FEDEX must be Filipino Owned
By Edu Punay
22 July 2013
The Court of Appeals (CA) has effectively stopped the operations in the country of international forwarding firm Federal Express (FedEx).
The fourth division of the appellate court last week voided the permit granted in 2011 by the Civil Aeronautics Board (CAB) to Federal Express Pacific Inc.
The CA ruled with finality that FedEx’s operations in the country violate the constitutional ban on foreign ownership of firms delivering public utility services.
In a two-page resolution released last week, the CA denied the motion for reconsideration filed by FedEx.
Instead, it affirmed its decision last Jan. 23 which held that FedEx is a foreign corporation and could not engage in public utility services such as international airfreight forwarding.
The court reiterated that FedEx’s operations are detrimental to the interest of local competitors and of the Philippine economy as a whole.
“We hereby declare respondent Federal Express Pacific, Inc., a ‘foreign corporation,’ disqualified in our country from operating as an ‘international airfreight forwarder’ which is clearly a public utility,” read the ruling penned by Associate Justice Danton Bueser.
Associate Justices Amelita Tolentino and Ramon Garcia concurred in this decision.
With the new ruling, the May 2, 2011 resolution of the Civil Aeronautics Board (CAB) granting Federal Express Pacific Inc. a regular permit to operate international airfreight forwarding has been “null, void and of no further force and effect.”
As basis, the CA cited Article XII Section 11 of the Constitution, which provides that “operation of a public utility shall be granted to Filipino citizens or to corporations or associations organized under the laws of the Philippines.”
The CA was ruling on petitions filed by Merit Freight International Inc. and Ace Logistics Inc., questioning CAB’s decision to grant FedEx a regular permit to operate international airfreight forwarding.
In questioning CAB’s decision, Merit argued that international airfreight forwarding is a public utility reserved for qualified Filipino individuals and corporations as embodied in the 1987 Constitution.
Ace, for its part, said CAB erred in granting permit to operate to Federal Express Pacific Inc. despite the fact that it is a 100 percent foreign-owned and foreign-based corporation.
In granting the petitions, the CA also cited a previous resolution by the CAB dated June 1, 1990, directing Royal Cargo Corp., a company whose president then was a foreigner, to relinquish its top position to a Filipino national in accordance with Article XII Section 11 of the 1987 Constitution.
Royal Cargo questioned CAB’s resolution before the Court of Appeals, which ruled that the petitioner is covered by restrictions embodied in the 1987 Constitution.
The court also rejected Federal Express’ argument in its appeal that Merit has no legal standing to question its application for a regular permit and no personal stake in the outcome of the case.
The CA ruled that Merit, as a citizen, has the requisite locus standi – or the right to bring an action to be heard in court – to question the matter.
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| FEDEX has to comply the 40% Ownership to fly the Philippines |
The CA ruled with finality that FedEx’s operations in the country violate the constitutional ban on foreign ownership of firms delivering public utility services.
In a two-page resolution released last week, the CA denied the motion for reconsideration filed by FedEx.
Instead, it affirmed its decision last Jan. 23 which held that FedEx is a foreign corporation and could not engage in public utility services such as international airfreight forwarding.
The court reiterated that FedEx’s operations are detrimental to the interest of local competitors and of the Philippine economy as a whole.
“We hereby declare respondent Federal Express Pacific, Inc., a ‘foreign corporation,’ disqualified in our country from operating as an ‘international airfreight forwarder’ which is clearly a public utility,” read the ruling penned by Associate Justice Danton Bueser.
Associate Justices Amelita Tolentino and Ramon Garcia concurred in this decision.
With the new ruling, the May 2, 2011 resolution of the Civil Aeronautics Board (CAB) granting Federal Express Pacific Inc. a regular permit to operate international airfreight forwarding has been “null, void and of no further force and effect.”
As basis, the CA cited Article XII Section 11 of the Constitution, which provides that “operation of a public utility shall be granted to Filipino citizens or to corporations or associations organized under the laws of the Philippines.”
The CA was ruling on petitions filed by Merit Freight International Inc. and Ace Logistics Inc., questioning CAB’s decision to grant FedEx a regular permit to operate international airfreight forwarding.
In questioning CAB’s decision, Merit argued that international airfreight forwarding is a public utility reserved for qualified Filipino individuals and corporations as embodied in the 1987 Constitution.
Ace, for its part, said CAB erred in granting permit to operate to Federal Express Pacific Inc. despite the fact that it is a 100 percent foreign-owned and foreign-based corporation.
In granting the petitions, the CA also cited a previous resolution by the CAB dated June 1, 1990, directing Royal Cargo Corp., a company whose president then was a foreigner, to relinquish its top position to a Filipino national in accordance with Article XII Section 11 of the 1987 Constitution.
Royal Cargo questioned CAB’s resolution before the Court of Appeals, which ruled that the petitioner is covered by restrictions embodied in the 1987 Constitution.
The court also rejected Federal Express’ argument in its appeal that Merit has no legal standing to question its application for a regular permit and no personal stake in the outcome of the case.
The CA ruled that Merit, as a citizen, has the requisite locus standi – or the right to bring an action to be heard in court – to question the matter.
Can't wait for Merit and Ace to start flying their own MD-11 and A310 freighters. They WERE ready to pick up the slack left behind by FedEx, right?
ReplyDeletePolitical vengeance? Subic used to be the Hub of Fedex for their Asia-Pacific operations before they moved to Guangzhou, China.
ReplyDeleteThe article simply stated that FEDEX cannot operate mail and parcel services in the Philippines without complying the 60-40 rule on ownership. Currently FEDEX Philippines is 100% owned by a US-based Company.
ReplyDeleteDelivery of packages is a utility??? What a joke. Anywhere in the whole world a utility would be water and electicity. Philippine government need to move into the 21 century. Welcome again to Philippine corruption.
ReplyDeleteThis will give airfreight forwarders in the Philippines a greater chance to prove themselves to the people.
ReplyDeleteFor FedEx, time is of the paramount importance. Their airplanes are flying to different routes and destinations making sure that the diamond ring reaches the finger of the one you love most. FedEx never falters because that is what they are--they live to deliver. how late does FedEx deliver on Saturday
ReplyDelete