Intro to Aviation Law Flashcards
ATO was replaced by CAAP, to be headed by the
Director General of Civil Aviation. Pursuant to Sections 4
and 85 thereof, the ATO was abolished, and all its
powers were transferred to the CAAP.
March 4, 2008
SECTION 5. Composition of the Board Members. — The corporate powers of
the Authority shall be vested in a board, which is composed of seven (7)
members:
a) The Secretary of the Department of Transportation and Communications shall act as
chairman ex officio;
b) The Director General of Civil Aviation (DGCA) shall automatically be the vice chairman of
the Board;
c) The Secretary of Finance;
d) The Secretary of Foreign Affairs;
e) The Secretary of Justice;
f) The Secretary of the Interior and Local Government; and
g) The Secretary of the Department of Labor and Employment.
In addition to the offices created under Sections 36 and 40 of this Act, the
Board shall establish the following permanent offices:
(a) Air Traffic Service;
(b) Air Navigation Service;
(c) Aerodrome Development and Management Service; and
(d) Administrative and Finance Service.
CPCN
Certificate of Public Convenience and Necessity
is a permit issued by the
Board authorizing a domestic person or entity (in which 60 per cent of the voting interest
is owned or controlled by persons who are citizens of the Philippines) to engage in
international and/or domestic, scheduled and/or non-scheduled air transportation
services. A grantee of a CPCN may operate even without a legislative franchise.
Certificate of Public Convenience and Necessity (CPCN)
covers almost all legal issues affecting aircraft and airport operations,
including aircraft navigation and maintenance, air traffic control safety, and pilot licensing
requirements.
Aviation law
is considered a matter of international law due to
the nature of air travel. However, the business aspects of airlines and their regulation also
fall under aviation law.
Aviation law
is an approval issued by the CAB authorizing a person or
entity to engage in airfreight forwarder, general sales agent, cargo sales agent
and off-line carrier. It is signed by the Executive Director subject to the
ratification of the Board on its scheduled meeting.
Letter of Authority
is a permit issued by the Board, and
approved by the President of the Philippines, authorizing a foreign air carrier to
engage in foreign air transportation services.
Foreign Air Carrier’s Permit (FACP)
is a permit issued by the Board, and
approved by the President of the Philippines, authorizing a foreign air carrier to
engage in foreign air transportation services.
Foreign Air Carrier’s Permit (FACP)
is a permit issued by the Board, and
approved by the President of the Philippines, authorizing a foreign air carrier to
engage in foreign air transportation services.
Foreign Air Carrier’s Permit (FACP)
“an independent regulatory body with quasi-judicial and quasi-legislative powers and
possessing corporate attributes attached to the Department of Transportation and Communication
(DOTC) for the purpose of policy coordination”.
CAAP
Air Transportation Office created
RA 776
Referring to the actions of an agency, board, or other government entity in which there are
hearings, orders, judgments or other activities similar to those conducted by courts.
Example: public utilities hearing on setting telephone company rates is quasi-judicial.1
* Proceedings that seem judicial but that are conducted by a person other than a judge - or
at least not in his or her judicial capacity.2
quasi-judicial
capacity is that in which a public administrative agency or body acts
when it makes rules and regulations. When an administrative agency exercises its rule-
making authority, it is said to act in a quasi-legislative manner.
quasi-legislative
