GMA urged to shelve opening of Terminal 3

President Arroyo was urged yesterday to recall her decision allowing a "soft opening" of the controversy-plagued Ninoy Aquino International Airport (NAIA) Terminal 3 on Dec. 15 because of constitutional and legal issues that still need to be resolved.

Airport workers belonging to the Scrap the Piatco Deal Coalition (Scrap) said the President’s order is ill-advised as it will preempt the report of the Malacañang panel reviewing the Piatco (Philippine International Air Terminals Co.) contract and the three Senate committees that conducted an investigation into the deal.

Scrap stressed that the President’s move might also be viewed as a cover-up of alleged anomalies in the contract.

"We feel the President was ill-advised when she ordered the soft opening of Terminal 3 without waiting for the outcome of the reports and recommendations of the Malacañang panel and the Senate," Romy Sauler, Scrap spokesman, said.

He said while they are fully behind President Arroyo’s desire to boosts tourism, there are still constitutional and legal questions that need to be answered before the facility is finally opened to the public.

"What if the Malacañang panel and the Senate recommend a nullification of the Piatco contract? Likewise, do we expect the Malacañang panel to come up with a report contrary to the President’s wishes?" Sauler asked.

He said instead of pursuing the investigation, the President issued the order which could open the floodgates to more controversies. "How will the government now expect Piatco to cooperate in removing the onerous provisions in the contract when the company now knows that the President is on its side?" Sauler asked.

He added: "The issue on the validity of the contract should first be resolved with finality or the necessary amendments be made first. How can a contract be valid when it deviated from the normal legal course and grease money was involved?"

President Arroyo has herself declared that there are at least seven onerous provisions in the contract while Presidential Adviser on Strategic Projects Gloria Tan Climaco has identified 28 points that need revisions in the deal, which Sen. Sergio Osmeña III called "the worst contract ever."

"Why the rush to open Terminal 3 when NAIA 1 and 2 can more than accommodate the influx of international passengers? The construction of Terminal 3 is far from complete. Many facilities are not yet in place," Sauler said.

He also lamented the fact that Terminal 3 does not have a cargo terminal while construction of the access road from Terminal 3 to Terminal 2 has not even started.

"The roads leading out of Terminal 3 are far from being finished and there are still no lightings on the streets around the new airport. The piles of garbage in the area are not even being collected," he said.

The group said among the issues to be resolved are whether the Amended and Restated Concession Agreement (ARCA) is an authorized contract considering that it superseded the original concession agreement in violation of the BOT Law, and whether the three supplements to the ARCA are valid since they were not approved by the National Economic Development Authority-Investment Coordination Committee (NEDA-ICC).