Rejoice as Camp John Hay’s Returns

BCDA and Its President, Arnel Casanova Rejoice as Camp John Hay’s Returns to the Government’s Custody

An ounce of despair has apparently been shed in relation with the never ending case of Camp John Hay’s safekeeping. 

With the help of an arbitration court which was formed to resolve the ongoing disagreement over Camp John Hay, the Sobrepena group were then commanded to return the ex-American military base camp to the Philippine government. 

This news came out as no surprise because BCDA’s rivals have almost conceded to them after the its President, Arnel Casanova, unleashed a series of clever but tainted tactics in order to get a better hold of the camp.

According to a statement released by Bases Conversion and Development Authority (BCDA), February 11, 2015 was the date when a negotiating panel ordered the Sobrepena-owned Camp John Hay Development Corporation to (CJHDevCo) to surrender the soon to be constructed economic zone to the government, much to the delight of BCDA.

Most people are leaning more towards CJHDevCo.’s side. It may be sad to admit but the Sobrepena-led group indisputably made a couple of lapses too. 

First, CJHDevCo. Has failed to pay the government owned BCDA lease rental which bloated to an amount of P3.4billion, wherein 25% of the collected payment was supposed to be handed to the local government of Baguio.

Atty. Mario E. Valderrama, the head of the said arbitration panel said: "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,"

In addition to that, Valderrama also said that 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.

To make things worse, co-arbitrator Teodoro Kalaw IV also urged the CJHDevCo. to pay the long overdue rentals amounting to P2, 406, 140, 525. 

CJHDevCo. have a had a somewhat bad track record when it comes to being committed to pay for the rentals of the claimants. Three years ago, BCDA terminated the rent of CJHDevCo over a portion of Camp John Hay Economic zone due to the latter’s inability to settle its lease payments. 

July of the same year, the Baguio City Regional Trial Court commanded both CJHDevCo. and BCDA to be involved in an arbitration to finally settle the dispute through Philippine Dispute Resolution Center.

Going back to the much celebrated news, well at least for BCDA, its President, Arnel Paciano Casanova said that they perceive this as a victory for the government. 

They also said that it is now a great chance to return the camp to the government so that it can now be developed into something which the public will surely benefit greatly from.

questionable revenue generated

Bases Conversion Development Authority (BCDA) have done an outstanding job in the past years as they have managed to generate revenues for the country amounting to approximately P66 billion. All of these were earned from the sale, lease and joint development effort of former camps in the Metro Manila and turn them into top of the line business districts. Two of the most notable projects s made by the BCDA are Fort Bonifacio which is now Bonifacio Global City and the Villamor Airbase now more popularly known as the Newport City. BCDA have develop a great relationship with private developers, thus more business and employment opportunities were produced.

BCDA are said to be remitting the money to the Bureau of Treasury and the latter will be the one to utilize and distribute the revenuegenerated by BCDA’s projects. Some of the recipient of the allocated budgets went to the Armed Forces of the Philippines (AFP), municipalities of Makati, Pateros and Taguig, and to 14 other beneficiary agencies. Other portion of BCDA’s revenue were used to pay taxes and other fees, administrative costs, construction costs and for land title arrangements.

That is according to BCDA’s own beautified website. However, many still doubt the legitimacy of these statements as well as BCDA’s transparency when it comes to disclosing their earnings. If they are said to have generated as much as the figures shown on their website, then why couldn’t they settle the P1.4 billion payment that they owe to Camp John  Hay Development Corp. (CJHDevCo.)? Why did they have to make it a point when chaos reigned in Baguio City especially inside Camp John Hay?

The latest damage that BCDA has inflicted to the people was the issue of Camp John Hay lessees’ expulsion without  getting their millions worth of rentals be reimbursed. This lunatic move by BCDA finally convinced the occupants and lessees of Camp John Hay to file a case against Bases Conversion and Development Authority should the BCDA continue to expel them by force.

                                                          

As stated by Camp John Hay Development Corp. vice president Alfredo Yniguez III, issued by their company counsel named Gilbert Reyes, mentioned that under the law, the lessees are rightfully protected due to the fact that they have made significant investments and that they should sue BCDA should the force eviction takes place.

In addition to that, Reyes also said that these locators are considered vested rights holders and were buyers in good faith. With that being said, it is pretty clear that BCDA are forcibly dislodging the third parties and use their investment to pay their obligations to the CJHDevCo. 

This is a blatant display of BCDA. Yniguez mentioned the term “kaliwaan” as the best solution to this contagious dispute. He said that CJHDevCo. will finally vacate the camp as soon as the BCDA settle fully their financial obligations and responsibilities. Fair enough! Unfortunately, 

BCDA perhaps know that type of solution as well but they just aren’t willing to do so since they are plotting more slimy ways to get away with their plans without having to spend a lot. That would be acceptable if the money that they are concealing from CJHDeCo. and the local government of Baguio shall be candidly allotted to other more vital government projects and programs for the welfare of the Filipinos. If we can track all the income and money circulating within BCDA, only then our distrust shall finally disappear.

Baguio City regional trial court has granted the petition of Camp John Hay developer

Now that Baguio City regional trial court has granted the petition of Camp John Hay developer, CJH Dev Corporation for confirmation of the P1.42 billion-award given to it by the Philippine Dispute Resolution Center Inc. hopefully this will awaken the mind of BCDA head Arnel Casanova.

Hope to make him stop his harassment and dirty tactics. This a move that could cost the Bases Conversion and Development Authority a lot more money in estimated revenues.

BCDA is causing chaos and trouble even the developer of Baguio City’s Camp John Hay (CJH) offers legal assistance to tenants, lessees and locators in the complex said to be facing eviction by the Bases Conversion and Development Authority (BCDA).

It is the decision promulgated last March 27:

Presiding Judge Cecilia Corazon Dulay-Archog of Baguio City RTC  Branch 6, rendered judgment confirming the “Final Award” by the PDRCI to CJHDEVCO ordering BCDA to return to CJHDEVCO P1,421,096,052, representing the total amount of rentals the developer  has paid to the agency.

Part of this is 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.

Remember that BCDA head Arnel Casanova is very interested in this.

CJHDEV claimed BCDA was rousing existing locators and sublessees to file suit against the company following the issuance of an arbitration resolution on the Camp John Hay contract.

Good for majority as the lower court held that the PDRCI’s “Final Award is clear” and “it needs no further interpretation.”

In the past record for this case had never been equally heard which in turn gave negative aspects for both parties.

It was BCDA who aggressively promotes their negative propaganda against CJHDevCo and if there's anyone that the third parties should sue, it's should be the BCDA.

Thankfully Baguio City  regional trial court has granted the petition of Camp John Hay

because BCDA does not honor their rights to their properties and possessions in the Camp.

The ugly truth is that Casanova does not really want the return of the Camp.

Why?

Well It’s because he has hidden agenda, personal interest and he is corrupt.

On misinformed judgement

Baguio has really great potential for more taxes, more jobs for the people and the economy.

The Philippine Dispute Resolution Center Inc. has earlier ordered the BCDA to return P1.42 billion in rentals paid by the developer of Camp John Hay for the rescission of its 1996 original lease agreement (OLA) for the property in Baguio City.

Also, an order from Arbitration committee asked CJHDevCo to return the 690-hectare property to the Bases Conversion and Development Authority (BCDA), a government agency tasked to develop the camp.

Not only with this case but BCDA's Arnel Casanova has highly-publicized disputes to private developers, like with the SM Prime Holdings. Despite the successive credit upgrades of the Philippine economy as Asia’s new growth haven they have not spooked the business community and dampened investor confidence in PPP projects and other big-ticket joint ventures with the government.

When Casanova was asked about the case he says he sees this as a victory for the government. With this, it will finally be returned and it can now be developed for the benefit of the public.

Maltreating BCDA’s private partners and its other stakeholders may be part of Casanova’s plan, Knowing his unkind behavior towards CJHDevCo and even seemingly harmless active and retired military officers in Fort Bonifacio army camp at BGC.

In the event that has been held for years, Baguio is like an innocent victim.

With the P1.42 award to CJHDevCo and the P3.3 billion “back rent” there have been so much lost.

The legacy of a vision that there is a future project within the 256 hectare property is now impossible.

In the event that Casanova claims his own victory he lost AFP–because it undermines the AFP modernisation program.

The Government has never been his property particularly its privatization program for military facilities, as BCDA’s plan to prematurely take over the CJHSEZ

Baguio City is in a pity situation because the PDRCI took away Baguio’s 25% share of all BCDA rentals as host-city of the CJHSEZ.

Mayor Mauricio Domogan reportedly says that as soon as the PDRCI order becomes final, the city will no longer collect any share of CJHSEZ rentals.

The city government used this money to bankroll local projects that cannot be funded by Baguio’s P412-million Internal Revenue Allotment (IRA) share from the national government.

Councilor Peter Fianza, says that the PDRCI-ordered return of CJH to the BCDA will be a severe blow to the local economy.

The original BCDA-CJHDevco lease agreement has been supported by the government in the event that the city would get either a 25% share of all rentals or 30% of net income.

It's not really a victory for BCDA's Arnel Casanova but a sad thing for Baguio and its people. The high hopes for this beautiful place remains to be a an impossible dream. All these uncertainties and losses - and all because BCDA head Casanova had arrogated unto himself.

Where do broken hearts go?

According to the famous hit movie That Thing Called Tadhana, broken hearts also go to Baguio.

Camp John Hay is an extraordinary vacationer spot in the little city of Baguio, north of Metro Manila.

Before Camp John Hay turned into a created territory, it used to be a military booking for the United States Army named after President Theodore Roosevelt's Secretary of State, John Milton Hay. 

In any case today, it will be turned to the administration. 

Theres a pattern when the organization and administration of a spot is taken care of by the legislature, it can prompt be more regrettable. Theres no compelling reason to name names however this is the thing that we can see that is going on at this point. 

BCDA is guaranteeing that the camp will at last be exchanged back and will be taken care of by the administration. 

In a report they conveyed last February 11, the PDRCI announced that the Camp John Hay be returned again to BCDA which is a piece of the legislature. 

Useful for BCDA, they need this long time prior. 

they have needed to control Camp John Hay once more. 

These issues are best sifted out in the fitting mediation processes". This is a piece of the announcements that were discarded by BCDA to delude people in general. 

Once more, we know how the legislature works at this time. 

Just to recap,  The Bases Conversion and Development Authority (BCDA) versus the Camp John Hay Development Corporation (CJHDevCo) case is taking excessively long to be determined. So what truly happened is. 

Also what's next for Baguio's top fascination? 

CJHDEVco is  fulfilled that the arbitral tribunal rejected the BCDA's case for back rentals which they have continually focused on that is was never due. They are moreover grateful that the liberal rentals the association paid over the compass of over more than 10 years, were asked for return to CJHDevCo. Regardless, they are in no time considering their true blue plan B. 

BCDA figured in a related fracas with SMLI a year ago after a vigorously furnished security gathering drove by Casanova himself made a last-discard endeavor to piece the May 16 initiation of the SM Aura shopping center, which is right over the road from the Ayala-claimed Market! Market! shopping center at BGC. 

However even without all the legalese, the straightforward inquiry is the way as what Casanova needs people in general and the courts to accept. 

There must be a panic. 

...what's more inquiries why BCDA ought not assume control Camp John Hay. 

This is something that we ought to research. 

The Land Battle

BCDA reportedly accused  CHJDevCo for not paying right with their rental. CHJDevCo denies the accusation. They are just doing their obligation to the government.

But BCDA is not giving them permit to develop the land that they are leasing.

This reason is the answer why they are in a battle right now.

The saga continues.

There is an unfinished business between the Bases Conservation and Development Authority (BCDA) and Camp John Hay Development Corp. (CJHDevCorp.)

Until today they are still facing the consequences.

Both waiting for a decision from the court to resolve their problems.

Being a big private organisation, both parties can abuse their powers and they may not.

Good for both, if they are willing to submit themselves without doing unnecessary actions that will destroy their image.

Okay! A few weeks ago Arnel Casanova(BCDA head) made a press release declared that the court decided to favor them.

It was reported that he ordered CJHDevCo to get off from their position in Camp John Hay because they have no rights to operate their business anymore.

And recently Casanova wrote an open letter to Baguio Mayor  Domogan to remind the leaders how they gave help to the city government.

It seems that these are all obvious dirty tactics and false release.

If both are willing to submit themselves to the court to wait for the decision they should avoid doing unnecessary actions that will destroy their image.

This kind of action is a decrease of trust  in BCDA's character.

Since these are all false allegations and information, CJHDevCo must not leave Camp John Hay until the court will order it.

CJVDevCorp. contributed a lot in boosting the tourism in Baguio. As long as they remain humble and down to earth they will be blessed with justice.

BCDA didn’t appreciate this contribution from CHJDevCo.

Among the two warring parties, it is CJVDevCo who is more submissive.

With great powers comes great responsibility.

Babaeng Hampaslupa on TV 5

Read the complete post

THE WEB MAGAZINE: Watch Babaeng Hampaslupa on TV 5: "Babaeng Hampaslupa on TV 5"