Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.・Read the official text ↗
Statutory Lien.
SEC. 73. Statutory Lien. — The Director General, after complying with the required legal formalities provided by law, shall have the power to impose lien on aircraft and machinery: 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 Failure to pay administrative fines arising from violation of any rules and regulations promulgated by the Authority.
Lien on Personal and Real Properties.
SEC. 74. Lien on Personal and Real Properties. — 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. Properties and assets levied upon may be sold and the proceeds thereof shall be applied to the satisfaction of the obligation after due notice and hearing.
Police Authority.
SEC. 75. Police 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. The grant of such powers shall be in conformity with the functions exclusively provided by law to be exercised by the Philippine National Police and other concerned government agencies: Provided, That the Authority may request the assistance of other law enforcement agencies, including request for deputization as may be required. Such police authority shall be exercised in connection with the following: Maintenance of security to passengers, cargoes, aircraft, airport equipment, structures, facilities, personnel, funds and documents; Regulating the entry to, exit from and movement within an airport; Maintenance of peace and order within the premises of an airport in coordination with local police authorities and other authorized peace-keeping entities within an airport; Regulation and supervision of private security agencies operating within an airport; and Enforcement of rules and regulations promulgated by the Board pursuant to the authority granted under this Act.
Regulation of Building Heights.
SEC. 76. Regulation of Building Heights. — The Board shall have the power to regulate the height of buildings, towers, antennae, and other edifices, situated within the vicinity of or in close proximity to airports estimated to endanger the flight of aircrafts. It shall also have the power to prohibit or regulate the establishment and operations of electrical, electronics, sound, magnetic, laser, or other electronic gadgets, equipment or installations which will tend to interfere with or impair air navigation in accordance with the international standards and recommended practices on airports, as recommended by the ICAD.
Authority Respecting the Transportation of Dangerous Goods by Air.
SEC. 77. Authority Respecting the Transportation of Dangerous Goods by Air. — 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.
Development of New Airports.
SEC. 78. Development of New Airports. — The Board shall be responsible for the planning, development, construction, operation, maintenance, or the expansion of airports. In planning and developing new airports, the Board shall consider: The suitability of a proposed site in terms of terrain and proximity to population center(s); The projected size of the market to be served by a proposed airport; The ability of a proposed airport to generate sufficient revenue to cover costs of operation and maintenance; The availability of funding from both local and foreign sources for the construction of a new airport or expansion of an existing one; The proximity of other airports to a proposed new airport and the capability of such other airport to handle traffic projected to be handled by the new proposed airport; The government’s public service obligations, more particularly the government’s duty to ensure the availability of air transport infrastructure for remote areas far from major population centers and that are not otherwise easily accessible by transportation via land or sea. In such cases, the Board shall take reasonable steps to ensure that funding will be available for the operation and maintenance of such airports; ICAO best practices and recommendations concerning the development of airports; and Such other considerations as the Board, in the exercise of its reasonable discretion, may consider relevant or important. CHAPTER XIPENALTIES
Power of the Authority to Investigate Violations.
SEC. 79. Power of the Authority to Investigate Violations. — Correlative to the provisions of Section 36 of this Act, the Director General at his own volition, or at the instance of a private person, or upon the initiative of the Board, may conduct investigations based on the procedures that the Board may prescribe and using the Rules of Court as its suppletory guidelines.
Power to Direct an Immediate Halt to an Offending Practice.
SEC. 80. Power to Direct an Immediate Halt to an Offending Practice. — The Director General, after due investigation conducted, may issue a cease and desist order directing an air carrier(s) to immediately cease any practice found to be in violation of the provisions of this Act. Such order shall be without prejudice to the civil or criminal prosecution of persons or individuals found to be involved in practices prohibited under Chapter XI of this Act.
Penalties.
SEC. 81. 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: Any person who operates any aircraft without the current airworthiness certificate, in violation of any rule, regulation or order issued by the Director General relating to aeronautical safety standards or practices or procedures 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; 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; 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; 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. 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: 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 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 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&mdashjudicial 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&mdashnamed 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 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 he present or to testify; or 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 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: Any person who operates any aircraft without a valid or current license Of 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; Any person who knowingly and willfully forges, counterfeits, alters or falsifies any certificate or aviation certificate authorized to be issued pursuant to the provisions or 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; 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; 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; 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 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 exceeding Five Hundred Thousand Pesos (PhP500,000.00), or both, as determined by the court, shall be imposed upon any person who: (i) 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 (ii) After due warning by the Director General, or his duly authorized representative, continues to maintain any misleading light or signal; or (iii) Knowingly removes, extinguishes, or interferes with the operation of any true light or signal; Any person who destroys or damages air navigation facilities or interferes with their operation 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. If such act endangers the safety of air navigation, the court may impose an increased penalty of imprisonment from three (3) years to six (6) years or a fine ranging from Five Hundred Thousand Pesos (PhP500,000.00) to One Million Pesos (PhP1,000,000.00) [Convention for Suppression of Unlawful Acts Against the Safety of Civil Aviation, signed at Montreal, 23 September 1971, Art. 1(d)]; Any person who, whether on board or on the ground, communicates false information to an aircraft and thereby endangering the safety of an aircraft in flight 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)]; Any person who, while on board an aircraft, interferes with a crew member’s or flight attendant’s performance of their duties, assaults, intimidates, or threatens any crewmember or flight attendant, 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; Any person who, while on board or while attempting to board, any aircraft in or intended for operation in commercial air transport, has, on or about his person or his property, a concealed deadly or dangerous weapon which is, or would be accessible to such person in flight, or any person who has on or about his person, or who has placed, or attempted to place aboard such aircraft any bomb or similar explosive or incendiary device, 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. 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;" 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)]; 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)]; 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 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, if 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 hot 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).
General Penalty.
SEC. 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 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.
Penalty Considerations.
SEC. 83. Penalty Considerations. — In determining the amount of any such penalty, the Director General shall take into account the nature, circumstances, extent and gravity of the violation and, with respect to the person found to have committed the violation, 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.
Inflation Adjustment to Civil Penalties.
SEC. 84. Inflation Adjustment to Civil Penalties. — The Director General shall adjust the monetary level of the penalties, as may be authorized by the Board to impose, at least once every four (4) years: Provided, That the Board shall promulgate such revised penalties in accordance with the Administrative Code of the Philippines and economic/monetary index provided by the Monetary Board, including any revision or successor thereto. CHAPTER XIITRANSITORY PROVISIONS
Abolition of the Air Transportation Office.
SEC. 85. Abolition of the Air Transportation Office. — 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. All assets, real and personal properties, funds and revenues owned by or vested in the different offices of the ATO are transferred to the Authority. All contracts, records and documents relating to the operations of the abolished agency and its offices and branches are likewise transferred to the Authority. Any real property owned by the national government or government-owned corporation or authority which is being used and utilized as office or facility by the ATO shall be transferred and titled in favor of the Authority.
Transfer of Personnel of Air Transportation Office.
SEC. 86. Transfer of Personnel of Air Transportation Office. — 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, with appointments attested by the Civil Service Commission, whether hired on a permanent or temporary basis, who would opt to retire or to be separated from the service, and those hired on a casual or contractual basis, if qualified, shall be given the option to avail themselves of any of the following, whichever is beneficial to them; 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; 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: 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; 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 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 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 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.
Organization of the Authority.
SEC. 87. Organization of the Authority. — 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.
Saving Clause.
SEC. 88. Saving Clause. — Unless otherwise provided in this Act, rights or privileges vested or acquired Under the provisions of Republic Act No. 776, as amended, its rules and regulations prior to the effectivity of this Act shall remain in full force and effect.
Legal Counsel.
SEC. 89. Legal Counsel. — The Office of the Government Corporate Counsel shall act as the external legal counsel of the Authority before any court of law or any quasi-judicial bodies of the government without prejudice of any deputation Or designation that it may issue in favor of the in-house counsel of the Authority.
Implementing Rules and Regulations.
SEC. 90. Implementing Rules and Regulations. — The Authority shall adopt rules and regulations to implement the provisions of this Act within sixty (60) days from the date of its approval.
Congressional Oversight Committee.
SEC. 91. Congressional Oversight Committee. — A Congressional Oversight Committee, hereinafter referred to as the Committee, is hereby constituted in accordance with the provisions of this Act. The Committee shall be composed of the Chairman of the Senate Committee on Public Services and Chairman of the House Committee on Transportation and four (4) additional members from each House to be designated by the Senate President and the Speaker of the House of Representatives, respectively. The Committee shall, among others, in aid of legislation: Monitor and ensure the proper implementation of this Act; Review the collection performance of the Authority; and Review the proper implementation of the programs of the Authority and the use of its collected fund. In furtherance of the hereinabove cited objectives, the Committee is empowered to require the Authority to submit all pertinent information including, but not limited to, its collection performance data and its annual audited financial statements certified by the Commission on Audit. The Congressional Oversight Committee shall be in existence for a period of five (5) years, and thereafter, its oversight functions shall be exercised by the Senate Committee on Public Services and the House Committee on Transportation acting separately.
Separability Clause.
SEC. 92. Separability Clause. — If any part or provision of this Act shall be declared unconstitutional, the other parts or provisions hereof which are not affected thereby, shall continue in full force and effect.
Repealing Clause.
SEC. 93. Repealing Clause. — All laws, decrees, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly, including provisions of any law, decrees, executive orders, rules and regulations or part thereof which provides exemptions to any air carrier, organization or entity from payment of any Civil Aviation Authority of the Philippines imposed fees and charges, relating to, hut not limited to, navigation, communication, concession, license and permit. Notwithstanding the foregoing, 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.
Effectivity.
SEC. 94. Effectivity. — This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation. Approved: (Sgd.) PROSPERO C. NOGRALES (Sgd.) MANNY VILLAR Speaker of the House of Representatives President of Senate This Act which originated in House of Representatives was finally passed by the House of Representatives and the Senate on February 5, 2008 and February 4, 2008, respectively. (Sgd.) ROBERTO P. NAZARENO (Sgd.) EMMA LIRIO-REYES Secretary General House of Representatives Secretary of Senate Approved: March 4, 2008 (Sgd.) GLORIA MACAPAGAL-ARROYO President of the Philippines
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).