AN ESTIMATED P1 billion in unrefunded overpayments by overseas Filipino workers (OFWs) due to integration of airport fees with airline tickets remains unrefunded by the Manila International Airport Authority (MIAA), Senator Cynthia Villar said Tuesday.
Villar said the Philippine Overseas Employment Administration (POEA) do not have the figures on the number of affected OFWs.
She added that those OFWs buying online or buying tickets abroad are likely affected by the fee integration, which was authorized under MIAA's Memorandum Circular no. 08.
It is estimated that only 10 percent of the overpayments was refunded.
The other 90 percent are unrefunded and can amount to some P1 billion.
"Bakit naman at the expense of the OFWs?" Villar asked.
The unrefunded moneys will accumulate and can become a big amount, she said.
"Kasi hindi ko maintindihan why they have to collect. Why do you insist on collecting? Parang sinasabi nila, yung line daw. Ibig mong sabihin, just to solve the line, you do an illegal act? You solve the line, but don't disobey the law," she said.
The senator said the memorandum violates the Migrant Workers Overseas Filipinos Act, which exempts the OFWs from paying P550 terminal fee.
The International Passenger Service Charge (IPSC) scheme, however, integrates the P550 airport terminal fee to the air tickets for all international passengers, including OFWs.
In order to claim a refund, the OFW who purchase his tickets online or overseas has to line up first at the airport.
"It's clearly an illegal collection, because it's the money of OFWs," she said. "Hindi naman sa kanila iyon, dapat i-refund yun ng OFWs. But the process of refunding is very difficult," she added.
Villar said that their recourse is to go to court. Another option would be to ask the Ombudsman to stop the implementation.
Villar said a memorandum cannot override an existing legislation that grants OFWs exemption from payment of travel taxes and terminal fees.
The #NoTo550 Coalition, a group composed of OFWs groups and advocates, slammed the implementation of the integration of terminal fees into the price of airline tickets.
Villar lamented the inaction of the MIAA board in continuing the implementation of the memorandum despite a call from the majority of the Senate.
A resolution signed by 20 senators called for the MIAA board to postpone the move that not only causes inconvenience to OFWs but also against the law.
"It is unfortunate that authorities refuse to see that and instead chose to turn a deaf ear to the sentiment of the OFWs," Villar said.
Villar, chair for the committee on government corporations and public enterprises, said that she will talk with the Governance Commission for Government Owned and Controlled Corporations to ask MIAA to withdraw their memorandum and to find other ways to solve the congestion problems at the airport without impinging on the rights of the OFW.
"Kasi dapat may common ground iyan. They decided to do this na hindi nila alam kung ilang OFW ang affected," she said.
Susan Ople, president of Blas Ople Policy Center and Training Institute, said she already advised MIAA officials to consult OFWs first prior to the implementation of the IPSC scheme but they did not listen.
MIAA vice chairman and general manager Jose Angel Honrado, meanwhile, said the IPSC scheme was implemented due to the airport congestion.
Senator Aquilino Pimentel III, however, said Honrado's reason was not valid because the terminal fee was still not convenient to the airport passengers.
Villar said the MIAA should instead make a way to address the airport congestion without impinging on the rights of OFWs.
OFWs has filed a class suit at Pasay Regional Trial Court branch 109 but the Office of the Corporate Counsel was successful in inhibition of the judge hearing the case.
"Kaya nga parang delaying tactics on their part para hindi mag-rule ang judge," Villar said.
Renato Villa of the Department of Foreign Affairs Office of Undersecretary for Migrant Workers Affairs and POEA Undersecretary Hans Leo Cacdac said their agencies support for the suspension of the IPSC integration.
In fact, Villa said Acting Foreign Affairs Laura del Rosario wrote to Transportation and Communications Secretary Joseph Emilio Abaya telling him that the IPSC scheme may add burden to OFWs.
"The DFA likewise conveys the sentiment of OFWs worldwide in objecting the airport terminal fee as it may cause inconvenience and unnecessary burden on them," Villa said as he read the letter.
Villar suggested for MIAA to come up with a computer application program that exempts the OFWs, which they say cannot be done.
The application program can be finished in six months and POEA and Department of Labor and Employment are willing to share in the expense of developing the software.
"Sabi ko suspend muna and then magpagawa ng computer program na automatic yung mga OFW can be exempted. Ayaw kami pakinggan doon," Villar said. (Sunnex)