Piatco: No, NAIA-3 case isn't over
MANILA, Philippines - The builder of the Ninoy Aquino International Airport (NAIA) Terminal 3 said on Friday its legal battle with the government over just compensation for the expropriation of the airport is not yet over as the case is pending before the Court of Appeals.
Philippine International Air Terminals Co. (Piatco) said it has not lost hope that it will win the dispute over NAIA-3.
"We have given our fair valuation supported with proof but government refuses to recognize Piatco's claim on this and the expropriation court opts to lean toward government position," the company's legal counsel, Moises Tolentino Jr., said in a text message to ABS-CBN News.
"Our last hope now lies in appeal to higher court," he added.
Tolentino issued the statement to clarify reports, which quoted Manila International Airport Authority general manager Jose Angel Honrado as saying that the NAIA-3 case was over following a "final and executory" decision from the Singapore High Court favoring the Philippine government last year.
Piatco sued the government before the International Chamber of Commerce (ICC) in Singapore where it sought to recover at least $565 million in damages. It said the government "has been using NAIA-3 without giving the company the income therefrom."
But the ICC, in a July 2010 decision, ruled that Piatco, and its German investor Fraport AG, violated the Philippine Anti-Dummy Law, which requires that operation, management, control of public utilities such as airports should remain with Filipinos. In the same decision, the ICC ordered Piatco to pay the Philippine government over $6 million in costs of proceedings. The Singapore High Court upheld the ICC's decision late 2011.
Tolentino said the battle now continues at the Court of Appeals where it is seeking to overturn a Pasay City regional trial court decision awarding Piatco only $175.8 million as just compensation, way below its claim of $846 million.
The government and Piatco have been fighting over the ownership and operation of NAIA-3 for several years now. In May 2003, the government won a Supreme Court decision declaring Piatco's NAIA-3 contract null and void because of several irregularities.
NAIA-3 was mothballed for six years since 2002. It was opened in July 2008, and is currently operating at only half capacity.
The Aquino administration has said it wanted the dispute resolved early in its term to cope with growing passenger traffic and ease investor concerns about the business climate in the Philippines.