Court seeks NAIA-3 expropriation papers

The Pasay City Regional Trial Court (RTC) has ordered the Philippine International Air Terminals Company Inc. to explain why it failed to submit important documents needed to determine how much just compensation Piatco should get for the expropriation of the Ninoy Aquino International Airport (NAIA) Terminal 3.

In a one-page order, Judge Jesus Mupas directed Piatco to file its comment after it was not able to produce documents requested by the NAIA-3 Commission.

Through its chairman, Fiorello Estuar, the commission wrote Pasay RTC-Branch 117 that it is in need of files necessary for it to accomplish its tasks, including determining the just compensation for Piatco.

Mupas then directed both the government and Piatco to submit documents needed by the commission.

The government has partially complied with the court’s directive after it submitted "contract between the government and Piatco including all attachments, any variation to the contract, claims and... counter claims as well as notices of deviation and non-compliance."

The court, however, is still awaiting for the government to hand over to them "tender documents" such as "invitation to bid, design brief for the NAIA terminal and other transaction documents."

On the other hand, the court has yet to hear from Piatco, which it ordered to submit "EPC contracts with full set of as-built drawings, bill of quantities, inventory of equipments delivered and/or installed and any claims and /or counter-claims."

Meanwhile, the commission said it is now set to submit a list of appraisers who help assess the value of NAIA-3.

Estuar said Mupas will make the final decision on the appointment of appraisers, who will be required to submit a report within 60 days from the date they were appointed.

"The selection of appraisers is a critical step in finally resolving the issue of ‘just compensation.’ Both Piatco and the government were asked to submit a list of their suggested appraisers," Estuar said.

The Pasay RTC released the "writ of possession" after the government paid Piatco P3 billion in September 2006, effectively setting the stage for full government control of NAIA-3.

However, the amount was only the initial proferred value and full compensation would still have to be made. The government took over NAIA-3 in late December 2004 shortly after the Supreme Court nullified its build-operate-transfer contract with Piatco.