May 16, 2013

CAAP BOARD RESOLUTION NO. 013-13

WHEREAS, pursuant to Sections 23 and 28 of

WHEREAS, there are currently no Rules of Procedure Governing Appeals to the CAAP Board of Directors;

WHEREAS, the adoption of the said Rules of Procedure is necessary for the orderly resolution of appeals to the CAAP Board;

RESOLVED therefore, as it is hereby resolved that Board hereby adopt the following proposed Rules of Procedure Governing Appeals to the CAAP Board of Directors, to take effect fifteen (15) days following its publication in newspapers of general circulation.

Rules of Procedure Governing Appeals to the CAAP Board of Directors

SEC. 1. Cases Covered. These rules of procedure shall be observed in the adjudication of appeals to the Board of Directors.

SEC. 2. Manner of Appeal. An appeal to the Board of Directors may be taken on matters within its jurisdiction and authority by filing a Notice of Appeal or Petition within fifteen (15) days from the receipt of the decision, judgment or order of the Director General, stating therein a statement of such relevant and material facts, issues, arguments and reliefs sought in the appeal. The Notice of Appeal or Petition shall be accompanied by all the relevant and pertinent documents supporting each and every allegation therein. The Notice of Appeal or Petition shall be duly signed by the individual or duly authorized representative of a juridical person appealing to the Board of Directors. The Notice of Appeal or Petition shall be accordingly signed and subscribed under oath. The appeal shall not be given due course and summarily denied and dismissed upon failure of the appealing party to comply with any of the requirements set forth in this Section.

SEC. 3. Constitution of a Committee. Upon the filing of the Appeal, the Board of Directors shall constitute a Committee with the following duties and obligations:

1) To evaluate and assess the compliance of all the requirements in giving due course to the appeal or petition;

2) To investigate and conduct conferences and hearings in order to determine the merits of the appeal; and

3) To make written recommendation to the Board of Directors on the resolution of the appeal.

SEC. 4. Composition of the Committee. The Board of Directors shall appoint the following as Chairman and Members of the Committee.

1) The Secretary of Justice; Chairman

2) The Secretary of Tourism; Member

3) The Secretary of the Department of Transportation and Communications; Member

SEC. 5. Referral to the Committee. Any appeal or petition addressed to the Board of Directors shall be immediately referred to the Committee within five (5) days from receipt by the CAAP of the appeal for the Committee for proper evaluation, assessment, investigation, hearing and recommendation.

SEC. 6. Submission of Recommendation to the Board of Directors. The Committee shall submit to the Board of Directors not later than sixty (60) days from termination of the evaluation, assessment, investigation and hearing, its written recommendation to the appeal.

SEC. 7. Deliberation of the Board of Directors. The Board of Directors, within (30) days from receipt of the recommendation from the Committee shall deliberate on the Committee's recommendation and shall issue its written Decision on the appeal not later than thirty (30) days from the conclusion of its deliberation. THcaDA

SEC. 8. Filing of Motion for Reconsideration. The aggrieved party in the appeal may file his/her/its Motion for Reconsideration to the Decision on the appeal within fifteen (15) days from receipt thereof.

SEC. 9. Referral to the Committee of the Motion for Reconsideration. The Motion for Reconsideration shall be transmitted to the Committee within five (5) days from receipt by the CAAP of the Motion for Reconsideration.

SEC. 10. Deliberation by the Committee on the Motion for Reconsideration. The Committee shall, within five (5) days from the referral of the Motion for Reconsideration, deliberate on the said Motion and within thirty (30) days after the conclusion of its deliberation, submit in writing its recommendation to the Board of Directors. The committee shall be assisted by an Appeals Secretariat, composed by: Two (2) members of The Philippine Bar; and One administrative support staff.

SEC. 11. Deliberation by the Board of Directors. The Board of Directors shall deliberate on the recommendation of the Committee within thirty (30) days from its submission and accordingly issue its Decision within thirty (30) days from the conclusion of its deliberation.

SEC. 12. Finality of the Decision. The Decision of the Board of Directors shall become final after the lapse of the period to file a Motion for Reconsideration or after the denial of the Motion for Reconsideration in the event such Motion is filed.

SEC. 13. Execution of the Decision. The Decision may be executed upon its finality and the execution thereof shall only be deferred by order of a Court of competent jurisdiction.

Adopted and approved during the 29th Regular Board Meeting held on the 16th day of May 2013 at CAAP, Old MIA Road, Pasay City.

HON. JOSEPH EMILIO A. ABAYA
Chairperson, Secretary, Department of Transportation and Communications

(SGD.) HON. WILLIAM K. HOTCHKISS III
Vice Chairperson, Director General, Civil Aviation Authority of the Philippines

HON. LEILA M. DE LIMA
Member/Secretary, Department of Justice

Signed by representative
HON. ALBERT F. DEL ROSARIO
Member/Department of Foreign Affairs

HON. MAR A. ROXAS
Member/Secretary, Department of Interior and Local Government

Signed by representative
HON. CESAR V. PURISIMA
Member/Secretary, Department of Finance

(SGD.) HON. ROSALINDA D. BALDOZ
Member/Secretary, Department of Labor and Employment

Signed by representative
HON. RAMON R. JIMENEZ, JR.
Member/Secretary, Department of Tourism