ASIA’S Emerging Dragon Corp. (AEDC) has asked
the Supreme Court to order the government, represented by
Department of Transportation and Communications (DOTC) and
Manila International Airport Authority, to recognize its right
to run the Ninoy Aquino International Airport Terminal 3 as the
project’s original and unchallenged proponent.
The AEDC asked the High Court to direct DOTC
Secretary Leandro Mendoza to issue a notice of award of the
NAIA-3 project, secure clearance from the National Economic
Development Authority-Investment Coordinating Council and sign
the concession agreement with it.
AEDC pleaded its position with the High Court
in a reply to the consolidated memorandum submitted by the
Office of the Solicitor General for the DOTC and MIAA.
Parties, including Rep. Baterina, an
intervenor in the case represented by Jose Bernas, submitted
their memorandum on orders of the SC following an oral argument
late last year on AEDC’s petition for the issuance of the writ
of mandamus and on the legality of the expropriation proceedings
covering the terminal.
Eduardo Ceniza, AEDC’s legal counsel, also
asked the High Court to order an evaluation and inspection of
the NAIA-3 structure to determine the unfinished work and
repairs to be done to complete the project.
Ceniza said the government used as defense in
the $425 million suit filed by Fraport AG, the German partner of
Piatco (Philippine International Air Terminals Corp.), against
the Philippines before the International Center for Investment
Disputes (ICSID) the sorry state of the terminal as a result of
the anomalous implementation of the project.
Ceniza also stressed the importance of an SC
order barring the government from negotiating, re-bidding,
awarding or entering into contracts with Piatco and other third
parties for the construction and operation of the terminal in
question.
Ceniza also said DOTC’s acceptance of
Piatco’s matched offer as against the unchallenged proposal of
AEDC was invalid for being discriminatory because the agency
exhibited obvious bias in favor of the consortium which won the
award but which was later nullified by the High Court.
Ceniza said the award of the concession to the AEDC would
relieve the government of financial burden because it will
assume the cost of completing the unfinished portions,
renovation and repair of defective parts which would still
require some $100 million and the compensation of Piatco for the
construction of the terminal estimated at $275 million.
