SEVERAL groups on Tuesday, August 12, urged the Supreme Court to declare the concession contract for the Ninoy Aquino International Airport (NAIA) between the government and the New NAIA Infra Corporation (NNIC) unconstitutional.
PUSO ng NAIA, Socialista, and Samahan ng mga Manggagawa sa Paliparan ng Pilipinas (SMPP), and Ka Leody de Guzman were among the petitioners represented by lawyer Kit Belmonte.
The groups sought a temporary restraining order and a writ of preliminary injunction, noting the “mega-hike” in airport-related fees that would be implemented in September.
They said the Manila International Airport Authority’s (MIAA) Revised Administrative Order No. 1 would supposedly allow the airport operator to “charge and collect both regulated and non-regulated fees and charges, and new fees and charges on both these types.”
The petitioners said the domestic passenger service charge could go up to P390 from P200, while the international passenger service charge could climb to P950 from P550.
These are “apart from the 300 percent to 700 percent hike in fees for airline’s landing, take-off, parking, cargo” and other related fees for commercial spaces in NAIA.
Travelers and other stakeholders will “definitely” shoulder this hike in charges and fees, according to Romeo Sauler, head secretariat of PUSO ng NAIA.
“‘Yang PPP agreement na ‘yan na maraming red flags kaming nakita. (JC) Dapat dadaan sa konsultasyon muna bago isakatuparan at dadaan sa Kongreso. Walang konsultasyon. Hindi dapat ibigay sa pribado ang serbisyo publiko. Ano ang motive ng private company, tubo,” Sauler said in a chance interview.
Petitioners said they initially had limited access to important information due to the supposed lack of transparency and public participation.
Valid rate-setting and publishing proposed rates, petitioners argued, should have been undertaken by the Cabinet and not MIAA.
“The MIAA General Manager recommends rates to the MIAA Board, which approves and forwards the recommendation to the Secretary of Transportation. In consultation with the Secretary of Finance, the Secretary determines the rates and submits them to the Cabinet for Approval,” the petitioners said.
“The Cabinet must publish the proposed rates in newspapers of general circulation prior to conducting a public hearing. This mandatory process was not followed,” they added.
Petitioners argued that the implementation of the AO continues to violate “substantive due process” due to the imposition of rates without disclosing its factual or legal bases.
It also supposedly delegated to the private entity the determination of the rates and charges “without reference to any legal standard or public oversight.”
ABS-CBN News has sought comment from the MIAA but it has yet to respond as of this story’s posting.
Last month, groups called for the cancellation of the privatization contract of the NAIA with San Miguel Corporation, saying the deal was pushing up airport fees which could eventually affect airfares.
At least two petitions have also been filed before the Supreme Court questioning the said deal. (ABS-CBN News)
