RP officials testify in NAIA-3 case in US

WASHINGTON — Senior Philippine government officials finished testifying before the International Center for Settlement of International Disputes (ICSID) on the controversial Ninoy Aquino International Airport Terminal 3 (NAIA-3) project on Tuesday but were tightlipped about the case.

"No one is willing to say anything out of concern it might jeopardize the case," a Philippine embassy official said.

ICSID counsel Aurélia Antonietti also declined to talk to reporters. "We do not make any comment about ongoing cases," she said.

It was not known when ICSID would make a ruling on the case that centers on compensation to be paid to the builders of NAIA-3 — Fraport AG of Germany and its local partner, Philippine International Air Terminals Co. (Piatco).

Fraport brought the case for arbitration before ICSID, which has close links to the World Bank, to secure payment of over half a billion dollars from the Philippine government.

Among those who testified before the ICSID were Foreign Secretary Alberto Romulo and Defense Secretary Avelino Cruz in their former capacities as executive secretary and chief presidential legal counsel, respectively, when the government expropriated NAIA-3. 

The Supreme Court recently ruled the government was within its rights to expropriate NAIA-3 because the contract was riddled with anomalies and void from the start but said the builders should be paid P3 billion ($56.5 million).

The government, however, filed a motion urging the High Tribunal to reconsider the ruling as it would delay, if not virtually foreclose NAIA-3. — Lito Katigbak, STAR