Mayor presses truce on John Hay lease dispute: BCDA saysCJHDevCo misleading Baguio court

By Aileen P. Refuerzo and Dexter See

BAGUIO CITY - The Bases Conversion and Development Authority accused the Sobrepena-led CJHDevco of allegedly misleading a local court into granting a temporary restraining order (TRO) and extending the same for another 17 days to the prejudice of the government and public interest, citing that it had no clear basis in securing the court order against a takeover of CJHDevCo’s leased properties in the John Hay Special Economic Zone because there was no attempt to actually take over the leased properties.

“Like all their past actions and statements, CJHDevCO has even misled the court, giving the impression that the firm is the victim, on the contrary, it is the government and the public who is suffering damage while CJHDevCo continues to benefit from John Hay without giving government its due, Arnel Paciano D. Casanova, BCDA president and chief executive officer, said after Judge MonalizaTabora of the Regional Trial court (RTC) Branch 7 extended the 3-day TRO to 17 days and set the hearing for the petition for the issuance of a writ of preliminary injunction on Feb. 6.

If the Sobrepena group had paid P3 billion debt, Casanova said that amount could have gone to improving John Hay, and regional development, particularly in Baguio, shall have been supported many times over.

“As far as the BCDA is concerned, there is no legal basis for a TRO. No takeover has taken place, and no attempt has been made, hence the court order comes a surprise and mystery to us,” he stressed.

Financial row developed between the two contending parties owing to CJHDevco’s continuing refusal to pay its financial obligations as stipulated in the developer’s lease contract with the BCDA to develop the former American rest and recreation center into a world-class multi-use tourism center to boost the growth of the local tourism industry.

“They’re afraid of their own ghost which they created trying to evade their huge obligation to the government,” Casanova added, pointing out that CJHDevCo’s grounds are speculative and born out of their own paranoia.

Without any advance notice to BCDA, the John Hay lessee unceremoniously kicked out four BCDA directors from the latter’s board of directors upon announcing that they rescinded the 2008 Restructuring Memorandum of Agreement (RMOA) earlier this month.

“They have no legal basis to unilaterally rescind the 2008 RMOA,” Casanova said, adding that they may “have shot themselves at the foot,” since there is no longer a working contract between BCDA and CJHDevCo.

A week after the rescission, CJHDevco officials have filed for arbitration and are claiming P14.4 billion in damages, desperately making it appear that they are the aggrieved parties.

Casanova questioned the “arithmetic” that was used in computing for CJHDevco’s P14.4 billion claim in damages, saying the numbers they presented are baseless and atrocious. “The numbers that cannot be disputed is their ballooning obligation to BCDA amounting to P3 billion and this is the continuing damage that the government is suffering”, Casanova stated.

The BCDA chief executive stated that the delinquent lessee is “grasping at straws” to evade meeting their ballooning debt obligation. “CJHDevco still owes government P3 billion and we will not allow them to escape their debt.”

“We are firm in our commitment to protect public interest in Camp John Hay,” Casanova said. BCDA has always taken the normal route in asking CJHDevco to pay its obligations. “It is CJHDevco which has been precipitate and unreasonable with its actions. What they are doing is grossly disadvantageous to government,” he added.

This, as the JHMC board of directors last week passed a resolution expressing full support to JHMC president and chief executive officer Jamie Eloise M. Agbayani and vice president and chief operations officer Mita Angela M. Dimalanta in managing the government-run firm.

The resolution was signed by Dir. Marissa O. Bondoc, JHMC corporate secretary.

Agbayani was a subject of a complaint reportedly filed by three JHMC employees with the Office of the Ombudsman.

A JHMC press statement said two of these employees have pending administrative charges and signed the complaint to pre-empt disciplinary actions against them.

Agbayani however is still awaiting word from the Ombudsman if indeed said complaint was filed.

She assured the JHMC directors that “she will disprove all these allegations at the proper time and forum”, and that she “will address this matter with transparency, professionalism and integrity.”

She also assured them that the operations of JHMC will remain unhampered.

This comes at a time when reforms are being instituted to improve the overall management of JHMC, so as to make it more responsive to development thrusts, in order to transform Camp John Hay into a top destination of choice and a haven for tourists and investors alike.

JHMC and BCDA have also been trying to collect from Camp John Hay Development Corp. unpaid rentals amounting to P3.024 billion as of the end of December.

In a statement, Agbayani said, “We at JHMC and BCDA are very much focused on the job at hand. We shall not be deterred from our efforts to get what is due to the government, and the people of Baguio”.

This , as Mayor Mauricio Domogan urged the BCDA and CJH DevCo to patch up their differences and reach an amicable settlement on the Camp John Hay lease payment despite their apparently worsening dispute.

“We are still praying that they will sit down and come up with an amicable solution for the benefit of all concerned,” the mayor said.

Domogan said the deadlock will further prolong the city’s wait for the payment of its uncollected share from the lease rental which could have been used to fund priority projects.

BCDA and CJHdevCo’s botched negotiations for the payment of the rentals placed at P3.024 billion resulted to the developer’s filing for the rescission of its Restructuring Memorandum of Agreement with BCDA signed in 2008 for BCDA’s alleged failure to deliver contractual obligations and demands.

The mayor said the CJhDevCo has filed a petition for arbitration before the courts to mediate the issues.

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Tañada pushes coco levy law

By Freddie G. Lazaro

CANDON CITY, Ilocos Sur — House Deputy Speaker and Quezon Representative Lorenzo “Erin” Tañada III sought the reversal of the April 2010 Supreme Court ruling with regard to the 47 percent sequestered San Miguel Corporation shares claimed by the coconut farmers as purchased using the coconut levy funds.

Tañada said he wanted that the entire 47 percent be declared public funds and effectively owned by the coconut farmers.

But as it is, he said that the SC merely affirmed its earlier decision saying that Mr. Eduardo “Danding” Cojuangco owns 20 percent, and the remainder, originally 27% but due to SMC’s investment in Kirin, whittled down to 24%, SMC block shares as government-owned.

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‘AFP men aiding fugitive general: kicker Robredo rejects shoot- to-kill order vs Palparan

MALOLOS CITY– Interior and Local Government Secretary Jesse Robredo Thursday rejected a shoot-to-kill order against retired Maj. Gen. Jovito Palparan Jr.

Speaking at a forum of the provincial government of Bulacan and the Diocese of Malolos, Robredo said the fugitive must be arrested and brought to court for trial. “We are doing everything to find him,” he said in Filipino.

Robredo, meanwhile, dared militant and human rights groups to identify the alleged coddlers of Palparan.

“It’s better they identify who are those coddlers because (Defense) Secretary (Voltaire) Gazmin has already denied those allegations,” he said.

On Jan. 30, Erlinda Cadapan, mother of Sherlyn Cadapan, one of the two missing students, said the government was not doing enough to arrest Palparan.

A P1-million reward for the capture of Palparan is nothing, she added.

Last Wednesday, a US-based human rights group urged President Aquino to order the military to cooperate with civilian authorities in arresting Palparan and others charged with the enforced disappearance of two activists in 2006.

Elaine Pearson, deputy Asia director of Human Rights Watch, said they have information that some sympathetic military personnel were thwarting attempts by civilian authorities to capture Palparan.

“President Aquino should get the message to the military that the years of protecting Palparan for grievous abuses are over. Officers and soldiers alike should be on notice that if they block civilian authorities in arresting Palparan, they, too, will face legal consequences,” Pearson said.

The military, however, challenged Human Rights Watch to name the soldiers providing protection to Palparan.

Armed Forces spokesman Col. Arnulfo Burgos Jr. said they were ready to work with agencies that would probe the supposed coddlers of the retired general.

“We challenge them (Human Rights Watch) to submit names. You file a complaint and this will be addressed by the Armed Forces of the Philippines,” Burgos said in a press briefing.

“We are willing to cooperate with any agency to help us also in further protection and promotion of human rights,” he added.

Burgos said they will not tolerate any soldier providing safe haven or sanctuary to wanted personalities.

He, however, said sanctions can only be slapped on active soldiers and not the retired ones.

“We don’t have any jurisdiction anymore for those who are retired in the Armed Forces but provide us with the names of those in the active service then we would initiate action,” Burgos said.

Palparan has been on the run since he was charged in December with kidnapping University of the Philippines students Sherlyn Cadapan and Karen Empeño in 2006. The two activists remain missing.

Apart from Palparan, the Department of Justice also filed charges of kidnapping and serious illegal detention against Sgt. Rizal Hilario, who is also on the run, while Lt. Col. Felipe Antado and S/Sgt. Edgardo Osorio have surrendered and transferred to military custody.

This, as one of the Palparan’s counsels told a Bulacan court Jan. 30 that he received information that the two missing University of the Philippines students were still alive.

“I believe it’s true, that’s why I informed the court, and I will also inform the law enforcement agency,” lawyer Jesus Santos said.

Santos made the disclosure before the counsels, family of the victims and Judge Teodora Gonzales of Regional Trial Court Branch 14 in Malolos, Bulacan.

In an interview after the hearing, Santos, without revealing his source, said he received the information through a phone call night of Jan. 30.

Santos said however, that he still has to verify the information.

The prosecution lawyers said Santos’ claim might be another dilatory tactic of the defense panel to send the law enforcement agency on a wild goose chase.

“If that is really true, then Palparan and his men might be really guilty,” lawyer EdreOlalia said.

Olalia added that if Santos’ information is true, he must show proof, or just present SherlynCadapan and Karen Empeño in court.

When asked to comment on Olalia’s statements, Santos said that if the two students were still alive, it would only mean that there is no case against Palparan and other accused.

But Olalia said whether the victim of a kidnapping is dead or alive, the case would continue, especially in the case of the two female students.

He said that some of the qualifiers in a kidnapping case include: if the victim is held more than three days and if the victim is female.

“In this case, we have a kidnapping with serious illegal detention because the victims are female and are missing for about six years now,” Olalia said.

Department of Justice Assistant State Prosecutor Juan Pedro Navera agreed with Olalia’s observation that Santos’ statement is just “bare allegation and very dangerous claim.”

Navera argued that even if the two students turn up alive, it would not disprove the allegation that Palparan was involved in their enforced disappearance.

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2 miners die of gas poison inside tunnel

ITOGON, Benguet – Two small scale miners died here last week due to gas poisoning inside a tunnel they were digging for ore.

Police identified the victims as Januario Lupa, 23, single and Silvano Ondog, 29, single and both natives of Manabo, Sumadel, Tinglayan, Kalinga.

Both were residents of Carpentry Area, Balatoc, Virac.

Investigation disclosed that on Jan. 28 at about 5 p.m. the victims entered a tunnel at Acupan, Virac.

When they failed to return home the next day, a search was made by miners who discovered their bodies.

Codies of the victims were retrieved by personnel of Safety Department of Benguet Gold Operation and later brought to Baguio Memorial Chapels in Baguio City.

According to James Floresca, mine contractor of 4J Contract, the victims were not his personnel.

He said the victims illegally entered the tunnel not knowing that the area was emitting poisonous gas.

A check on the miners shifting schedules dated Jan. 28 signed by the contractor disclosed the victims were not listed and were considered intruders.

Guards manning the gate to the tunnel issues passes to all miners entering Level 1500.

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3 women from Mt Prov, Kalinga nabbed for P7-M marijuana in Pampanga

MABALACAT, Pampanga – Three women from the Cordillera were nabbed here at Barangay Dau here Jan. 29 by cops for having in their possession hashish and marijuana leaves in brick form worth around P7 million.

Nabbed were Catherine Sangdaan Lamog, 44, widow and Julie Faraden Baggas, 37, married, both residents of Bontoc, Mountain Province.

Police also identified their companion as Yolanda Bocad, Adaol, 42, married, of Tinglayan, Kalinga.

Recovered from the suspects were 164 pieces of dried marijuana leaves in bricks form valued at P6,946,470.00; 15 pieces hashish valued at P362,500 and six pieces of P500 in marked money.

The suspects are now in the custody of Pampanga provincial Criminal Investigation and Detection Group while a case for illegal drugs was prepared against them to be filed in court.

Arresting officers included regional Cordillera police and CIDG agents.

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P’sinan exec defends eco-tourism project

LINGAYEN, Pangasinan – A ranking official of the Pangasinan provincial government has defended an eco-tourism project here against criticisms.

“The project is being politicized by people who have not achieved anything for Pangasinan and by those who have plans to pursue their political ambitions,” provincial administrator Rafael Baraan told a press briefing Monday.

Baraan dismissed as “illogical and unfounded yarns” reports on the eco-tourism project in the adjoining barangays of Sabangan, Estanza, Malimpuec, and Capandan, all in the western part of Lingayen.

“We have investments and we have our names to protect. This is not politics; this is governance,” he said.

Baraan said the discovery of magnetite sand at the project site which has whipped up the controversy was purely incidental.

He said it just so happened that in a particular portion of the proposed golf course, engineers of the Korean contractor discovered black sand deposit, which does not sit well with the development of the golf course because it could hinder the growth of fresh vegetation.

Baraan said a much bigger portion of the area is covered with lahar which also needs to be removed and replaced with garden soil.

He said the provincial government has been pursuing the multibillion-peso project with utmost transparency.

According to Baraan, extraction of the magnetite sand was being done with the approval of the Mines and Geosciences Bureau and in full view of the public “because we are not hiding anything.”

MGB records show there are 15 pending magnetite mining applications for La Union, 57 for Ilocos Sur, and 86 for Ilocos Norte, but none for Pangasinan.

Provincial Housing and Urban Development Coordinating Office chief Alvin Bigay said the portion of the proposed golf course where black sand was discovered is limited only to Barangay Sabangan and a small portion of Estanza.

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Mobile passporting set during Sabangan Gagayam Festival

By Gabriel Moguet

SABANGAN, Mountain Province – Processing of passports will be held here on March during the Gagayam Festival if plans don’t miscarry.

Town officials earlier asked the Department of Foreign Affairs to conduct the activity in coordination with the Department of Labor and Employment and Public Employment Service Office.

Funding for the activity was approved by the Sangguniang Bayan Jan. 27.

Nitz Lampac, executive secretary to the mayor, who was tasked by Mayor Donato Danglose to present the funding proposal to the SB, said Sabangan folk, especially the working class , usually had no time to process their passports at San Fernando City, La Union.

Board and lodging of DFA personnel and other expenses for the activity will be charged to the municipal government.

Miguela Limmayog, head of DOLE provincial office, said her office and PESO will be coordinating with the DFA Baguio or DFA Region 1(Tuguegarao), National Bureau of Investigation and the Professional Regulation Commission to come so that it would be a one-stop shop.

Local officials said if the DFA’s procedure on mobile passporting will be the normal procedure, the activity will be conducted before or after the celebration of Gagayam Festival so that the populace can appreciate more the activity as one can have his /her passport processed in just one day.

If however the DFA will make use of the electronic procedure, applicants will be determined earlier so that issuance will be during the celebration of the Gagayam Festival.

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