Court allows Takenaka to intervene in NAIA-3 case

The Pasay City Regional Trial Court (RTC) has allowed Japanese construction firm Takenaka Corp., the contractor engaged by the Philippine International Air Terminals Co. (Piatco) to build the Ninoy Aquino International Airport Terminal 3, to intervene in the expropriation case of the mothballed facility.

In a two-page order, Judge Jesus Mupas of the Pasay City RTC said that, apart from Takenaka, Asahikosan Corp., the project’s procurement supplier, can also actively participate in the case.

"After reviewing the submissions filed by movants Takenaka Corp. and Asahikosan Corp. and noting the progress of this case and the requirements of this court and the commissioners in complying with the mandate of the Supreme Court, this court finds that the intervention of Takenaka Corp. and Asahikosan Corp. would be desirable in this case and could assist in serving the ends of justice in the expropriation of the NAIA Terminal 3," the order read.

Both Takenaka and Asahikosan entered into contract with Piatco for the building of NAIA-3. They are seeking payment of the amounts they believe are due them for the construction of the terminal.

Mupas said the two companies are in the best position to explain what NAIA-3 is composed of and to justify the actual construction cost of the facility to the commissioners and to the court.

He also said the construction cost for the terminal "is only one of the components of the value of NAIA-3 and is only one of the factors in determining the compensation due to the defendant, Piatco, for the plaintiffs’ expropriation of NAIA-3 under the law, specifically following Republic Act No. 8974."

According to him, "there is no doubt that such construction cost is the primary consideration confronting the commissioners and this court."

Thus, the order noted, "Takenaka Corp. and Asahikosan Corp. are parties necessary for a complete determination and settlement of the claim subject of this case."

The two companies were directed to pay the corresponding intervention fees, which will be determined by the Office of the Clerk of Court for Branch 117.

Meanwhile, the government and Piatco were given by the court 15 days from receipt of the order to file their respective comments and answer the complaints-in-intervention.

The special commission tasked to determine the "just compensation" for Piatco in line with the expropriation of the terminal said they are finalizing the list of appraisers they will submit to the court.

Meanwhile, Takenaka has refused to repair any structural defects discovered in the facility, Manila International Airport (MIAA) General Manager Alfonso Cusi said.

"In the letter that we received on March 15, they are denying responsibility and passing blame onto others."

Cusi told The STAR that Takenaka has issued an unfavorable response to their letter requesting that the structural defects be corrected immediately.

He said the letter signed by project director Ken Kurebayashi sought meetings with MIAA consultants to discuss technical matters. – With Michael Punongbayan