A CONSUMERS group yesterday filed a petition before the Manila Regional Trial Court seeking to invalidate the administrative order issued by the Manila International Airport Authority (MIAA) raising airport fees and charges.
Named as respondents in the petition filed by the Consumers Union-Philippines, through lawyers Vanessa Oyos and Rodel Taon, are the New NAIA Infra Corp (NNIC), Department of Transportation (DOTr), Manila International Airport Authority (MIAA), and the Office of the Solicitor General.
The petitioners asked the court to nullify revised Administrative Order No. 1 (AO1), Series of 2024 issued by MIAA which adjusted airport fees and charges collected by the NNIC, the airport’s private operator, saying that it is “unjust and unreasonable” as it results in exorbitant fees to the detriment of the public.
“These excessive charges are unaffordable for consumers and could even negatively impact tourism and air commerce,” they said.
In a short statement, the MIAA said: “We have not received a copy of the petition and it would be premature for us to comment at this time. But while we respect their right to avail of judicial remedies and reliefs, we maintain that the entire process leading to the concession agreement including the AO1 rates, has been transparent and in accordance with law.”
In particular, the petitioners urged the court to strike out Sections 4.2, 4.2.1, and 5.4 of the revised AO1, and Section 1.1 of the concession agreement between MIAA and NNIC for allegedly delegating regulatory powers to the NNIC without legal basis.
“The DoTr’s power to impose and change airport rates is merely a delegated power, and as such, it is illegal for it to further delegate that power through a mere concession agreement in favor of the NNIC,” they argued.
They also asked the court to declare as invalid Section 3.1 of the revised administrative order for allegedly being arbitrary, discriminatory, and for being inconsistent with public interest.
“These clauses allow the NNIC to impose non-regulated fees without government oversight, thereby violating the PPP code,” part of the petition said.
They also urged the court to nullify Sections 24.3.2 and 31 of the concession agreement for supposedly being contrary to public policy as it allows private operators unregulated discretion to impose fees during their operational period.
The NNIC last month raised the fees for landing and takeoff at NAIA.
The DoTr has assured the public amid the controversy generated by the increased landing and takeoff fees that it would not necessarily results to higher air fares.
