NAIA composite image from Inquirer file photos

MANILA, Philippines—As parking problems continue to plague the rehabilitation of Ninoy Aquino International Airport (NAIA), a public policy think tank is calling on the government to address another crucial issue: bottlenecks in the airport’s cargo handling operations.

Think tank Infrawatch PH urged authorities to take decisive action on the ongoing legal disputes that have crippled Naia’s cargo services, warning that delays in resolving the issue could negatively impact both businesses and the public.

“[The] government, through Transportation Secretary Jaime Bautista, MIAA [Manila International Airport Authority], and its new private sector partner, should exhibit resolute leadership over this impasse and forcibly open the cargo gates on the basis of serving the very real public interest of ensuring the efficient flow of cargo from the warehouses to the airport,” Infrawatch PH convenor Atty. Terry Ridon told INQUIRER.net.

MIAA said it has long acknowledged the urgent need to improve cargo handling at Naia, particularly addressing the lack of direct ramp access for certain Customs Bonded Warehouses (CBWs). This deficiency contributed to delays, higher costs, and increased risks of cargo mismanagement.

Additionally, it worsened congestion and mishandling issues, especially for warehouses with direct ramp access, as their cargo volumes continued to rise. Stakeholders expressed concerns that ongoing overcapacity and delays may drive airlines and customers to seek alternative locations or airports, potentially diverting business away from Naia.

In response, MIAA approved the construction of a new cargo gate with ramp access in December 2023 to alleviate congestion and improve the handling of time-sensitive goods. However, legal hurdles are currently delaying its implementation.

GRAPHIC: Ed Lustan / INQUIRER.net

MIAA, in its December decision, said the new gate was “aimed at the public purpose of upgrading and providing safe, efficient, and reliable airport facilities for international and domestic travel.”

The agency emphasized that the new gate with ramp access would improve operations for cargo handlers and airport management and ultimately benefit the general public by enhancing overall airport efficiency and reducing delays.

However, in June 2024, a Parañaque court issued a Temporary Restraining Order (TRO) after a lawsuit filed by a third-party group, Kapisanan ng mga Nagtitiis na Mananakay, alleged the new gate would lead to the “illegal alienation… of public property.”

READ: Cargo operations challenges emerge amid Naia rehab

The plaintiffs contended that the new cargo gate would provide preferential access to select cargo companies, potentially disadvantaging smaller operators and negatively impacting the general public. In support of their case, they filed a P2-million bond to substantiate their legal challenge.

Legal challenges continued with a writ of preliminary injunction in July 2024, halting construction of the crucial ramp access. MIAA argued that the plaintiffs lacked standing as they would not be harmed by more efficient airport operations. They also noted that the project involved only the opening of a new gate for improved cargo service, not the sale of public property.

This isn’t the first time legal complaints have obstructed efforts to enhance airport cargo service.

In 2020, another major ground handler with ramp access between its warehouse and the aircraft area was also blocked by a TRO and injunction after a resident, lacking legal title, claimed ownership of the land where a long-operating warehouse was situated. The court ultimately upheld this claim, further complicating cargo operations.

Ridon explained that while legal disputes are ongoing, the Department of Transportation (DoTr) is not directly involved in the court cases that led to the gate closures, adding that the government is free to take decisive action to reopen the gates and restore efficient cargo operations.

He also suggested that MIAA should explore and exhaust all available judicial remedies, including filing administrative charges against the judges who issued the injunctions.

“If it feels that the orders are absolutely and patently baseless, particularly when an injunction was granted without even the showing of an ownership title or even a mere vested right over the disputed areas.”

The think tank convenor also urged President Ferdinand Marcos Jr. to personally intervene.

“More importantly, as the matter involves the continuing delayed transit of valuable cargo, particularly export products from high-value sectors, no less than President Ferdinand Marcos Jr should intervene on the matter, order the opening of the Naia cargo gates, and allow the most efficient flow of goods from warehouse to airport,” Ridon stressed.

READ: BIZ BUZZ: Who doesn’t want a new and improved Naia?

GRAPHIC: Ed Lustan / INQUIRER.net

Although President Ferdinand Marcos Jr. has not yet publicly addressed the issue, he has recently pledged to enhance the country’s airports, highlighting the ongoing P170.6 billion Naia modernization and privatization as a key big-ticket project under his administration.

However, if the cargo issues continue to go unresolved, Ridon believes that the Naia upgrade will be unattainable.

“To be clear, the full redevelopment of Naia will not be achieved if its cargo services will continue to be found wanting. The first step to resolve this is to undo the injustice to government by reopening the the two Naia cargo gates with direct warehouse access,” he argued.

“A major pillar in airport operations is cargo services. We cannot have sparkly new terminals while backend cargo services grind to a halt as a result of unjust judicial action,” he continued.

Infrawatch PH believes Congress should likewise step in to address the ongoing deadlock by conducting oversight proceedings to determine whether MIAA has the right to open its own gates for direct warehouse access.

Ridon said if Congress finds that private parties have no legitimate basis for their pending court cases, the DOTr should promptly reopen the gates.

“With Congress’ current resolute leadership to unravel corruption and syndicates in various sectors, we are certain that it can also help the transportation department immediately find recourse on the matter,” he said.

Meanwhile, the think tank indicated that they are prepared to submit a petition to advocate for a resolution to the issue.

“As an advocacy group, we can petition Congress and Malacañang to look into resolving the impasse, in order to restore direct airside access to warehouses, irrespective of court proceedings,” Ridon shared.

MIAA previously highlighted that opening the cargo gates and providing direct ramp access for CBWs would benefit both businesses and the public.

Direct access would enhance transportation efficiency by reducing time and costs for time-sensitive shipments, streamline customs processes for quicker inspections and releases, and improve security by minimizing risks like theft or tampering during transfers.

Additionally, shorter transport distances would lower fuel costs and handling fees, making cargo management more convenient for airlines and freight forwarders.

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