By Genivi Factao

The Philippine Ports Authority said it will continue fighting it out in order not to pay some P11 billion to Batangas lot owners, and push through with their port modernization projects.

Benjamin Cecilio, PPA assistant general manager for operations said they are readying the filing of a motion for reconsideration on the Supreme court decision, ordering them to pay P7 billion plus P4 billion penalties to the 231 residents affected by the Batangas Port development project.

Associate Justice Angelina Sandoval-Gutierrez, affirmed the earlier rulings of the Court of Appeals and Batangas Regional Trial Court, which set the expropriation price of the subject lots at P5, 500 per sqm.

PPA insisted the value of the 1.3 million sqm (or 130 hectares) should be lower than P4,800 per sqm because they were agricultural lands.

Cecilio claimed the PPA has no money to pay, adding that if they will do so, all the port projects will be delayed.

PPA’s retained earnings were at P14.89 billion as of end 2006, based on the audited financial statements.

"For sure we will file a motion for reconsideration," he said adding that their legal department has been coordinating with the Office of the Solicitor General.

"Our bonuses will be gone and worse we may not continue other port projects," Cecilio said.

He claimed that they don’t have plans of getting loans for the Batangas Port, since this may be misinterpreted by the courts. The Supreme Court lifted the temporary restraining order it issued on August 7, 2006 enjoining the lower court from implementing its order compelling PPA to pay just compensation to the lot owners.

"The trial court is directed to implement its final and executory orders requiring the PPA to pay the respondents the amount of P5,500 per square meter with 12 percent annual interest from the date of expropriation on September 11, 2001 until fully paid," the SC said in its decision.

"It is understood that the zonal value per square meter of expropriated lots, classified as industrial, is increased from P400 to P4,250 per square meter. The initial deposit paid by petitioner to respondents shall be deducted from the total amount of just compensation payable to them," it added.

Cecilio said the ongoing bidding for the Batangas Port project will push through and hopes that the court decision will not affect their moves.

The eligible bidders International Container Terminals, Services Inc. (ICTSI) and Asian Terminals, Inc. (ATI) were given until September 7 to submit their documents and the opening of bids will follow.

PPA will choose among them based on the technical equipment, system and the highest variable fee offer.