BCDA Versus CJHDevCo: The Legal Battle Is It Over? #RichFamousLife

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The recent resolution passed by the Philippine Dispute Resolution Center, Inc., (PDRCI) between Bases Conversion Development Authority (BCDA) and Camp John Hay Development Corp. (CJHDevco) had stirred observers and Filipinos alike. What matter most was the fact that it gave equal treatment and decisions? Likewise, Baguio City Government wanted this case to stop for it only makes the citizens suffer for more but now, a victory for government. Finally it will be returned and it can now be developed for the benefit of the public.

The long and sweaty legal battle damaged the entire government revenues coming from the tourists. It reflects negativity for the entire place which can offer much to its visitors. The main effort done by the CJHDevCo inside the camp was overwhelming in terms for the development. Businesses flourished despite the case was lodged against them for not paying rentals.

The arbitral tribunal dismissed the BCDA’s claim for back rentals which CJHDevCo have always maintained were never due and grateful that the substantial rentals the company paid in the course of over more than 10 years were ordered returned to CJHDevCo. And they are currently studying the legal options.

The sum of 1.42B was sufficiently ordered against BCDA to pay the CJHDevCo while legal option to get 3.4B for arrears from CJHDevCo that they used and maintained for so long inside the camp.

The decision also proclaimed the number of trees to be cared for when BCDA will finally claim the place. It’s the eco-system that brought the place to be desired by the tourists. It’s on the hand of the government to plan and take action for its development. Both parties couldn’t initiate until the court order for its finality.

On the CJHDevCo’s side, they want BCDA to settle the amount before claiming the Camp John Hay. Likewise, the stakeholders should coordinate to its new management for inventories and status. The businesses inside the camp must also help BCDA to uplift the overall standing for revenues in the future.

Whatever agreement Bases Conversion Development Authority (BCDA) entered into with CJHDevco no longer applies because their subleases have been terminated with the principal lease. CJHDevco has not been paying the BCDA lease rentals and arrears have ballooned to over P3.4 billion, 25 percent of which or P850 million should have gone to the local governments of Baguio, La Trinidad, Itogon, Sablan, Tuba and Tublay.

BCDA will still run after CJHDevco to pay for the use of the facility for over a decade and for which it has earned billions. Since it cannot be determined which of the parties first violated the 2008 RMOA, such is hereby deemed extinguished due to the mutual breach of the same by both parties. The termination by respondent of the original lease agreement is hereby confirmed in view of the breach of the same by claimant: the claimant is ordered to vacate the leased premises and promptly deliver the leased property, inclusive of all new constructions and permanent improvements introduced during the term of the lease as reckoned from the execution of the original lease agreement to respondent in good and tenantable condition in all respects, reasonable wear and tear excepted.

Let’s see in the coming days what will be next moves of BCDA and CJHDevCo. For sure each party has its own legal weapons to unfold.


4 comments:

  1. wow that's a lot of money mentioned here..i hope that the Phil. gov't will take care more of the people's need than there own personal vested interest..

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  2. I hope that they could agree on something that will benefit the place and the constituents.

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  3. I wish these both parties good luck in their decision they will made. I hope that what ever decision they decide, it is always good for the people and not for their own money.

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  4. I think the battle is far from over and each party will definitely fight until all means are exhausted. Unfortunately, the only one suffering would be the local government who they owe money to which they have not been paying.

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