Guidelines Amending CAB Resolution No. 49 (BM5-07-26-2013) and Setting the Period to File Petition for Renewal of Permits

July 13, 2017

CAB RESOLUTION NO. 40 (BM 04-A-07-13-2017)

 

WHEREAS, Republic Act 776 otherwise known as the "Civil Aeronautics Act of the Philippines", authorizes the CAB to make and amend such general and special rules, regulations and procedures to carry out the provisions of RA 776, Section 10 (B) thereof, provides, to wit:

"SECTION 10. Powers and duties of the Board. — B) The Board may perform such acts, conduct such investigations, issue and amend such orders, and make and amend such general and special rules, regulations, and procedures as it shall deem necessary to carry out the provisions of this Act."

WHEREAS, the provisions of Resolution No. 49 (2013) prescribing a period within which applications/petitions for renewal of all Certificates of Public Convenience and Necessity (CPCN), Foreign Air Carriers Permit (FACP), airfreight forwarders, general sales agents, cargo sales agents and all other entities regulated by the Board shall be filed is hereby amended;

WHEREAS, the Board, in the interest of a more orderly procedure and to ensure compliance with all documentary requirements and renewal procedure and to ensure that sufficient time is given to ensure that the permits are renewed prior to its expiration, deems it appropriate and necessary to amend the period prescribed within which to file petitions for renewal of permits;

WHEREAS, the CAB is continuously working to convert to and be certified under ISO 900:2015, which requires that all documents and procedures shall be in accordance with specific standards; all carriers and entities regulated by the Board are required to submit documents, contained in a list of requirements, in support of its applications. CHTAIc

NOW, THEREFORE, the Board RESOLVED, as it hereby RESOLVES to adopt the following guidelines and procedures in setting forth the period within which to file petition for renewal of permits:

1. That petition for renewal of any permit or authority issued by the Board, which permit is valid for five (5) years, shall be filed with the CAB, sixty (60) calendar days prior to the expiration of a given permit. This shall cover permits issued by this Office such as but not limited to: Certificate of Public Convenience and Necessity to Operate Air Transport Services (Scheduled or non-scheduled, domestic it international), Foreign Air Carrier's Permit, as well as authorities to operate as an Airfreight Forwarder (International or Domestic) General Sales Agent (passenger/cargo), Breakbulk Agents, and Offline Carriers;

2. That petitions for renewal of permits or request for extension or renewal shall be accompanied by documents necessary to process the petition for renewal;

3. Failure on the part of the petitioner/applicant to file a petition/application for renewal with corresponding filing fee, 60 calendar days prior to the expiration of the permit, shall subject the petitioner/applicant to a penalty in accordance with the provisions of RA 776, as follows:

"Section 42. Specific Penalties. — (A) Any person engaging in air commerce without a permit issued by the Board as provided in this Act shall be punished by a fine not exceeding Five Thousand Pesos or by imprisonment for not more than one year, or both, in the discretion of the court: . . . x x x

"(B) x x x . . . In addition thereto, a fine not exceeding Two Hundred Pesos per day for every day during which such default or violation continues shall likewise be imposed. The Board is hereby empowered to impose such fine, after due notice and hearing."

4. This Resolution shall effectively repeal CAB Resolution No. 49 (2013) and all other issuances contrary to or inconsistent with the provisions hereof.

5. This Resolution shall take effect fifteen (15) days after its publication in the Official Gazette.

Adopted July 13, 2017, Pasay City, Philippines.

(SGD.) ARTHUR P. TUGADESecretaryChairman

(SGD.) MANUEL ANTONIO L. TAMAYOUndersecretary for Aviation and AirportsAlternate Chairman

(SGD.) REYNALDO L. CHINGAssistant Secretary for Administration and Special Concerns

(SGD.) JIM C. SYDIONGCODirector GeneralMember

ARNEL INOCENCIO D. CANTOSMember

Attested by:

(SGD.) JEAN MARIONNE A. BERMUDEZActing Board Secretary

Noted:

(SGD.) CARMELO L. ARCILLAExecutive Director