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October 30, 2008

1. Delegations representing the Government of the Republic of the Philippines and the Government of Malaysia met in Clark, Pampanga on 29 - 30 October 2008 to discuss matters relating to the Air Services Agreement between the two countries, signed on 12ih day of April 1978 in Manila.

2. The Philippine Delegations was headed by Undersecretary Doroteo A. Reyes II; Chairman RP Air Negotiating Panel and the Malaysia Delegation was headed by Dato' Long See Wool of the Malaysian Ministry of Transport. The lists of the two delegations are attached as ATTACHMENT I

3. The meeting was conducted in a most cordial and friendly atmosphere reflecting the good relationship existing between the two countries. As a result, both delegations reached the following agreement:

3.1 Designation

Both delegations agreed to amend paragraph 1 of Article 3 of the Air Services Agreement to allow multiple airline designation. The new paragraph shall be as follows:

"Each Contracting Party shall have the right to designate in writing to the other Contracting Party two or more airlines for the purpose of operating the agreed services on the specified routes."

3.2 Route Schedule

Both delegations agreed on a new Route Schedule attached as ATTACHMENT II.

3.3 Capacity

Both delegations agreed to the following capacity for the specified routes:

Passenger Services

1. Clark- Points in Malaysia v.v.

With immediate effect, a maximum of 9,000 seats per week

2. Manila-Points in Malaysia v.v.

a. Manila to Kuala Lumpur v.v.
With immediate effect, a maximum of 2,300 seats per week

b. Manila to Points in Malaysia except Kuala Lumpur
With immediate effect, a maximum of 2,000 seats per week

3. Points in the Philippines except Manila and Clark - Points in Malaysia v.v.
With immediate effect, a maximum of 5,000 seats per week

All-cargo services

1. Manila - Points in Malaysia v.v.
With immediate effect, a maximum of 250 tons per week

2. Points in the Philippines except Clark and Manila - Points in Malaysia
v.v. With immediate effect, a maximum of 450 tons per week

3. Clark - Points in Malaysia v.v.
With immediate effect, a maximum of 700 tons per week

4. Application

This Memorandum of Understanding shall replace the relevant parts of the Air Services Agreement between the Government of the Republic of the Philippines and the Government of Malaysia signed on 12 April 1978 and the CMOUs respectively signed on 26 February 1994 and 29 November 1996. This MOU shall enter into force upon ratification by the Philippine authorities pursuant to its internal procedures. Pending such ratification, this MOU shall be given provisional effect on the date of signature in accordance with Article XIV of the Agreement.

Done on 30th of October 2008 in Clark Freeport Zone, Pampaaga, Philippines.

For the delegation of the Government of The Republic of the Philippines	For the delegation of the Government of Malaysia
(Sgd.) DOROTEO A. REYES II	(Sgd.) DATO LONG SEE WOOL
Chairman, Philippine Delegate For the delegation of the Government of Malaysia	Chairman, Malaysian Delegation

 

ATTACHMENT I

PHILIPPINE DELEGATION

Chairman	-	Undersecretary Doroteo A. Reyes II Department of Transportation and Communications
	-	Executive Director Carmelo L. Arcilla Civil Aeronautics Board
Members
	-	Atty. Giovanni Palec Department of Foreign Affairs
	-	Director Evelyn R. Cajigal Department of Tourism
	-	Mr. Jose Victor Luciano Clark International Airport Corporation
	-	Ms. Ma Socorro R. Gonzaga Philippine Airlines Inc.
	-	Ms. Ma. Inez F. Jose Cebu Pacific Air
	-	Ms. Patria T. Chiong Air Philippines Corporation
	-	Mr. Reynaldo Rodriguez Zest Air
	-	Mr. Marlon Tangco Pacific East Asia Corporation
Advisers	-	Board Member Renato V. Diaz Civil Aeronautics Board
	-	Mr. Porvenir P. Porciimcula Civil Aeronautics Board
	-	Mr. Alexander S. Cauguiran Clark International Airport Corporation
	-	Atty. Reynaldo L. Ching Department of Tourism
	-	Atty. Enrique Esquivel Philippine Airlines Inc.
	-	Atty. Paterno Mantaring Cebu Pacific Air
	-	Atty. Cecilio De La Cruz Air Philippines Corporation
	-	Atty. John Voltaire Aimeda Air Philippines Corporation

 

ATTACHMENT I
MALAYSIAN DELEGATION

Chairman	-	Dato' Long See Wool Deputy Secretary General (Planning) Ministry of Transport Malaysia
Members	-	Rosida Ismail Assistant Secretary (Air Transport) Ministry of Transport Malaysia
	-	Intan Zurina Dollah Second Secretaiy (Political and Economic) Ernbassy of Malaysia
	-	Suresh Singam Assistant General Manager Government & Industry Relations Malaysia Airlines
	-	Mustaffa Kamal Area Manager - Philippines Malaysia Airlines
	-	Hanniza Borhan Controller, Government & Industry Relations Malaysia Airlines
	-	Senthil Balan Danapalan Head, Network Planning Air Asia
	-	Oh Yin Bee, Patricia Assistant Manager, Airlines Business &. Planning Transmile Air

 

ATTACHMENT II

ROUTE SCHEDULE

A. PASSENGER SERVICES

Route to be operated by the designated airline / airlines of the Republic of the Philippines in both directions:

Point of Origin	Point of Destination
1. Clark	Points in Malaysia
2 a. Manila	Kuala Lumpur
b. Manila	Points in Malaysia (except Kuala Lumpur)
3 Points in the Philippines (except Manila and Clark)	Points in Malaysia

Route to be operated by the designated airline / airlines of the Government of Malaysia in both directions:

Point of Origin	Point of Destination
1. Points in Malaysia	Clark
2 a. Kuala Lumpur	Manila
2 b. Points in Malaysia	(except Kuala Lumpur) Manila
3. Points in Malaysia Points in the Philippines	(except Manila and Clark)

 

ATTACHMENT II

ROUTE SCHEDULE

B. ALL - CARGO SERVICES

Route to be operated by the designated airline / airlines of the Republic of the Philippines in both directions:

Point of Origin	Point of Destination
a. Manila	Points in Malaysia
b. Points in the Philippines except Clark and Manila	Points in Malaysia
c. Clark	Points in Malaysia

Route to be operated by the designated airline / airlines of the Government of Malaysia in both directions:

Point of Origin	Point of Destination
a. Points in Malaysia	Manila
b. Points in Malaysia Points in the Philippines except	Clark and Manila
c. Points in Malaysia	Clark

 

For The President

MEMORANDUM

THROUGH	:	The Executive Secretary
FROM	:	The Secretary of Foreign Affairs
SUBJECT	:	Memorandum of Understanding on Air Services between the Government of the Republic of the Philippines and the Government of Malaysia
DATE	:	30 January 2009

_________________________________________________________________________________________________________________

The Memorandum of Understanding on Air Services between the Government of the Republic of the Philippines and the Government of Malaysia was signed on 30 October 2008 in Clark Field, Pampanga.

The Memorandum of Understanding, consisting of four (4) sections. amends paragraph 1 of Article 3 of the Air Services Agreement between the Government of Republic of the Philippines and the Government of Malaysia, which was signed on 12 April 1978. to allow multiple airline designation.

Under the Memorandum of Understanding, "each Contracting Party shall have the right to designate in writing to the other Contracting Party two or more airlines for the purpose of operating the agreed services on the specified routes."

Article 4 of the Memorandum of Understanding provides that it shall enter into force upon ratification by the Philippine authorities pursuant to its internal procedures.

The Department of Tourism (DOT) and the Civil Aeronautics Board (CAB) have been consulted and have concurred with ratification of the Memorandum of Understanding.

The Memorandum of Understanding is not one of the agreements envisioned under Articles VII, Section 21 -of the Philippines Constitution as requiring Senate Concurrence.

The draft Instrument of Ratification and copies of the Memorandum of Understanding on Air Services Agreement are respectfully enclosed.

For the President's consideration.

ALBERTO G. ROMULO

 

MALACANANG MANILA

INSTRUMENT OF RATIFICATION

TO WHOM THESE PRESENTS SHALL COME, GREETINGS:

KNOW YE, that the Memorandum of Understanding on Air Services between the Government of the Republic of the Philippines and the Government of Malaysia was signed on 30 October 2008 in Clark Field, Pampanga;

WHEREAS, the Memorandum of Understanding on Air Services, consisting of four (4) sections, amends paragraph 1 of Article 3 of the Air Services Agreement between the Government of the Republic of the Philippines and the Government of Malaysia, which was signed on 12 April 1978, to allow multiple airiine designation;

WHEREAS, under the Memorandum of Understanding on Air Services "each Contracting Party shall have the right to designate in writing to the other Contracting Party two or more airlines for the purpose of operating the agreed services on the specified routes".

WHEREAS, Article 4 of the Memorandum of Understanding on Air Services provides that it shall enter into force upon ratification by the Philippine authorities pursuant to its internal procedures.

NOW, THEREFORE, be it known that I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, after having seen and considered the aforementioned Memorandum of Understanding on Air Services Between the Government of the Republic of the Philippines and the Government of Malaysia, do hereby ratify and confirm the same and each and every article and clause thereof.

IN TESTIMONY HEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed.

GIVEN under my hand at the City of Manila, this day of in the year of our Lord two thousand and nine.

BY THE PRESIDENT:

ALBERTO G. ROMULO
Secretary of Foreign Affairs

 

CERTIFICATION

I HEREBY CERTIFY that the attached documents are true and correct copies of the official text of the Memorandum of Understanding on Air Services between the Government of the Republic of the Philippines and the Government of Malaysia,

IN WITNESS HEREOF, I, ALBERTO G. ROMULO, Secretary of Foreign Affairs, have caused the seal of the Department of Foreign Affairs to be affixed and my name subscribed to before the Acting Assistant Secretary of Legal Affairs of the Department, in Pasay City this day of 2009.

	ALBERTO G. ROMULO
	Secretary of Foreign Affairs

 

SUBSCRIBED AND SWORN to before me this ______ day of ______________ 2009 by the Honorable ALBERTO G. ROMULO, Secretary of Foreign Affairs.

	(Sgd.) JESUS KYABES
	Acting Assistant Secretary