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Republic Act No 776

Republic Act No 776

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Published by Loren Martinez

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Published by: Loren Martinez on Jun 17, 2012
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06/17/2012

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REPUBLIC ACT NO. 776AN ACT TO REORGANIZE THE CIVIL AERONAUTICSBOARD AND THE CIVIL AERONAUTICSADMINISTRATION, TO PROVIDE FOR THE REGULATIONOF CIVIL AERONAUTICS IN THE PHILIPPINES ANDAUTHORIZING THE APPROPRIATION OF FUNDS THEREFORSection 3.
Words and phrases defined.
- The followingdefinitions shall control in the application andconstruction of this Act, unless the context otherwiserequires:(a) "Administrator" means the Civil AeronauticsAdministrator.(b) "Aerodrome" means a defined area on land orwater, including any buildings, installations andequipment intended to be used either wholly or in partfor the arrival, departure and movement of aircraft.(c) "Aeronautics" means the science and art of flight.(d) "Aeronautical telecommunication" means andincludes any telegraph or telephone communicationsigns, signals, writings, images and sounds of anynature, by wire, radio or other systems or processes of signaling, used in the aeronautical service.(e) "Aeronautical telecommunication station" meansany station operated to provide telecommunicationsfor aeronautical purposes.(f) "Air carrier" means a person who undertakes,whether directly or indirectly, or by a lease or anyother arrangements, to engage in air transportation orair commerce.(g) "Air commerce" means and includes airtransportation for pay or hire, the navigation of aircraft in furtherance of a business, or the navigationof aircraft from one place to another for operation inthe conduct of a business.(h) "Air transportation" means service or carriage of persons, property, or mail, in whole or in part, byaircraft.(i) "Aircraft" means any contrivance now known orhereafter invented, used, or designed for navigationof, or flight in, the air.(j) "Aircraft engine" means an engine used or intendedto be used for propulsion of aircraft and includes allparts, appurtenances, and accessories thereof otherthan propellers.(k) "Aircraft radio station" means a radio station onboard any aircraft.(l) "Airman" means any individual who engages, as theperson in command or as pilot, mechanic, flight radiooperator or member of the crew, in the navigation of aircraft while under way; and any individual who isdirectly in charge of inspection, maintenance,overhauling, or repair of aircraft, aircraft engine,propellers, or appliances; and any individual whoserves in the capacity of aircraft dispatcher or air-traffic control operator.(m) "Air navigation facility" means any facility used in,available for use in, or designed for use in, aid of airnavigation, including areas, lights, any apparatus orequipment for disseminating weather information, forsignalling, for radio-directional finding, or for radio orother electrical communication, and any otherstructure or mechanism having a similar purpose forguiding or controlling flight in the air or the landingand take-off of aircraft.(n) "Airway" means a path thru the navigable airspace identified by an area of specified width on thesurface of the earth designated or approved by theAdministrator as suitable for air commerce or airtransportation.(o) "Airworthiness" means that an aircraft, its engines,propellers, and other components and accessories,are of proper design and construction, and are safe forair navigation purposes, such design and constructionbeing consistent with accepted engineering practiceand in accordance with aerodynamic laws and aircraftscience.(p) "Appliances" means instruments, equipment,apparatus, parts, appurtenances, or accessories, of whatever description, which are used or are capableof being or intended to be used in the navigation,operation, or control of aircraft in flight (includingparachutes and communication equipment and anyother mechanism or mechanisms installed in orattached to aircraft during flight), and which are not apart or parts of aircraft, aircraft engines or propellers.(q) "Board" means the Civil Aeronautics Board.(r) "Citizen of the Philippines" means (a) an individualwho is a citizen of the Philippines, or (b) a partnershipof which each member is such an individual, or (c) acorporation or association created or organized underthe laws of the Philippines, of which the directing headand two-thirds or more of the Board of Directors andother managing officers are citizens of the Philippines,and in which sixty per centum of the voting interest isowned or controlled by persons who are citizens of thePhilippines.(s) "Civil Aircraft" means any aircraft other than apublic aircraft.(t) "Domestic air carrier" means an air carrier who is acitizen of the Philippines:
Provided,
 That an air carrierwho is not a citizen of the Philippines but who may beallowed to engage in domestic and/or foreign airtransportation, or domestic and/or foreign aircommerce, in accordance with the provisions of section twelve, Chapter IV of this Act, shall, to allintents and purposes, be classified as a domestic aircarrier.(u) "Domestic air commerce" means and includes aircommerce within the limits of the Philippine territory.(v) "Domestic air transportation" means airtransportation within the limits of the Philippineterritory.(w) "Flight radio operator" means and includes amember of the operating crew of aircraft who isgranted a radio operator's license by the CivilAeronautics Administrator to operate aircraft radiostation.(x) "Foreign air carrier" means an air carrier who is nota citizen of the Philippines, and/or an air carrier otherthan a domestic air carrier.(y) "Foreign air commerce" means and includes aircommerce between the Philippines and any placeoutside it.(z) "Foreign air transportation" means airtransportation between the Philippines and any placeoutside it, or wholly outside the Philippines.(aa) "Landing field" means any locality; either onwater or on land, which is adapted for landing andtaking-off of aircraft located along an airway, and isintermediate to airports connected by the airway,whether or not facilities are provided for the shelter,servicing, or repair of aircraft, or for receiving ordischarging passengers or cargo.(bb) "Mail" means Philippine mail or foreign-transitmail.(cc) "Navigation of aircraft" or "navigate aircraft"includes the piloting of aircraft.(dd) "Navigable air space" means air space above theminimum altitudes of flight prescribed by regulationsissued under this Act.(ee) "Permit" means Certificate of Public Convenienceand Necessity.
 
(ff) "Person" means any individual, firm,copartnership, corporation, company, association, joint-stock association, or body politic; and includesany trustee, receiver, assignee, or other similarrepresentative thereof.(gg) "Propeller" includes all parts, appurtenances andaccessories thereof.(hh) "Public aircraft" means an aircraft usedexclusively in the service of the National Governmentof the Republic of the Philippines or of any politicalsubdivision or instrumentality thereof, but notincluding government-owned aircraft engaged in aircommerce.(ii) "Reasonable charges" are those which insure justand reasonable return on the capital invested, takinginto consideration the cost of construction, operationand maintenance and non-aeronautical revenue of theair navigation facility affected, which shall be uniform.Section 4.
Declaration of policies.
- In the exercise andper-formance of its powers and duties under this Act,the Civil Aeronautics Board and the Civil AeronauticsAdministrator shall consider the following, amongother things, as being in the public interest, and inaccordance with the public convenience andnecessity:(a) The development and utilization of the air potentialof the Philippines.(b) The encouragement and development of an airtransportation system properly adapted to the presentand future of foreign and domestic commerce of thePhilippines, of the Postal Service, and of the NationalDefense;(c) The regulation of air transportation in such manneras to recognize and preserve the inherent advantagesof, assure the highest degree of safety in, and fostersound economic condition in, such transportation, andto improve the relations between, and coordinatetransportation by, air carriers;(d) The promotion of adequate, economical andefficient service by air carriers at reasonable charges,without unjust discriminations, undue preferences oradvantages, or unfair or destructive competitivepractices;(e) Competition between air carriers to the extentnecessary to assure the sound development of an airtransportation system properly adapted to the need of the foreign and domestic commerce of the Philippines,of the Postal Service, and of the National Defense;(f) To promote safety of flight in air commerce in thePhilippines; and(g) The encouragement and development of civilaeronautics.Section 10.
Powers and duties of the Board.
-A. Except as otherwise provided herein, the Boardshall have the power to regulate the economic aspectof air transportation, and shall have the generalsupervision and regulation of, and jurisdiction andcontrol over, air carriers as well as their property,property rights, equipment, facilities, and franchise, inso far as may be necessary for the purpose of carryingout the provisions of this Act.B. The Board may perform such acts, conduct suchinvestigations, issue and amend such orders, andmake and amend such general or special rules,regulations, and procedures as it shall deemnecessary to carry out the provisions of this Act.C. The Board shall have the following specific powersand duties:1. In accordance with the provisions of Chapter IV of this Act, to issue, deny, amend, revise, alter, modify,cancel, suspend or revoke, in whole or in part, uponpetition or complaint, or upon its own initiative, anytemporary operating permit or Certificate of PublicConvenience and Necessity:
Provided, however 
, Thatin the case of foreign air carriers, the permit shall beissued with the approval of the President of theRepublic of the Philippines.2. To fix and determine reasonable individual, joint orspecial rates, charges or fares which an air carriermay demand, collect or receive for any service inconnection with air commerce. The Board may adoptany original amended, or new individual, joint orspecial rates, charges or fares proposed by an aircarrier if the proposed individual, joint, or specialrates, charges or fares are not unduly preferential orunduly discriminatory or unreasonable. The burden of proof to show that the proposed individual, joint orspecial rates, charges or fares are just and reasonableshall be upon the air carrier proposing the same.In fixing rates, charges, or fares under the provisionsof this Act, the Board shall take into consideration,among other factors:a. The effect of such rates upon the movement of traffic;b. The need in the public interest of adequate andefficient transportation of persons and property by aircarriers at the lowest cost consistent with thefurnishing of such service;c. Such standards respecting the character and qualityof service to be rendered by air carriers as may beprescribed by or pursuant to law;d. The inherent advantages of transportation byaircraft; ande. The need of each air carrier for revenue sufficient toenable such air carrier, under honest, economical, andefficient management, to provide adequate andefficient air carrier service.3. To authorize charters whether domestic orinternational and special air services or flightheretofore exercised by the Department of Commerceand Industry underCommonwealth Act Numbered Ninety-seven under such terms and conditions as in its judgment the public interest requires.4. To approve or disapprove increase of capital, sale of equipment of an air carrier engaged in air commerce,consolidation, merger, purchase, lease, operatingcontract or acquisition and control between domesticair carriers; or between domestic air carriers andforeign air carriers; between domestic air carriers andany person engaged in any phase of aeronautics.5. To inquire into the management of the business of any air carrier and, to the extent reasonablynecessary for such inquiry, to obtain from such carrier,and from any person controlling, or controlled by, orunder common control with, such air carrier, full andcomplete reports and other information. Such reportsshall be under oath whenever the Board so requires.6. To require annual, monthly, periodical, and specialreports from any air carrier; to prescribe the mannerand form in which such reports shall be made; and torequire from any air carrier specific answers to allquestions upon which the Board may deeminformation to be necessary. Such reports shall beunder oath whenever the Board so Requires. TheBoard may also require any air carrier tofilewith it anycontract, agreement, understanding or arrangement,or a true copy thereof, between such air carrier andany other carrier or person, in relation to any trafficaffected by the provisions of this Act.7. To prescribed the forms of any and all accounts,records, and memoranda of the movement of traffic,as well as of the receipt and expenditures of money,and the length of time such accounts, records andmemoranda shall be preserved:
Provided,
 That any aircarrier may keep additional accounts, records ormemoranda if they do not impair the integrity of theaccounts, records, or memoranda prescribed or

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