[ PRESIDENTIAL DECREE No. 1278, January 05, 1978 ]

AMENDING SECTIONS 12 AND 34 OF REPUBLIC ACT NO. 776

WHEREAS, it is the intendment of the laws to insure air safety through proper control by the government of all aircraft operating in the air space of the Philippines;

WHEREAS, presently, there are private aero clubs composed of United States military personnel in Clark Field Air Base, Pampanga, and Subic Bay Naval Base, Subic, Zambales that would like to utilize Philippine air space, subject to the control and regulation of the Civil Aeronautics Board, but cannot do so because of citizenship and foreign-registry restrictions under R.A. No. 776;

WHEREAS, as a manifestation of RP-US friendship, the Philippine Government is willing to grant the aforementioned private aero clubs the privilege of utilizing Philippine air space;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree as part of the law of the land the following amendments to Republic Act No. 776, otherwise known as “The Civil Aeronautics Act of the Philippines”:

1. Section 12 of Republic Act No. 776 is hereby amended to read as follows:

“Sec. 12. Citizenship requirement Except as otherwise provided in the Constitution and existing treaty or treaties, a permit authorizing a person to engage in domestic air commerce and/or air transportation shall be issued only to citizens of the Philippines: Provided, That, under such rules and regulations to be promulgated by the Civil Aeronautics Administration, foreigners residing in the Philippines who are members of aero clubs organized purely for recreation, sport, or the development of flying skills, may be issued permits as a prerequisite to any aeronautical activities within Philippine air space.”

2. The first paragraph of Section 34 of the same Act is hereby amended to read as follows:

“Sec. 34. 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 a citizen or citizens of the Philippines and is not registered under the laws of any foreign country: Provided, That, under such rules and regulations to be promulgated by the Civil Aeronautics Administration, 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 Philippine air space.”

Done in the City of Manila, this 5th day of January, in the year of Our Lord, nineteen hundred and seventy-eight.

(SGD.) FERDINAND E. MARCOS

By the President:

(SGD.) JUAN C. TUVERA Presidential Assistant

Source: Supreme Court E-Library