The Philippine Star

Airlines ask: Who will operate NAIA-3?

- By RUDY SANTOS

Member firms of the Airline Operators Council (AOC) whose operations were transferre­d to the Ninoy Aquino Internatio­nal Airport-Terminal 3 (NAIA-3) are now confused on who will operate the airport terminal following the court decision preventing the gov- ernment from taking over the airport facility.

The Court of Appeals (CA) on Oct. 10 barred the government from exercising full ownership over the NAIA-3 unless it releases $371.43 million from escrow to developer Philippine Internatio­nal Air Terminals Company Inc. (Piatco) as just compensati­on.

The CA struck down the mode of just compensati­on payment for Piatco earlier set by the Pasay City regional trial court.

The CA granted the petition of Piatco and held the Pasay court committed an error in issuing the orders pursuant to its May 23, 2011 ruling that ordered the government to pay the developer net just compensati­on amounting to $116,348,641.10.

Sources revealed the airline firms are in a quandary on who will exercise supervisio­n over NAIA-3 operations.

They are asking if NAIA-3 would still be under the Ma- nila Internatio­nal Airport Authority (MIAA) of the Department of Transporta­tion and Communicat­ion (DOTC), or Piatco that said they are ready to operate the airport terminal.

Cebu Pacific and PAL Express are among the first occupants of NAIA-3, followed by Delta Air, KLM Royal Dutch Airlines, Singapore Airlines, Emirates and Cathay Pacific which transferre­d last August and September to decongest NAIA-Terminal 1.

Some airline officials said they would “wait and see” what developmen­ts transpire, expecting the government to appeal the case before the Supreme Court.

The court order also required Piatco to make an undertakin­g that it is assuming sole responsibi­lity for any claims from third persons arising from or relating to the design or constructi­on of any structure or facility of NAIA-3 and execute a deed transferri­ng the title of the airport structures and facilities to the government, “without prejudice to the amount which will finally be awarded to it by the appellate court.”

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