RA 9497 Flashcards
“An act creating the civil aviation authority of the Philippines, authorizing the appropriation of funds therefore, and for other purposes.”
RA 9497
RA responsible for the creation of CAAP
RA 9497
How many chapters and sections does the RA 9497 have?
12 Chapters, 94 Sections
Chapter 1
General Provision
Chapter 2
Organization of the Authority
Chapter 3
General Policies
Chapter 4
Powers of the Authority
Chapter 5
Powers and Functions of the Board
Chapter 6
Authority Proper
Chapter 7
The Director General
Chapter 8
Nationality and Ownership of Aircraft
Chapter 9
Aviation Safety Powers and Functions
Chapter 10
Other Powers
Chapter 11
Penalties
Chapter 12
Transitory Provisions
Short Title of RA 9497
Civil Aviation Authority Act of 2008
Provide safe and efficient air transport and regulatory services in the PH by providing for the creation of a CAA with jurisdiction over the restructuring of the civil aviation system, the promotion, dev’t and regulation of the technical, operational, safety, and aviation security functions under the CAA
RA 9497 (Sec. 2 Declaration of Policy)
This refers to an aircraft operation in which an aircraft is used for specialized services.
Aerial Work
This refers to an airport, a defined area on land or water intended to be used either wholly or in part for the arrival, departure, and surface movement of aircraft.
Aerodrome
allows a plane to be stored and guide general air traffic
airport
It refers to the science and art of flight.
aeronautics or aviation
This refers to a person, who undertakes, whether directly or indirectly, or by a lease or any other arrangements, to engage in air transportation services or air commerce.
Air Carrier or Operator
It refers to a certificate authorizing an operator to carry out specified commercial air transport operations.
Air Operator Certificate (AOC)
This refers to any individual who engages, as the person in command or as a pilot, mechanic, aeronautical engineer, flight radio operator or member of the crew, in the navigation of aircraft while under way and any individual who is directly in charge of inspection, maintenance, overhauling, or repair of aircraft, aircraft engine, propellers, or appliances and individual who serves in the capacity of aircraft dispatcher or air traffic control operator.
Airman
This refers to an aircraft used exclusively in the service of any government or of any political jurisdiction thereof, including the Government of the Philippines, but not including any government-owned aircraft engaged in operations which meet the definition of commercial air transport operations.
Public Aircraft
It refers to any aircraft other than a State or public aircraft.
Civil Aircraft
This refers to any civil aircraft for the purpose of general aviation operations, aerial work or commercial air transport operations.
air commerce or air transport operation
This refers to an aircraft operation of a civil aircraft for other than a commercial air transport operation or aerial work operation.
general aviation operation
What is Section 3 of RA 9497?
definition of terms
CAAP is also referred to as?
the “Authority”
RA 9497 abolished what?
Air Transportation Office, RA 776
an independent regulatory body with quasi-judicial and quasi-legislative powers and possessing corporate attributes
Civil Aviation Authority of the Philippines
This refers to the person responsible for the exercise of all powers and the discharge of all duties of the Authority and shall have control over all personnel and activities of the Authority.
Director General
How many years shall a Director General be of tenure of office?
4 years
How many more years can a Director General’s appointment be extended?
4 years
How many board members consists the CAAP?
7 members
Who is chairman ex officio of CAAP?
Department of Transportation and Communications Secretary
Who is vice chairman of the CAAP board?
Director General of Civil Aviaiton (DGCA)
Who are the other members of the board of CAAP?
Secretary of:
- DOF
- DFA
- DOJ
- Interior and Local Government
- DOLE
All members of the Board or any of their relatives within the _______________, legitimate or common law, shall be prohibited from holding any interest whatsoever, either as investor, stockholder, officer or director, in any company or entity engaged in air commerce, whether scheduled or unscheduled, passenger or cargo, domestic or international, or in any business providing support services to persons engaged in air commerce.
fourth civil degree of consanguinity or affinity
How many years of expiry from termination of appointment – whether by resignation or revocation or otherwise – shall a member of the Board or any employee of the Authority accept employment or enter into a contract of service with an entity regulated by the Authority?
1 year
How many members of the Board shall be present to constitute a quorum?
4 members
How many members’ majority of vote shall be necessary where a quorum is present for the adoption of any rule, ruling, order, resolution, decision or other act of the Board in the exercise of its functions?
3 votes
How many members’ initiative is needed for the Board to hold special meetings to consider urgent matters?
4
A Director General should be at least __ years of age.
35
A Director General should be a degree holder with at least __ years of supervisory or management experience in the field of aviation.
5
The CAAP board shall meet regularly. How often?
once a month
The per diems of the members of the Board shall be determined pursuant to a resolution adopted by the Board subject to compliance of the guidelines duly existing and applicable by the ___________.
Commission on Audit
Qualified existing personnel of the Air Transportation Office (ATO) shall be given preference in the filling up of ________ created in the Authority, subject to existing civil service rules and regulations.
plantilla positions
The Authority shall have its principal office in ________ and may hold hearings on any proceedings at such time and places within the Philippines, as it may provide by order in writing.
Metro Manila
The Authority shall have an authorized capital stock of ___________ which shall be fully subscribed by the Republic of the Philippines.
50 Billion Pesos
The utilization of any funds coming from the collection and/or levy of the Authority shall be subject to the examination of the ________.
Congressional Oversight Committee
The Authority shall not revise its schedule of fees and fines _________.
more often than once every three (3) years
Within ________ from the effectivity of RA 9497, the Board shall determine the new schedule of salaries of the employees of the Authority subject to the compliance with the existing compensation laws.
six (6) months
The Authority shall prepare and submit an annual report to the __________, to the _______, and to the ____________ on its accomplishments at the close of each calendar year.
President of the PH, Senate, House of Representatives
The Authority shall have such powers as are granted to the ________ under the provisions of RA 9497.
Board and the Director General
determines the organizational structure of the Authority in accordance with the provisions of this Act, establish a human resources management system based on merit and fitness, and adopt a rational compensation and benefits scheme
Board
How many concurring votes of the members of the Board who actively participated in the deliberation of the appealed case before the judgment or decision of the DG can be modified or reversed is required such that in no case that the DG shall participate in the hearing and adjudication of an appealed case before the Board where the subject of appeal is a judgment or decision rendered by his office?
4 votes
Within ______ from the appointment of and acceptance by all members of the Board and the Director General of their respective appointments, the Board, in consultation with the Director General, shall meet to draw up the Authority’s organizational structure.
fifteen (15) days
The Board shall agree on the Authority’s final organizational structure not later than ______ from the date of the effectivity of RA 9497.
6 months
The Board may agree for the viability for the creation of additional offices and the finalization of the organizational structure not later than ______ from the date of the effectivity of RA 9497.
6 months
Currently, who is the CAAP Director General?
Capt. Manuel Antonio Tamayo
The Director General shall be the _________ of the Authority.
chief executive and operating officer
To effectively implement the civil aviation regulatory, supervisory, and administrative mandates of the DG under this Act, a permanent office within the Authority to be known as the ___________, to be composed of in-house counsels of the Authority and its necessary support staff shall be established by the Board.
Enforcement and Legal Service
One of the powers and functions of a Director General is to issue, deny, suspend, cancel, or revoke any certificate, license pertaining to aircraft, airmen, and air agencies: provide, that any order denying, suspending, cancelling, revoking the certificate or license may be appealed to the Board, whose decision shall be final within ______ from the date of notification of such denial, cancellation, or revocation.
15 days
This refers to the office that will assist the DG in carrying out the responsibilities of certification and ongoing inspections of aircraft, airmen, and air operators.
Flight Standards Inspectorate Service (FSIS)
What does FSIS stand for?
Flight Standards Inspectorate Service
Functions of Flight Standards Inspectorate Service (FSIS)
- airworthiness inspection
- flight operations inspection and evaluation
- personnel licensing
What does the AAIIB stand for?
Aircraft Accident Investigation and Inquiry Board
Who shall appoint the head of the AAIIB?
the Board
Who shall organize an AAIIB?
Director General
What agency or body of where the accident involving an aircraft is out of the AAIIB’s responsibility on investigation?
within military sites, armed forces
Aircraft Eligibility for Registration in the PH:
- Filipino-owned
- Leased to a Filipino
- Leased to an association whose ___ of capital is owned by a Filipino
- Foreign-owned or registered aircraft used by aero clubs for recreation, sports, or flying skills dev’t
60%
Applications for certificate of registration shall be made in ______, ______, and _______ by the owner or lessee of any aircraft or aircraft engine eligible for registration.
writing, signed, sworn to
Any certificate or registration may be revoked by the ________ for any cause which renders the aircraft ineligible for registration.
Authority
No ________ 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.
conveyance
Contents of Airman Certificate
- number and recorded by the Authority
- state the name and address of, and contain a description of the individual to whom the airman certificate is issued
- be titled with the designation of the airman and its authorized privileges
In no event shall the DG issue an air operator certificate to an air carrier that does not possess a valid ___________ issued pursuant to RA 9497 and its implementing rules.
Certificate of Public Convenience and Necessity (CPCN)
What does CPCN stand for?
Certificate of Public Convenience and Necessity
It shall be the duty of each ________ to make or cause to be made, such inspection, maintenance, overhaul and repair of all equipment used in air transport and to ensure that the operations conducted are in accordance with the provisions of this Act and the rules, regulations, directives and orders issued by virtue of this Act.
air carrier
It shall be the duty of each _______________ to ensure that the maintenance of aircraft and operations thereof are conducted in the public interest and in accordance with the requirements of this Act and the rules, regulations, directives and orders issued by virtue of this Act.
air carrier holding an AOC
It shall be the duty of each ___________ to observe and comply with the authority and limitations of that certificate, the requirements of this Act and the rules, regulations, directives and orders issued by virtue of this Act.
holder of an airman certificate
It shall be the duty of every person ______________ to observe and comply with the requirements of this Act and the rules, regulations, directives and orders issued by virtue of this Act.
performing duties in air transportation
It shall be the duty of every person _____________________ to offer or accept such shipments, cargo or baggage in accordance with the provisions of Annex 18 of the Chicago Convention and the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air.
who offers or accepts shipments, cargo, or baggage in air commerce
The ______ shall be responsible for the planning, development, construction, operation, maintenance, or the expansion of airports.
Board
Correlative to the provisions of ________ of RA 9497, 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.
Section 36
The DG, after due investigation conducted, may issue a _________ directing an air carrier(s) to immediately cease any practice found to be in violation of the provisions of RA 9497.
cease and desist order
How many years shall the DG adjust the monetary level of the penalties as may be authorized by the Board to impose?
at least once every 4 years
Any violation of the provisions of RA 9497, 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 _______________ for each violation.
Php 20,000 to Php 100,000
In what section of RA 9497 was the Air Transportation Office abolished?
Section 85 Abolition of the Air Transportation Office
To ensure smooth transition into a corporate structure, the incumbent ___________ 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 RA 9497.
Assistant Secretary
Any officer/employee who availed the benefits of the foregoing provisions shall not qualify for reemployment to the Authority within _______ from the date of retirement/resignation.
7 years
The _____________ 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.
Office of the Government Corporate Counsel
The Authority shall adopt rules and regulations to implement the provisions of this Act within ______ from the date of its approval.
60 days
monitors and ensures proper implementation of RA 9497; reviews the collection performance of the Authority; reviews the proper implementation of the programs of the Authority and the used of its collected fund
Congressional Oversight Committee
RA 9497 shall take effect ______ after its complete publication in at least newspapers of general circulation.
15 days
