Manila: A recent decision by a Pasay City court preventing the Manila airport from automatically deducting the integrated passenger service charge (IPSC) from airline tickets drew praise from a group of overseas workers.
“We are happy at the court’s decision on the issue of airport terminal fee integration. It is definitely a victory not only for us but also, most importantly, for the millions of hardworking Filipino workers abroad,” the group, #NoTo550 Coalition, said in a statement.
On Wednesday, the suburban Pasay City Regional Trial Court (RTC) ruled on the petition filed on October 30 by #NoTo550 Coalition that challenged the move by the Manila International Airport Authority (MIAA) to integrate an airport terminal fee into airline tickets of international passengers.
Under Memorandum Circular No 8, which MIAA issued in October, the authority was supposed to automatically charge every airline passenger, including overseas Filipino workers (OFW), a P550 (Dh44.83) terminal fee. The #NoTo550 Coalition questioned the move, arguing that such fees levied on OFWs are illegal under rules safeguarding the rights of OFWs as stipulated in the Migrant Workers and Overseas Filipinos Act.
On October 31, the #NoTo550 Coalition sought a restraining order from the court barring the implementation of the law temporarily, and on November 19 the court issued its decision on the matter.
In his ruling, Pasay City trial court Judge Tingaraan Guiling, he said the airport authority cannot implement the integrated terminal fee because under the law, any new rules or new guidelines issued by the government must first be published in a Gazette or official publication before it can take effect.
“MIAA MC No 8 is unenforceable because the agency has failed to publish the official copy of the memorandum as required by Article 2 of the Civil Code and Executive Order No. 292,” Guiling said.
Ferdie Maglalang spokesman of the #NoTo550 Coalition said that while their group was elated over the court decision, they believe that they have not seen the end of MIAA MC No 8.
“Our work is not yet done. What we want is for the government to declare the IPSC illegal,” he said while pointing out that they will bring the case before Congress.
“We will bring this matter to Congress. It was Congress that made the law exempting our Filipino workers abroad from paying terminal fees. We still hold a firm belief that a mere circular violates the 1995 Migrant Workers Act,” Maglalang said.
The #Noto550 Coalition is made up of OFW Family Partylist, the Blas F. Ople Policy Centre, PinoyExpats/OFW Blog Awards, the United Filipino Seafarers, Philippine Migrants’ Rights Watch, the Centre for Migrant Advocacy, among others.
For his part, Senator Aquilino “Koko” Pimentel III, chairman of the Senate Committee on Justice and Human Rights said: “As a matter of policy, expediency should never override substantive rights. The statutory exemption from payment of travel tax and airport fee is a recognition by the State of the vital role of our OFWs.”
“Congress is duty-bound to ensure that issuances by government agencies do not violate the laws passed by the legislature,” he said.
The #NoTo550 Coalition have also decried the lack of consultations on the new IPSC policy by MIAA, questioning government’s intention on the proposed creation of a trust fund for non-refunded terminal fees.
