Philippine Clark International Airport Operator to Charge Passengers Air 'Security Fees"

The Department of Justice (DOJ) said the private company operating Clark International Airport should charge passengers an Air Security Charge (AVS) and remit the funds to the Treasury Department (BTr).

In a legal opinion on September 25, 2023, Justice Secretary Jesus Crispin C. Remulla said: "We believe that CIAC/LIPAD (Clark International Airport Company/Luzon International Advanced Airport Development Company) must collect and remit the following amounts: According to Article 30, Articles 1 and 2 of the EO (Executive Order), each departing international and domestic passenger is required to pay P60 and P15, respectively, for 1998."

The legal opinion was sent to Mao R. Aplasca, then deputy minister of transportation (DOTr) and head of the Office of Traffic Safety (OTS), in response to an inquiry from Raul L. Del Rosario, a former deputy minister of transportation. The OTS was formerly known as the National Anti-Hijacking Committee (NACAH).

DOTr sought legal advice to determine whether LIPAD should collect ASF as described in Executive Order No. 30 and 1976 Series Instruction (LOI) Nos. 414 and 414-A.

"A review of Letter of Intent Nos. 414 and 414-A and other related issuances readily indicates that as long as the airports, whether or not they are under the supervision of the Civil Aviation Authority of the Philippines (CAPP), are collecting ASF, they are required to remit the same amount to BTr," Remulla said.

According to the 1976 series of letters of intent Nos. 414 and 414-A, the Remulla explained that "the purpose of collecting ASF is to subsidize the National Anti-Hijacking Commission (NACAH), which was established under letter of intent No. 399, which was signed two (2) months before letter of intent Nos. 414 and 414-A."

According to Remura, the OTS "is tasked with planning, coordinating, integrating, directing, controlling and supervising all measures aimed at preventing/deterring any form of hijacking; ensuring the safe and continuous operation of civil aviation; and dealing with all hijacking incidents, including immediate and follow-up actions to terminate or resolve the incident."

"In short, it was set up to be responsible for the safety of the national transportation system, including civil aviation," he also said in the legal opinion.