There is actually a solution and it looks beneficial to all the parties the government, the public, and the shareholders and suppliers of Philippine International Air Terminals Co. (Piatco).
The only thing that stands in the way is greed, the very element that doomed what otherwise would have been a showcase project.
Terminal 3 of the Ninoy Aquino International Airport which is in the eye of the commercial-legal storm is almost completed. Why dont we focus first on opening the terminal, and go later after the crooks with everything weve got?
Once we solve this key problem, we can go to the collateral issues including the matter of who got paid what by whom. It will take years to send people to jail. Before that happens, if at all, we should get busy doing what is doable right now right here for the benefit of the country.
Fraport has spent $375 million, but is offering to get paid only $300 million. The balance from the $400 million will pay off the Chengs and other shareholders, creditors, suppliers, and contractors.
The German firm will lend us the $400 million on terms that not even the Philippine government can get abroad. In the first three and possibly five years, the government need not pay a single centavo.
During this grace period, the government is supposed to bid out the project and raise the money to pay Fraport. But even then, Fraport is willing to get paid over a 15-year period. In other words, nagpapagisa sa sariling taba ang Fraport just to get rid of their partners, the Chengs.
The $20 terminal fee would go down again to around P500; Clark, Subic and Sangley could be developed as airports or cargo terminals without the "hostage" provisions in the Piatco contract; areas around Terminal 3 could freely put up hotels and shopping malls (yes, they now are not allowed to compete with those that Piatco would put up at the NAIA).
The litany of onerous provisions goes on until you realize the contract boils down to being the best documented rape of this nation.
The only deal-breaker here is if the Chengs dont give way. If its press releases and the statements of some government officials and members of Congress are any indication, the Chengs do not want to let go. They want to renegotiate.
A problem is that talking terms with the same characters could mean politics and greed (they have become almost synonymous) getting in the way again.
Based on the performance on record of Secretary Gloria Tan Climaco, the bidding will be most transparent and clean. Unfortunately for her, for trying to clean up the house, she will, as she does now, get flak.
The President has been putting in place known doers and Climaco has been assigned the big strategic projects. Despite the bombardment she has been getting, Climaco appears bent on finding an equitable solution to the Piatco problem.
Even her own detractors concede she has a first-class mind and is a first-class worker. That is the reason why she rose to become the youngest and only lady chairperson of the giant SGV and consequently the No. 1 accountant-auditor of the country.
This is the reason why Piatcos claimed expenses cannot pass muster. You replace Climaco, Piatco will throw a party.
The glass you lean against is thinner than the original specifications and could shatter if hit by a blast of a jet engine. The lights could conk out at night as planes land because the switches were made, yes, by big companies, but not by the companies certified to be the best and most competent as originally specified.
Aside from safety, we cannot help shaking our head at the desecration of Nayong Pilipino. This was not part of the contract.
The original contract required Piatco to build a tunnel connecting the new terminal to the present cargo area. Without this access, airlines have no way to transport their cargo to the warehouses unless they are allowed to jaywalk across the runway an extremely dangerous operation.
Instead, Piatco had its contract changed. It dropped the tunnel, saved P800 million in the process, and proposed a surface road that incidentally needed almost nine hectares of Nayong Pilipino. Somebody in government agreed, uprooted the trees and readied everything, but until now, work has not begun.
Piatco has been saying it is ready for business by Nov. 26. But how can the airlines take their cargo to the warehouses?
We must land the big fish all right. But for now, let us focus on the solution and the opening of Terminal 3.
Northbound traffic flows efficiently enough on the well-paved ground-level three-lane road, even at peak hours, but vehicles start crowding and drivers have to claw their way through as they merge pell-mell into two lanes near the Bicutan exit.
Reason: The steel structure holding up the Skyways exit at that point poses a permanent obstruction eating up one lane from the ground-level section. Though not in the original plan, this temporary exit was built when the Skyways construction was prematurely terminated at that point.
The irony is that it is sometimes faster to travel on the ground than on the more expensive (by 177 percent) Skyway above it. The elevated road has too many stops.
First, southbound motorists going up the Skyway have to stop at the toll gate, sometimes having to contend with long lines at peak hours. Second, motorists waste more time at the bottleneck where three lanes merge into one near the terminal Bicutan exit. Third, motorists again line up to pay at the exit tolls beyond Bicutan.
Versus these three stops, drivers using the ground-level road only stop once at the exit where they pay toll together with those who had come down from the Skyway.