OFW groups seek TRO on integration of NAIA terminal fee into airfare

OFWs. INQUIRER FILE PHOTO

MANILA, Philippines — Several groups of the overseas Filipino workers (OFWs) asked the Pasay City Regional Trial Court, on Tuesday, to issue a temporary restraining order, stopping the Manila International Airport Authority (MIAA) from implementing the integration of the airport terminal fee in the cost of international airline tickets starting Nov. 1.

Convenors of #Noto550 Coalition said that they filed a petition for a TRO against MIAA Memorandum Circular No. 08, which has integrated the terminal fee to the cost of international airline tickets, because this move would “diminish the OFWs benefits granted to them by law.”

The coalition is composed of various OFW groups like the Gemma Comiso of PinoyExpats/OFW Blog Awards, Engrs. Nelson Ramirez and Bienvenido Lorque of United Filipino Seafarers, Carmelita Nuqui of Philippine Migrants’ Rights Watch, Ellene Sana of Center for Migrant Advocacy among others.

The coalition said that this memorandum would violate the 19-year-old law that has exempted OFWs from the payment of travel tax, documentary stamp and airport terminal fee upon the presentation of the overseas employment certificate (OEC) 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. 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 convenors said in the petition.

OFW Family Partylist Rep. Roy Seneres, the lead petitioner, named Transportation and Communications Secretary Joseph Emilio Abaya and MIAA General Manager Angel Honrado as respondents.

The MIAA earlier announced that the inclusion of the P550 international passenger service charge or terminal fee in the airline ticket fare was meant to avoid long queues of international passengers lining up in the airports to pay for the terminal fee.

It also explained that OFWs, Muslim pilgrims endorsed by the National Commission on Muslim Filipinos, athletes endorsed by the Philippine Sports Commission and those authorized by the Office of the President are exempted from paying the terminal fee with the presentation of the OEC.

But the OFW groups said that migrant workers who would purchase tickets online or those with employers who would just send them e-tickets would still be forced to pay the terminal fee despite the exemption.

“This is a major setback to the continuous struggle of Filipino migrant workers for economic advancement and recognition of their rights under existing laws,” said the groups in their petition.

The MIAA circular, on the other hand, states that OFWs who bought their tickets online or overseas can refund the terminal fee at the airport after filling up a form and submitting necessary documents.

Señeres earlier said that this refund scheme could be very confusing for OFWS and would “flagrantly violate” the right of OFWs pursuant to Republic Act No. 10022 or the amended Migrant Workers and Overseas Filipinos Act.

“The refund will not in any way cure a consummated violation of the law as it would already be a fait accompli. A mere circular cannot amend or disregard a clear provision of the law,” he added.

The #Noto550 Coalition earlier appealed to President Aquino to direct the MIAA “to respect the law and to shelve the memorandum circular” until a system for proper integration can be developed in partnership with the POEA and the Department of Foreign Affairs.

RELATED STORIES

Int’l airline tickets to include terminal fees by October

Terminal fees for int’l flights set to be included in airplane ticket price