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News Top Stories Tan group asserts right to operate Terminal-3
News Top Stories Tan group asserts right to operate Terminal-3
| Tan group asserts right to operate Terminal-3 |
| Tuesday, 03 June 2008 10:58 | ||||||
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In a 40-page motion for reconsideration, AEDC said the April 18 decision of the Court mistakenly characterized as a bidding the process of unsolicited proposals as mandated by Republic Act 6957, the Build-Operate-Transfer Law. AEDC’s lawyer Eduardo Ceniza stressed that as originator of the project, it has rights under the BOT law, which must be respected and recognized. “The unsolicited process is not the equivalent of bidding where all parties stand on equal footing. This Honorable Court, in the exercise of its judicial power, may not wrest from AEDC its rights under the BOT law, which may be deemed as vested upon AEDC by legislative fiat after AEDC’s unsolicited proposal was accepted and approved by the National Economic Development Authority and the Department of Transportation and Communications,” the firm said. The consortium said allowing it would constitute an unwarranted encroachment by the high court upon a legislative prerogative or intent that cannot be justified under the BOT law. The firm’s counsel also said the decision unfairly faults the firm for not matching the bid or challenge placed by Naia-3 builder Philippine International Air Terminals Co., implying that the AEDC would have been able to operate the Naia-3 project.
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