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Group petitions to junk NAIA fee hikes, charges

Article (news)

Andrea Taguines

ABS-CBN News

MANILA - A consumer group filed a court petition on Wednesday questioning the increases in airport fees under the new San Miguel-led private sector operator of the Ninoy Aquino International Airport (NAIA).In a 57-page declaratory relief petition filed before the Manila Regional Trial Court, the Consumers Union of the Philippines, Inc. (CUP) said certain provisions of the NAIA concession agreement and the Manila International Airport Authority (MIAA) Revised Administrative Order No. 1, Series of 2024, specifically those concerning adjustments in rates of fees and charges, should be declared invalid and unconstitutional.<div><iframe width="640" height="360" src="https://www.youtube.com/embed/naizXHaZLYI?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></div><div> </div>For instance, the petitioners pointed out that certain fees and charges at NAIA have been proclaimed as Non-Regulated Fees and Charges, “thereby allowing the New NAIA Infra Corp. (NNIC) to impose and collect the same without any government regulation whatsoever.”These include vehicle parking after the first two hours as well as commercial rent or leasing of terminal buildings and cargo terminal, among others.In October, less than a month after it bagged the contract to rehabilitate the airport, the New NAIA Infra Corp. (NNIC) already hiked the overnight parking fee for cars to P1,200 from the previous P300– to the shock and dismay of many passengers.According to the petitioners, the Public Private Partnership Code never empowered implementing Agencies, such as the Department of Transportation (DOTr) and the Manila International Airport Authority (MIAA), to grant their private partners unbridled power to fix any kind or category of rate or charge.“There’s an extreme increase on the rates. Hindi lang naman ito P20 lang and kahit na P20 lang yun, the same should be justifiable. At bakit sa consumer natin ibibigay yung that kind of burden to pay? Kailangan talaga na merong authority to go through all of it,” CUP Spokesperson Attorney Vanessa Oyos told reporers during the filing.<div><iframe width="640" height="360" src="https://www.youtube.com/embed/NiEatzmFAwE?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe> </div>Other fees have also increased like the landing fee, take-off fee, and aircraft parking fee paid for by airlines, which the group said could lead to higher airfares.Terminal fees are also scheduled for an increase next year.CUP also criticized the immediate effectivity of the higher fees when passengers have not even benefitte yet from the changes that the NNIC will implement.“When you go to the airport, wala pa talagang new developments, right? And yet the increases are there. People are suffering na,” said Atty. Arnel Garde, who is among the counsels of the petitioners.Instead of passing the burden to consumers, the group said it should be the government who will shoulder the additional costs. After all, it stands gain an 82 percent revenue share.“Hindi kami naghaharang sa development at sa betterment ng services natin sa main gateway of the Philippines. We are here to give justice to the public as well,” added Oyos.The respondents in the petition are the DOTr, MIAA, NNIC, and the Office of the Solicitor General.In a statement, the MIAA said that it has yet to receive a copy of the petition.But it noted that while it respects the right of the petitioners to avail of judicial remedies and reliefs, it also maintained that the entire process leading up to the NAIA concession agreement and establishment of rates “has been transparent and in accordance with law.”<div>MIAA TO CONTINUE TO EXERCISE REGULATORY FUNCTION </div>In a separate interview with ABS-CBN News, MIAA Spokesperson Chris Bendijo said they will continue to exercise their regulatory powers insofar as new rates are concerned, or those that are not yet included in the existing Administrative Order.“If they will be introducing new rates, it would have to go through approval of MIAA. So that’s where the regulatory function will come in,” he said.MIAA also justified the non-regulated fees, saying that stakeholders are not obliged to pay for these amenities or services.“The identification of non-regulated rates as defined by AO 1, these are not necessary for airlines to pay, for passengers to pay, kung kaya’t binibigyan siya (NNIC) ng ganung leeway to recover naman yung kanilang investment,” said Bendijo.Bendijo also assured the public that all the provisions in the NAIA concession agreement and MIAA AO are geared towards achieving the goals of the airport upgrade and improving the travel experience of passengers.“It will address that ability of the private concessionaire to meet the KPIs… The two most important there would be increasing passenger terminal capacity from 30 million to 60 million and then increasing yung aircraft movement natin per hour from 40 to 48,” he said.“It also allows them recovery naman of their investment because it is quite substantial also,” added Bendijo.Moving forward, Bendijo said the government will continue to study ways on how to mitigate additional costs for stakeholders, including possibly shouldering some of the expenses.“Pinapakinggan natin yan. If we can find some solutions, some mitigating measures, of course, we are open to exploring that naman. Hindi naman natin sinasara yung paghahanap ng solusyon para sa ating mga stakeholders,” he said.

A consumer group questioned the increases in airport fees under the new San Miguel-led private sector operator of the Ninoy Aquino International Airport.

A consumer group questioned the increases in airport fees under the new San Miguel-led private sector operator of the Ninoy Aquino International Airport.