,000.00) but not
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
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 flight if the presence of
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 fine 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 fine 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)];
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 fine 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, of 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 fine 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), clauses (9), (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 provisions of paragraph (b).
SECTION 82. 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 certificate or license
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
issued under this Act for which no penalty is expressly provided shall be punished by a fine
ranging from Twenty thousand pesos (Php20,000.00) to One hundred thousand pesos
(Php100,000.00) for each violation.
SECTION 83. Penalty Considerations. — The Director General shall take into account the
nature, circumstances, extent and gravity of the violation and, 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 84. Inflation Adjustment to Civil Penalties. — The Director General shall adjust
the monetary level of the penalties at least once every four (4) years
The Air Transportation Office (ATO) created under Republic Act No. 776, a sectoral office of the
Department of Transportation and Communications (DOTC), is hereby abolished. All powers,
duties and rights vested by law and exercised by the ATO is hereby transferred to the Authority.
To ensure smooth transition into a corporate structure, the incumbent Assistant Secretary of the
ATO shall continue to hold office and assume the powers of the Director General until his
successor shall have been appointed and inducted into office in accordance with this Act.
However, affected officials and personnel, if qualified, shall be given the option to avail themselves
of any of the following, whichever is beneficial to them:
a. Retirement gratuity provided under Republic Act No. 1616, as amended, plus the refund
of retirement premiums payable by the Government Service Insurance System (GSIS),
without the incentive herein provided;
b. Retirement benefit under Republic Act No. 660 or applicable retirement, separation or
unemployment benefit provided under Republic Act No. 8291, if qualified, plus the
following applicable incentives:
1. One half (1/2) month of the present basic salary for every year of government
service and a fraction thereof, for those who have rendered twenty (20) years of
service and below;
2. Three-fourth (3/4) month of the present basic salary for every year of government
service and a fraction thereof, computed starting from the 1st year, for those who
have rendered twenty-one (21) to thirty (30) years of service; and
3. One (1) month of the present basic salary for every year of government service
and a fraction thereof, computed starting from the 1st year, for those who have
rendered thirty-one (31) years of service and above: Provided, That the GSIS shall
pay, on the day of separation, the retirement/separation/unemployment benefits
to which an affected employee may be entitled to under Republic Act No. 660 or
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
Republic Act No. 8291 and whenever there is an option, the one which the affected
employee has chosen as the most beneficial to him/her: Provided, further, That
for the purpose of complying with the required number of years of service under
Republic Act No. 8291, the portability scheme under Republic Act No. 7699 may
be applied, subject to existing policies and guidelines; and
c. 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.
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.
Any officer/employee who availed the benefits of the foregoing provisions shall not qualify for
reemployment to the Authority within seven (7) years from the date of retirement/resignation.
The Authority shall adopt rules and regulations to implement the provisions of this Act within sixty
(60) days from the date of its approval.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
Nothing in this Act shall 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.
This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national
newspapers of general circulation.
Supplemental Reading:
(RA 9497):
https://drive.google.com/file/d/1ZtxUkZ1F5EehXL00HucBhsrRQXYJbcLp/view?us
p=sharing
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
Score:
Self-Test
Instruction:
MODIFIED TRUE OR FALSE. Write True if the statement is correct and FALSE if the statement
is incorrect, and write the correct word/phrase to make the statement correct.
___________1. The Director General shall have the power to exercise such police authority as may
be necessary within the premises of airports under its jurisdiction to carry out its functions and
attain its purposes and objectives.
____________ 2. Any air carrier who is a citizen of the Philippines may file an application for an
air operator certificate.
____________ 3. The CAAP has the power to regulate the economic aspect of air transportation,
and shall have the general supervision and regulation of, the jurisdiction and control over, air
carriers, general sales agents, cargo sales agents, and airfreight forwarders as well as their
property, property rights, equipment, facilities, and franchise.
____________ 4. Certificate of Public Convenience and Necessity is a permit issued by the Board
authorizing a person to engage in air commerce and/or transportation, foreign and/or domestic.
No person shall engage in air commerce unless there is in force a permit issued by the Board.
____________ 5. The Society of Aerospace Engineers of the Philippines (SAEP) is the Accredited
Professional Organization for Aerospace Engineers in the Philippines.
____________ 6. The Aeronautical Engineer seal which is a circular in shape with maximum
diameter of 0.048 meters shall bear a design consisting of an airplane wing section with shock
wave attached to its leading and trailing edges (leading edge at the right).
____________ 7. In the Aeronautical Engineer seal, an atom as a whole symbolizes engineering
activity with its four (4) orbiting electrons signifying the four (4) major activity areas.
____________ 8. It is unlawful for any person who, without a valid certificate of registration, shall
practice or offer to practice aeronautical engineering or to use the title “Aeronautical Engineer” or
any word, letter, figure, or sign whatsoever, tending to convey the impression that he is an
aeronautical engineer; or to advertise or indicate in any manner that he is qualified to perform the
work of an aeronautical engineer.
____________ 9. In order that a candidate may be deemed to have passed the examinations
successfully, he must have obtained a general weighted average of seventy-five percent in all
subjects, with no rating below sixty percent any subject.
____________ 10. It is unlawful that any firm, company or corporation to engage in designing,
planning, construction, installation, alteration, manufacture or marketing of any aircraft and its
components, accessories, instruments, equipment and supply without the certification, supervision,
or guidance of an aeronautical engineer.
Honesty Clause:
The students are expected to accept and maintain principles of intellectual and academic honesty as members of the
academic community. The institution believes that students are truthful as a basic and necessary standard of conduct
in academic matters, and that they only submit the results of their own efforts for credit.
78 | P a g e
PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
Score:
Module Activity
INSTRUCTION.
Complete the table by identifying the following statement of code of ethics.
Relations with:
(State / Public / Client
Code of Ethics & Employers /
Engineers /
Profession)
He shall recognize that the well-being of the public and the interest
of the state are above the well-being and interest of any individual.
He shall dignified in explaining and discussing his work and shall
refrain from self- laudatory advertising or propaganda.
He shall uphold the honor and dignity of his profession and avoid
association in responsibility for work with engineers who do not
conform to ethical practices .
He shall guard against conditions that are dangerous or threatening
to life, limb, or property on the work for which he is responsible, or
if he is not responsible.
He shall undertake only those engineering assignments for his
qualified. He shall engage or advise his employer or client to engage
specialists and shall cooperate with them whenever his employer’s
or client’s interest are served best by such arrangement.
Honesty Clause:
The students are expected to accept and maintain principles of intellectual and academic honesty as members of the
academic community. The institution believes that students are truthful as a basic and necessary standard of conduct
in academic matters, and that they only submit the results of their own efforts for credit.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
ASSESSMENT ACTIVITY 01
Review and analyze the Aeronautical Engineering Law (PD 1570 and IRR 1570), the House
Bill No. 7592 introduced by Representative Maximo B Rodriguez and the Article entitled
“The Revised Aero Bill: Hope for Filipino Aero Engineers” written by the PRB – Aeronautical
Engineering Chairperson, Engr. Ernesto Ferreras. (You may review other relevant articles.)
Then, write an essay (minimum of 500 words) of your own thoughts, opinion, and
recommendation of the articles and law that you have read. Follow the format provided
below.
Honesty Clause:
The students are expected to accept and maintain principles of intellectual and academic honesty as members of
the academic community. The institution believes that students are truthful as a basic and necessary standard of
conduct in academic matters, and that they only submit the results of their own efforts for credit.
80 | P a g e
PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
the topic
is/are
limited.
Word Choice The student uses The student The student The student
vivid uses vivid uses words uses a
words and words and that limited
phrases. The phrases. The communicate vocabulary.
choice and choice and clearly, but Jargon or clichés
placement placement the writing may
of words seems of words is lacks variety. be present and
accurate, natural, inaccurate detract
and at times and from the
not forced. seems meaning.
overdone.
Sentence All sentences are Most Most Sentences
Structure, well sentences are sentences sound
Grammar, constructed and well are well awkward, are
Mechanics, & have constructed constructed, distractingly
Spelling varied structure and but they repetitive,
and have varied have a or are difficult to
length. The structure similar understand. The
author and length. structure author
makes no errors The author and/or makes
in makes a few length. The numerous errors
grammar, errors in author in grammar,
mechanics, grammar, makes mechanics,
and/or spelling. mechanics, several and/or spelling
and/or errors in that interfere
spelling, but grammar, with
they do not mechanics, understanding.
interfere and/or
with spelling that
understanding. interferes
with
understandin
g.
TOTAL
Reference: IRA/NCTE. (2013). Essay Rubric. Retrieved September 6, 2020, from http://www.readwritethink.org/files/resources/printouts/Essay%20Rubric.pdf
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
ASSESSMENT ACTIVITY 02
TEMPLATE: Visit the link below for templates; however, feel free to create your own.
Link: https://venngage.com/blog/timeline-template/
Timeline Examples:
References:
A Timeline of Airport Security History. (n.d.). Retrieved September 04, 2020, from https://sites.google.com/site/madelineledouxfinalproject/history
Events in the life of Benjamin Franklin [Digital image]. (n.d.). Retrieved September 05, 2020, from https://www.tes.com/lessons/a7uFXRhqKMp5Bg/timeline-examples
Wittwer, J. (2017). Vertical Timeline Using Shape Objects [Digital image]. Retrieved September 05, 2020, from https://www.vertex42.com/ExcelTemplates/timeline.html
Honesty Clause:
The students are expected to accept and maintain principles of intellectual and academic honesty as members of
the academic community. The institution believes that students are truthful as a basic and necessary standard of
conduct in academic matters, and that they only submit the results of their own efforts for credit.
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
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PHILIPPINE STATE COLLEGE OF AERONAUTICS
INSTITUTE OF ENGINEERING AND TECHNOLOGY
AERONAUTICAL ENGINEERING DEPARTMENT
Module 2: AIR LAWS PART 2
Sentence fluency Events are Events are Events are Events are
clearly described described not described using
using accurate well, but the described vague language
and vivid language is well, and or inaccurate
language. sometimes language is information.
vague or often vague
inaccurate. or
inaccurate.
TOTAL
Reference: IRA/NCTE. (2004). Timeline Rubric. Retrieved September 05, 2020, from http://www.readwritethink.org/files/resources/lesson_images/lesson398/rubric-timeline2.pdf
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