Takenaka Corp. and its subsidiary Asahikosan Corp., which built NAIA-3 for Piatco, told the SC that they would be prejudiced if the amount were released to Piatco.
Ancheta Tan, a lawyer the two companies, said "Asahikosan’s substantive rights clearly stand to be prejudiced, in that it may lose its right to recover its claim against Piatco" if the SC does not reconsider its decision.
Tan added that what Takenaka wanted was "to preserve whatever amount may be collected by Piatco on the facility."
Takenaka earlier asked the Pasay City RTC to hold in abeyance the release of funds to Piatco while they are still determining which parties are entitled to compensation.
In a Dec. 29 letter to the Department of Transportation and Communications (DOTC), Takenaka and Asahikosan made it clear that if they are not paid for the materials and services they rendered, they will not be able to finish the terminal and make NAIA-3 operable.
Last month, the government won the bid to operate NAIA-3 at a price of over P3 billion to be paid to Piatco.
Voting 11-4 as a whole, the SC lifted the temporary restraining order it had issued on the ruling of Pasay RTC Branch 117 Judge Henrick Gingoyon authorizing the release of payment to Piatco.
In a 63-page decision penned by Associate Justice Dante Tinga, the SC also ordered the Pasay court to determine within 60 days from the finality of the decision the amount of just compensation to be paid by the government to Piatco.
RA 8974 requires 100-percent payment to the owner of the property to be expropriated before government is entitled to a writ of possession.
"Once the government pays Piatco the proffered value of P3 billion, it will be entitled to the writ of possession," the SC said.