Lawyer Jose Bernas of the Bernas Law Office claimed that Paircargo and Fraport, the two companies that make up the Piatco consortium which built Terminal 3, had violated Article 186 of the Revised Penal Code which prohibits the setting up of monopolies and trade restraints.
Bernas said that the shareholders agreement between the Chengs’ Paircargo and Fraport forming the Piatco consortium was the evidence of the attempt to set up the monopoly of airport services at the still unfinished terminal.
Three specific provisions in the agreement that manifested the setting up of the monopolies was one that designated Pags (a Paircargo company) and its affiliates as the sole entities allowed to engage in the provision of ground handling, catering, and fuelling services within the Terminal 3 complex, another provision designated Paircargo and its appointed affiliates to be the only entities authorized to construct and operate a warehouse for aircargo handling and related services within the terminal; and another that designates the Security Bank Corp. and Equitable PCI Bank to be the only banks allowed to engage in banking and related services in the terminal during the concession period of the consortium.
Bernas said that Article 186 of the Revised Penal Code says the penalty of prision correccional in its minimum period or a fine ranging from P260,000 or both, shall be imposed on "any person who shall enter into any contract or agreement or shall take part in any conspiracy or combination in the form of trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market."
To be named as respondents in his complaint, Bernas said, are Berndt Struck and Dr. Wilhelm Bender of Fraport and Cheng Yong and his son Jeffrey Cheng of Paircargo/Piatco.
Bernas, it will be recalled, was the lawyer of the six-congressmen, identified as Cebu Rep. Clavell Martinez, Cagayan de Oro Rep. Constantino Jaraula, Ilocos Sur Rep. Salacnib Baterina, Camarines Sur Rep. Cho Roco, Bayan Party List Rep. Etta Rosales, who all filed a suit before the Supreme Court asking for the nullification of the government’s contract with Piatco for the Terminal 3 construction.
Bernas had also urged the government not to treat Fraport as an innocent victim in their dealings with the German firm.