Protracted legal battle looms over terminal fee row

The country’s largest labor group said airlines which will implement the new scheme of the Manila International Airport Authority (MIAA) to integrate the terminal fee into the fares for international flights, could also face legal action.

In a statement, former Senator Ernesto Herrera of the Trade Union Congress of the Philippines (TUCP) said the MIAA Memorandum Circular No. 8,is illegal since it covers overseas Filipino workers (OFW), who are exempted from paying the 550 Interna- tional passenger service charge (IPSC) or terminal fee.

“If it persists, then even the airline companies that signed a Memorandum of Agreement for the implementation of the IPSC may be the subject of a class suit by those being deprived of legally-granted exemptions, such as our OFWs,” Herrera said.

Last month, some Filipino migrant advocates questioned the legality of the MIAA circular before Pasay Regional Court (RTC) branch 109 before it could be implemented on 1 Nov. 2014.

The RTC has since then issued a temporary restraining order ( TRO) against the new policy, which is expected to end this week or 20 days after the court decision was issued on 31 Oct.

It has also ordered the MIAA to submit supporting documents to justify the legality of its new circular.

Herrera pointed out that this is unlikely since it violates Republic Act 10022 or the amended Migrant Workers Act of 1995, which automatically exempts OFWs from the IPSC.

He also said the MIAA may have overstepped the boundaries of its duties in crafting circular since it will require the government to pay additional fees to airline companies.