Owes the Philippine Government ₱7 Billion in Fees and Charges
27 September 2017
The Department of Transportation (DOTr) is taking legal action against Philippine Airlines (PAL) if the flag carrier fails to settle almost ₱7 billion in unpaid “navigational fees and other charges” in the next 10 days.
DOTr said that PAL owes the Civil Aviation Authority of the Philippines (CAAP) ₱6.594 billion as of December 2015. The flag carrier also has a separate overdue account of ₱370,583,588.96 for January - July 2017 alone.
Meanwhile, PAL also owes Manila International Airport Authority (MIAA) ₱322,112,385.00, as of 26 September 2017.
"Final demand for full payment of all unpaid charges has been sent to PAL, preparatory to the filing of appropriate legal action in order to protect the interest of government," the DOTr said in a statement.
DOTr said that aside from the collection suit PAL will not be permitted to use the facilities of Manila International Airport, its main hub. The airline will not be also permitted to fly for failure to pay air navigational fees and other charges.
"Pay up or prepare to be grounded" - Duterte
In a speech at the Philippine Constitution Association on Tuesday night, President Rodrigo Duterte has warned business tycoon Lucio Tan, chairman and chief executive officer of Philippine Airlines, to settle his liabilities with the government in 10 days or he would shut down Terminal 2 of the Ninoy Aquino International Airport (Naia).
Aeronautical Fees are supposed to be remitted to the General Fund in the National Treasury to be used for the maintenance and operation of other international and domestic airports in the country, in accordance with Section 3 of E.O.No. 298 dated July 26, 1987.
Duterte said the money could already have been used in the completion of much delayed airport projects in Tacloban and Bicol had PAL paid for their dues.
The President said he don't care if plenty of passengers would be inconvenienced in PAL's grounding.
“We have to enforce the law.if you are put into a great discomfort, sorry. Wala akong magawa. The law is the law. It is the law,” Duterte explains.
DOTr earlier told PAL to “settle your obligations in 30 days, otherwise, we will be constrained to do all that is necessary to protect the interests” of the state. It was amended later to 10 days by order of the President.
The transport department confirmed that PAL had negotiated to settle its growing unpaid fees in seven years but the request was denied telling the airline to pay the fees in full like any other airline would.
PAL said it has received demand letters from CAAP as early as August 2016 to settle unpaid navigational charges “in the amount of ₱6.63 billion” and that it was seeking a compromise settlement. It already settled ₱370 million out of these unpaid charges.
“This issue on alleged unpaid navigational charges involves complex legal issues which PAL has been trying to thresh out with the Authority for years,” PAL Spokesperson Cielo Villaluna said.
Villaluna said it already submitted an offer to the CAAP through its inter-agency panel of negotiators under CAAP Authority Order 149-17, but has not received a response just yet.
The airline is offering to pay the government ₱4 billion in seven years to finally settle the issue on unpaid navigational charges.
"We look forward to meeting the negotiating panel and we are ready to submit a Compromise Agreement to settle this issue once and for all," PAL added.
CAAP said it has unpaid accounts from PAL amounting to ₱6,965,146,149.63 as of July 30 2017. Of this amount only P3.6 billion of the P6.91 billion being demanded by CAAP is backed by invoices while the rest is unsubstantiated claims.
Why it Grew So Big?
DOTr disclosed that landing and parking fees has not been paid by PAL since its privatisation and occupation of the Ninoy Aquino International Airport (NAIA) Terminal 2 in 1998.
PAL is supposed to pay the government ₱803 million per year for the exclusive use of the terminal but wasn't paying because there was no lease contract executed between MIAA and the airline.
PAL was owned by the government until 1996 when it was fully privatised. The airline enjoyed tax privileges and fee exemptions prior to its privatisation in 1992 as a government owned airline. It went into bankruptcy and rehabilitation in 1999. It was allowed one year free-use of the terminal and free navigational fees by then President Joseph Estrada as government support for its rehabilitation efforts.
In 2002, the Department of Justice said Philippine Airlines is no longer exempt from payment of aeronautical fees to the Manila International Airport Authority (MIAA) and was sued for payment. In 2007, the Court of Appeals upheld a compromise deal between MIAA and PAL for the settlement of P2.93 billion in unpaid aeronautical fees to be paid in tranches for seven years. Until now this settlement deal has not been fully paid by PAL contrary to their earlier made commitments which got the ire of President Duterte.
The Transport Department also said that PAL wanted to use Terminal 3 all to themselves in 2005 prior to the move of Cebu Pacific and Air Philippines to use the terminal but the request was denied by MIAA because it had a pending ₱5.1- billion unpaid fees owed to the airport owner.
DOTr said that PAL owes the Civil Aviation Authority of the Philippines (CAAP) ₱6.594 billion as of December 2015. The flag carrier also has a separate overdue account of ₱370,583,588.96 for January - July 2017 alone.
Meanwhile, PAL also owes Manila International Airport Authority (MIAA) ₱322,112,385.00, as of 26 September 2017.
"Final demand for full payment of all unpaid charges has been sent to PAL, preparatory to the filing of appropriate legal action in order to protect the interest of government," the DOTr said in a statement.
DOTr said that aside from the collection suit PAL will not be permitted to use the facilities of Manila International Airport, its main hub. The airline will not be also permitted to fly for failure to pay air navigational fees and other charges.
"Pay up or prepare to be grounded" - Duterte
In a speech at the Philippine Constitution Association on Tuesday night, President Rodrigo Duterte has warned business tycoon Lucio Tan, chairman and chief executive officer of Philippine Airlines, to settle his liabilities with the government in 10 days or he would shut down Terminal 2 of the Ninoy Aquino International Airport (Naia).
Aeronautical Fees are supposed to be remitted to the General Fund in the National Treasury to be used for the maintenance and operation of other international and domestic airports in the country, in accordance with Section 3 of E.O.No. 298 dated July 26, 1987.
Duterte said the money could already have been used in the completion of much delayed airport projects in Tacloban and Bicol had PAL paid for their dues.
The President said he don't care if plenty of passengers would be inconvenienced in PAL's grounding.
“We have to enforce the law.if you are put into a great discomfort, sorry. Wala akong magawa. The law is the law. It is the law,” Duterte explains.
DOTr earlier told PAL to “settle your obligations in 30 days, otherwise, we will be constrained to do all that is necessary to protect the interests” of the state. It was amended later to 10 days by order of the President.
The transport department confirmed that PAL had negotiated to settle its growing unpaid fees in seven years but the request was denied telling the airline to pay the fees in full like any other airline would.
PAL said it has received demand letters from CAAP as early as August 2016 to settle unpaid navigational charges “in the amount of ₱6.63 billion” and that it was seeking a compromise settlement. It already settled ₱370 million out of these unpaid charges.
“This issue on alleged unpaid navigational charges involves complex legal issues which PAL has been trying to thresh out with the Authority for years,” PAL Spokesperson Cielo Villaluna said.
Villaluna said it already submitted an offer to the CAAP through its inter-agency panel of negotiators under CAAP Authority Order 149-17, but has not received a response just yet.
The airline is offering to pay the government ₱4 billion in seven years to finally settle the issue on unpaid navigational charges.
"We look forward to meeting the negotiating panel and we are ready to submit a Compromise Agreement to settle this issue once and for all," PAL added.
CAAP said it has unpaid accounts from PAL amounting to ₱6,965,146,149.63 as of July 30 2017. Of this amount only P3.6 billion of the P6.91 billion being demanded by CAAP is backed by invoices while the rest is unsubstantiated claims.
Why it Grew So Big?
DOTr disclosed that landing and parking fees has not been paid by PAL since its privatisation and occupation of the Ninoy Aquino International Airport (NAIA) Terminal 2 in 1998.
PAL is supposed to pay the government ₱803 million per year for the exclusive use of the terminal but wasn't paying because there was no lease contract executed between MIAA and the airline.
PAL was owned by the government until 1996 when it was fully privatised. The airline enjoyed tax privileges and fee exemptions prior to its privatisation in 1992 as a government owned airline. It went into bankruptcy and rehabilitation in 1999. It was allowed one year free-use of the terminal and free navigational fees by then President Joseph Estrada as government support for its rehabilitation efforts.
In 2002, the Department of Justice said Philippine Airlines is no longer exempt from payment of aeronautical fees to the Manila International Airport Authority (MIAA) and was sued for payment. In 2007, the Court of Appeals upheld a compromise deal between MIAA and PAL for the settlement of P2.93 billion in unpaid aeronautical fees to be paid in tranches for seven years. Until now this settlement deal has not been fully paid by PAL contrary to their earlier made commitments which got the ire of President Duterte.
The Transport Department also said that PAL wanted to use Terminal 3 all to themselves in 2005 prior to the move of Cebu Pacific and Air Philippines to use the terminal but the request was denied by MIAA because it had a pending ₱5.1- billion unpaid fees owed to the airport owner.