RA 776 CHAPTER V.—Civil Aeronautics Administration

Organization of the Civil Aeronautics Administration.

Section 25

SEC. 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.

The Civil Aeronautics Administrator.

Section 26

SEC. 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 oftener as may be required, reports of the activities and transactions of his office.

The Deputy Administrator.

Section 27

SEC. 27. The Deputy Administrator.—The Deputy Administrator shall be appointed by the President with the consent of the Commission on Appointments. He shall receive annual basic salary of six thousand pesos.

Authority of the Officers of the Civil Aeronautics Administration to administer oaths.

Section 28

SEC. 28. Authority of the Officers of the Civil Aeronautics Administration to administer oaths.—Besides the Administrator, the Deputy Administrator, chiefs of the divisions, and duly designated members of the examining and investigating committees of the Civil Aeronautics Administration shall have authority to administer oaths in the transaction of official business.

Permanent divisions.

Section 29

SEC. 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 eternal organization.

Officials and employees.

Section 30

SEC. 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 least twenty-live per centum of their regular salaries.

Temporary personnel.

Section 31

SEC. 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.

Powers and Duties of the Administrator.

Section 32

SEC. 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: To carry out the purposes and policies established in this Act; to enforce the provisions of, the rules and regulations issued in pursuance to, said Act; and he shall primarily be vested with authority to take charge of the technical and operational phase of civil aviation matters. 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 government as far as practicable. 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. 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. 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 aircrafts registered under the provisions of this Act. To issue type certificate for aircraft, aircraft engine, propellers and appliances. To inspect, classify and rate any air navigation facilities and aerodromes available for the use of air craft 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, air navigation facilities as well as air routes to be used prior to the operation of Philippine registered aircraft foreign air transportation and from time to time thereafter as may be required in the interest of safety in air commerce. 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. 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; construction of obstructions to aerodromes; registration of aircraft; search and rescue; facilitation of air transport; operations of aircraft, 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 aircraft; identification of aircraft; rules for safe altitudes of flight; and such other rules, regulations, standards, governing other practices, methods, procedures as the Administrator may find necessary and appropriate to provide adequately for safety regularity and efficiency in air commerce and air navigation. To provide for the enforcement of the rules and regulations issued under the provisions of this Act and to conduct investigations for violations thereto. In undertaking such investigation, to require by subpoena or subpoena duces tecum, the attendance and testimony of witness, the production of books, papers, documents, exhibits matter, evidence, or the taking of depositions before any person authorized to administer oath. Refusal to submit to the reasonable requirements of the investigation committee shall be punishable in accordance with the provisions of this Act. To investigate accidents involving aircraft and report to the Civil Aeronautics Board the facts, conditions and circumstances relating to the accidents and the probable cause thereof; and to make such recommendations to the Civil Aeronautics Board as may tend to prevent similar accidents in the future: Provided, That when any accident has resulted in serious or fatal injury the Civil Aeronautics Board shall make public such report and recommendations: And provided, further, That no report on any accident or any statement made during any investigation or during hearing relative to such accident may be admitted as evidence or used for any purpose in any civil suit growing out of any matter revealed within any such report, statement, investigation or hearing. To collect and disseminate information relative to civil aeronautics and the development of air commerce and the aeronautical industry; to exchange with foreign governments, information pertaining to civil aeronautics; and to provide for direct communication, all matters relating to the technical or operational phase of aeronautics with international aeronautical agencies. To acquire and operate such aircraft as may be necessary to execute the duties and functions of the Civil Aeronautics Administration prescribed in this Act. To plan, design, acquire, establish, construct, operate, improve, maintain, and repair necessary aerodromes and other air navigation facilities. To impose and fix, except those mentioned in section forty, paragraph twenty-five and hereinafter provided, reasonable charges and fees for the use of government aerodromes or air navigation facilities; for services rendered by the Civil Aeronautics Administration in the rating of any aerodrome or air navigation facilities, civil aviation schools and instructions, aircraft repair stations, and aircraft radio and aeronautical telecommunications stations. 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. To fix the reasonable charges to be imposed in the use of privately owned air navigation facilities and aerodromes. To impose fines and/or civil penalties and make compromises in respect thereto. To adopt a system for registration of aircraft as hereinafter provided. 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. 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. To cooperate, assist and coordinate with any research and technical agency of the Government on matters relating to 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. To designate such prohibited and danger areas, in consonance with the requirements of the international aeronautical agencies and national security. To issue, deny, cancel or revoke any certificate, permit or license pertaining to aircraft, airmen, and air agencies: Provided, That any order denying, cancelling, 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. 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 person, firm, or public or private corporation or entity; (c) to acquire, hold, purchase, or lease any personal or real property, right of ways, and easements 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 or 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. 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 rentals for the use of any of the property under its management and control. As used in this sub-section: "Landing fees" refer to all charges for the use of any landing strip or runway by any aircraft landing or taking off at an aerodrome. "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. "Royalties" refer to all charges based on gross business or sales, or gross or net profit. "Supplies" include any and all items of whatever nature or description which may be necessary for, or incidental to, the operation of an aircraft. To grant permit to civil aircraft or persons to carry instrument or photographic device to be used for aerial photography or taking of pictures by photograph or sketching of any part of the Philippines.

Section 33

SEC. 33. The Civil Aeronautics Administration shall make an annual report to 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.