DOJ tells Clark airport to remit collected security fees

CLARK FREEPORT, Philippines – The Department of Justice (DOJ), on October 10, called on the operators of the Clark International Airport (CRK) to collect and remit aviation security fees (ASF) to the national treasury.

The operations and management of CRK was officially turned over to Luzon International Premier Airport Development (LIPAD) Corporation on August 16, 2019.

The Department of Transportation (DOTr) has sought the legal opinion of the DOJ to raise the matter whether LIPAD wsa mandated to collect ASF amounting to P15 and P60 from every outbound domestic and international passenger respectively, and remit the collected fees to the Bureau of Treasury (BTr).

DOTr transportation security undersecretary Maria Aplasca sent a letter to the DOJ citing the collection and remittance of ASF is in accordance with the National Budget Circular 361 series of 1985, Executive Order no. 30 series of 1998, and Letters of Instruction (LOI) nos. 414 and 414-A series of 1976.

In a statement sent to Rappler via text message on Thursday, October 19, LIPAD said the provision of security equipment such as X-ray machines, and walk-through and handheld metal detectors which are being used at the CRK terminals bears the same objective of collecting ASF. 

LIPAD said it aids the function of the Office of the Civil Aviation Security (OCAS) and relieves additional burden to its air travelers.

“Since 2019, LIPAD has funded, provided and maintained various security equipment such as X-ray machines, walk-through metal detector, hand-held metal detector, and explosive trace detector used/currently being used by the OCAS, formerly Office of Transportation Security (OTS). These are mounted and are being used both at the old and new terminal buildings of the CRK,” the statement reads.

“In addition, just this March 2023, LIPAD also assumed the security screening of non-passengers at specific locations by providing security screeners from (a) private security agency accredited by the OCAS,” it added.

LIPAD noted that it supported the government’s efforts in improving and modernizing aviation security through executive and legislative issuances. 

Justice Secretary Jesus Crispin Remulla said he has reviewed the LOIs as well as other related issuances and explained that the purpose for the collection of ASF is to subsidize the National Action Committee on Anti-Hijacking (NACAH).

NACAH is a committee created by virtue of LOI No. 399 which was signed two months prior to LOI No. 414 and 414-A. 

“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 the Civil Aviation Authority of the Philippines (CAA) or nor, are collecting ASF, they are mandated to remit the same to the BTr.” 

The DOJ secretary pointed out that NACAH has been reconstituted as the OTS to “formulate plans for, coordinating, integrating, directing, controlling and supervising all measures aimed at preventing or 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 up to the termination or resolution thereof.”

“In short, it was created to be responsible for the security of the transportation systems of the country, including civil aviation. Considering the foregoing we are of the opinion that the CIAC/LIPAD must collect and remit the amount of P60 and P15 for every departing passenger pursuant to Section 1 and 2 of E.O No. 30, s. 1998, respectively,” the DOJ said.

In a May 2023 press release, CRK said it has registered a total of 189,183 passengers. It welcomed 73,336 domestic passengers and 115,847 international, an increase of 617% and 134% respectively. LIPAD attributed the increase to the growing demand for air travel and the addition of new routes at the airport.  – Rappler.com