OFW groups seek TRO vs. integrated terminal fee implementation
Various pro-OFW groups on Tuesday filed a motion with the Pasay Regional Trial Court asking for a temporary restraining order (TRO) on the implementation of the Integrated Terminal Fee (ITF), which is set to start on November 1.
According to lawyer Rodolfo Tuazon, the new scheme, where terminal fees are integrated into airline tickets, violates Section 35 of Republic Act 8042, amended by RA 10022 or the Migrant Workers and Overseas Filipinos Act of 1995, which exempts migrant workers from terminal fees.
"The moment you impose the condition, you already amend the law and only Congress can amend it... Anything that is circularized contrary to (the law) is invalid," said Tuazon.
He added only government labor agencies are tasked with following the implementing rules and regulation of the ITF, though IRR could not "change, multiply, or alter what the law does not provide."
Long lines?
With the implementation of the ITF, OFWs will have to line up at airports to refund the P550 terminal fee included in the tickets they purchased overseas or online. The refund will be given to them once they submitted a duly accomplished form and their overseas employment certificate (OEC).
"After 19 years, ngayon magbabayad na sila ng terminal fee at magre-refund daw sila sa kadahilanang para mabawasan yung traffic sa airport. Sa katotohanan po, walang pong traffic na ginagawa o queue ang mga OFW sa airport dahil pagdating nila dun, exempted na sila," added Lito Soriano, LBS Recruitment Solutions Corporation CEO.
At a press conference in Pasay City, the #NoTo550 Coalition said the implementation of the scheme, which it said will add burden to OFWs, must be delayed until until such time that it has inputs from the Philippine Overseas Employment Administration and the Department of Foreign Affairs.
"In-emphasize na ito ay phase one lang. Ang stand ng coalition is why insist na i-implement kung may phase 2 pa naman pala. Bakit hindi na lang hintayin na ma-perfect nila yung sistema bago nila i-implement?" Gemma Cosimo of Pinoy Expats/OFW Blog Awards said.
It also said consultations with OFWs must be done, with Jun Aguilar of the Filipino Migrant Workers' Group saying despite Manila International Airport Authority's information drive, the ITF still caught many OFWs by surprise.
"Unfortunately, kami ang nag-campaign, nagpaalam, sapagkat maraming mga miyembro ng sektor ang di nakakaalam doon sa panibagong dagok na ito," said Aguilar.
The MIAA has moved the implementation of the ITF from October 1 to November 1 to give more time for affected passengers to be informed of its mechanics.
Rally at DOTC office
Meanwhile, families of OFWs rallied in front of the Department of Transportation and Communications (DOTC) office in Mandaluyong City to protest the integration of terminal fee to airline ticket prices.
The protesters, led by Migrante International, claimed the new scheme, set to be implemented on November 1, is disadvantageous to OFWs. Moreso, they claimed it may also lead to corruption, involving the accumulated terminal fees that OFWs failed to claim as refund.
"Kami mismo tinanong [namin] si Secretary [Joseph Emilio] Abaya... 'Anong mangyayari sa pondo na hindi mare-refund?' Sila mismo, hindi nila masagot 'yun, kung anong gagawin dun sa hindi mare-refund," Cosimo said during the press conference.
She added that most OFWs wouldn't bother getting the money because vacationing OFWs have limited time.
Blas F. Ople Policy Center President Susan Ople for her part said the ITM would mean less time for OFWs to vacationing OFWs to spent with their family in the Philippines.
"'Wag apakan yung mga benepisyo na 19 years na nilang tinatamasa. 'Yun ang pinaglalaban dito. Hindi yung kung ilan yung pasahero, hindi ilan kung ilan yung online, alin yung dito bibili ng ticket. Hindi sa bilangan, kundi sa uri ng benepisyo na matagal nang ipinaglaban, matagal nang nakakamtan ng OFW," she said.
Earlier in September, OFWs launched a social media campaign against ITF using the hashtag #NoTo550, saying the additional P550 posed an extra burden to them.
Global OFW Voices, a migrant Filipino group, even created a petition saying the move invalidated their benefits as migrant workers.
ITF was first targeted towards the Ninoy Aquino International Airport (NAIA), but an order by the Department of Transportation and Communications (DOTC) sought to enforce it in all airports in the country. —KBK, GMA News
According to lawyer Rodolfo Tuazon, the new scheme, where terminal fees are integrated into airline tickets, violates Section 35 of Republic Act 8042, amended by RA 10022 or the Migrant Workers and Overseas Filipinos Act of 1995, which exempts migrant workers from terminal fees.
"The moment you impose the condition, you already amend the law and only Congress can amend it... Anything that is circularized contrary to (the law) is invalid," said Tuazon.
He added only government labor agencies are tasked with following the implementing rules and regulation of the ITF, though IRR could not "change, multiply, or alter what the law does not provide."
Long lines?
With the implementation of the ITF, OFWs will have to line up at airports to refund the P550 terminal fee included in the tickets they purchased overseas or online. The refund will be given to them once they submitted a duly accomplished form and their overseas employment certificate (OEC).
"After 19 years, ngayon magbabayad na sila ng terminal fee at magre-refund daw sila sa kadahilanang para mabawasan yung traffic sa airport. Sa katotohanan po, walang pong traffic na ginagawa o queue ang mga OFW sa airport dahil pagdating nila dun, exempted na sila," added Lito Soriano, LBS Recruitment Solutions Corporation CEO.
At a press conference in Pasay City, the #NoTo550 Coalition said the implementation of the scheme, which it said will add burden to OFWs, must be delayed until until such time that it has inputs from the Philippine Overseas Employment Administration and the Department of Foreign Affairs.
"In-emphasize na ito ay phase one lang. Ang stand ng coalition is why insist na i-implement kung may phase 2 pa naman pala. Bakit hindi na lang hintayin na ma-perfect nila yung sistema bago nila i-implement?" Gemma Cosimo of Pinoy Expats/OFW Blog Awards said.
It also said consultations with OFWs must be done, with Jun Aguilar of the Filipino Migrant Workers' Group saying despite Manila International Airport Authority's information drive, the ITF still caught many OFWs by surprise.
"Unfortunately, kami ang nag-campaign, nagpaalam, sapagkat maraming mga miyembro ng sektor ang di nakakaalam doon sa panibagong dagok na ito," said Aguilar.
The MIAA has moved the implementation of the ITF from October 1 to November 1 to give more time for affected passengers to be informed of its mechanics.
Rally at DOTC office
Meanwhile, families of OFWs rallied in front of the Department of Transportation and Communications (DOTC) office in Mandaluyong City to protest the integration of terminal fee to airline ticket prices.
The protesters, led by Migrante International, claimed the new scheme, set to be implemented on November 1, is disadvantageous to OFWs. Moreso, they claimed it may also lead to corruption, involving the accumulated terminal fees that OFWs failed to claim as refund.
"Kami mismo tinanong [namin] si Secretary [Joseph Emilio] Abaya... 'Anong mangyayari sa pondo na hindi mare-refund?' Sila mismo, hindi nila masagot 'yun, kung anong gagawin dun sa hindi mare-refund," Cosimo said during the press conference.
She added that most OFWs wouldn't bother getting the money because vacationing OFWs have limited time.
Blas F. Ople Policy Center President Susan Ople for her part said the ITM would mean less time for OFWs to vacationing OFWs to spent with their family in the Philippines.
"'Wag apakan yung mga benepisyo na 19 years na nilang tinatamasa. 'Yun ang pinaglalaban dito. Hindi yung kung ilan yung pasahero, hindi ilan kung ilan yung online, alin yung dito bibili ng ticket. Hindi sa bilangan, kundi sa uri ng benepisyo na matagal nang ipinaglaban, matagal nang nakakamtan ng OFW," she said.
Earlier in September, OFWs launched a social media campaign against ITF using the hashtag #NoTo550, saying the additional P550 posed an extra burden to them.
Global OFW Voices, a migrant Filipino group, even created a petition saying the move invalidated their benefits as migrant workers.
ITF was first targeted towards the Ninoy Aquino International Airport (NAIA), but an order by the Department of Transportation and Communications (DOTC) sought to enforce it in all airports in the country. —KBK, GMA News
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