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PHILIPPINE International Air Terminals Co. (Piatco),
builder of the Ninoy Aquino International Airport
Terminal 3 (Naia 3), has reportedly sent “feelers” to
the government for possible discussions on a compromise
deal on the facility.
This
was revealed Monday by former presidential chief of
staff Michael Defensor, now head of a task force
especially created by President Arroyo to ensure the
immediate opening and operation of Naia 3.
Defensor told reporters at the dry run of Naia 3, which
was held in time for the arrival of President Arroyo
from the United States, that any out-of-court settlement
on Naia 3 “has to be transparent and financially and
legally viable.”
“There are feelers for me to speak with Piatco. I don’t
know if these are official feelers or not, though, but I
have no problems with a compromise,” Defensor said.
As
head of Task Force Terminal 3, Defensor is mandated to
“formulate and adopt the necessary and most appropriate
course of action to ensure that Naia 3 is opened and
operated immediately, based on the decisions of the
Supreme Court and applicable laws.”
He
said what remains to be done is the “validation” of the
“just compensation” due Piatco.
“If
you could have a mutually acceptable, competent third
party, then they can already compute all of this. I
don’t think that’s even a question in mind, because
anyway the Supreme Court has said that we have to pay
[just compensation]. So to be transparent about it and
to make sure that everyone is treated fairly, then we
can do that. And I don’t think that’s something that we
have to debate and fight about,” Defensor said.
Alfonso Cusi, Manila International Airport Authority (Miaa)
general manager, said the government has already paid
Piatco the proferred amount of P3 billion earlier
ordered by the Supreme Court.
In
December 2005, the Court ordered the government to pay
Piatco just compensation as a precondition for the
takeover of the terminal, initially setting the
proferred amount at P3 billion.
Cusi
said the government is prepared to pay Piatco once the
amount is resolved, through arrangements with a
“consortium of different banks,” including the Land Bank
of the Philippines and the Development Bank of the
Philippines.
“[While] we are waiting for that decision, we cannot
wait to keep this terminal idle,” Cusi said.
Defensor said that while the government plans to begin
Naia 3 operations in the next few weeks for domestic
flights and between six to nine months for international
flights, it will be “very careful legally” in operating
the facility to ensure that it is not in violation of
the Supreme Court ruling.
“We
have to go by that [six- to nine-month] timeline because
if not, they may get too relaxed. This is why we really
have to push everyone, including those from Miaa, the
legal experts . . . [those of us] trying to set up here
at the airport. This has taken too long . . . It’s
about time that we do it,” he said.
Cusi
said that the ruling is “vague” on the issue of “acts of
ownership and possession,” as they were not defined.
“It’s a complicated legal situation but the bottom line
is, there should not be acts of ownership. [But it]
doesn’t mean you can’t have it,” he said.
Asked
what is defined by “acts of ownership,” which the
government is trying to avoid, Defensor said that since
it is not defined in the ruling, “I would rather be on
the safe side—meaning, we’re not going to act as owner
saying this is a contract for this or a contract for
that.” |
