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Wednesday, March 7, 2007

 

NAIA 3 fiasco will not affect commission

By Jonathan M. Hicap, Reporter

The postponement of the opening of the unused Ninoy Aquino International Airport Terminal 3 will not affect the work of the court-appointed commission tasked to assess the just compensation to be paid by the government to the consortium that built the facility.

Ernesto Paguyo, chief of staff of the commission, told The Manila Times that the commission’s work is different. “That’s a separate thing,” he said.

In 2005 the Branch 117 of the Pasay City Regional Trial Court appointed Dr. Florello Estuar, Sofronio Ursal and Angelo Panganiban as members of the commission.

Paguyo said the commission’s concern is to evaluate the actual value of the NAIA 3. Last year, the government paid the Philippine International Air Terminals Co. Inc. (Piatco) P3 billion as initial payment.

Paguyo said the government has yet to submit the NAIA 3 plans despite a request from the commission two months ago.

Paguyo said they have already short-listed the international appraisers that will help the commission in determining the value of the NAIA 3.

The Manila International Airport Authority announced on Monday that the scheduled opening of the NAIA 3 on March 31 has been postponed due to structural defects found by its consultants. No date has been set for the opening.

In a related development, the losing bidder in the NAIA 3 project said the Philippine government, in two arbitration cases abroad, could use the structural defects in its defense.

Fraport AG filed a $425-million investment claim against the Philippines before the Washington-based International Center for Settlement of Investment Disputes (ICSID) and Piatco is claiming $565 million before the Singapore-based International Chamber of Commerce.

Lawyer Eduardo Ceniza, counsel of Lucio Tan’s Asia’s Emerging Dragon Corp. (AEDC) said the Philippine legal panel earlier submitted the statement of aviation and construction expert Richard Klenk to the ICSID that indicated structural defects of the NAIA-3 were due to inferior materials used and poor workmanship.

The legal panel also submitted the statement of fraud examiner Howard Silverstone saying the construction of the defective terminal was attended by massive anomalies.

AEDC is asking the Supreme Court to award it the right to operate the NAIA 3.

   
 

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Severino O. Frayna Jr., Benjie Dela Rosa
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