Lawyer for Japanese firm disputes Nene’s claim

A Japanese businessman countered yesterday the claim of  Senate Minority Leader Aquilino Pimentel Jr. that it was wrong for his firm to develop a property owned by the Philippine government in Tokyo, Japan.

Speaking through his lawyer, Salvador Britanico, Masaichi Tsuchiya said Pimentel was provided “half truths” when he questioned the government’s awarding to Tsuchiya’s firm the contract to develop the 2,488-square meter Nampeidai property.

Britanico said it was not correct for Pimentel to question the government’s decision to recognize Tsuchiya’s right to represent the Nagayama-Taisei Consortium (NTC) despite the revocation of the power of attorney granted him.

“The fact is that the government is not substituting the NTC with Mr. Tsuchiya in the development of the property,” he said.

“Mr. Tsuchiya is recognized only as the representative of NTC in connection with the Nampeidai project.”

The Bids and Awards Committee for Philippine government properties in Japan had awarded the contract to NTC.

Britanico said Tsuchiya was authorized to represent NTC by virtue of the exclusive and irrevocable special power of attorney executed by Masahiro Nagayama of the NTC in Tsuchiya’s favor.

Tsuchiya had undergone legal review upheld by the Technical Working Group on the Nampeidai project comprised of representatives from the finance, justice, foreign affairs, public works and highways, and budget departments, as well as the Office of the President, he added.

Britanico said upon request of Finance Secretary Margarito Teves, Justice Secretary Raul Gonzalez issued a legal opinion that Tsuchiya’s special power of attorney was valid and binding under Philippines laws.

“The interest of the Philippine government is fully protected because the NTC, through Mr. Tsuchiya, has already fully paid the development fee of 480 million Japanese yen last Aug. 28, 2006,” he said.

The Mandaluyong Regional Trial Court Branch 214, the Court of Appeals and the Office of the Executive Secretary have also upheld Tsuchiya’s role, he added.