MANILA — The Supreme Court has affirmed a Court of Appeal decision ordering the Philippine International Air Terminals Company Inc. (PIATCO) to pay Japanese builders Takenaka Corp. and Asahikosan Corp. for its contractual obligations in building the Ninoy Aquino International Airport Terminal 3.
The high court’s third division dismissed a petition of PIATCO to assail the July 2007 ruling of the appellate court that affirmed a June 2006 decision of the Makati regional trial court. Both the appellate court and the trial court junked the firm’s bid for immediate dismissal of the claims of the Japanese firm based on two judgments of the Queen’s Bench Division in London, England.
“The court does not see any reason to overturn the CA’s finding that there was no grave abuse of discretion on the part of the trial court in denying the motion to dismiss. In this case, there is no showing of such capricious or whimsical exercise of judgment or arbitrary and despotic exercise of power committed by the trial court,” Associate Justice Diosdado Peralta stated in the high court’s decision.
The case covered only the motion of Piatco to stop the Makati RTC from proceeding with the case. Makati RTC Branch 143 Judge Zenaida Galapate-Laguilles already ruled earlier this year in favor of the claims of the Japanese firms and ordered PIATCO to pay them $172 million.
Last month, the CA’s third division junked the motion for reconsideration filed by PIATCO and affirmed its ruling last March that upheld the decision of trial court giving the two Japanese firms the go-signal to collect their claims from PIATCO. (Manila Standard)