Pasay court stops integrated terminal fee for OFWs

MANILA, Philippines - The Pasay City Regional Trial Court (RTC) yesterday ordered the Department of Transportation and Communication (DOTC) and the Manila International Airport Authority (MIAA) to stop implementing the integrated airport terminal fee.

Pasay RTC branch 109 judge Tingaraan Guiling issued a 20-day temporary restraining order on the petition of a group of overseas Filipino workers (OFWs) against Memorandum Circular 08 (MC-08). The petition claims it is a violation of a law exempting Filipino workers from paying the airport terminal fee.

The DOTC said they would abide by the court order but would appeal.

“We will review and abide by the court order once we receive it, but we will fight for our cause in court,” DOTC spokesman Michael Arthur Sagcal said.

Sagcal stressed the planned integration would put the operations of the Ninoy Aquino International Airport (NAIA) at par with international standards.

“It is for the convenience of the greater majority of airport users and it will bring us at par with airport practices in other parts of the world,” he added.

The MIAA, for its part, said it will suspend the implementation of the terminal fee scheme in view of the TRO issued by the court.

The integration of the P550 international passenger service charge or terminal fee into airline tickets was originally scheduled last Oct. 1 but was deferred for today due to concerns raised by OFW groups and non-government organizations.

Full integration of the terminal fee into the airline ticket will be implemented by October next year.

The terminal fee is automatically collected from passengers whose airline tickets were purchased online or abroad, and if no exemption certificate is presented when tickets are purchased over the counter.

The terminal fee could be refunded at NAIA departure area upon presentation of Philippine Overseas Employment Certificates and other related exemptions.

The scheme is meant to  reduce queuing time at the airport and address the congestion problem for departing passengers.

Rep. Roy Señeres of the OFW Party List group, however, raised concern that the integration of the terminal fee would affect OFWs who are exempted by law.

The petitioners led by Señeres argued MC-08 would violate a 19-year-old law that grants benefits to millions of OFWs, which include exemption from the payment of travel tax, documentary stamp and airport terminal fees upon proper showing of overseas employment certificate issued by the Philippine Overseas Employment Administration (POEA).

“For OFWs, taking away this benefit through a memorandum circular without the benefit of consultations betrays the spirit of the law and the intention of our legislators,” Señeres said.

“Just because the airline companies have agreed to this new scheme, the OFWs are now under pressure to comply and give up on a benefit that they’ve been enjoying since 1995,” the petitioners added.

The petitioners, which include the Blas F. Ople Policy Center, said the new policy would be a major setback to the continuous struggle of Filipino migrant workers for economic advancement and recognition of their rights under existing laws.

“This may be temporary, but it’s a score for OFWs,” said Susan Ople, head of the Ople Policy Center.

Some 20 members of the Migrante International held a rally at the NAIA parking area yesterday denouncing the implementation of terminal fee integration.

The MIAA assured them the government would recognize and honor all exemptions mandated by law, including OFWs, Muslim pilgrims endorsed by the National Commission on Muslim Filipinos (NCMF), athletes endorsed by the Philippine Sports Commission and others authorized by the Office of the President.–With Lawrence Agcaoili, Rudy Santos, Helen Flores, Mayen Jaymalin