Philippines: COVID-19 - CAB releases updated CAB Rules on Virtual Hearings

In brief

On 13 January 2021, the Civil Aeronautics Board (CAB) released the "Interim Guidelines on the Rules of Procedure Governing the Conduct of Virtual Hearings Before the Civil Aeronautics Board amending for its purpose the March 13, 2020 Interim Guidelines on the Rules of Procedure Governing Hearings Before the Civil Aeronautics Board during the Effectivity of Resolution No. 11 (Recommendations for the Management of the Coronavirus Disease (COVID-19) Situation)" ("CAB Rules on Virtual Hearings"); access here.

All petitioners applying for permits and licenses (e.g., Renewal of Foreign Air Carrier's Permits) before the CAB must comply with the CAB Rules on Virtual Hearings while they are in force.


Contents

Key takeaways

  • All submissions to the CAB and hearings on related Petitions will be done online. The CAB reminds all petitioners and their counsels to ensure stable internet connection during virtual hearings.
  • Witnesses in applications before the CAB will need to execute Judicial Affidavits to testify on the relevant facts and authenticate the necessary documents.

In depth

The CAB Rules on Virtual Hearings provide the following:

  • All transactions prior, during and after hearing shall, as far as practicable, be conducted via electronic means.
  • All petitioners or applicants shall register with the CAB Portal prior to the filing of the petition or application.
  • All petitions shall undergo online pre-evaluation procedures to determine the completeness of the attached documentary requirements. A Notice to File Petition/Application shall be issued to the Petitioner, after an initial determination of compliance, in form and substance of CAB requirements.
  • The said Notice to file Petition/Application shall be presented to the Financial Management Division and thereafter to the Cashiering unit for payment of filing fee. Once the filing fee has been paid, the Petition/Application shall then be forwarded to the Office of the Executive Director for appropriate routing.
  • Physical presence during Pre-Marking shall be temporarily waived. Submission of documents, as provisionally marked by Petitioner, may be done via e-mail with corresponding attestations as to their veracity and authenticity. In addition, Petitioners are required to submit to the hearing panel a Verified Judicial Affidavit of its witnesses in lieu of his/her direct testimony. The applicant shall make available all the required documents for inspection at any time during the proceedings.
  • Provisionally pre-marked documents shall be admitted only after it has been offered during the hearing and upon examination and comparison with the physical documents.
  •  Physical presence during the hearing date shall likewise be waived. Virtual hearings are to be conducted in lieu of physical hearings on the date and time stated on the Notice of Hearing. The petitioner and his counsel are expected to maintain stable internet connection during the entire hearing, so as not to cause unnecessary delay.
  • All motions, objections, or manifestations or positions may be raised either during the virtual hearings or in writing and filed through electronic means.
  • Once the hearing has concluded and all of the documentary requirements have been fully complied with, the Hearing Officer shall cause the issuance of an Order to file a Written Formal Offer of Evidence within seven working days. Compliance with the Order may be made by submitting the original copies of the pre-marked documents together with soft copies thereof to the Hearing Examiners' Division of the CAB via courier or any other authorized delivery service.

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*Authored by Quisumbing Torres, a member firm of Baker & McKenzie International, a Swiss Verein. Please contact QTInfoDesk@quisumbingtorres.com for inquiries.

Contact Information
Marvin Masangkay
Partner
Quisumbing Torres, Manila
marvin.masangkay@quisumbingtorres.com
Rafael Roman Cruz
Associate
Quisumbing Torres, Manila
rafaelroman.cruz@quisumbingtorres.com

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