THE Manila International Airport Authority’s (Miaa) plan to integrate the terminal fee into airline tickets suffered another setback on Thursday, when a judge of the Regional Trial Court (RTC) in Pasay City found the memorandum circular (MC) mandating the new collection scheme “unenforceable” owing to “lack of publication as required by law.”
Judge Tingaran Guiling of Branch 109 of the RTC in Pasay, in a hearing on November 17, learned from the government lawyers that the circular was never published in the Official Gazette.
Irene Montalbo, Miaa finance manager, admitted in open court that the circular was never published in a newspaper of general circulation nor was it presented to the petitioners during their consultation meetings.
Thus, Guiling ordered that in the absence of publication as mandated by law, as well as jurisprudence on the matter, the Miaa MC 8 is unenforceable.
The petition for certiorari was filed by former Ambassador Roy Señeres Jr., together with a number of non-governmental organizations and labor recruiters against the controversial order of the Miaa.
Montalbo said the Miaa, together with the stakeholders of the industry, including the Philippine Overseas Employment Agency and the Departmentof Labor, held several meetings to discuss the implementation of the MC, which pertains to the procedure for the refunds of overseas Filipino workers money.
The MC requires airlines to collect the P550 passenger terminal fee from those who purchase their tickets online or abroad.
The petitioners, however, insisted that the Miaa’s act violates the rules of Republic Act 10022, which prohibits the collection of the travel tax and terminal fee for OFWs who possess a valid Overseas Exemption Certificate.
The court resolution comes amid growing protests by labor recruiters, migrant workers’ organizations and other stakeholders against the illegality of the terminal-fee integration, technically referred to as International Passenger Service Fee.
Sen. Aquilino Pimentel III filed a resolution on November 10, calling for an investigation in aid of legislation into the matter.
He said officials of the Department of Transportation and Communications and the Miaa face possible charges if they continue to implement the scheme, which was supposed to take effect on November 1.
Groups advocating the rights of migrant Filipino workers called the court resolution a “huge victory,” while Señeres thanked the court for “coming to the rescue” of the migrant workers’ sector.