Powers and Functions of the Director General.
SEC. 35. Powers and Functions of the Director General. — The Director General shall be the chief executive and operating officer of the Authority. He shall have the following powers, duties and responsibilities:
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, to acquire, control, operate and maintain along such airways, 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 Director General 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 in accordance with the 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 aircraft 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&mdashregistered aircraft in 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 provide for the enforcement of the rules and regulations issued under the provisions of this Act and to conduct investigation for violations thereto. In undertaking such investigation, to require by subpoena ad testificandum or subpoena duces tecum, the attendance and testimony of witnesses, the production of books, papers, documents, exhibits matter, evidence, or the taking of depositions before any person authorized to administer oath. Refusal to submit the reasonable requirements of the investigation committee shall be punishable in accordance with the provisions of this Act;
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 on 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 Authority prescribed in this Act;
To plan, design, acquire, establish, construct, operate, improve, maintain, and repair necessary aerodromes and other air navigation facilities;
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 impose fines and/or civil penalties in respect thereto;
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, suspend, cancel or revoke any certificate, license pertaining to aircraft, airmen and air agencies: Provided, That any order denying, suspending, cancelling, revoking the certificate or license may be appealed to the Board, whose decisions shall be final within fifteen (15) days from the date of notification of such denial, cancellation or revocation;
To grant authorization to civil aircraft or persons to carry instruments or photographic devices to be used for aerial photography or taking of pictures by photograph or sketching of any part of the Philippines; and
Pursuant to a board resolution, to enter into, make and execute contracts of any kind with any person, firm, or public or private corporation.
The Office of Enforcement and Legal Service.
SEC. 36. The Office of Enforcement and Legal Service. — To effectively implement the civil aviation regulatory, supervisory and administrative mandates of the Director General under this Act, a permanent office within the Authority to be known as the Enforcement and Legal Service, to be composed of in-house counsels of the Authority and its necessary support staff shall be established by the Board.
This office shall provide adequate legal assistance and support to the Director General and to the Authority, as a whole, in the exercise of quasi-legislative and quasi-judicial power as provided for under this Act.
The exercise of the function by the Director General to issue subpoena ad testificandum, subpoena duces tecum and the imposition of any administrative sanction shall be within the exclusive determination and recommendation of the Enforcement and Legal Service.
Orders.
SEC. 37. Orders. — (a) Effectiveness of Orders — Except in emergency situations, all orders, rules and regulations of the Director General shall take effect within such reasonable times as the Director General may prescribe, and shall continue in force until a further order, rule or regulation, or for a specified period of time, as shall be prescribed in the order, rule or regulation.
(b) Emergencies — Whenever the Director General is of the opinion that an emergency requiring immediate action exists with respect to safety in civil aviation, the Director General shall have the power, either upon complaint or the Director General’s initiative without complaint, at once, if the Director General so orders, without answer or other form of pleading by the interested person or persons, and with or without notice, hearing, or the making or filing of a report, to make such just and reasonable orders, rules or regulations as may be essential in the interest of safety in civil aviation to meet such emergency: Provided, That the Director General shall immediately thereafter initiate proceedings relating to the matter giving rise to any such order, rule or regulation.
(c) Suspension and Modification of Orders — The Director General shall have the power to suspend or modify orders upon such notice and in such manner as the Director General shall find proper.
(d) Public Compliance — It shall be the duty of every person (along with any agents and employees thereof in the case of entities other than individuals), subject to this Act, to observe and comply with any order, rule, regulation, or certificate issued by the Director General under this Act, affecting such person so long as the same shall remain in effect.
Right of Access for Inspection.
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 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 government-owned, to conduct inspections or evaluation of the facilities therein in order to determine that its operations are conducted.
Authority to Prevent Flight.
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:
The aircraft may not be airworthy; or
The airman may not be qualified or physically or mentally capable for the flight; or
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.
Creation of Flight Standards Inspectorate Service.
SEC. 40. Creation of Flight Standards Inspectorate Service. — (a) The Board, other than the offices it shall create in furtherance of this Act, shall establish a permanent office known as the Flight Standards Inspectorate Service (FSIS) that will assist the Director General in carrying out the responsibilities of his office for certification and ongoing inspections of aircraft, airmen and air operators.
The FSIS shall perform the following functions:
Airworthiness inspection;
Flight operations inspection and evaluation; and
Personnel licensing.
Furthermore, the Board shall create, but not limited to, the following offices which will provide support to the functions of the FSIS, namely: Aircraft Registration, Aircraft Engineering and Standards, Airmen Examination Board and Office of the Flight Surgeon.
Validation.
SEC. 41. Validation. — The Director General is authorized, in the discharge of his certification and inspection responsibilities, to validate the actions of the civil authority of another State in lieu of taking the specific action, with the following restrictions:
For actions on airman or airworthiness certificates, the other State must be a signatory to the Chicago Convention and be fulfilling its obligations under the Chicago Convention with respect to the issuance and currency of these certificates; and
For actions applicable to air operators, the Director General must exercise discretion and require supporting documents. The Director General should ensure that, when validation is based on the actions of another civil aviation authority, there is no information to indicate that the State does not meet its obligations under the Chicago Convention regarding certification and ongoing validation of its air operators.
Aircraft Accident Investigation and Inquiry Board.
SEC. 42. Aircraft Accident Investigation and Inquiry Board. — Pending the establishment of an independent and separate government agency created to conduct investigation of accidents on land, air and water, the Director General shall organize an Aircraft Accident Investigation and Inquiry Board (AAIIB), to be composed of personnel of the Authority specialized in the various disciplines of civil aviation. The Board shall appoint the head of the AAIIB.
Reporting of Accidents — The Board shall promulgate rules and regulations governing the notification and the reporting of accidents and incidents involving aircraft.
General Authority to Investigate — Except as provided in subsection "c" of this section, the Director General shall have:
The power to investigate, or arrange by contract or otherwise for the investigation of, accidents involving aircraft occurring in the Philippines and civil aircraft registered in the Philippines occurring outside the territory of any foreign country for the purpose of determining the facts, conditions and circumstances relating to each accident and the probable cause thereof; and
The authority to participate in the investigation of accidents involving aircraft registered in the Philippines occurring outside the territory of a foreign country, consistent with any treaty" convention, agreement, or other arrangement between the Philippines and the country in whose territory the accident occurred.
Accident Prevention — The Director General shall take any corrective actions which, on the basis of the findings of the accident investigations authorized under this section, that, in the judgment of the Director General, will tend to prevent similar accidents in the future.
Investigation of Accidents Within Military Sites – Notwithstanding any other provision of this section, and, the investigation of an accident involving aircraft occurring within military sites in the Philippines, or an accident involving solely an aircraft of the armed forces of any foreign country occurring in the Philippines, shall be the responsibility of the military. For the purpose of this subsection, the term ‘military sites’ means those areas within the Philippines which are under the control of the military of the Philippines or the military of another country.
Use as Evidence — No part of any report or reports of the Director General relating to any accident, or the investigation thereof, shall be admitted as evidence or used in any suit or action for damages arising out of any matter mentioned in such report or reports except when the criminal liabilities/aspects of the accident is put into issue.
CHAPTER VIIINATIONALITY AND OWNERSHIP OF AIRCRAFT
Establishment of Registry.
SEC. 43. Establishment of Registry. — The Authority shall:
Establish and maintain a system for the national registration of aircraft in the Philippines;
Establish and maintain a system for the registration of liens, mortgages or other interests in aircraft or aircraft engines; and
Have sale authority to register aircraft and liens, mortgages or other interests in aircraft or aircraft engines.
Eligibility for Registration.
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.
The certificate of registration is conclusive evidence of ownership, except in a proceeding where such ownership is, or may be, at issue.
Application for Aircraft Registration.
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.
Issuance of Certificate of Registration.
SEC. 46. Issuance of Certificate of Registration. — Should the Director General, upon considering the application for registration, find the aircraft OT 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.
Nationality.
SEC. 47. Nationality. — An aircraft shall acquire Philippine nationality when registered pursuant to this Act.
Revocation.
SEC. 48. Revocation. — Any certificate of registration may be revoked by the Authority for any cause which renders the aircraft ineligible for registration,
Conveyance to be Recorded.
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 again.st 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.
Form of Conveyance.
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:
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
the interest transferred by the conveyance.
Establishment of System of Recording.
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.
Method of Recording.
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:
The identifying description of the aircraft;
The names of the parties to the conveyance;
The date of the instrument and the date and time it is recorded;
The interest in the aircraft transferred by the conveyance;
If such conveyance is made as security for indebtedness, the amount and date of maturity of such indebtedness; and
All particular estates, mortgages, Hens, leases, orders and other encumbrances and all decrees, instruments, attachments or entries affecting aircraft and other matters properly determined under this Act.
Validity Before Filing.
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.
Previously Unrecorded Ownership.
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.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
