Analyzing CJHDevCo Stand In Arbitration Tribunal Award #RichFamousLife

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?

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

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.

Bob Sobprena Of CJH Dev Co Is The Winner? #RichFamousLife

The recent decision of Pasay RTC is making waves of disappointments to BCDA in which for sure, CJH DevCo Robert Sobrepena calls it, “The truth will prevail.” It’s merely “lucky” or a true form of harassment?

The case couldn’t revolve around Bob Sobprena only but to the whole entity which exercise their rights to put forward the said MOA between Bases Conversion and Development Authority (BCDA) and CJH Dev Co. The DOJ has singled Robert Sobrepena for estafa case, when in fact he has partners for this endeavor who also to be with him on this case?

I think, the DOJ hadn’t realized this before because their main focus was centered to Bob Sobrepena. Likewise, Arnel Casanova has been acting with this case without the true intention of the result. He allegedly done the propaganda against Bob Sobprena but never realized the true form of the case. This merit will add to the finality of the case in favor to CJH Dev Co?

In the past, the Sobrepeña camp contended that the BCDA agreed to defer rental payments under two restructuring memoranda of agreement (MOA) signed in August 1999 and July 2000. In the “whereas” clause of the last MOA, Sobrepeña said it was expressly stated that CJHDevCo’s inability to undertake its development plans and realize its projected sales and revenues were caused by BCDA’s admitted breaches of the lease agreement, delays in fulfilling its obligations and the detrimental effects of the Asian financial crisis on the Philippine economy. BCDA acknowledged the problems encountered by CJHDevCo, partially caused by delays on the part of BCDA, led to the deferment of rental payments.

The Pasay RTC noted that it was a joint committee comprised of officers of both CJHDevCo and BCDA that ruled to allow the deferment of payments. “If there was misrepresentation as to the financial condition of CJHDevCo, the officers/directors of BCDA who are members of the committee might have been remiss, if not fell short, of their duty to determine the financial capacity or incapacity of CJHDevCo to pay its obligations.”

The Pasay RTC also underscored Sobrepeña’s transparency with BCDA, adding that there was no evidence that Sobrepeña concealed the corporate records and financial statements of CJHDevCo to BCDA or that he persuaded, if not insisted, BCDA to enter into the contract. “The very stipulations of the MOAs appear to be a product of negotiations, verification and careful, if not meticulous, evaluation. The July 14, 2000 MOA was even approved by the Office of the Government Corporate Counsel and by the Office of the President.”

Analyzing BCDA or CJH Dev Co As The Winner For Legal Battle of Camp John Hay #RichFamousLife

Arnel Casanova of Bases Conversion and Development Authority (BCDA) wanted CJH DevCo to be replaced by other investors or the government will take over the management and operations of the camp? What if the arbitration committee gives their final decision to CJH Dev Co, will BCDA make another step to finally oust the present investor because it will not give positive revenues to the people of Baguio City?

If BCDA won the legal victory after all its strategies against CJH Dev Co, and before, the Court of Appeals overturned a pro-Sobrepeña decision of the Baguio Regional Trial Court in 2012, which issued an injunction against the BCDA’s move to eject the businessman. The Court of Appeals ruled that the P736-million bond posted by the Sobrepeña group for its case in the Baguio RTC, via a firm known as First Integrated Bonding and Insurance Corp., was invalid. According to BCDA, the firm was not accredited by either the Insurance Commission or the Supreme Court to conduct business with any court in the country.

It’s a sad story for CJH Dev Co that even though how hard they tried, BCDA will make another move to destabilize the situation.

The BCDA’s wanted to acquire the camp would mean chaos that could ruin the CJHDevco and Camp John Hay as a whole. Besides, BCDA has the right when the finality of Baguio RTC and Singapore court are final.

If CJH Dev Co will win for this legal battle, what will be the BCDA could do?

Before, BCDA’s playing dirty propaganda by misleading locators and shareholders when it issued a Notice to Investors claiming the CA had lifted the injunction against BCDA making it appear that CJHDevCo’s no longer in-charge of the camp. The announcement brought panic to CJH DevCo and they’ll do it again when they’re defeated for this legal proceeding.

The CJH DevCo in Baguio City has warned the Bases Conversion and Development Authority (BCDA) from forcibly taking over the area pending the resolution of their case with the Court of Appeals (CA). The warning letter to BCDA has proper declaration done by the camp developers. Any act toward this, whether verbal or physical, only shows a lack of observance and total disregard for due process and the rule of law, the consequence of which shall be harmful and prejudicial to the well-being and safety of our locators, buyers, investors and visitors in the camp.

The CJH DevCo issued a warning letter to BCDA’s Arnel Casanova that any attempt of an illegal takeover of the camp is clearly illegal and criminal. BCDA will observe and respect the legal process and restrain itself from any negative move at present. CJHDevco would defend its rights until the arbitration tribunal in Singapore has rendered a final ruling, and the Baguio RTC has decided the case with finality.

Moreover, Bases Conversion and Development Authority (BCDA) tactics couldn’t be disregard by the present management because of its huge capabilities to discredit and make the battle a winner. They won’t stop pestering CJH DevCo until it’ll give-in to BCDA’s demand.

This announcement adds to the laurels of BCDA in the eyes of the Singaporean tribunal. Which was why, the news could also conform for the argument they are clamoring about.

Even though how hard for CJH DevCo to comprehend, they should always abide by the decision of the court for finality. It’s been their right to stop BCDA’s bullying to balance the court’s decision for finality.