Legal Challenge to Naia Fee Hike Intensifies
Former Philippine Bar Association president Rico Domingo and lawyer Cesar Oracion have renewed their call for the Supreme Court to issue a temporary restraining order (TRO) to stop the scheduled fee increase at Ninoy Aquino International Airport (Naia). The looming hike threatens to burden millions of travelers, they warned.
In a detailed 13-page motion filed recently, the lawyers highlighted the imminent rise in terminal fees set for September 14. The international passenger service charge will jump from P550 to P950, while the domestic fee will increase from P300 to P390. This rapid increase underscores the urgent need to halt the fee adjustments, they said.
Background of the Naia Fee Hike and PPP Agreement
The fee hikes are part of the Naia Public-Private Partnership (PPP) project concession agreement, signed on March 18, 2024. This contract, involving the Department of Transportation, the Manila International Airport Authority (MIAA), and the private firm New Naia Infra Corp. (NNIC), covers the rehabilitation, operation, expansion, and eventual transfer of Naia.
Under the agreement, NNIC holds the right to operate and maintain the airport for an initial 15-year period, which may be extended by an additional 10 years. Since October 2024, NNIC has started enforcing increased fees, including vehicle parking, land leases, office rentals, aircraft landing and takeoff charges, and passenger processing fees, following MIAA Administrative Order No. 1, series of 2024.
Concerns Over the Fee Hike and Concession Enforcement
According to Domingo and Oracion, the ongoing enforcement of the concession agreement and the revised administrative order not only threatens passengers’ rights but also violates them daily. They stressed there is no guarantee that travelers will receive refunds if the Supreme Court eventually rules against the fee increases.
“To be sure, any deprivation of property without due process of law is a serious damage that is, ultimately, unquantifiable with any reasonable accuracy,” the lawyers emphasized. This legal uncertainty has caused widespread concern among airport users.
Public Property and Urgency of Intervention
The petitioners also drew attention to the demolition of Naia Terminal 4, which they described as public property funded by taxpayers. They argued that any further damage or loss resulting from the concession agreement must be prevented immediately to protect public interest.
“It is imperative that any further damage to or loss of public property pursuant to this unconstitutional and void concession agreement be averted immediately,” the petitioners stated firmly.
Legal Actions and Related Petitions
Domingo and Oracion initially filed their main petition (G.R. No. 279760) on May 2, seeking to halt the implementation of both the concession agreement and the administrative order. They also requested a TRO, a writ of preliminary injunction, or other injunctive remedies to stop the fee hikes.
Earlier, a separate group of lawyers led by Joel Butuyan filed a similar petition (G.R. No. 279292) with the same goal of stopping the price increases at Naia. This group has also urged the Supreme Court to act swiftly in light of the approaching fee hike deadline.
Additionally, on August 12, another set of petitioners, including current and former airport employees and concerned citizens, filed a petition seeking to invalidate the PPP agreement between the government and San Miguel Corporation’s NNIC.
Looking Ahead
As the scheduled fee hike draws near, the Supreme Court faces mounting pressure from various sectors to intervene. The outcome will significantly impact millions of airport users and the future operation of Naia under the existing concession agreement.
For more news and updates on Naia fee hike, visit Filipinokami.com.
