‘Open air’ EO doesn’t disregard constitutional principle of reciprocity

THIS REFERS to the Inquirer’s March 26 editorial on the issue of reciprocity which may be a cause for worry to some local air carriers that feel they may be put at a disadvantage.  It does not mean that Executive Order 29 has completely disregarded reciprocity.  Sec. 3 of the executive order provides that the Civil Aeronautics Board (CAB) may allow foreign air carriers to increase the frequency and/or capacities of their flights subject to existing laws, rules and regulations.

The EO clearly recognizes the basic constitutional provision that the Philippine trade policy, as enunciated in Sec. 13, Article 12 of our Constitution, states: “The State shall pursue a trade policy that serves the general welfare and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity.”

This was the basis of my earlier statement on the issue (which the Inquirer quoted): “Whether it’s stipulated in the executive order or not, we will make sure that there is reciprocity in the agreements with other countries.”

Likewise, in the regulation of civil aviation, Republic Act 776 declares that it is a policy of the State to promote adequate, economical and efficient service by air carriers at reasonable charges, without unjust discrimination, undue preferences or advantages or unfair or destructive competitive practices, and to ensure competition between air carriers to the extent necessary to assure the sound development of an air transportation system properly adapted to the need of the foreign and domestic commerce of the Philippines, of the Postal Service, and of the National Defense (Sec. 4, par. (d) and (e) of RA 776).

It is the sworn duty of any public official to observe and uphold the Philippine Constitution and laws in the pursuit of their respective mandates. Hence, the local air carriers are rest assured that in the implementation of EO 29, the CAB will be fair and just, taking into account the above basic legal frameworks.

In the drafting of the implementing guidelines as required by the EO, the stakeholders will also be given the opportunity to air their positions on the issue.  Transportation Secretary Jose P. De Jesus has in fact instructed the CAB to prepare for the drafting of the guidelines, emphasizing the importance of the involvement of the stakeholders in the process.

—PORVENIR P. PORCIUNCULA,

deputy executive director,

Civil Aeronautics Board (CAB)