Who's getting P6.8-B tong-pats in NAIA-3?

Only last Mar. the government was citing structural defects in NAIA-3 to haggle down the builder’s final fee. Today it is rushing to pay up to 42 percent more than the airport terminal’s real worth. Why? Or rather, who’s getting a “tong-pats” of at least $136 million (P6.8 billion)?

“Tong-pats”, commission, kickback is the only reason for the bukol. Government-owned Land Bank and Development Bank of the Philippines jointly have posted a bridge loan of $400 million. The Manila International Airport Authority will use it to pay Piatco-Fraport for NAIA-3. This, on top of $62 million that government already paid to Piatco-Fraport as ordered by the expropriation court in 2005. The puppeteer of the three government agencies — all headed by Malacañang appointees — will get the $136-million excess. And the Filipino people will live sadly ever after.

The “tong-pats” is evident. To recall, Fraport A.G. of Germany had lost its suit in Washington D.C. against the government because it was found to have broken RP anti-dummy laws. That is, operators of public utilities, like airports, must be Filipinos, or corporations at least 60-percent owned by them. From documents it was shown that Fraport owned up to 61.44 percent of Piatco. Because of the disclosure, the German firm tried to unload all its Piatco holdings to the Manila Hotel Inc. for $200 million.

If Fraport’s 61.44-percent share is worth $200 million, then the entire NAIA-3 outlay of Piatco is $326 million. And yet, the government is itching to shell out $462 million, with $62 million already paid in 2005 and the $400 million in a week or two. This means a “tong-pats” of $136 million, that is, $462 million minus $326 million. The $136-million “tong-pats” is 42 percent of NAIA-3’s real value of $326 million.

By the way, Fraport execs were reported to be flying in to collect their share, when they should get nothing as logical punishment for breaking RP laws. In fact, the Supreme Court had declared the NAIA-3 build-operate contract of Piatco-Fraport to be void ab initio. Which is why, it’s a wonder why the government later expropriated the terminal that stood on its own land. At any rate, expropriation has been done. But why is the government now pre-empting the court from determining the real value of NAIA-3?

“Tong-pats” have grown under the Arroyo tenure. Previous admins were content with 10-20 percent cuts. But the $330-million NBN-ZTE deal under Arroyo had “tong-pats” of $200 million, or 60 percent. Congressional pork barrel projects today rake in 50-60 percent kickback for proponents.

The Filipino people will shoulder the NAIA-3 “tong-pats” of $136 million (P6.8 billion), while the orchestrator will laugh his way to the bank.

* * *

Speaking of DBP, reports are that the government bank has a $90-million (P4.5-billion) exposure in bankrupt Lehman Brothers. This leak comes at a bad time for the DBP brass, which is trying to make it look like they’re paragons of good governance. Only recently they claimed they could never fudge the figures because the World Bank and Asian Development Bank tightly are guarding development funds lent thru DBP.

Really? So how come the decision makers responsible for the Lehman Brothers transactions are now striving to conceal the DBP’s real exposure? Why are they erasing the paper trail that would lead to their bank accounts, new condos, and fleets of SUVs and European sports cars?

Only last Dec. DBP directors and officers received fat yearend bonuses of up to P10 million each. This supposedly was for their superb job of investing government money in such great portfolios as Lehman. Now that investment is gone, but the bonuses have been pocketed.

Filipinos again took a double-whammy.

* * *

For months now, what should be an intra-corporate tiff between pals in the tiny firearms trade has been spilling over to the courts and press. Two sides in Beretta dealership Clay & Feather have sued and countersued for estafa. And news cams are whirring on the fight of the rich and famous, as the even smaller clay-shooting circuit shakes its head in regret.

For now Raul Arambulo and Adam Jimenez III have the upper hand, as the Makati City prosecutor has cleared them of falsification raps. They only crave to clean their names. But so do Lichaytoo brothers Alex and Cliff, who are girding to defend themselves in the costly litigation ahead. Meanwhile, onlookers are savoring it.

A lesson in Christian reconciliation perhaps lies in this old Jewish adage: Two farmers were fighting over a cow, and asked a lawyer to settle their ownership dispute. As one farmer pulled the head of the cow and the other pulled the tail, the lawyer was milking the cow.

* * *

E-mail: [email protected]