Friday, July 18, 2008 SC stops appraisal of Naia Terminal 3
THE Supreme Court (SC) has issued a temporary restraining order (TRO) enjoining the Pasay Regional Trial Court (RTC) from enforcing an order appointing an appraiser to assess the actual value of the mothballed Ninoy Aquino International Airport (Naia) Terminal 3.
In a resolution, the SC Second Division has indefinitely restrained Judge Jesus Mupas of Pasay RTC Branch 117 from implementing his assailed orders directing the respondent, government, to submit a certificate of availability of funds to cover the appraisal fee of DG Jones and Partners.
DG Jones and Partners is an international appraising firm asked to appraise Naia-3.
"Now, therefore, effective immediately and continuing until further notice from the Court, you, the RTC and the respondents, your agents, representatives and anyone acting on your behalf, are hereby restrained from implementing the Order of the trial court," the SC ruled through Associate Justice Leonardo Quisumbing, chairman of the Second Division.
The trial court is hearing civil case for expropriation filed by the government through Executive Secretary Eduardo Ermita against the Philippine International Air Terminal Company, Incorporated (Piatco), which built the terminal, as well as subcontractors Takenaka Corporation and Asahikosan Corporation, as intervenors.
DG Jones, which has been selected by the trial court last May among other bidders as appraiser for the airport facility, has been asking for a cover charge of US$1.9 million.
Its selection has been questioned by the Office of the Solicitor General.
The trial court's resolution paved the way for the evaluation and assessment of the Naia-3 complex, which will be the basis for computing the just compensation that will be paid to Piatco.
The high court earlier declared void ab initio the government's contract with Piatco for a number of irregularities attending its approval.
Since then, Piatco has been asking the government to be recompensed for the amount it shelled out for the construction of the facility. (ECV/Sunnex)
