A party-list lawmaker and overseas Filipino workers (OFW) groups are planning to file graft charges against transportation and airport officials in connection with the allegedly “illegal” collection of P550 airport terminal fee from OFWs leaving for abroad.
Party-list Rep. Roy Seneres of OFW Family made the statement after a Pasay City court issued a temporary restraining order (TRO) to the said payment of airport terminal fees.
The lawmaker said airport authorities should be held liable for “wilfully, deliberately and maliciously stepping on the rights of the OFWs” by forcing them to pay for terminal fees despite being exempted under the law.
On Friday Regional Trial Court in Pasay City Branch 109 Judge Tinagaraan Guiling issued the TRO directing Manila International Airport Authority (Miaa) to put on hold the implementation of Memorandum Circular (MC) 08, which integrated the P550 terminal fee in the cost of airfare tickets, that was issued by MIAA General Manager Angel Honrado and approved by Communications Secretary Joseph Emilio A. Abaya.
The petitioners resorted to a court action after President Aquino failed respond to their appeal for a recall of the allegedly illegal Miaa directive.
The groups said that the memorandum is contrary to Section 35 of Republic Act (RA) 10022, or the Migrant Workers and Overseas Filipinos Act of 1995. RA 10022 grants OFWs exemption from payment of terminal fees.
Under MC 8, however, terminal fees collected from outbound passengers will be integrated in the cost of airline tickets. Thus, all OFWs will be forced to shell out payment for terminal fees and will have to demand refund from the government later.
The group also asked the Miaa and the Department of Transportation and Communications to recall the questioned memorandum circular.
Seneres said that, while a refund has been promised, the collection of fee is already considered “a fait accompli [complete] violation of the law.”
Aside from Seneres, other petitioners included Ma. Susana V. Ople for Blas F. Ople Policy Center; Gemma Comiso, Pinoy Expats/OFW Blog Awards; Nelson Ramirez and Bienvenido Lorque for United Filipino Seafarers; Carmelita Nuqui, Philippine Migrant Rights Watch; Ellene Sana, Center for Migrant Advocacy Philippines; Loreto Soriano, LBS Recruitment; Alfredo Palmiery, Federation of Associations of Manpower Exporters; Rodolfo Rashid Fabricante, OFW Movement Inc; Elso Cabangon and Francisco Aguilar, Filipino Migrant Workers Group; Sister Teresa Evasco, Daughters of Chairty Migrants Desk; Luther Calderon, Kampi; Ma. Fe Nicodemus Kakampi; Mohammad Omar Fajardo, Ang Bagong Bayani OFW Labor Party; Edward Era, Filipino Lifeline Inc.; and OFWs Milgaros Juare, Rilda G. Ongcal and Susan Cuenca.
Convenience
Meanwhile, in a letter to the BusinessMirror, Ma. Consuelo Bungag, officer in charge of the Miaa public affairs department and media affairs division, said the integration will, in fact, bring added convenience to passengers as a result of reduced queuing process for them.
“Under the [previous] system, all OFWs line up to either pay terminal fee or have their OEC [Overseas Employment Certificate] validated to obtain exemption. With the integration in place, passengers, including OFWs, will no longer have to line up because exemption will be honored at the point of sale except for tickets purchased abroad or online. For this purpose, refund may be done at the terminals or at the Miaa administration building,” she said. Bungag added the total number of departing passengers who will not line up to pay terminal fee is 5.6 million and these include OFWs, athletes and pilgrims.
“The 197,569 passengers expected to buy their tickets online or abroad also may not even have to line up because according to POEA [Philippine Overseas Employment Administration], in most cases, the OFW does not pay for the airfare as it is a condition in the employment contract that tickets should be for the account of the foreign employers. Thus, the terminal fee which has been incorporated in the airfare can only be refunded by the foreign employer,” she said.