"We could not understand why the hearings will be held behind closed door. The hearings should be transparent and open to the public as the issue involves the national interest," said Ed Oredina, chairman of the mobilization committee of Philippine Airlines Employees Association (PALEA), one of the petitioners.
It was learned that Judge Eduardo Peralta of the Manila RTC-Branch 17 ordered that the hearings on the petition filed by the National Labor Union, National Federation of Labor and PALEA be held behind closed doors.
Respondents in the case are President Arroyo, Executive Secretary Alberto Romulo, Transportation and Communications Secretary Leandro Mendoza, the Civil Aeronautics Board and Clark Development Corp., Foreign cargo carriers United Parcel Service (UPS), Federal Express (FedEx) and DHL Express were also named respondents.
"They opened our skies, but they closed the court hearings," Oredina said.
He stressed that even the media are barred from covering the hearings, set to resume next week.
"What are they hiding that they won’t even allow the media to cover and the public to watch the hearings? Where is transparency here?" he asked.
In their petition seeking to declare Executive Order No. 253 unconstitutional, the workers said the EO usurps the authority of Congress, which alone can legislate policies concerning the exploitation of the country’s aerial domain by foreign airlines.
The EO, ostensibly issued pursuant to Republic Act No. 7227 or the Bases Conversion and Development Act, finds no legal basis in the law as it expands its purposes and actually amends the act, which is beyond the power of the President, the petition stated.
The petition pointed out that the EO also repeals certain provisions of RA 776 creating the Civil Aeronautics Board which is beyond the power of the President as only Congress can amend a law.
"By providing for an open skies policy which will allow UPS, FedEx and DHL unrestricted access to and from Clark and Subic, EO 253 has enabled foreign airlines to operate public common carriers or public utility by air without complying with the requirements of operating a public utility, in violation of the Constitution," the petition said.
The petitioners said the EO would enable these foreign cargo carriers to monopolize the cargo air transportation business, ease out or reduce the operations of domestic airlines and render aviation workers unemployed or suffer reduction in pay.