SC affirms CA ruling vs PIATCO

Posted at 07/13/2012 11:51 AM | Updated as of 07/13/2012 6:41 PM

MANILA (UPDATED) - The Supreme Court (SC) affirmed the Court of Appeals (CA) ruling that junked the plea of NAIA 3 builder Philippine International Air Terminal Co., Inc. (Piatco) for a dismissal of the case filed by its two Japanese contractors before a Makati trial court.

In a decision by the Third Division penned by Associate Justice Diosdado Peralta dated July 4, the high court ruled that the appellate court did not commit grave abuse of discretion in denying the motion to dismiss.

On March 1, 2006, Takenaka Corporation and Asahikosan Corporation filed a complaint before the Makati Regional Trial Court (RTC) Branch 58 for the enforcement of two favorable judgments they obtained against Piatco from the High Court of Justice, Queen’s Bench Division, Technology and Construction Court in London, England in 2005.

"[T]here is no showing of such capricious or whimsical exercise of judgment or arbitrary and despotic exercise of power committed by the trial court. In fact, records reveal that both parties were given ample opportunity to be heard," the high court said.

The case before the trial court proceeded and was completed.  The trial court ruled that Takenaka Corporation and Asahikosan Corporation of Japan are entitled to collect $81.27 million, P116.8 million and £65,000 (or roughly $83 million) from Piatco pursuant to the two judgments they obtained from the London Court. The appellate court affirmed the trial court in a recent ruling.