"In the exercise of police power as provided in the Constitution, the government should take over the facility without delay and either operate it soonest or bid it out to another private group," former SEC Chairman Perfecto Yasay, chairman of the MIA-NAIA Association of Service Operators (MASO), said.
However, in taking over and operating the new international airport, the government must fully compensate Piatco for the construction of NAIA 3 pursuant to Section 18, Article XII of the Constitution.
He said once the facility is in government hands, it should compel Piatco to open its books to determine the funds that were channeled into the building of the airport.
The problem, Yasay said, is that Piatco refuses to open its books. "We have to force Piatco to reveal its financial records because of reports that some of its expenses were questionable," he said.
"Once the government is able to determine the facility’s actual costs, it could now bid out the facility to a private group, which, in turn, will pay Piatco the value of the airport," Yasay said.
"That’s what I mean when I said government, in the exercise of police, can take over the facility but in the interplay of the provision of imminent domain it also pays just compensation to Piatco. The government must always act justly and fairly. It cannot take private property without just compensation," he stressed.
However, he said, if it should be determined that Piatco was not a builder of good faith, then the government does not have to pay the consortium. "In fact, it should be Piatco which should be paying the government because of the trouble that it has caused the country."
To determine whether Piatco was a builder of good faith, the government should file graft and corruption cases against Piatco executives, and government officials who were involved in the controversial deal.
"If the court finds beyond reasonable doubt that these people are guilty, then that will be a basis in making a determination that Piatco, together with its cohorts and co-conspirators in government, acted in bad faith," Yasay said.
He said the takeover is justified considering that the facility is of vital importance to the country. "Kung wala tayong world-class na passenger terminal mahihirapan ang ating bansa na makipag-compete sa ibang bansa gaya ng Malaysia, Singapore and Hong Kong."
"There is an urgency to operate the facility. National interest justifies takeover by the government," Yasay said.
He said pending the outcome of a new bidding, the government should immediately operate Terminal 3 for the sake of the people, particularly the travelers.