Friday, October 22, 2010

Cebu Pacific Urged to Desist from using Facilities at Terminal 3

The Cebu Pacific Airways was urged to cease and desist from occupying the Ninoy Aquino International Airport (NAIA) Terminal 3 facilities which it has been occupying for more than two years now.

“This is without prejudice to Philippine International Air Terminals, Inc. (PIATCO) right to claim rentals from Cebu Pacific for its use of the NAIA Terminal 3. PIATCO reserves all rights and waives none,’’ said the letter, which was addressed to Cebu Pacific Airways, signed by Delfin A. Manuel Jr. and Cirilo E. Doronila, representatives for Quasha Ancheta Pena and Nolasco Lawyers.

The law firm also said that use of NAIA Terminal 3 facilities by Cebu Pacific has no authority from PIATCO. It would be recalled that PIATCO is the owner of NAIA Terminal 3 facilities.

“The writ of possession issued in 2006 did not transfer ownership of the facilities to the government. The right to exercise acts of ownership remains with PIATCO until ownership is transferred to the government upon payment of ‘just compensation,’ “the letter said.

The Supreme Court in Gingoyon emphasized that title to the property would only vest to the government upon full payment of just compensation to PIATCO.

“This has not happened yet. Any person using the facility without authority from PIATCO violates PIATCO’s rights of ownership as well as the RTC Order affirmed by the Supreme Court in Gingoyan,’’ the same letter said.

Posted via email from Aviation Professionals dot Org

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