DoJ tells Clark operator: Collect fees
The purpose for the collection of ASF is to subsidize the National Committee on Anti-Hijacking, a committee created by virtue of LOI 399, which was signed two months prior to LOIs 414 and 414-A
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The purpose for the collection of ASF is to subsidize the National Committee on Anti-Hijacking, a committee created by virtue of LOI 399, which was signed two months prior to LOIs 414 and 414-A
Aviation security fees should be collected from passengers by private corporations operating the Clark International Airport and remit the funds to the Bureau of Treasury.
This was based on the legal opinion of Justice Secretary Jesus Crispin Remulla dated 25 September 2023, saying: "We are of the opinion that the CIAC/LIPAD (Clark International Airport Corporation/Luzon International Premier Airport Development) must collect and remit the amount of P60 and P15 for every departing international and domestic passenger, pursuant to Section 1 and 2 of EO (Executive Order) 30, series of 1998, respectively."
It was sent to Transportation Undersecretary Mao R. Aplasca, the then administrator of the Office of Transportation Security, in response to the query of former Transportation Undersecretary Raul del Rosario.
The OTS is previously known as the National Committee on Anti-Hijacking.
The legal opinion was sought by the Department of Transportation to determine if LIPAD should be collecting the ASF as stated under EO No. 30 and the Letters of Instruction 414 and 414-A, series of 1976.
Remulla said,"A review of LOI Nos. 414 and 414-A as well as other related issuances, readily shows that so long as airports, regardless of whether under the supervision of Civil Aviation Authority of the Philippines' or not, are collecting ASF, they are mandated to remit the same to the BTr."
Under LOIs 414 and 414-A, series of 1976, Remulla explained "the purpose for the collection of ASF is to subsidize the National Committee on Anti-Hijacking, a committee created by virtue of LOI 399, which was signed two months prior to LOIs 414 and 414-A."
Plans formulation
The DoJ chief said the OTS is "tasked with formulating plans for, coordinating, integrating, directing, controlling and supervising all measures aimed at preventing/suppressing any and all forms of hijacking; ensuring the safe and continuous operation of civil aviation; and handling all incidents of hijacking to include immediate and follow-up actions to be taken to the termination or resolution thereof."
The legal opinion stated that in short, it was created to be responsible for the security of the transportation systems in the country, including civil aviation.
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