DOTr defends Naia concession deal amid petition on legality

Vince Dizon —PHOTO FROM DOTR FB PAGE

MANILA, Philippines — The Department of Transportation (DOTr) on Thursday said that it stands by its agreement in the privatization of the Ninoy Aquino International Airport (Naia).

Transportation Sec. Vince Dizon made the pronouncement after several lawyers filed a petition before the Supreme Court on Monday challenging the legality of the Naia Public-Private Partnership (PPP) Project.

READ: Naia concession agreement challenged before SC

“It’s very difficult for us to react on it, but this was a properly fitted out concession—agreement advised no less by the ADB—so the government stands by the agreement and process by which the agreement was signed,” said Dizon in a press conference.

In a petition before the SC, lawyers sought a temporary restraining order, writ of preliminary injunction and status quo ante order to declare as invalid and prohibit the further implementation of the NAIA PPP Project Concession Agreement.

The petitioners argued that the agreement—which was awarded the fastest in Philippine history—did not comply with and was in violation of the provisions of the new PPP Code signed into law on December 5, 2023 and took effect before the bidding on December 23, 2023.

Petitioners said the bidding process was done under  the Build-Operate-Transfer (BOT) Law, even if it was already repealed by the new PPP Code.

The petitioners were Atttys. Joel Butuyan and Roger Rayel of the Center for International Law (CENTERLAW), former Undersecretary of the Department of Environment and Natural Resources Antonio Gabriel La Viña and law deans Attys. Ma. Soledad Deriquito-Mawis and Jose Mari Benjamin Francisco U. Tirol.

Meanwhile, respondents were listed as Cabinet of the Executive Department, represented by Executive Secretary Lucas Bersamin; DOTr; MIAA; PBAC; the PPP Governing Board and the NNIC.