Transportation Secretary Leandro Mendoza said during a briefing at Malacañang that the government must first ensure that the terminal’s structure is sound and that passengers will be safe.
"Right now we are conducting an intrusive inspection to determine the structural integrity of the airport," Mendoza said. "We need some $6 million to complete it, including the repair of the ceiling that fell."
"We have to see to it that the structure is safe and sound before we open it for commercial operation. Maybe in six to eight months we will be ready," he added.
Presidential Management Staff (PMS) chief Arthur Yap said there was no word from President Arroyo yet as to whether she would land at NAIA-3 on Monday from Hawaii, the last leg of her five-nation trip.
The government has taken possession of the terminal based on a writ issued by the Pasay City regional trial court (RTC) upon payment of the P3 billion proffered value of the terminal.
"Now we are working on the construction work agreement with Takenaka (one of the terminal builders)," Mendoza said.
The Pasay City RTC also designated valuators to determine the actual cost of the terminal.
"The government has to comply with the provision of the Supreme Court decision that we have to pay if we want to use the terminal," Mendoza said.
He said Takenaka initially volunteered to repair the damaged ceiling of the airport for free but the government did not agree to this: "What government wants is inspection of the total infrastructure, we cannot just repair the ceiling. What if some other parts also have a problem?"
Mendoza said the government is prepared to pay for the facility and later privatize it: "Initially we are going to acquire ownership and then later, we might opt to privatize and if ever we opt to privatize, all the expenses the government have incurred will be part of the bid price."
In a two-page, en banc resolution, the SC consolidated the AEDC’s petition with the petition filed by the Office of the Solicitor General (OSG), which assailed the Court of Appeals (CA)’s order granting the application for a temporary restraining order (TRO) filed by Ilocos Sur Rep. Salacnib Baterina on Aug. 24.
The TRO had stopped the Pasay City RTC from conducting further expropriation proceedings and the government from paying P3 billion to the Philippine International Air Terminals Co. Inc. (Piatco) as proffered value.
"The court resolved, without giving due course to the petition, to require the respondents to comment on the petition as well as the application for a TRO and/or writ of preliminary injunction within a period of 10 days from notice hereof; consolidate this case with AEDC vs. Department of Transportation and Communications case and set this case for oral argument on Oct. 17, 2006, Tuesday, at 1 p.m.," the SC said.
The AEDC maintained that it is the unchallenged original proponent for the construction of NAIA Terminal 3 and that it has a substantial and material right and interest over the property and must be impleaded as an indispensable party to the expropriation proceedings.
The AEDC said the expropriation of NAIA-3 is unlawful and should be stopped because Piatco is a mere builder entitled to the reimbursement of the actual cost of the built facility based on quantum merit through ordinary ejectment proceedings.
On Sept. 8, the CA’s 8th division chaired by Associate Justice Renato Dacudao lifted the TRO it issued on Aug. 24, paving the way for resumption of expropriation proceedings and the government’s payment of P3 billion to Piatco.
Despite the CA’s lift order, the SC took cognizance of the OSG’s petition. The SC also ordered Baterina to comment on the petition within 10 days. — With Jose Rodel Clapano, Pia Lee-Brago