August 2023

Philippines August 2023 Jurisdictional Update

Update provided by Kerwin Tan of Tan Hassani and Counsels.

To ensure the safety of all individuals and aircraft and to minimize the risk of accidents, the Civil Aviation Authority of the Philippines recently issued its guidance for operating aircrafts during inclement weather. The guidance applies to all owners and operators of aircraft with a maximum certificated take-off mass (MTOM) of 5,700 kgs or less within the jurisdiction of the Republic of the Philippines. These are usually the smaller aircrafts used in air charters such as turboprops, smaller business jets, and helicopters.

If the Philippine weather bureau issues a warning for Tropical Cyclone Wind Signal No. 1 (winds of at least 39-61km/h are expected in the locality within 36 hours), all aircraft with MTOM of 5,700 kgs or less are 1) strictly prohibited from taking off and landing at airports under warning of TCWS No. 1 and above, 2) strictly prohibited from conducting ground operations, and 3) when the aircraft is already en-route and a TCWS is declared within its immediate vicinity or destination, the Pilot-in-Command should land the aircraft at the nearest suitable airport at which a safe landing can be made (or return to point of origin).

For the aircraft operator, they would have a more objective basis by which to claim “bad” weather caused the delay or cancellation of a flight. For the passenger, it is advisable to be on the lookout for official weather forecasts by the Philippine weather bureau in order to plan ahead.


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