Court stops MIAA from collecting terminal fees from OFWs

MANILA, Philippines - Overseas Filipino workers (OFWs) are exempted from paying the terminal fee after the Pasay City regional trial court stopped the Manila International Airport Authority (MIAA) from enforcing an order including the P550 terminal fee in the cost of an airline ticket.

In a six-page resolution dated Nov. 19, Judge Tingaraan Guiling of Pasay RTC Branch 109 declared MIAA’s Memorandum Circular No. 8 as “unenforceable.”

Guiling said MC No. 8 did not comply with the legal requirement that it must be published in the Official Gazette or any newspaper of general circulation 15 days before its implementation.

“The court holds and believes that MC No. 8 needs publication as mandated by law… Bereft and absence of any publication, MC No 8 is unenforceable,” the court resolution said.

The judge earlier issued a 21-day temporary restraining order against the circular after OFWs and recruiters filed a petition requesting for TRO and permanent injunction on the ground that the circular violates Republic Act 10022 that prohibits the collection of travel tax and terminal fee for OFWs who possess valid Overseas Exemption Certificates.

During the court hearing last Nov. 17 on the petition filed by OFW Family party-list Rep. Roy Señeres Jr., non-government organizations and recruiters, MIAA finance manager Irene Montalbo admitted that the circular was never published in the Official Gazette or newspaper of general circulation nor was it presented to the petitioners during their consultation meetings.

But Montalbo said several meetings about the implementation of MC No. 8 were held with stakeholders of the industry, including the Philippine Overseas Employment Administration and the Department of Labor and Employment. – With Mayen Jaymalin, Rudy Santos