A Pasay-based non-governmental organization (NGO) said that the contract forged between the government and contractor Philippine International Air Terminal Co. (PIATCO) for the construction of the Ninoy Aquino International Airport (NAIA) Terminal III grants PIATCO immunity from lawsuits.
Rogelio Estrella, president of the Bangon Pasay Movement, complained that the same contract, on the other hand, strips the government of a similar privilege.
Estrella noted this immunity is provided for in some provisions of the contract and reiterated that the deal was "lopsided" in favor of PIATCO.
According to him, Section 12.09 states that "concessionaire hereby warrants that it has not given or promised any consideration to any official of GRP (Government of the Republic of the Philippines) in order to obtain this agreement and that the execution of this agreement shall not result directly or indirectly in a violation of the Anti-Graft and Corrupt Practices Act."
Estrella added, Section 10.03 deprives the government of similar immunity. Section 10.03 stipulates that "GRP represents and warrants that transactions contemplated in this agreement are commercial rather than public or governmental acts and that GRP is not entitled to claim immunity from legal proceedings with respect to itself or any of its assets on the grounds of sovereignty or otherwise, under any law or in any jurisdiction where an action may be brought for the enforcement of any of the obligations arising under or relating to this agreement."
But these allegations were brushed aside by an official of the Manila International Airport Authority who refused to be identified.
The official said that Estrella gave an "inaccurate interpretation" of the provisions of the contract. "These two sections did not in any way imply this conclusion. Section 12.09 simply binds PIATCO to the commitment or pledges that it has not bribed or corrupted any government in the contract's negotiation and execution," the source added.
The official said that Section 10.03 only allows the government to be sued only if it is found to have violated any of the provisions.
"This provision is clearly supported by established legal principles as well as decisions of the Supreme Court. The contract involves a propriety function rather than a purely governmental one," the source maintained.
The official revealed that "either party can sue or be used by the other party in connection with their responsibilities under the contract."
Estrella has filed graft charges against Transportation Secretary Vicente Rivera Jr.; former Bases Conversion and Development Authority chairman Vicente Basco; former Manila International Airport Authority general manager Francisco Atayde and presidential friend and PIATCO chairman Henry Go, arising the PIATCO contract.