Petition against new NAIA fees filed before Manila court

A GROUP on Wednesday filed before a Manila court a petition against the rates and charges levied by the San Miguel-led New NAIA Infra Corp. (NNIC) over airport passengers as part of its concession agreement with the government, citing the fees as “unjust and unreasonable” for consumers.

The Philippine government in March inked a P170.6-billion public-private partnership (PPP) with the NNIC to upgrade the Ninoy Aquino International Airport (NAIA), which serves as the country’s primary gateway.

The new airport operator has since introduced new fees for airport passengers since it took over in September, imposing hiked parking and privileges for very important persons, which drew flak from consumer groups.

“Concerned consumers ask the court to declare invalid certain provisions of the Concession Agreement…  which adjusted the fees, dues, charges, or assessments collectible by the NNIC for the use of properties, facilities and services of NAIA,” a press material provided by the Consumers Union-Philippines, Inc. stated. 

Rodel A. Taton filed the petition in his personal capacity and as a representative of Consumers Union-Philippines, along with four other consumer rights advocates.

The case was filed against the Department of Transportation (DoTr), Manila International Airport Authority (MIAA), the NNIC, and the Office of the Solicitor General.

NNIC did not immediately respond to an e-mail seeking comment. BusinessWorld also reached out to NNIC General Manager Angelito A. Alvarez via Viber but has not received a response.

The group flagged NAIA’s fees as they were “too high, unreasonable, detrimental to the public and against public policy.”

They said the fees could negatively affect the country’s tourism prospects, claiming the hiked fees could make “NAIA the most expensive airport.”

The group also argued certain provisions of the concession agreement and the Administrative Order (AO) issued by the Manila International Airport Authority were “void and illegal” as it contradicted the PPP Code.

The petitioners were referring to the September AO that outlined next year’s passenger service charges will increase to P350 and P950 for domestic and international travelers, respectively.

Currently, domestic travelers pay a passenger service charge of P200, while foreign travelers pay P550.

“The PPP Code never empowered Implementing Agencies, such as DOTr and MIAA, to grant their private partners an unbridled power to fix any kind or category of rate or charge,” the petitioners said in a press briefer.

“[The] DoTr’s power to impose and change airport rates is merely a delegated power, it is unlawful for it to further delegate such power through a mere Concession Agreement in favor of NNIC.” — Kenneth Christiane L. Basilio