RA9497 CIVIL AVIATION AUTHORITY ACT OF 2008 Sec.

. 3 Definition of Terms (c) "Aeronautics or aviation" refers to the science and art of flight. (h) "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. (f) "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. The term may likewise refer to either a "Philippine air carrier" or a "foreign air carrier" as indicated by the context. (n) "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. (ii) "Civil aviation" refers to the operation of any civil aircraft for the purpose of general aviation operations, aerial work or commercial air transport operations. (oo) "Foreign air carrier or foreign air operator" meane 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. (ww) "Philippine air carrier" means an air carrier who is a citizen of the Philippines.

or offices in order to determine that those operations are conducted in accordance with this Act and applicable regulations and directives. (d) The Director General or his authorized representative shall be authorized access to any aerodromes, whether privately or governmentowned, to conduct inspections or evaluation of the facilities therein in order to determine that its operations are conducted. SEC. 39. Authority to Prevent Flight. - (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. CHAPTER VIII NATIONALITY AND OWNERSHIP OF AIRCRAFT SEC. 43. Establishment of Registry. - The Authority shall: (a) Establish and maintain a system for the national registration of aircraft in the Philippines; (b) Establish and maintain a system for the registration of liens, mortgages or other interests in aircraft or aircraft engines; and (c) Have sole authority to register aircraft and liens, mortgages or other interests in aircraft or aircraft engines. SEC. 44. 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 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. That, under such rules and regulations to be promulgated by the Board, foreign-owned or registered aircraft may be registered if utilized by members of aero clubs organized for recreation, sport or the development of flying skills as a prerequisite to any aeronautical activities of such clubs within the Philippine airspace. (R.A. 776, P.D. 1278, E.O. 546, and B.P. 504) Such certificate shall be conclusive evidence of nationality for international purposes, but not in any proceeding under the laws of the Republic of the Philippines.

SEC. 38. Right of Access for Inspection. - (a) The Director General or his authorized representative shall be authorized access to civil aircraft, including aerodromes, 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, regulations issued under this Act, and applicable ICAO Annexes. (b) The Director General or his authorized representative 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 and directives. (c) The Director General or his authorized representative shall be authorized access by the Philippine air operators at any place and any time to conduct any tests or inspections in their facility

The certificate of registration is conclusive evidence of ownership, except in a proceeding where such ownership is, or may be, at issue. SEC. 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. SEC. 46. Issuance of Certificate of Registration. - Should the Director General, upon considering the application for registration, find the aircraft or aircraft engine eligible for registration, such aircraft shall be registered under the provisions of this Act and the owner thereof shall be issued a certificate of registration. SEC. 47. Nationality. - An aircraft shall acquire Philippine nationality when registered pursuant to this Act. SEC. 48. Revocation. - Any certificate of registration may be revoked by the Authority for any cause which renders the aircraft ineligible for registration. SEC. 49. Conveyance to be Recorded. - No conveyance made or executed, which affects the title to, or interest in, any aircraft of Philippine registry, or any portion thereof shall be valid in respect to such aircraft or portion thereof against any person other than the person by whom the conveyance is made or executed, his heirs, assignees, executors, administrators, devisees, or successors in interest, and any person having actual notice thereof, until such conveyance is recorded in the Authority. Every such conveyance so recorded shall be valid as against all persons. Any instrument, recording of which is required by the provisions of this Act, shall take effect from the date of its record in the books of the Authority, and not from the date of its execution. SEC. 50. 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 similar to the land registration process. The conveyance to be recorded shall also state: (a) 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 vendor; and (b) the interest transferred by the conveyance. SEC. 51. Establishment of System of Recording. - The Authority shall establish a national system for recording documents that affect the title to or any interest in any aircraft registered in accordance with this Act and in any aircraft engine, propeller, appliance or spare parts intended for use on any such aircraft.

SEC. 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: (a) The identifying description of the aircraft; (b) The names of the parties to the conveyance; (c) The date of the instrument and the date and time it is recorded; (d) The interest in the aircraft transferred by the conveyance; (e) If such conveyance is made as security for indebtedness, the amount and date of maturity of such indebtedness; and (f) All particular estates, mortgages, liens, leases, orders and other encumbrances and all decrees, instruments, attachments or entries affecting aircraft and other matters properly determined under this Act. SEC. 53. Validity Before Filing. - Upon the establishment of a recording system in accordance with the provisions of this Act, 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. SEC. 54. 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 Director General shall deem necessary to show who have property interests in such aircraft and the nature and extent of such interest. CIVIL AVIATION REGULATIONS PART 4 4.2 REGISTRATION REQUIREMENTS 4.2.1.1 GENERAL (a) No person may operate a civil aircraft that is eligible for registration under the laws of the Republic of the Philippines unlessa it has been registered by its owner/operator under the provisions of the laws of the Republic of the Philippines and the Authority has issued a Certificate of Aircraft Registration for that aircraft which shall be carried aboard that aircraft for all operations. (21 March 2011). (b) The certificate of aircraft registration shall be in English. (21 March 2011) 4.2.1.2 REGISTRATION ELIGIBILITY (a) An aircraft is eligible for registration if it is: (1) 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 (as referred in Section

44 of the RA 9497), or a government entity of the Republic of the Philippines; and (2) Not registered under the laws of any foreign country. (b) A foreign-owned or registered aircraft may be eligible for registration, if utilized by members of aero clubs organized for recreation, sport or the development of flying skills as a prerequisite to any aeronautical activities of such clubs within the Philippine airspace, and if so authorized by the Authority. 4.3 NATIONALITY AND REGISTRATION MARKS 4.3.1.2 GENERAL (a) No person may operate a civil aircraft registered in the Republic of the Philippines unless it displays nationality and registration marks in accordance with the requirements of this section. The letter or letters used to identify the nationality of the Republic of the Philippines shall conform to the requirements specified in this Part. This is to be followed by a series of numbers or letters assigned by the Authority in accordance with this Part. (b) Unless otherwise authorized by the Authority, no person may place on any aircraft a design, mark, or symbol that modifies or confuses the nationality and registration marks. The marks shall not be confused with the International Five Letter Code of Signals or Distress Codes. (c) Permanent marking of aircraft nationality and registration shall be painted on the aircraft or affixed by other means insuring a similar degree of permanence, have no ornamentation: (1) Contrast in color with the background: and (2) Be legible. (d) The Authority maintains a current register showing for each aircraft registered in the Republic of the Philippines, the information recorded in the Certificate of Registration. (e) The register of unmanned free balloons shall contain the date, time and location of release, the type of balloon and the name of the operator. 4.3.1.3 NATIONALITY AND REGISTRATION MARKS TO BE USED (a) Every aircraft duly registered by the Authority shall display the registration mark assigned to such aircraft. The nationality and registration marks appearing on the aircraft shall consist of a group of characters. (b) The nationality mark shall precede the registration mark. When the first character of the registration mark is a letter, it shall be preceded by a hyphen. (c) The nationality mark for Philippine registered aircraft is RP. (d) The registration mark shall be a combination of letters and numbers assigned by the Authority. (e) The nationality and registration marks borne by aircraft shall consist of the following: (1) The Roman capital letters "RP" immediately preceding identification number for aircraft used solely for governmental purposes, and or belonging to the Philippine government, provinces, municipalities, or political subdivisions (except those belonging to the Philippine Army). (2) The Roman capital letters "RP-C" will classify aircraft, except gliders, as complying fully with the airworthiness requirements as the case may be for the purpose of carrying persons or property, for or without hire.

(3) Gliders complying fully with airworthiness requirements shall display the Roman capital letters "RP-G" immediately preceding the license number or numbers. (4) The Roman capital letters "RP-R" will classify an aircraft as complying in some limited respect with the airworthiness requirements as the case may be, provided each deficiency is compensated for by means of suitable operation limitations. The certificate of an aircraft in this classification will specify the use or uses, for such aircraft is deemed airworthy by such use or uses, shall exclude carrying of passengers, and shall be for industrial purposes only. (5) The Roman capital letters "RP-X" will classify an aircraft as one which has applied for an experimental certificate. (6) Non-type certificated aircraft will only be registered as RP-S (refer to Subpart 11.10.2 (b). (7) The airworthiness symbol will be followed by a number or numbers issued for the purposes of further identification

8.3 AIRCRAFT MAINTENANCE REQUIREMENTS

8.3.1.2 GENERAL (a) The registered owner or operator of an aircraft is responsible for maintaining that aircraft in an airworthy condition, including compliance with all airworthiness directives. (b) No person may perform maintenance, preventive maintenance, or alterations on an aircraft other than as prescribed in this Subpart and other applicable regulations, including Part 5. (c) No person may operate an aircraft for which a manufacturer's maintenance manual or instructions for continued airworthiness has been issued that contains an airworthiness limitations section unless the mandatory replacement times, inspection intervals and related procedures set forth in operations specifications approved by the Authority under Part 9 or in accordance with an inspection program approved under this Subsection are complied with. (d) The owner or operator shall use one of the following inspection programs as appropriate for aircraft and the type operation: (1) Annual inspection; (2) Annual/100 hours inspection; (3) Progressive; or (4) Continuous airworthiness program. (e) No aircraft shall have a Maintenance Release signed after inspection unless the replacement times for life-limited parts specified in the aircraft specification-type data sheets are complied with and the airplane, including airframe, power-units, propellers, rotors, appliances, and survival and emergency equipment, is inspected in accordance with the selected inspection program. (f) Each person wishing to establish or change an approved inspection program shall submit the program for approval by the Authority and shall include in writing: (1) Instructions and procedures for conduct of inspection for the particular make and model aircraft, including necessary tests and checks. The instructions shall set forth in detail the parts and areas of the aeronautical products, including survival and emergency equipment required to be inspected; and (2) A schedule for the inspections that shall be performed expressed in terms of time in service, calendar time, number of system operations or any combination of these.

(g) When an operator changes from one inspection program to another, the operator shall apply the time in service, calendar times, or cycles of operation accumulated under the previous program, in determining when the inspection is due under the new program. 8.9 PASSENGERS AND PASSENGER HANDLING 8.9.2.2 DENIAL OF TRANSPORTATION (a) An Operator may deny transportation because a passenger (1) Refuses to comply with the instructions regarding exit seating restrictions prescribed by the Authority; or (2) Has a handicap that can be physically accommodated only by an exit row seat. CAB ECONOMIC REGULATIONS NUMBER 2 Section 2. Definitions b. Charter flight or charter trip means air transportation performed by an air carrier where the entire capacity of one or more aircraft, or less than the entire capacity of an aircraft, has been engaged for the movement of persons and their personal baggage or for the movement of property on a time, mileage or trip basis (1) By a person for his own use (including a direct air carrier when such aircraft is engaged solely for the transportation of company personnel or commercial traffic in cases of emergency); (2) By a representative (or representatives acting jointly) of a group for the use of such group (provided no such representative is professionally engaged in the formation of groups for transportation or in the solicitation or sale of transportation services); or (3) By an airfreight forwarder holding a currently effective permit. c. On-route shall refer to service performed by an air carrier between points between which said carrier is authorized to provide service pursuant to its certificate of public convenience and necessity or foreign air carrier permit; Provided, however, that passenger charter trips by any allcargo carrier are not considered to be on-route whether or not performed between points designed to receive service by such carrier in its certificate or permit. d. Off-route shall refer to any charter which is not on-route. e. Pro-rata charter means a charter the cost of which is divided among the passengers transported. f. Single entity charter means a charter the cost of which is borne by the charterer and not by individual passengers, directly or indirectly. g. Mixed charter means a charter the cost of which is borne, or pursuant to contract may be borne, partly by the charter participants and partly by the charterer. NUMBER 4 Section 2. Definitions (a) Air Freight Forwarders 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-bulking and distributing

operations with respect to consolidated shipments, and is responsible 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. (b) Off-line Carrier means, for purposes of this Regulation, any foreign air carrier not certificated by the Board, but who maintains office or who has designated or appointed agents or employees in the Philippines, who sells or offers for sale any air transportation in behalf of said foreign air carrier and/or others, or negotiate for, or holds itself out by solicitation, advertisement, or otherwise sells, provides, furnishes, contracts, or arranges for such transportation. NUMBER 5 Section 4. Definitions (a) Air Taxi Operator means an air carrier utilizing small aircraft for charter trip and/or individual service transportation within the territory of the Republic of the Philippines, with proper certification or permit from the Board. NUMBER 7 See separate page NUMBER 8 Section 2. Definition (d) General Sales Agent means a person, who, pursuant to an authority from an airline, by itself or through an agent, sells or offers for sale any air transportation, or negotiates for, or holds himself by solicitation, advertisement or otherwise as one who sells, provides, furnishes, contracts or arranges for, such air transportation. (e) 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 who, as principal or agent, sells, or offers for sale any air transportation of cargo, or negotiates for, or holds himself out by solicitation, advertisement or otherwise as one who provides, sells, furnishes, contracts, or arranges for, such air transportation of cargo. REPUBLIC ACT No. 6235 AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR OTHER PURPOSES. Section 1. It shall be unlawful for any person to compel a change in the course or destination of an aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight. An aircraft is in flight from the moment all its external doors are closed following embarkation until any of such doors is opened for disembarkation. It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is within the said territory. Section 2. Any person violating any provision of the foregoing section shall be punished by an imprisonment of not less than twelve years but not more than twenty years, or by a fine of not less than twenty thousand pesos but not more than forty thousand pesos. The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five thousand pesos but not more than fifty thousand pesos shall be imposed upon any person committing such violation under any of the following circumstances: 1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft;

2. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the aircraft; or 3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape. Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any passenger aircraft operating as a public utility within the Philippines, and explosive, flammable, corrosive or poisonous substance or material. Section 4. The shipping, loading or carrying of any substance or material mentioned in the preceding section in any cargo aircraft operating as a public utility within the Philippines shall be in accordance with regulations issued by the Civil Aeronautics Administration. Section 5. As used in this Act (1) "Explosive" shall mean any substance, either solid or liquid, mixture or single compound, which by chemical reaction liberates heat and gas at high speed and causes tremendous pressure resulting in explosion. The term shall include but not limited to dynamites, firecrackers, blasting caps, black powders, bursters, percussions, cartridges and other explosive materials, except bullets for firearm. (2) "Flammable" is any substance or material that is highly combustible and self-igniting by chemical reaction and shall include but not limited to acrolein, allene, aluminum dyethyl monochloride, and other aluminum compounds, ammonium chlorate and other ammonium mixtures and other similar substances or materials. (3) "Corrosive" is any substance or material, either liquid, solid or gaseous, which through chemical reaction wears away, impairs or consumes any object. It shall include but not limited to alkaline battery fluid packed with empty storage battery, allyl chloroformate, allytrichlorosilane, ammonium dinitroorthocresolate and other similar materials and substances. (4) "Poisonous" is any substance or materials, except medicinal drug, either liquid, solid or gaseous, which through chemical reactions kills, injuries or impairs a living organism or person, and shall include but not limited to allyl isothiocyanate, ammunition (chemical, nonexplosive but containing Class A, B or poison), aniline oil, arsine, bromobenzyle cyanide, bromoacetone and other similar substances or materials. Section 6. Any violation of Section three hereof shall be punishable by an imprisonment of at least five years but not more than ten years or by a fine of not less than ten thousand pesos but not more than twenty thousand pesos: Provided, That if the violation is committed by a juridical person, the penalty shall be imposed upon the manager, representative, director, agent or employee who violated, or caused, directed, cooperated or participated in the violation thereof: Provided, further, That in case the violation is committed in the interest of a foreign corporation legally doing business in the Philippines, the penalty shall be imposed upon its resident agent, manager, representative or director responsible for such violation and in addition thereto, the license of said corporation to do business in the Philippines shall be revoked. Any violation of Section four hereof shall be an offense punishable with the minimum of the

penalty provided in the next preceding paragraph. Section 7. For any death or injury to persons or damage to property resulting from a violation of Sections three and four hereof, the person responsible therefor may be held liable in accordance with the applicable provisions of the Revised Penal Code. Section 8. Aircraft companies which operate as public utilities or operators of aircraft which are for hire are authorized to open and investigate suspicious packages and cargoes in the presence of the owner or shipper, or his authorized representatives if present; in order to help the authorities in the enforcement of the provisions of this Act: Provided, That if the owner, shipper or his representative refuses to have the same opened and inspected, the airline or air carrier is authorized to refuse the loading thereof. Section 9. Every ticket issued to a passenger by the airline or air carrier concerned shall contain among others the following condition printed thereon: "Holder hereof and his hand-carried luggage(s) are subject to search for, and seizure of, prohibited materials or substances. Holder refusing to be searched shall not be allowed to board the aircraft," which shall constitute a part of the contract between the passenger and the air carrier. Section 10. The Civil Aeronautics Administration is hereby directed to promulgate within one month after the approval of this Act such regulations as are provided in Section four hereof and cause the publication of such rules and regulations in the Official Gazette and in a newspaper of national circulation for at least once a week for three consecutive weeks. Such regulations shall take effect fifteen days after publication in the Official Gazette. Section 11. This Act shall take effect after the publication mentioned in the preceding section. Approved: June 19, 1971 FREEDOMS OF THE AIR First Freedom of the Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State or States to fly across its territory without landing (also known as a First Freedom Right). Second Freedom of the Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State or States to land in its territory for nontraffic purposes (also known as a Second Freedom Right). Third Freedom of The Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State to put down, in the territory of the first State, traffic coming from the home State of the carrier (also known as a Third Freedom Right). Fourth Freedom of The Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State to take on, in the territory of the first State, traffic destined for the home State of the carrier (also known as a Fourth Freedom Right). Fifth Freedom of The Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State to put down and to take on, in the

territory of the first State, traffic coming from or destined to a third State (also known as a Fifth Freedom Right). ICAO characterizes all "freedoms" beyond the Fifth as "so-called" because only the first five "freedoms" have been officially recognized as such by international treaty. Sixth Freedom of The Air - the right or privilege, in respect of scheduled international air services, of transporting, via the home State of the carrier, traffic moving between two other States (also known as a Sixth Freedom Right). The so-called Sixth Freedom of the Air, unlike the first five freedoms, is not incorporated as such into any widely recognized air service agreements such as the "Five Freedoms Agreement". Seventh Freedom of The Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State, of transporting traffic between the territory of the granting State and any third State with no requirement to include on such operation any point in the territory of the recipient State, i.e the service need not connect to or be an extension of any service to/from the home State of the carrier. Eighth Freedom of The Air - the right or privilege, in respect of scheduled international air services, of transporting cabotage traffic between two points in the territory of the granting State on a service which originates or terminates in the home country of the foreign carrier or (in connection with the so-called Seventh Freedom of the Air) outside the territory of the granting State (also known as a Eighth Freedom Right or "consecutive cabotage"). Ninth Freedom of The Air - the right or privilege of transporting cabotage traffic of the granting State on a service performed entirely within the territory of the granting State (also known as a Ninth Freedom Right or "stand alone" cabotage). Source: Manual on the Regulation of International Air Transport (Doc 9626, Part 4)