Supreme Court urged to stop enforcement of RP-Singapore air pact

A non-governmental organization of tour and travel operators and tourism-related businesses petitioned the Supreme Court to stop Transportation and Communications Secretary Pantaleon Alvarez from enforcing the RP-Singapore air agreement because of the irregular manner with which it was entered into.

The Save Our Skies (SOS) movement, whose members are users of air transport services, said Alvarez abused his authority when he signed the confidential memorandum of understanding on air transport between the two countries on Aug. 25, 2001.

It said Alvarez violated the effectivity period of Executive Order 32, which changed the composition of the RP air panel, when he signed the air agreement just one day after its publication in a newspaper. The EO’s effectivity should have begun 15 days after publication in the official gazette or in a newspaper of general circulation to allow the people to be apprised of its existence, it pointed out.

"Not only did he utterly disregard the official position of the previous air panel but he also patently disregarded the lawful procedure in entering into said treaty or international agreement," SOS said.

"More importantly, the designated official carriers of the Philippines and the users of air transport services were not consulted to determine whether ‘national interest’ would be best served if any such negotiation with Singapore would be pursued," it stressed.

The group said Alvarez committed grave abuse of discretion and acted in excess of jurisdiction in recommending to President Arroyo the change in the composition of the RP air panel by making her issue EO 32. The Palace order also designated the Department of Transportation and Communications (DOTC) as chairman of the panel.

It said Alvarez made the recommendation to the President so the official position of the previous RP air panel advising the government to defer talks with Singapore would be set aside. The previous panel had agreed any new accord with Singapore would not benefit the country’s tourism and even hamper the growth of the local airline industry.

Alvarez was also accused of disregarding the memorandum of CAB Executive Director Manuel San Jose dated Aug. 14, 2001 which sought the shelving of the negotiations with Singapore. The SOS said that in any air service agreement entered into by the Philippines with any foreign country, the CAB should play a primordial role.

"Republic Act No. 776 (Section 10 H), which definitely has not been repealed by EO 32, mandates that the CAB shall be advised of, and shall consult with the Department of Foreign Affairs (now DOTC) concerning the negotiation of any air agreement with foreign governments for the promotion, establishment, or development of foreign air transportation."

Furthermore, the group said, it is evident that Sections 1.2 and 1.3 of EO 219 which also have not been amended or repealed by EO 32, specifically direct that it is CAB that shall "determine national interest, taking into consideration the larger interest of the country, especially the users of air services and that all grants of frequencies or capacity to, any increase of existing frequencies or capacities of and/or the grant of new routes or traffic points to any foreign (even if on a provisional basis) shall be the sole prerogative of the CAB subject to the confirmation of the Office of the President."

"Indeed, CAB as well as its other co-members in the previous RP negotiating panel has considered national interest in deciding not to pursue any negotiation with Singapore regarding any air service agreements because it is inimical to the interest of the Philippines," SOS said.

According to SOS, Alvarez patently disregarded CAB’s and its panel co-members’ position and hastily entered into and signed the agreement. "Hence, Alvarez committed grave abuse of discretion and acted in excess of his jurisdiction when he recommended to the President the issuance of the EO 32 and eventually entered into and signed the memo of understanding."

He also failed to comply with certain steps in negotiating and signing a treaty or international agreement. "Prior to Aug. 25, Alvarez as head of the single air panel did not have the authority to represent the Philippines to negotiate with Singapore. Consequently, the panel did not have the occasion to legitimately and legally convene and discuss the parameters of any proposed air negotiations with Singapore."