Court of Appeals junks anew Piatco employees' bid

MANILA, Philippines - The Court of Appeals has again junked a motion of employees of the Philippine International Air Terminals Co. (Piatco) to intervene in the case involving the government’s expropriation of the Ninoy Aquino International Airport Terminal 3 (NAIA-3).

In a three-page resolution, the special former 15th Division of the appellate court has upheld its decision issued on Sept. 17 last year that affirmed the ruling of the Pasay City Regional Trial Court that dismissed the Piatco employees’ claims over the P3-billion compensation that was awarded to the company that constructed the NAIA-3.

The CA, through Associate Justice Monina Arevalo-Zenarosa, junked their motion for reconsideration after the petitioners failed to raise new issues.

“Anent the motion for reconsideration, a perusal thereof reveals that the arguments advanced to support said motion by herein petitioners have already been considered and passed upon by this Court in the assailed decision,” the Court ruled. Concurring in the resolution were Associate Justices Marlene Gonzales-Sison and Sixto Marella Jr.

In its earlier decision, the CA favored the arguments of the Office of the Solicitor General (OSG) that alleged legal interests of petitioners Piatco employees in the expropriation case cannot be considered “actual, substantial, material, direct or immediate” because they do not own or claim to own the property being condemned in the expropriation proceedings.

The appellate court said that the claims of the Piatco employees should be resolved through arbitrators or the National Labor Relations Commission – not in expropriation proceedings.

It stressed that in conformity with the Supreme Court’s decision in Agan vs. Piatco, the government resorted to expropriation as a means to compensate Piatco for the cost it had incurred in building and maintaining the NAIA-3 and in order for it to be vested ownership and possession, subject to the payment of P3-billion compensation.

Court records showed that on Dec. 21, 2004, the government filed with the Pasay court a complaint for expropriation of the NAIA-3 against Piatco, which was eventually raffled to the sala of Judge Henrick Gingoyon.

Piatco employees led by Gina Alnas filed a motion for intervention and to admit answer in intervention in the expropriation case on Jan. 13, 2005, contending that they should be allowed to intervene on the basis of their being Filipino citizens and taxpayers.

They pointed out that as employees of Piatco, they “toiled with the necessary expectancy of being properly compensated for their efforts,” and that a portion of Piatco’s revenue out of the project has been committed to pay for their salaries and benefits.

The Pasay court denied the motion of the Piatco employees.