Supreme Court petition challenges NAIA rehab contract's constitutionality

Lawyers and legal experts have petitioned the Supreme Court to declare unconstitutional and illegal a concession contract awarded to New NAIA Infra Corporation (NNIC) for the rehabilitation of Ninoy Aquino International Airport (NAIA).

The 182-page petition, filed on April 7 by Centerlaw's Joel Ruiz Butuyan and Roger Rayel, former undersecretary Antonio La Viña, and law deans Ma. Soledad Deriquito-Mawis and Jose Mari Benjamin Francisco Tirol, argues that the bidding process did not comply with the Public-Private Partnership Code signed into law in December 2023.

The Department of Transportation (DOTr) has defended the agreement as properly bidded out, advised by the Asian Development Bank, and stands firm on its legality despite the petition seeking to declare it unconstitutional and illegal.

Petitioners also argue that NNIC's rate-fixing powers are unconstitutional and highlight increased fees since October 2024 without public consultation. They claim the deal was awarded without clear terms of compensation for NNIC and skipped public participation as required by law.

The petition seeks a temporary restraining order against further implementation of the contract, citing potential harm to millions of Filipinos and foreign travelers, while respondents include the Cabinet of the Executive Department, the DOTr, Manila International Airport Authority, Pre-Qualification, Bids and Awards Committee for NAIA PPP project, PPP Governing Board, and NNIC.