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[ Acts No. 4194, December 08, 1934 ]

AN ACT CREATING AN AVIATION UNIT IN THE PHILIPPINE CONSTABULARY.

Be it enacted by the Senate and House of Representatives of the Philippines in Legislature assembled and by the authority of the same:

SECTION 1. There is hereby created within the Philippine Constabulary an Aviation Unit which shall have and exercise such functions and duties as may from time to time be prescribed and designated by the Chief of Constabulary.

In addition to the normal functioning of this Unit as a basic part of the Constabulary, the aircraft, personnel and other facilities of the Aviation Unit may, upon prior approval by the Governor-General in each instance, be used for the control of locusts or other pests, for assisting the customs or immigration authorities in the performance of their duties, or for such other purposes as he may deem expedient or advisable.

SEC. 2. The Chief of Constabulary is hereby charged with the responsibility and vested with the necessary authority to organize, train, and administer the unit herein created, and he is hereby especifically authorized and empowered to make such rules and regulations as he may deem necessary therefor and as authorized under existing provisions of law, and within the limits of available appropriations made by the Philippine Legislature:
  1. To transfer from other divisions of the Constabulary such personnel as may be necessary for the organization of the Aviation Unit;

  2. To increase the number of commissioned officers in the Constabulary by not more than ten officers, if such mission action should become necessary due to the failure or unwillingness of Constabulary officers to qualify as aircraft pilots, in order to have ten commissioned officers as aircraft pilots in the Aviation Unit;

  3. To provide for the examination and training of the personnel in the said Unit;

  4. To provide for appropriate grades and ratings for personnel of the Unit: Provided, however, That due to the high mortality rate among flying personnel, officers whose duty requires regular and frequent aerial flights, shall receive an additional compensation equivalent to twenty-five per cent of the basic pay received by non-flying personnel of the same rank or grade: And provided, further, That due to the necessity for technically trained enlisted personnel to properly maintain flying equipment, those enlisted men not to exceed fourteen per centum of the entire enlisted personnel of the Unit who qualify as air mechanics, first, second, and third-class, shall receive a monthly pay of seventy-five pesos, fifty pesos, and twenty-five pesos, respectively;

  5. To acquire, operate, and maintain such aircraft and accessories and provide shelter therefor, within the limits of available appropriations made by the Philippine Legislature, as he may deem necessary for executing his duties and functions under this Act.

  6. Upon prior approval in each instance by the Governor-General, to make available to such extent as he may Government. deem advisable all aviation facilities of the Aviation Unit to other branches of the Philippine Government that may request same for official business, provided the requesting branch defrays the cost of such operation;

  7. To incur such expenditures including expenditures for personnel services and rent at the seat of the Government and elsewhere, and for books of reference, and periodicals as may be necessary to carry out the purposes of this Act and as may from time to time be provided for by the Philippine Legislature;

  8. To provide at any airport or emergency landing field owned or operated by the Philippine Constabulary, whenever he may deem it advisable and proper and upon previous approval of the Department Head, for the sale of fuel, oil, equipment and other supplies, furnishing temporary shelter and rendering of any mechanical service or assistance to owners or operators of aircraft in cases of emergency, but only to the extent that such sale or service is reasonably necessary to enable any aircraft to continue on its course to the nearest regularly established airport where necessary supplies and materials and proper mechanical service and assistance are available; and the charges for property sold or service rendered shall be fixed in accordance with the provisions of section five hundred and seventy-two of Act Numbered Twenty-seven hundred and eleven, and all money collected for property thus sold or service rendered shall be disposed of in accordance with the provisions of section five hundred and seventy-three of the same Act.
SEC. 3. The provisions of Act Numbered Thirty-nine hundred and nine, as amended by Act Numbered Thirty-nine hundred and ninety-six, and any acts or regulations promulgated thereunder governing civil aviation in the Philippine Islands shall apply to the activities of the Constabulary Aviation Unit as regards airworthiness of aircraft, qualifications of airmen, and air traffic rules and regulations.

SEC. 4. To effectively carry out the provisions of this Act, there is hereby appropriated for the first two years of operation the total sum of five hundred nineteen thousand pesos out of the funds in the Insular Treasury not otherwise appropriated: Provided, however, That the sum of three hundred thousand pesos shall be available during the year nineteen hundred and thirty-five: And provided, further, That no part of the amount herein appropriated shall be spent for the purchase of airplanes until the Philippine Constabulary shall have in its service competent personnel to handle said equipment.

SEC. 5. This Act shall take effect on January first, nineteen hundred and thirty-five.

Approved, December 8, 1934.
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