REPUBLIC ACT No. The PPSA is intended to establish a unified and modern legal framework for securing obligations with personal property and states that it will apply to all transactions of any form that secure an obligation with movable collateral, except interests in aircraft subject to the Civil Aviation Authority and interests in ships subject to the Ship Mortgage Decree 1978. Already registered? : d~JS Series of 2015 ALL ALL CONCERNED FROM THE DIRECTOR GENERAL SUBBCT AMENDMENTS TO THE PHILIPPINE CIVIL AVIATION REGULATIONS (PCAR) PARTS 2, 4 AND 11 REFERENCES: 1. (f) Retention and protection of passenger data? Aviation Law > Elepaño-Roque Law Firm is a full-service law firm in Makati City serving domestic and foreign clients in a variety of industries including aviation, outsourcing, real estate development, banking, and more. A March 5, 2013, press release from the Civil Aviation Authority of the Philippines: The Philippines’ high economic growth under the Aquino administration got an added boost after the International Civil Aviation Organization (ICAO) of the United Nations officially lifted the significant safety concerns it had earlier cited as requiring urgent solutions from the government. Common carriers, including air carriers, are bound to observe extraordinary diligence in the vigilance over goods and for the safety of the passengers transported by them. For compensation purposes, a passenger’s baggage is presumed to have been permanently and totally lost if within seven days from the date on which the passenger or consignee should have received the baggage, it is not delivered to said passenger or consignee. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Start studying (Air Laws) Philippine Civil Aviation Regulations Part 7. What are the requirements for entry in the domestic aircraft register? Common carriers, including air carriers, are bound to observe extraordinary diligence in the vigilance over goods and for the safety of the passengers transported by them, according to all of the circumstances of each case. Under this law, the tax rate has been increased to Ps4 per litre/kg from Ps3.67 per litre/kg. a foreign air operator certificate from the Philippines Civil Aviation Authority. Is there a domestic register for aircraft mortgages, encumbrances and other interests? Among other things, the air carrier must provide the interested passengers or volunteers who are willing to give up their seats a list of amenities and offers from which they can choose. Philippine law restricts the importation of certain goods for reasons of national security, environmental and public health protection, and order and morality, in addition to complying with international treaties and obligations. Gulapa Law Office. Economic Regulation 9 on the bill of rights for air passengers and carrier obligations provides that air carriers must provide customer service representatives who can address common problems on the spot. In addition, the Philippines Civil Aviation Authority, in coordination with the appropriate government agency tasked to provide airport security, is empowered to prescribe reasonable regulations, methods and procedures to ensure the safety of passengers and property. Among its functions was to promulgate Civil Aviation Regulations. In addition to assisting clients with applications to - and hearings before - the Civil Aeronautics Board (CAB) and the Civil Aviation Authority of the Philippines (CAAP), it handles a broad range of leasing and financing projects and regulatory matters. have presented themselves for carriage at the proper time and place and have fully complied with the carrier’s check-in and reconfirmation procedures; are acceptable for carriage under the carrier’s tariff; and. Reference: Civil Air Regulations part 11.11-1. each person, freight item and any mail onboard; and. Where the chair of the Aircraft Accident Investigation and Inquiry Board is of the opinion that it would be desirable for public notice to be given that an investigation is taking place, he or she may do so in a manner that he or she thinks fit. of the carrier’s domicile or principal place of business or where it has a place of business through which the contract was made; or. The Philippines Civil Aviation Authority imposes and fixes reasonable charges and fees for the use of government aerodromes or air navigation facilities, and fixes the reasonable charges to be imposed in the use of privately owned air navigation facilities and aerodromes. Are there any notable recent developments or trends in the aviation sector in your jurisdiction? However, tax benefits may be granted to airlines operating under congressional franchise. The authority may grant either: Operators of airstrips or heliports conducting air transport operations or private operations using aircraft with fewer than 10 passenger seats must secure a permit to operate. Although no period for the recordation of the security document is specified in the Republic Act 9497 (the Civil Aviation Authority Act), it is recommended that the instrument be recorded promptly after execution. +63 908 887 8653. It is located in the Clark Freeport Zone (a U.S. military base in the Philippines). Schools offering Aviation courses in the Philippines A list of universities and colleges offering Aviation courses in the Philippines. Be it enacted by the Senate and House of Representatives of the Philippines … Full-Service Law Firm in Makati City, Philippines +63 908 887 8653 Elepaño-Roque Law Firm is a full-service law firm in Makati City serving domestic and foreign clients in a variety of industries including aviation, outsourcing, real estate development, banking, and more. The passenger must, in addition to the damages, have priority booking for the next available flight using the same ticket for which he or she was denied boarding. Several national projects relating to the Philippine aviation sector were inaugurated in 2018 and have significantly improved the country’s aviation infrastructure. Republic of the Philippines Congress of the Philippines Metro Manila Eleventh Congress First Regular Session Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, nineteen hundred and ninety eight. Which government bodies regulate the aviation industry and what is the extent of their powers? Economic Regulation 7, issued by the Civil Aeronautics Board, provides for: In general, air carriers must pay compensation at specified rates to passengers which: If accepted by the passenger, such compensation should constitute liquidated damages for all damages incurred by the passenger as a result of the carrier’s failure to provide the confirmed space. To register a security interest over an aircraft with the authority, the security document must be filed and recorded in the authority registry and annotated on the rear portion of the certificate of registration. What financial thresholds must air carriers meet to obtain operating authorisation? a temporary or interim aerodrome certificate, which is valid for six months; or. The personnel will also assist in the filing and prosecution of the complaints of passengers whose rights have been violated and who wish to pursue the concerned air carrier. As an independent regulatory body with quasi-judicial and quasi-legislative powers, the CAAP is mandated to set comprehensive, clear and impartial rules and regulations for the Philippine aviation industry. airmen certificates to individuals who possesses the proper qualifications for, and are physically able to, perform the duties pertaining to the position for which the airmen certificate is sought; airworthiness certificates for Philippine-registered aircraft, after it is found that the aircraft conforms with the appropriate type of certificate and is in a condition allowing for safe operation; and. Economic Regulation 2, which was issued by the Civil Aeronautics Board, specifically regulates both domestic and international charter services. A person or entity wishing to engage in air transport in the Philippines (including on specific routes) must submit an application to the Civil Aeronautics Board, together with the required documentation. if executed abroad, consularised by the Philippine consulate where the document was signed. documentary evidence of ownership or, for leased aircraft, a notarised duplicate signed copy of the lease agreement (if the lease agreement is signed outside the Philippines, it must be notarised and consularised at the Philippine consulate in the jurisdiction where it was signed); a special power of attorney or equivalent document (eg, a board resolution authorising the applicant to sign on behalf of the applicant owner or lessee); customs clearance or tax exemption (if applicable) and customs release or payment; a certificate of non-registration, if factory new; an official receipt in connection with the payment of registration fee (depending on the gross weight of the aircraft); an official receipt in connection with the payment of recordation fee (if applicable); Philippines Civil Aviation Authority accounting clearance; an assignment of registration number or RP-C number (the applicant must reserve a registration number which must be used within 90 days, otherwise the reserved registry number is deemed automatically cancelled if not used within that specified period); constitutive documents of the applicant owner or lessee; and. What is the authorisation procedure for the operation of airports? The director general has the power to issue: What environmental obligations apply to air carrier operations? an order or act of competent public authority, as specified in Article 1734 of the Civil Code. the Republic Act 9003 (the Ecological Waste Management Act), which provides for the mandatory segregation of solid waste to be conducted primarily at the source (eg, household, institutional, industrial, commercial and agricultural sources). Receiving it certainly makes my life a lot easier. Any conveyance affecting title to or interest in any Philippine-registered aircraft (including a mortgage) or any portion thereof must be recorded with the authority in order to be valid and effective against third parties, otherwise it will bind only the parties and their successors-in-interest and any person who has actual notice of such conveyance. If in the course of an investigation it becomes known or is suspected that an act of unlawful interference was involved in the accident or incident, the investigator-in-charge will, after consultation with the chair and the Philippines Civil Aviation Authority: What liability regime governs death, injury and loss arising from air accidents? Do any licensing requirements apply to specific routes? According to the Philippines’ national aviation authority, the Civil Aviation Authority of the Philippines (CAAP), flying a drone is legal in Philippines, but we recommend being aware of and compliant with the drone regulations listed below before doing so.. If you would like to learn how Lexology can drive your content marketing strategy forward, please email [email protected]. — It is hereby declared the policy of the State to provide safe and efficient air transport and regulatory services in the Philippines by providing for the creation of a civil aviation authority with jurisdiction over the restructuring of the civil aviation system, the promotion, development and regulation of the technical, operational, safety, and aviation security functions under the civil aviation … On November 12, 1936, the Philippine Legislature passed Commonwealth Act No. No sector-specific rules regulate direct or indirect financial support to companies in the aviation sector. In 2018 the Philippines acceded to the Apostille Convention. The operator of any Philippine-registered civil aircraft, any state aircraft not operated by the military or any foreign aircraft must immediately and by the most expeditious means available notify the chairman of the Aircraft Accident Investigation and Inquiry Board under the Office of the Director General of the Philippines Civil Aviation Authority when an aircraft accident or incident listed in Implementing Standards (IS) 13.030, IS 13.175-1 to IS 13.175-3 occurs. the Convention for the Unification of Certain Rules relating to International Carriage by Air or the Montreal Convention. What is the primary domestic legislation governing the aviation industry in your jurisdiction? The director general of the Philippines Civil Aviation Authority prescribes rules, regulations or minimum standards governing practices, methods and procedures that are necessary to provide adequately safe civil aviation. Do any special rules apply to consumer complaints handling in the aviation industry? The Civil Aeronautics Board has the power 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. Philippines Drone Regulations. 855 talking about this. Do any nationality or other requirements or restrictions apply to ownership or control of air carriers operating in your jurisdiction? a Civil Aeronautics Board permit or approval; and. If a passenger opts not to fly on the ticket, the value of any fare, (including taxes and surcharges) of the cancelled flight sector must be reimbursed to the passenger. a foreign air carrier’s permit from the Civil Aeronautics Board; and. In case of flight cancellations attributable to the air carrier, the air carrier must provide passengers with free meals, hotel accommodation, transportation from the airport to the hotel, free communication and first-aid medicines, if necessary. In addition, the authority requires the presentation of proof of authority of the signatories to the security documents (eg, board resolutions), which must also be notarised and, if executed abroad, consularised by the Philippine consulate where the document was signed. Moreover, all rentals, interest, fees and other charges paid by the franchisee to foreign or domestic lessors for the lease of aircraft, engines, spare parts, other flight or ground equipment and other personal property may be exempt from all taxes, provided that the liability for the payment of said taxes is assumed by the franchisee. The extent of investigations and the procedure to be followed is determined by the chair, taking into account the purpose of the investigation, the principles and objectives of International Civil Aviation Organisation (ICAO) and the lessons that the chair expects to draw from the accident or incident for the improvement of safety. International air carriers doing business in the Philippines are subject to a 3% tax on their gross receipts derived from the transport of cargo from the Philippines to another country. Slots are allocated at airports using the Communication Navigation Surveillance System and the Air Traffic Management System. In August 2018 the Civil Aeronautics Board issued a fuel surcharge matrix and guidelines for its imposition for domestic and international flights. The two Aviation Maintenance Licensing exams available for BSAMT graduates in the Philippines: Aviation Maintenance Technician License (AMT) This exam can be taken after completing two years of the BSAMT program. Typical aviation-related disputes in the Philippines involve consumer protection and liability. necessity under the contract with the data subject; and. The investigation into accidents commences on the appointment of investigators and advisers by the chair of the Aircraft Accident Investigation and Inquiry Board under the Office of the Director General of the Civil Aviation Authority of the Philippines. The Air Traffic Service of the Philippines Civil Aviation Authority provides air traffic control services implementing international standards. Under the Montreal Convention, an action for damages must be brought, at the option of the plaintiff, in the territory of one of the state parties before the courts: However, in respect of damage resulting from the death or injury of a passenger, an action may be brought before one of the abovementioned courts or in the territory of a state party in which the carrier, at the time of the accident, had his or her principal and permanent residence and to or from which the carrier operates services for the carriage of passengers by air, either on its own or another carrier's aircraft pursuant to a commercial agreement, and in which that carrier conducts its business of carriage of passengers by air from premises leased or owned by itself or another carrier with which it has a commercial agreement. The Civil Code recognises possessory liens in respect of claims for the unpaid price of movables sold and in respect of credits for the making, repair, safekeeping or preservation of personal property. Under Executive Order 903, the Manila International Airport Authority (MIAA) (which is empowered to levy and collect dues, charges and fees or concessions), or any service provided by the MIAA, may also on its own authority detain any aircraft, equipment or furniture belonging to the owner or agent of said aircraft, until such amounts have been paid. Have there been any notable recent cases or rulings involving competition in the aviation industry? However, the business aspects of airlines and their regulation also fall under aviation law. The amendments are expected to take effect on January 1 2018. Pursuant to the language of the PPSA, it is deemed to have taken effect on 7 September 2018, but its implementation is conditioned on the establishment of a new registry on security interests. Republic Act No. A foreign air carrier is not subject to this requirement and is allowed to engage only in foreign air transportation (ie, air transportation between the Philippines and any place outside it or wholly outside the Philippines). A license from the Civil Aviation Authority of the Philippines is necessary for commercial flights. While OTS is based on its compliance with Standards 3.4.5 and 3.4.7 of ICAO Annex 17 Amendment 14 which requires all Contracting States, including the Philippines, to ensure that “the implementation of security measures is regularly subjected to 14 RA 9497 series 2008, An act creating the Civil Aviation Authroity of the Philippines, authorizing the appropriation of funds therefor, and for other purposes. Ground handling services are also subject to regulation by the Philippines Civil Aviation Authority. Common carriers are responsible for the loss, destruction or deterioration of goods, unless they can prove that the loss, destruction or deterioration was brought about by: In all other cases, common carriers are presumed to have been at fault or to have acted negligently, unless they can prove that they observed extraordinary diligence. Omni Aviation promises that they will provide a quality education at par with world-class standards. Alyssa Francisco. The air carrier must likewise coordinate with the appropriate authorities for the use of proper airport equipment, entryways and aerobridges to facilitate transactions, movement, boarding and disembarkation of persons with disabilities, senior citizens and persons requiring special equipment at the airport. The income of an international carrier doing business in the Philippines is generally subject to a 2.5% tax on its gross revenue derived from carriage of persons, excess baggage, cargo and mail originating from the Philippines on a continuous and uninterrupted flight, irrespective of the place of sale or issue and place of payment of the ticket or passage document. First Regular Session. The Civil Aeronautics Board requires domestic air carriers to have a minimum paid-up capital ranging from Ps10 million (for carriers with domestic non-scheduled flights) to Ps50 million (for carriers with domestic and international scheduled flights). Yes. Republic of the Philippines CIVIL AVIATION REGULATIONS (CAR) PART 1 GENERAL POLICIES, PROCEDURES, and DEFINITIONS CIVIL AVIATION REGULATIONS PART 1 GENERAL POLICIES, PROCEDURES, and DEFINITIONS. In the international realm, the International Civil Aviation Organization(ICAO) provides general rules and mediates international concerns to an extent re… take steps to ensure that the aviation security authorities of other concerned ICAO contracting states are informed of the fact. any amount of credit or any obligations of the joint venture which any entity contributing to the formation has agreed to extend or guarantee, at any time. If you wish to enquire as to whether this country chapter is available in a previous edition of Aviation Law in print or PDF format, contact us here, The International Comparative Legal Guides and the International Business Reports are published by: Global Legal Group, Enormous help to practitioners dealing with international merger filings on a regular basis. What rules and procedures govern aircraft safety and maintenance? Aircraft accident investigations are private. CIVIL AVIATION AUTHORITY OF THE PHILIPPINES Office of the Director General MEMORANDUM CIRCULAR NO. "Lexology/Newsstand is an extremely useful resource. The act imposes certain obligations on personal information controllers and those that process personal information. Once implemented, the relevant implementing regulations may dispense with the consularisation requirement. What rules and liabilities are air carriers subject to in respect of: Economic Regulation 7, issued by the Civil Aeronautics Board, provides for passenger rights in cases of delay and cancellation, as well as for the filing of relevant incident reports by the carrier. have been denied boarding due to lack of space. #AviationPH Economic Regulation 9 issued by the Civil Aeronautics Board on the bill of rights for air passengers and carrier obligations provides the right of passengers to compensation for delayed, lost and damaged baggage. No known laws restrict or qualify access to airports. The income of a domestic carrier is subject to the regular corporate income tax for domestic corporations at the rate of 30% on all income received within or outside the Philippines, or a minimum corporate income tax of 2% on their gross income, whichever is higher or as otherwise provided in the legislative franchise granted to them. the Republic Act 776, as amended (the Civil Aeronautics Board Law). If the flight is deferred until the next day, the air carrier must provide the passengers with free meals, hotel accommodation and communication. necessity for the protection of the data subject’s interests. These include tax benefits relating to the importation of aircraft, equipment and machinery, spare-part commissary and catering supplies, aviation fuel and oil and such other articles imported by and for the use of airlines operating under a congressional franchise. The agency also investigates aviation accidents via its Aircraft Accident Investigation and Inquiry Board. Do any special provisions apply to charter services? Become your target audience’s go-to resource for today’s hottest topics. the processing relates to personal information about a Philippine citizen or resident; the entity has a link with the Philippines and is processing personal information in the Philippines or, if the processing is done outside the Philippines, that it is about Philippine citizens or residents; and. What is the required level of insurance coverage for air carrier operations? The Civil Aeronautics Board (CAB) is the agency of the government mandated to regulate the economic aspect of air transportation, and shall have the general supervision, control and jurisdiction over air carriers, general sales agents, cargo sales agents, and air freight forwarders as well as their property, property rights, equipment, facilities, and franchise (R.A. No. Our lawyers handle both civil litigation and criminal law matters. Formerly the Air Transportation Office, it is an independent regulatory body attached to the Department of Transportation for the purpose of policy coordination. It provides an accurate summary of the most important legislation, but also (your contributors will like to read) serves as an important reference guide in case you need help in a jurisdiction where a filing may become necessary.Partner, Co-Head Competition & EU Practice - HAARMANN HÜGEL RECHTSANWÄLTE, Vienna, Austria, © 2002-2021 Copyright: ICLG.com | Our Privacy, Unlock 3 FREE PDF chapters by registering with us FREE Philippine tax authorities may also distrain or sell an aircraft for failure to pay Philippine taxes. The Aviation services of our Firm is headed by our Co-Founding partner Alex Llanes Acain Jr. who has substantial experience in the direct management of a national Airline in the Middle East where he has negotiated and signed Purchase Agreements with AIRBUS for the purchase of A320Neos and with EMBRAER as well for the purchase of E195-E2 Jets. So be prepared for your trip that something could change quickly. The Philippines Civil Aviation Authority: How are air accidents investigated in your jurisdiction? The taxes mentioned above are based on the National Internal Revenue Code, as recently amended. _____ REPUBLIC ACT No. an air operator certificate from the Civil Aviation Authority of the Philippines. If so, what are the requirements and legal effects of registration? Are airfares regulated in your jurisdiction? a legislative franchise or a certificate of public convenience and necessity from the Civil Aeronautics Board; and. 9497 March 04, 2008. a certified true copy of the aircraft’s certificate of insurance. In case the number of volunteers is too few to resolve the overbooking, the air carrier should increase the compensation package by degrees or by adding more amenities and services until the required number of volunteers is met. While it is accepted practice for an air carrier to overbook flights, any expense, consequence or inconvenience caused to affected passengers must be borne by the air carrier. Full-Service Law Firm in Makati City, Philippines. For international flights, the relevant convention will apply. The new regulation amendments has been disseminated through a conference with RPA/UAV Operators during the 2nd CAAP UAV Stakeholder Conference at the Civil Aviation Authority of the Philippines on May 4, 2016. the Convention on International Civil Aviation; the Convention on the International Recognition of Rights in Aircraft; the Convention for the Suppression of Unlawful Seizure of Aircraft; the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation; and. ", © Copyright 2006 - 2021 Law Business Research. the Republic Act 8749 (the Clean Air Act), which requires operators of aviation fuel storage tanks (which are considered a possible source of air pollution) to obtain a permit to operate air pollution source and control installations from the Department of Energy and Natural Resources; the Republic Act 6969 (the Toxic and Hazardous Waste Management Act), which requires a permit from the Department of Energy and Natural Resources for the storage, treatment, transport, export, processing, reprocessing, recycling and disposal of hazardous waste; and. a final or permanent aerodrome certificate. Part 8 of the Philippine Civil Aviation Regulations (Operations) requires continuous airworthiness maintenance inspection and provides for other aircraft safety and maintenance requirements. 1.1 What are the main sources of employment law? A domestic air carrier is a public utility, subject to the nationality requirement that at least 60% of its equity (including at least 60% of its voting equity) should be owned by Philippine nationals. If all sections of the itinerary are cancelled, the carrier must reimburse the total value of the fare, taxes and surcharges. Under the law, collection and processing must be conducted in accordance with general guidelines based on the principles of transparency, legitimate purpose and proportionality. Good to know: A new regulation of the law has been expected for a long time. Some of its area of concern overlaps that of admiralty law and, in many cases, aviation law is considered a matter of international law due to the nature of air travel. the appointment of a reporting officer duly signed by a heliport operator with corresponding duties and responsibilities; emergency arrangements (eg, response times and exercises); coordination with air traffic control (if applicable); and, the aggregate value of the assets that will be combined in the Philippines or contributed into the proposed joint venture exceeds Ps1 billion; or. For domestic flights, the passenger (on presentation of proof) will be compensated up to the equivalent of 50% of the amount stated in the relevant convention (for international flights) in its peso equivalent. any national air transportation operation that is conducted using aircraft certified for more than 30 passenger seats. Foreign air carriers must have paid-in equity capital of at least the equivalent of $200,000. 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