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(NAR) VOL. IV NO. 2 / JANUARY - APRIL 1993

[ ATO MEMORANDUM CIRCULAR NO. 03-93 s. 1993, March 11, 1993 ]

GUIDELINES AND PROCEDURES IN THE ISSUANCE OF AIRCRAFT REGISTRATION



For the information and guidance of all concerned, hereunder are the guidelines and procedures to be followed in the Issuance of Aircraft Registration:

I
Guidelines

1. All documents required for the registration of new or old aircrafts must be complete for submission before the issuance of ATO Form No. 1028 can be made by this Office.

2. Reservation of requested and approved Registration Number shall be good only for a period of ninety (90) days.

3. A Certificate of Aircraft Registration shall be valid only for a period of one (1) year.  (Except government owned aircraft which may be valid for three (3) years.)

4. Operation of an unregistered aircraft shall be punishable by a fine not exceeding five thousand pesos (P5,000.00) or by imprisonment, for not more than six (6) months or both as per Republic Act No. 776.

5. Registrant shall pay an additional fifty percent (50%) of the sum of both the original registration fees and corresponding energy tax, if applicable, as penalty for expired and unsurrendered certificates.

Aircrafts engaged in air commerce shall be exempted from payment of energy tax upon submission of a Board Resolution to that effect from the Civil Aeronautics Board (CAB).  Aircraft being used in accredited flying school are likewise exempted from payment of energy tax.

6. It shall be the responsibility of the Philippine purchaser to ensure that the identification markings are properly displayed on the aircraft prior to departure from the exporter's base and to ensure that the necessary documents are carried on board the aircraft at the time of delivery.

7.      An Aircraft Registration Certificate may be renewed or kept current with an expired Airworthiness Certificate.

II
Procedures and Requirements

A.      For New/Used Aircraft

1.      Applicant submits a written request signed and sworn to by the aircraft owner to the Registration Clerk for reservation of registration number and attaching the following documents in said request, to wit:
-        Proof of Ownership
-        Duplicate signed copy of the Bill of Sale of Merchandise
-        Customs Release Certificate/Exemption
-        Cancellation of registration from state of origin (if previously registered with a foreign country)
-        Original Registration Certificate (Used Aircraft)
-        Corporation papers
-        Receipt of payment of Registration and Recordation Fees
2. Registration Clerk checks that all supporting documents are complete before issuing ATO Form No. 1028 (Application Form).

3. Applicant fills up and submits notarized application form to Registration Clerk.

4. Registration Clerk forwards notarized application form to Section Chief concerned for approval.

5.      Section Chief reviews and approves application form.

6.      Final Certificate of Registration is initialled by the Chief, Airworthiness Section and Chief, Aviation Division.  Forwards Certificate to Assistant Secretary for approval.

7.      ASSEC approves Final Certificate of Registration and releases it to Releasing Clerk for record purposes.

8.      Releasing Clerk records release of Certificate and issues it to applicant.

B.      Renewal of Aircraft Registration Certificate to Coincide with Annual Airworthiness Certificate

1.      If the applicant is not the same owner of the aircraft, he submits the following required documents to the Registration Clerk to wit: 
-        Official Receipts evidencing payment of the following fees:
-        Registration Fee and Energy tax
-        Transfer fee (for change of ownership)
-        Required Documentary Evidence of Ownership (for change of ownership)
-        Previous owner must attach an Accounting Clearance
-        Corporation papers (as applicable)
-        Certification that penalty has been paid by applicant if certificate has already expired and remained unsurrendered.
-        Signed copy of the corporation board resolution to sell the aircraft to the new owner.
If he is the same owner of the aircraft whose certificate is being renewed, he submits the following:
-        Filled-up and notarized application form no. 1028.
-        Original Certificate of Registration
-        Receipt of Renewal Fee
2.      Registration Clerk reviews and checks that all submitted documents are in order before issuing Form No. 1028 (Application Form) to applicant.

3.      Registration Clerk prepares Certificate of Registration (Form No. 1063) and attaches it to the application form.  Forwards Form No. 1063 and application form including all other attached documents to Section Chief concerned who initials for approval.

4.      Section Chief forwards the Certificate of Registration and all other attached documents to the Division Chief who affixes his initials and forwards it to the Assistant Secretary for approval.

5.      ASSEC approves Form No. 1063 and passes it on to the Releasing Clerk for record purposes.

6.      Releasing Clerk records the approved and renewed Registration then issues it to applicant.
NOTE: At times, the Chief of Aviation Safety Division is delegated to sign and approve processed Form No. 1063.
C-1.
For First of a Model — The procedure to be followed in the registration of aircrafts said to be the first of its kind in the Philippines shall basically be the same as that for new/used aircrafts. However, in order to be eligible for certification and registration by the Philippine government, aircraft and other Class I, II and III products (Class I: Whole Aircraft, Class 2: Engine and Propeller, Class 3: Appliances) shall be covered by:

- Applicable provisions of Part 21 of the USFAA regulations, i.e. Export Certificate of Airworthiness.

- Basis for type certification.

- Properly certified aircraft, engine and propeller logbooks or equivalent historical records indicating total time operated.

- Certified statement that all mandatory Foreign Air Authority directives have been complied with.

- Copy of the manufacturer's production flight test report for the aircraft to be exported.

- A copy of the weight and balance report pertaining to the particular aircraft including loading schedule or chart, if applicable, and Master Equipment List.

- A copy of the Approved Flight Manual of the aircraft.

- A copy of the assembly and rigging instructions if aircraft is to be assembled at the point of destination.

- A copy of the pertinent maintenance/service manuals and service bulletins.

- General arrangement drawing of the aircraft.

- Aircraft design specification.

- Sale documents

- Export Certificate of Airworthiness

C-II.
If an aircraft of the same model previously has been exported to, and certificated in the Philippines, the following documents or materials shall be furnished by the exporter.

- Sale documents.

- Current weight and balance report.

- Export Certificate of Airworthiness.

- Flight Test Report

- Detailed listings of all AD and method and date of each compliance.

- Any other documentation when specifically asked for.

C-III.
Export-Flyaway Aircraft (new or used) — An aircraft which is being exported to the Philippines shall display the Philippine nationality and registration marks and shall carry on the delivery flight:

- Philippine Registration Certificate.

- Philippine Certificate of Air-worthiness (provisional) if the aircraft has been inspected by Air Transportation Office Airworthiness personnel.

- Philippine Ferry Flight Permit

- Such other document as may be essential to the safe operation of the aircraft.

C-IV.
It shall be the responsibility of the Philippine purchaser to ensure that the identification markings are properly displayed on the aircraft prior to departure from the exporter's base and to ensure that the necessary documents are carried on board the aircraft at the time of delivery.
Mailing Address:

Assistant Secretary

Air Transportation Office

Pasay City, Metro Manila

Philippines 3110

D. For Aircraft Engine, Propeller and Appliance (Class II and III Products)

1. Applicant submits a written request signed and sworn to by the owner of said engine/propeller/appliance attaching the following documents, as follows:
-      Duplicate signed copy of the Bill of Sale of Merchandise
-      Customs Release Certificate/Exemption
-      Receipt of payment of Registration fee of said engine/propeller/appliance the amount of which is dependent on its gross weight.
2. Registration Clerk checks that all supporting documents are complete and prepares the necessary forms such as Engine Certificate of Registration (Form No. 1053-A), Propeller Certificate of Registration (Form No. 1063-B) or Appliance Certificate of Registration (Form No. 1063-C), as the case may be.  Forwards necessary documents to Section Chief concerned for review and initial.

3. Section Chief forwards papers to Chief, Aviation Safety Division for approval.

4. Chief, Aviation Safety Division approves Final Certificate of Registration of Aircraft Engine/Propeller/Appliance, as the case may be, and releases it to Releasing Clerk for record purposes.

5. Releasing Clerk records release of Certificate and issues it to owner-applicant.

For strict compliance.

Adopted: 11 Mar. 1993

(Sgd.) GERARDO C. PROTACIO
Assistant Secretary
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