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References 


Table of Contents

  1. Applicable Regulations
  2. Aircraft Category Selection Guide
  3. Basis for Air Navigation Charges

Applicable Regulations

ENTRY, TRANSIT AND DEPARTURE

 

1. ENTRY AND TRANSIT OF CIVIL AIRCRAFT ON INTERNATIONAL FLIGHTS
1.1 General
1.1.1 All flights of civil aircraft over the Manila Flight Information Region and landing at Philippine aerodrome shall be carried out in accordance with the current regulations and policies.
1.1.2     For reasons of national security, it becomes essential that all aircraft flights originating from foreign countries which will overfly or land on Philippine territory must be properly monitored to insure that such flight will not be inimical or injurious to national security or provide aid and comfort to those elements who are engaged, or will engage, in a criminal conspiracy to seize political and state power in the Philippines. Towards this end, it is hereby established as a matter of policy that all aircraft of foreign registry, except scheduled air carriers desiring to overfly Philippine airspace, or to land in Philippine territory must be required to secure diplomatic flight clearances, before making such flights. For the purpose of this procedures, Philippine airspace is not considered according to its legal definition as internationally accepted but is meant to be the airspace covered by the Philippine Air Defense Identification Zone (PADIZ) and, in the case of Mindanao, Palawan and the Sulu archipelago, the airspace within the Philippine treaty boundaries.
1.2 Scheduled Flights
1.2.1 For regular international scheduled flight into or in transit across the Philippines operated by foreign airlines, the following will have to be complied with:
a) The airline must have been designated pursuant to the provisions of International Air Services Transit agreement and provide further that the state in which the airline is registered is a contracting party to said agreement.
b) The airline operating pursuant to a bilateral or multilateral agreement signed to by the Philippines and the state in which the airline is registered must have been designated and accepted by the government concerned.
c) The airline must have a permit to operate into or in transit across the Philippines. Application for such permit shall be submitted by the government or registry of the airline to the Civil Aeronautics Board, furnishing a copy thereof to the Department of Foreign Affairs.
1.3 Private Flights
1.3.1 Prior clearance through diplomatic channel is required, specifying the following:
a) Name of operator;
b) Type of aircraft, nationality, registration marks and radio cell sign;
c) Place of origin of flights;
d) Date and estimated time of arrival (ETA) at, and estimated time of departure (ETD) from the Philippines;
e) Number of persons aboard the aircraft;
f) Place/s of embarkation or disembarkation abroad as the case may be, passengers and/or freight;
g) Name of persons in charge (name and rank of the pilot-in-command of the aircraft);
h) Purpose of flight and number of passengers and/or nature and amount of freight;
i) Name of local agent, if any, and;
j) Name, address and business of charterer, if any.
1.4 Requirements for Diplomatic Flight Clearances
1.4.1 Scope
1.4.1.1 Non-scheduled foreign air carrier, civilian and military desiring to land at Philippine airports on non-revenue flights or to overfly through Philippine airspace.
1.4.1.2 Scheduled air carriers without CAB approved routes which will land on Philippine airports or will overfly through Philippine airspace.
1.4.1.3 Scheduled air carrier desiring to operate extra section and charter flights to the Philippines.
1.4.1.4 Supplemental and non-scheduled carrier of foreign countries desiring to operate charter or revenue flights to the Philippines.
1.4.1.5 Foreign registered aircraft desiring to land on Philippine airports for reasons of emergency. Emergency landing presuppose that on take-off of the aircraft from its point of origin abroad, no landing in the Philippine airports was planned or intended but that such landing was caused by circumstances beyond the control of the aircraft’s crew.
1.4.2 Procedures
1.4.2.1 All operators of aircraft covered under 1.4.1.1, 1.4.1.2, including those making technical landings only, must request diplomatic flights clearances from the Department of Foreign Affairs (DFA), Manila, either through their respective diplomatic or consular representatives in the Philippines, through representing or servicing local firms or through Philippine diplomatic or consular offices abroad.
1.4.2.2 Requests for diplomatic flight clearances must be addressed and submitted directly to the Secretary, Department of Foreign Affairs (Attn: Assistant Secretary for Legal Affairs) at least seven (7) working days before time of penetration of Philippine airspace and which are then endorsed to the Commanding General, Philippine Air Force (Attn: 1st Air Division) for comment and recommendation. To expedite processing, simultaneous dispatch may be made by the requesting party by furnishing copies of the letter of request to CG, PAF at the same time that the original request is submitted to Department of Foreign Affairs.
1.4.2.3 As a matter of policy, all other government agencies concerned with aviation receiving request for diplomatic flight clearances from aircraft operators covered under 1.4.2.1 and 1.4.2.2, must course such requests to the Department of Foreign Affairs. Exception to this policy may be invoked on VIP flights or in certain meritorious cases, however, such exception will be mutually agreed upon by the receiving agency and CG, PAF (through the 1st Air Division) and that, Department of Foreign Affairs be informed immediately.
1.4.2.4 Applications for revenue flights of all operators of aircraft covered under 1.4.1.3 and 1.4.1.4 shall be filled with the Civil Aeronautics Board at least seven (7) days before the operation of the flights, copy furnished the CG, PAF (Attn: 1st Air Division) and the Assistant Secretary for Air Transportation (Attn: Flight Safety Division). Foreign air carriers desiring to operate revenue flights to the Philippines for the first time shall submit their application through diplomatic channels.
1.4.2.5 Request for diplomatic flight clearances by operators of revenue flights, whether carrying passengers or cargoes, must attach thereto a copy of approval from the Civil Aeronautics Board for such flights.
1.4.2.6 Approved diplomatic flight clearances are valid for twenty-four (24) hours and could be extended up to seventy-two (72) hours, if a readjustment for the flight, changes in call sign, registry number, or type of aircraft is necessary due to inclement weather or technical difficulty. Such information, however, must be relayed to Philippine authority at least twenty-four (24) hours in advance.
1.4.2.7 For purposes of getting assured of POL (petroleum, oil and lubricants) servicing, requests for diplomatic flight clearances must specify the requirements for POL while in Philippine airports, specifying therein the type and quantity desired.
1.4.2.8 All requests for diplomatic flight clearances must be made with the Department of Foreign Affairs for their publication and dissemination.
1.4.2.9 Pilots of Foreign registered aircraft desiring to land on Philippines airports due to emergency will notify the Manila Area Control Center of their intentions to land, stating therein the nature of their emergencies. As soon as received, Manila ACC will immediately notify the Air Movement and Information Section (AIMS) and render assistance to the aircraft in distress. AIMS will notify the Senior Controller, Philippine Air Defense Control Center (PADCC) of the emergency, who in turn will secure approval/disapproval will immediately be transmitted to the pilot of the aircraft through the same channel in the reverse order. Transmission of information on this nature will be given immediate priority. A – 2 will notify DFA later of the emergency landing.
1.4.3 Responsibilities
1.4.3.1 Office of Air Intelligence, HPAF, is tasked with receiving, processing and recommending to CG, PAF for approval or disapproval of all requests for diplomatic flight clearance received from DFA and CAB, their referral to the Aviation Fuel Allocation Committees, PAF, and the dissemination of approved requests.
1.4.3.2 The Aviation Fuel Allocation Committee, PAF is tasked with determining the availability of POL products needed by foreign aircraft landing in the Philippine airports.
1.4.3.3 1st Air Division will be responsible for the monitoring of the flights of foreign aircraft.
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Aircraft Category Selection Guide

Category MTOW Weight Factor (W) Aircraft Types*
1 > 300 tonnes 43

B747(All Series), AN-124

2 200 - 300 tonnes 36

B777, A340, A330, MD-11

3 100 - 200 tonnes 28

B767, B757, A310, DC-8

4 50 - 100 tonnes 20

B737, B727, B717, A319, A320, A321, MD80(Series)

5 20 - 50 tonnes 14

G2, G3, G4, G5, CL-601/604, FA20/200

6 < 20 tonnes 7

CE550/650/750, LR35A/36/55/60, BE400, FA500

*The aircraft type listed are not complete. If your aircraft is not listed above, please check your aircraft MTOW  to determine  the correct aircraft category and weight factor. 

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Basis for Air Navigation Charges

 

EXCERPTS from the
REVISED SCHEDULE OF FEES AND CHARGES
FOR AIR NAVIGATION FACILITIES
(D.0. 99E-002)
of the
AIR TRANSPORTATION OFFICE

REPUBLIC OF THE PHILIPPINES



PART I: DEFINITIONS

        Sec. 1.c)    Overfly Flights - Means aircraft on flight entering and leaving the Manila Flight Information Region (FIR) without landing at any airport in the Republic of the Philippines.

 

PART II: GENERAL PROVISIONS

        Sec. 1.    Applicability - The charges prescribed herein shall be applicable to aircraft on international, domestic, and general aviation operations flying into and out of the airports in the Republic of the Philippines, and aircraft overflying the Manila Flight Information Region without landing at any Philippine airport, for the use of air navigation facilities provided at this airports and/or associated enroute points.

        Sec. 2.     Exemptions - Unless otherwise specifically provided, the payment of fees and charges prescribed herein shall not apply to the following:

        a)    Aircraft registered in the name of and operated by the Republic of the Philippines;

        b)    Aircraft exclusively used  by head of states and diplomatic and consular representatives of foreign governments, (Civil registered aircraft's other than state-owned aircraft, which are chartered or hired by or for representatives or personnel of foreign government are not exempted by this provision);

        c)    Aircraft engaged in non-commercial activities, mercy and humanitarian missions, or government-sponsored missions, subject to the approval of the Assistant Secretary;

        d)    Aircraft's which , by provision of existing laws or treaties, is exempted from payment of fees and other charges;

        e)    Military aircraft's of foreign government where such governments provide similar exemptions to military aircraft of the Republic of the Philippines;

        f)    Aircraft diverted from its planned route or forced to return to the airport of departure due to emergency.

 

PART III: OPERATIONAL CHARGES

        Sec. 1.    Basis  - Operational charges for the use of the enroute and airport/terminal navigation facilities and services provided as required by the International Civil Aviation Organization (ICAO) exclusive of telecommunication services for Class "B" messages of the aeronautical fixed services, shall be based on each arrival, departure or overflight.

        For purposes of this Section, one flight shall mean from one point of departure to one point of arrival.

        Sec. 2.    Overflight -  A charge in U.S. Dollar or its Peso equivalent at the time of payment based on the derived formula for calculating Air Navigation Charges (ANC) which is equal to the distance (D) flown by an aircraft in kilometer divided by one hundred (100) and multiplied by its weight factor (W).  The distance (D) flown for overflights, however, as a basis of computation shall not exceed 1,100 kilometers.

ANC (U.S. $) = D/100 x W

 The weight factor (W) was determined to have the following values: 

MTOW

Weight Factor (W)

More than 300 tonnes

43

200 - 300 tonnes

36

100 - 200 tonnes 28
50 - 100 tonnes 20
20 - 50 tonnes 14
Less than 20 tonnes 7

        Sec. 3.    Departing or Arriving International Flight - For each departing or arriving flight at any international airport, a charge in U.S. Dollar or its Peso equivalent at the time of payment as computed based on the derived formula of Sec. 2 of this part.   The distance (D) flown for overflights, however, as a basis of computation shall not exceed 1,100 kilometers.

 

PART VII: EFFECTS OF NON-PAYMENT

        Without prejudice to such action and/or proceedings as may be deemed proper and necessary, the failure of any person, firm, or corporation to pay any charges shall be a ground for denial of the use of facilities and services of the Air Transportation Office.

 

PART X: EFFECTIVITY

        This shall take effect on January 1, 1999.   

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