*Piatco says Philippines gov't not keen on paying it for NAIA-3*

Friday, January 28, 2005

Piatco says gov't not keen on paying it for NAIA-3
Philippines - BusinessWorld


Philippine Air Terminals Co., Inc. (Piatco) yesterday claimed that the
government wanted to take over Ninoy Aquino International Airport Terminal 3
(NAIA-3) without paying the company a single centavo.

In a 29-page comment filed before the Supreme Court, Piatco said the reason
the government does not want to follow Republic Act 8974 or "An Act to
Facilitate the Acquisition of Right-of-Way, Site or Location for National
Government Infrastructure and for other Purposes," was because it would like
to assume ownership of the airport without paying Piatco.

Under RA 8974, the government must immediately pay property owners the
entire assessed value of the property before a writ of possession can be
issued to the government.

Piatco said Pasay Regional Trial Court Judge Henrick F. Gingoyon did not
abuse his discretion when he acted on his own and ordered the release of
over $62 million representing initial compensation for the expropriation of
the NAIA-3.

"The Solicitor General does not want respondent judge because he appears to
be independent-minded, he cannot be dictated upon or influenced by the
Solicitor General," Piatco said.

Piatco said even the Supreme Court provided that the government must pay the
company "fair and just compensation" for the terminal as a prerequisite for
any takeover.

The company also belied the claim of Solicitor-General Alfredo L. Benipayo
that they could not assess the just compensation because they have not
inspected the property thoroughly.

Piatco said Mr. Benipayo, together with other government officials,
conducted an ocular inspection on the site. Piatco said after the
inspection, Mr. Benipayo even commented that the problem with the terminal
was that it was so big and that it would be difficult to walk through its
entire stretch.

Also, Piatco said it was strange for Mr. Benipayo to question whether the
terminal was worth anything because "if it is not worth anything why did
petitioners [government] have to file a complaint for expropriation?"

"Why did MIAA [Manila International Airport Authority] certify that [NAIA-3]
was worth at least P3 billion?" Piatco asked.

Piatco said the October 2004 incident when government officials were denied
entry to the premises was a ploy to put respondents in a bad light because
the government was not able to secure proper clearance for the inspection.


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