The Uncertainties and Losses At Camp John Hay #RichFamousLife

The uncertainties and losses of all concerned with this case are alarming and cannot be given proper transitions according to the tribunal court’s decision. Its merits for giving an award to Bases Conversion and Development Authority (BCDA) against Camp John Hay Development Corporation (CJH Dev Co) formed indefinite solutions which cannot obtain in peaceful endorsement.

While each side are making its own legal findings for their present situations, it also creates additional problems being unfolded by both parties. Nevertheless, the investors and businessmen who had contracts with CJHDevCo before are in quandary for the on-going squabble of the two parties.

The leadership of Arnel Casanova of BCDA caused unnecessary tension and uncertainty, which is bad for tourism and for business in general. It caused the negative element in pushing up the development of Baguio City and its people. Moreover, his propaganda to pin-down Robert Sobrepena with this case, caused so many bad elements in the name of the government. Likewise, his actions with nothing to be considered from the court or other leaders meant for his uncharacterized personality to manage the government institution.

CJHDevco stand for the “final award” of the arbitral tribunal which terminated the original lease agreement and resulting to the ordering of CJHDevco to vacate the property is not “executor,” Bob Sobrepena said. “Under the law, CJHDevco is not required to turn over Camp John Hay until and unless the arbitration award is confirmed by the Regional Trial Court of Baguio in the form of Writ of Execution.

Until such confirmation, neither the BCDA nor CJHDevco, much less sub-lessees are legally obliged to comply with its terms. Moreover, the termination of the original lease contract does not empower the BCDA to repeal the subleases to locators, since the BCDA has consented to subletting the real-estate developments found within the property, through its subsidiary, the John Hay Management Corp.

BCDA should continue to honor its commitment since it was its subsidiary which vested the right to lease the properties and BCDA has representatives in the board of directors of CJHDevco from 2009 to 2011, and, therefore, cannot say that it is unaware of the CJHDevco’s operations and agreements with locators. Under these circumstances, BCDA cannot now disclaim knowledge of the sublease contracts, nor claim it had never consented to subletting properties.

The Philippine Dispute Resolution Center, Inc.,(PDRCI) cast its decision to both CJHDevCo and BCDA, ordering the developer, CJHDevCo to give up occupancy of the leased areas of the former military camp and the BCDA to return P1.42 billion as reimbursement for rental payments.

The decision states CJHDevCo will return the property “in good and tenantable condition in all respects, reasonable wear and tear excepted” interpreting it as a clean slate of property ready for occupancy. The agreement with CJHDevCo was terminated, 3rd party lessees contracts were also automatically terminated with the Philippine Dispute Resolution Center, Inc. having no mention of lessees.

Of course, with this case, it started to create another gigantic problem to all especially the investors inside the Camp John Hay. Right now for sure, they are subjected to uncertainties while the two giants fought with all their weapons at hand. This is not good example to all Baguio residents and its visitors.

What are the rights of the investors when both sides deemed pronounced their capabilities for this case? What will happen if Bases Conversion and Development Authority (BCDA) and CJHDevCo are not equally right for their true intentions of the Camp John Hay? Sad to hear about this legal battle that never been given a chance to produce best result. Both sides never had the inkling to cooperate for the betterment of our nation, but creates bad example to the new generation.

For sure, Baguio City government leaders and citizens are very much disappointed with Arbitration Tribunal decision and so much now that the two sides are gearing for another legal war. Not only that, Arnel Casanova’s management-style caused serious blow to the AFP Modernization Program.

Is there another way or ways to stop this never-ending legal battle between the two?