As the case was beginning to unfold with the Arbitral Tribunal decisions, the light comes shining through of this long legal battle between the Bases Conversion and Development Authority (BCDA) against Camp John Hay Development Corporation (CJH Dev Co).
It’s very interesting to know that this legal drama can now have positive impact to the people and leaders of Baguio City. The claiming of Camp John Hay by the BCDA was their ultimate desire starting when CJHDevCo failed to pay the rent. Their squabbles continued as BCDA was making Bob Sobrepena the underdog of the case. It’s really known to many how Arnel Casanova filed an estafa case against Bob Sobrepena but the Pasay Court found him cleaned with his transactions to BCDA.
The award of arbitration turned the tide in which CJHDevCo was very pleased for the result. They welcomed the decision of the tribunal and follow the processes to be implemented.
The Philippine Dispute Resolution Center, Inc., (PDRCI) ordered the Bases Conversion Development Authority (BCDA) to pay P1.42 Billion to Camp John Hay Developer, CJH Development Corporation (CJHDEVCO) representing rental payments made by CJHDEVCO to BCDA since 1996.
The arbitration body also ordered that BCDA is not entitled to the P3.3 Billion alleged unpaid rentals to Bases Conversion and Development Authority (BCDA). The PDRCI found that BCDA did not accomplish the promised center of the Camp. Besides, did not approve the processing of government permits needed in the Camp development.
The CJHDevCo developed and maintained the Camp John Hay while the case was filed in the tribunal. They accepted sub-lessees and sub- locators in Camp John Hay to enable them to uplift their earnings in which just for maintaining the camp, even the eco-development by planting additional pine trees.
The CJHDevCo had publicly announced and assured the tenants about their present position while working on the legal aspects of the award. The following’s the public statement of CJHDevCo to the media:
The Arbitration Tribunal has ordered BCDA to pay CJHDevCo 1.42B pesos representing damages based on rental payments since 1996.
Due to breach of contract, the Arbitration Tribunal denied BCDA’s claim for 3.3 B pesos in back rentals from CJHDevCo. As such, this puts CJHDevCo free and clear of any liabilities to BCDA.
CJHDevCo will abide by the Arbitral Award and will cooperate with BCDA for a peaceful transition provided that the award is confirmed by the Regional Trial Court of Baguio City and the payment of 1.42B pesos has been received in full by CJHDevCo.
We assure all buyers, locators and sub-lesses that any forcible or armed attempts to take-over the camp without the writ of execution of the Baguio Court and without the full payment by BCDA of the 1.42B pesos arbitral award before CJHDevCo turns over the camp shall be thwarted with full resolve.
In the interim, until BCDA secures the writ of execution and fully pays CJHDevCo the 1.42B pesos money award, CJHDevCo shall continue to exercise possession, control, and management of the camp to maintain peace and order, assure the safety of its residents and enable its locators and sub-lessees to conduct their business as usual.
We assure our buyers, locators and sub-lessees that their rights and interests to the properties they acquired and are now using in Camp John Hay, will continue to be protected and respected by Law. The BCDA consented to all sub-leases within the camp when it expressly gave CJHDevCo the right to sub-lease various areas and real estate inventory. The BCDA is also fully aware that the various properties inside the camp were sub-let to various third parties in good faith.
With this public statement of CJHDevCo’s position, what will be the action plan of BCDA?
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