Executive Order No. 365




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ EXECUTIVE ORDER NO. 365, November 10, 1950 ] REORGANIZING THE CIVIL AERONAUTICS ADMINISTRATION, ABOLISHING THE NATIONAL AIRPORTS CORPORATION CREATED UNDER REPUBLIC ACT NO. 224 AND TRANSFERRING ITS FUNCTIONS, FUNDS, CAPITAL AND PROPERTIES TO THE CIVIL AERONAUTICS ADMINISTRATION, CREATING A REVOLVING FUND FOR THE OPERATION OF THE MANILA INTERNATIONAL AIRPORT, AND FOR OTHER PURPOSES Pursuant to the powers vested in me by Republic Act No. 422, I, Elpidio Quirino, President of the Philippines, do hereby order: Section 1. The National Airports Corporation created under Republic Act No. 224 is hereby abolished. Section 2. Aside from its powers, duties and functions as prescribed by existing laws, the Civil Aeronautics Administration shall be empowered: (a) To administer, control, manage, operate, and maintain the Nichols Field and all other government airfield, except those controlled and/or operated by the Armed Forces of the Philippines. (b) To plan, design, equip, expand, improve, repair, alter, or construct these airports or any other air navigation facilities appurtenant thereto with a view to providing the public with an efficient and modern air transportation Service. Section 3. For purposes essential or appropriate to the administration, operation and management of Nichols Field and all government-owned airfields except those controlled and/or operated by the Armed Forces of the Philippines, the Administrator of the Civil Aeronautics Administration shall be empowered, subject to the approval of the Department Head: (a) To enter into, make and execute contracts of any kind with any person, firm, or public or private corporation or entity. (b) To acquire, hold, purchase or lease any personal or real property, rights of way and easements which may be proper or necessary:Provided, That no real property thus acquired and any other real property of the corporation shall be sold without the approval of the President of the Philippines. (c) To grant to any person, firm, or company such concession or concession rights as may be necessary or convenient to the airports upon such terms and conditions as he may deem proper: Provided, However, That the exclusive use of any landing strip or runway within any airport shall not be granted to any person, firm, or corporation. (d) To determine the types of aircraft that may be allowed to use any of the airports under its management and control in the interest of public safety. (e) To prescribe, adopt, establish and enforce such rules and regulations consistent with existing laws, rules and regulations, as may be necessary for the safety, health and welfare of the public within the airport. Section 4. A division to be known as the Manila International Airport Division is hereby created in the Civil Aeronautics Administration. This division under the direct supervision and control of the Administrator, shall have the following duties: (a) To collect and receive landing fees, parking-space fees, royalties on sales or deliveries, direct or indirect, to any aircraft for its use of aviation gasoline, oil and lubricants, spare parts, accessories and supplies, charges, tolls, other royalties, fees or rentals for the use of any of the property under its management and control, all of which fees, rentals charges, tools, and royalties shall be determined, fixed, and imposed by the Civil Aeronautics Administration subject to the approval of the Civil Aeronautics Board. (b) To administer, manage and develop such space or property within or upon Nichols Field as may be assigned to it by the Administrator of the Civil Aeronautics Administration. (c) To perform such other duties as the Administrator may direct or assign. As used in this section: (1) Landing fees refer to all charges for the use of any landing strip or runway by any aircraft landing or taking off at the airport. (2) Terminal fees refer to all charges for parking at or near the ramp, terminal area or building for purposes of landing or unloading passengers and/or cargo. (3) Royalties refer to all charges based on gross business or sales, or gross net profit. (4) Supplies include any and all items of whatever nature or description which may be necessary for, or incidental to, the operation of an aircraft. Section 5. So much of the present personnel of the National Airports Corporation as may be necessary and convenient shall be appointed in the Civil Aeronautics Administration in accordance with the. Civil Service rules and regulations: Provided, That any of the present personnel of the Corporation not so appointed in the Civil Aeronautics Administration, unless he refuses to serve if retained, shall be paid from the funds of the Corporation herein transferred and available for the purpose, a gratuity in a lump sum equivalent to one month salary for every year of continuous satisfactory service rendered but not exceeding. twelve months on the basis of the last salary received: Provided, further, That any official or employee who has rendered less than one year of service shall be entitled to a gratuity of one-half of one month’s salary: And provided, finally, That in case of subsequent reinstatement in the government service or in any government-owned or controlled corporation, he shall refund to the National Government the value of the gratuity which he would not yet have received had it been paid to him in monthly installments. Section 6. Any and all sums to be derived and collected in the form of landing fees, parking-space fees, royalties, tolls, charges, and rentals pursuant to section 4 hereof, and all cash and collections on accounts receivable standing to the credit of the National Airports Corporation shall accrue to a revolving fund which shall be disbursed by the Civil Aeronautics Administration for the operation of the Manila International Airport Division and for such other expenses as may be necessarily incurred in connection therewith. Section 7. All records, properties, equipment, assets, rights, choses in action, obligations, liabilities and contracts of the National Airports Corporation abolished under this Order, are hereby transferred to, vested in, and assumed by, the Civil Aeronautics Administration. All works, construction, and improvements made, by the National Airports Corporation or any agency of the National Government in or upon government airfields, including all appropriations or the unreleased and unexpended balances thereof, shall likewise be transferred to the Civil Aeronautics Administration. Section 8. The Civil Aeronautics Administration, excluding the Manila International Airport Division, shall have the following administrative units, positions and appropriations in lieu of those provided for said Administration in Republic Acts Nos. 563 and 575. Any amount in excess of the appropriations set aside in said Acts for the Civil Aeronautics Administration shall be charged against the unreleased and unexpended balances of the appropriations for the National Airport Corporation under Republic Acts Nos. 224 and 260 and Commonwealth Act No. 130: "SEE TABLE MOP, BOOK 6 PART.1, VOLUME.4, PAGES 447-456" Any officer or employee of the administration who is separated from the service by virtue of the abolition of his position by this Order shall be paid from the savings realized through this Order a gratuity equivalent to one month salary for every year of continuous satisfactory service rendered but not exceeding twelve months on the basis of the last salary received: Provided, That in case of subsequent reinstatement in the government service or in any government-owned or controlled corporations, he shall refund to the National Government the value of the gratuity which he would not yet have received had it been paid in monthly installments. Section 10. The Manila International Airport Division shall have the following units, positions and appropriations including sundry expenses to be paid out of the Manila International Airport Revolving Fund herein created: Section 11. Republic Act No. 224, approved June 5, 1948, and all acts or parts of acts and executive orders, administrative orders or parts thereof, which are inconsistent with the provisions of this Order, are hereby repealed. Section 12. This Order shall take effect immediately.1a⍵⍴h!1 Done in the City of Manila, this 10th day of November, in the year of Our Lord, nineteen hundred and fifty, and of the Independence of the Philippines, the fifth. (SGD.) ELPIDIO QUIRINO President of the Philippines By the President: (SGD.) TEODORO EVANGELISTA Executive Secretary The Lawphil Project - Arellano Law Foundation