CASE 2016-0023: REPUBLIC ET AL VS. HON. MUPAS ET AL (G.R. NO. 181892); REPUBLIC ET AL VS. PIATCO ET AL  (G.R. NO. 209917); TAKENAKA ET AL VS REPUBLIC ET AL (G.R. NO. 209699) PIATCO VS. REPUBLIC ET AL (G.R. NO. 209731) (19 APRIL 2016, BRION, J)

 

DISPOSITIVE:

 

“WHEREFORE, premises considered, we:

 

(1) SUSTAIN our September 8, 2015 Decision, thus:

 

 a) The principal amount of just compensation is fixed at $326,932,221.26 as of December 21, 2004. Thereafter, the amount of $267 ,493 ,61 7 .26, which is the difference between $326,932,221.26 and the proffered value of $59,438,604.00, shall earn a straight interest of 12% per annum from September 11, 2006 until June 30, 2013, and a straight interest of 6% per annum from July 1, 2013 until full payment;

 

 b) The Republic is hereby ordered to make direct payment of the just compensation due to PIATCO; and

 

c) The Republic is hereby ordered to defray the expenses of the BOC in the sum of P3,500,000.00.

 

(2) PARTLY GRANT the Republic’s motion for reconsideration by declaring that full ownership over the NAIA-IPT III shall be vested in the Republic upon full payment of the just compensation as computed in the immediately preceding paragraph; ·

 

(3) DENY PIATCO’s motion for partial reconsideration;

 

( 4) DENY Takenaka and Asahikosan’s motion for partial reconsideration; and

 

(5) RECTIFY THE FOLLOWING TYPOGRAPHICAL ERRORS in our Decision dated September 8, 2015:

 

(a) The last paragraph of page 41 of our Decision should read as follows:

 

Interest. The CA further held that interest shall be added to just compensation as of December 21, 2004. xxx

 

(b) Page 99 of the Decision should reflect the proper quote of item 3.1.17 of the Scott Wilson Report, as follows:

 

3.1.17 On the basis of a construction cost valuation of the order of US$322 million we would expect the cost of construction supervision to be a minimum of US$9 .5 million. It is understood that PIATCO has paid US$7.9 million to the QA Inspectors (JAC) and US$4.2 million to PCI, SOM, PA CI CON and JGC and this therefore appears not unreasonable.

 

(c) Pages 123-124 of the Decision should reflect the proper number of days in years 2008 and 2012, which is 366 days, and hence should be corrected as follows:

 

. . . . .

 

This Resolution is final and no further pleadings shall be entertained. Let judgment be entered in due course.

 

SO ORDERED.”

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2016-0023-PIATCO

 

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