SPECIAL REPORT: DEVELOPER EYES TRO VS GOVT ON CLARK PROJECT

A DEVELOPER claiming to be the original proponent of the Clark International Airport expansion project plans to go to court to force the government to resume negotiations.

“If they (the government) chooses not to talk to us, the law is very clear — you cannot change the rules after you award [a project],” Philco Aero Inc. Chairman and CEO Ricardo Penson told

“[Petitioning for a] TRO (temporary restraining order) pains us but we in the private sector need to assert our right,” he said.

Penson said that Philco Aero — a Penson & Co. Inc. subsidiary — was the original proponent of the Clark International Airport expansion, then dubbed as the Diosdado Macapagal International Airport (DMIA) Terminal 2 project.

Documents provided The Times show that Philco Aero’s unsolicited proposal for a $177-million project was accepted by the Clark International Airport Corp. (CIAC) on May 17, 2010. In a notice, then CIAC President and CEO Victor Jose Luciano said the firm’s proposal for the DMIA Passenger Terminal 2 Development Project had been accepted for detailed negotiations in accordance with rules governing competitive challenges public-private joint ventures.

“In this regard, the Joint Ventures Selection Committee (JVSC) of CIAC will meet with you to negotiate on the legal, technical and financial aspects of the pro- posal and determine the eligibility of your consortium to enter into this Joint Venture activity,” the notice of acceptance states.

Some two months later, or on July 9, 2010, Philco Aero received a Notification of Start of Detailed Negotiations from the JVSC, which said that pursuant to 2008 joint venture guidelines and as directed by the CIAC board, talks would be held on the consortium’s