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RA 776 CHAPTER VIII.—Orders and Judicial Review

Section 45–49 · 5 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.Read the official text ↗

Enforcement of orders.

Section 45

SEC. 45. Enforcement of orders.—The orders, decisions, and regulations of the Board and the terms and conditions of any certificate issued by it may also be enforced by any of the civil remedies provided by existing law.

Effective date of orders and decisions.

Section 46

SEC. 46. Effective date of orders and decisions.—All orders, rules, and regulations of the Civil Aeronautics Board shall take effect at such time as 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 complaint 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, without 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 proceedings relating to the matters embraced in any such order, rule, or regulation and shall, insofar as practicable, give preference to such proceedings over all others under this Act.

Reconsideration of orders.

Section 47

SEC. 47. Reconsideration of orders.—Any interested party may request the reconsideration of 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.

Finality of decision, order or ruling.

Section 48

SEC. 48. Finality of decision, order or ruling.—Decisions, orders, and/or rulings 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.

Judicial review.

Section 49

SEC. 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 exceeded 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. Any ruling, order, decision or award of the Civil Aeronautics Board, except such ruling, order, decision or award with respect to the issuance of a permit, may be reviewed by the Supreme Court upon a writ of certiorari in proper cases. The procedure for review, except as herein provided, shall be prescribed by the Supreme Court. Except as otherwise provided in the preceding paragraph, all orders, rulings, or decisions of the Board may be reviewed on the application of any person affected thereby, certiorari in appropriate cases or by petition to be known as Petition for Review, which shall be filed within fifteen days from the notification of such order, ruing or decision, or, in case a petition for the reconsideration of such order is filed in accordance with the preceding section and the same is denied, within fifteen days after notice of the order denying the petition for reconsideration. Said petition shall be placed on file in the office of the Supreme Court, which shall furnish copies thereof to the secretary of the Board and other parties interested.

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Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).