State-owned Bases Conversion and Development Authority (BCDA) and Sobrepeña-owned Camp John Hay Development Corporation (CJHDevCO) said they welcomed the investigation to be made by the Senate and the House of Representatives on the controversy surrounding the 247-hectare John Hay Special Economic Zone (JHSEZ).
The other day, The Regional Trial Court of Baguio City today granted the Petition of John Hay Developer, CJH Development Corporation (CJHDEVCO) for Confirmation of the P1.42 billion money award to CJHDEVCO by the Philippine Dispute Resolution Center, Inc. (PDRCI) rendered last 11 February 2015 against the Bases Conversion Development Authority (BCDA). In a 7-page decision issued last March 27, 2015, Judge Cecilia Corazon Dulay Archog, Presiding Judge of Baguio RTC, Branch 6, rendered judgment confirming the Final Award by the PDRCI to CJHDEVCO ordering BCDA to return to CJHDEVCO the total amount of rentals CJHDEVCO has paid in the total amount of PHP1,421,096,052.00. Judge Archog likewise confirmed the PDRCI ruling that CJHDEVCO is NOT LIABLE FOR ANY UNPAID BACK RENT consistent with the ruling that rescission and mutual restitution is proper in the case.
The recent dirty tactics of Arnel Casanova in squabbling of BCDA to CJHDevCo stand with third parties contracts. CJHDevCo accused BCDA of harassing the third party owners of properties and businesses within Camp John Hay:
(1) CJHDevCo has been misleading the sub-lessees by telling them that the BCDA was aware of their contracts and should be the agency to honor their contracts.
(2) The fact that CJHDevCo has concealed the contracts of the sub-lessees and sub-locators to John Hay Management Corp. and BCDA made the Sobrepeña firm liable to the sub-lessees and sub-locators.
(3) BCDA met with the Camp John Hay residents, owners and tenants to present a five page contract, “Deed of Assignment” that deliberately threatens them to either turn over to the BCDA all their contracts, records and a complete power of attorney for the BCDA to use as they see fit in their quest to “crush” CJHDevCo, or face certain termination of their contracts and the rights to use their properties in Camp John Hay.
Even Baguio Mayor Mauricio Domogan asked both BCDA and JHMC to stop issuing statements that divert the public’s attention from the fact that they themselves were to blame for the nullification of the contract.
Remember that, 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. It must be followed by both parties for peaceful transition.
But because of Arnel Casanova’s arrogant behaviour in dealing with CJHDevCo earlier urged the lessees and locators to lay their rightful claim to the P1.42 billion that CJHDevCo would be receiving from the agency by virtue of a decision issued by Philippine Dispute Resolution Center Inc. (PDRCI). The amount represented the lease payments of CJHDevCo to Bases Conversion and Development Authority (BCDA) .
Arnel Casanova could take much from his ultimate desire to pin down Robert Sobrepena to its knees. His ego-tripping character did matters most to him while the image of Camp John Hay was damaged and adding to the fact that businesses inside the Camp were vague and intimidating to its guests, visitors and the Baguio City residents.
CJHDevCO had always wanted to talk things over with the BCDA. It seemed, however, that BCDA officials have already made up their minds and is now harassing sub-locators to favor their illegal actions against them, done prior to the rendering of the confirmation of the tribunal’s decision.
What we expect now for Arnel Casanova’s egoistic move in dealing with this legal drama of the century? His leadership-style 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 personal vendetta to win over 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. Camp John Hay is like a cockpit arena for him to fight what’s inside his arrogant character.