The Supreme Court (SC) has moved from Oct. 10 to Oct. 24 the oral argument on the petition of Asia’s Emerging Dragons Corp. (AEDC) to take over the development and operation of NAIA-3.
The specter of another long-drawn legal confrontation emerged as President Arroyo expressed her wish for NAIA-3 to open no later than March 2007.
The SC reset the hearing upon the request of Solicitor General Antonio Eduardo Nachura. It will be held at the session hall of the New Supreme Court building.
In its petition, AEDC said it is the "unchallenged original proponent" of the Terminal III project in view of an SC decision dated May 5, 2003, declaring the government’s contract with Philippine International Air Terminals Co. Inc. (Piatco) as null and void.
AEDC added that its taking over the contract is in accordance with the country’s Build, Operate, Transfer (BOT) law.
AEDC said a provision in the BOT law, specifically Section 4, allows it to automatically assume the contract in the absence of any comparative or competitive proposal. "Or in the event a lower price proposal is offered, the original proponent is given the right to match it," AEDC said.
AEDC earlier questioned before SC the government’s move to expropriate NAIA-3 from Piatco. The Pasay City regional trial court deliberated on the expropriation proceedings.
As the "unchallenged original proponent" of the NAIA-3 project, AEDC said it has a substantial and material right and interest over the property.
"Piatco is only entitled to reimbursement of the actual cost for the construction of NAIA terminal 3 being a mere builder," AEDC said.
After months of legal battle, Piatco agreed to turn over NAIA-3 to government in mid-September after being paid P3 billion in initial compensation.
The government was poised to pay P3 billion to Piatco late August but was stopped by a temporary restraining order from the Court of Appeals. It was Ilocos Sur Rep. Salacnib Baterina who had petitioned the CA to issue the TRO. Baterina had also questioned the expropriation proceedings for NAIA-3 filed with the Pasay City court. — Sandy Araneta