JAN.

6, 2015

NR # 3703B

Solon calls for an inquiry into the new terminal fee imposed on OFWs
A lawmaker has called for an inquiry into the imposition of additional terminal fee
amounting to P550 by the Manila International Airport Authority (MIAA) on the Overseas
Filipino Workers (OFWs).
In House Resolution 1656, Rep. Roy V. Seeres, Sr. (Party-list, OFW) urged the
House Committees on Overseas Workers Affairs and Transportation to summon the
officials of MIAA to explain the issuance of Memorandum Circular No. 8 imposing the
International Passengers Service Charge (IPSC) or terminal fee, which will also cover
international passengers.
Seeres said the terminal fee shall be integrated into the amount of the airline
tickets to be purchased by OFWs but subject to refund later once they can show proof that
they are exempted from the payment of the terminal fee.
According to Seeres, the circular would be imposed on land-based and sea-based
OFWs who are explicitly declared exempt from such payment under Republic Act 8042 or
the Migrant Workers and Overseas Filipinos Act of 1995 as amended by Republic Act
10022.
Seeres urged the House committees to ask the MIAA officials why they issued the
circular, which clearly violates RA 10022.
The law exempts OFWs from the payment of the airport terminal fee. The circular
contravenes the very spirit and intent of the law, Seeres said.
Seeres said administrative or executive acts, orders and regulations shall be valid
only when they are not contrary to the existing laws.
The circular holds no water since the mere act of collecting airport terminal fees
from OFWs already constitutes a violation of the law, Seeres said.
Citing the decision of the Supreme Court in the case Perez versus the Philippine
Telegraph and Telephone Company in 2009, Seeres said the high tribunal rules that in
case conflict between the law and the implementing rules and regulations, the existing
laws prevails over the administrative regulations implementing it.
The OFWs comprise the countrys army of economic warriors who fight grinding
poverty in the country in various war theaters overseas and in the process collectively
remit to the Philippines money to tune of $22 billion yearly, Seeres said. (30) mrs