Sunday, May 27, 2012

'No shoot-to-kill order from BCDA: Tension grips John Hay as gov’t sets takeover



BAGUIO CITY -- Tension is gripping lessees of Camp John Hay here after the Bases Conversion and Development Authority unilaterally revoked its lease contract with private developer Camp John Hay Development Corp. a few days ago.

The BCDA has also ordered CJHDevCo to vacate the former American military rest and recreation center and pay its outstanding obligations amounting to P3.077 billion.

The BCDA, while addressing legal issues, is set to take over a 247-hectare portion of the former American rest and recreation base that it had leased to private developer CJHDevCo.

BCDA chief Arnel Casanova said they are ready for a legal war. “I’m ready to face charges, it comes with the job,” he said.

Meanwhile, Alfredo Yñiguez, chief executive officer of CJHDevCo, said they would file charges against Casanova for making “false representations to both the authorities involved and to the press about the real facts on the developments in Camp John Hay.”

This, as the security agency tasked to protect government property in Camp John Hay tagged as “outrageous, alarmist and totally baseless” the statement of the security agency of CJHDevCo that the BCDA has issued a “shoot to kill” order.

Placido Urbanes III, president of the Catalina Security Agency, said there was no such “shoot to kill” order from the BCDA,” as alleged by CJHDevCo’sWarbird Security and Investigation Agency.

“We were hired by the government to help protect personnel, property and facilities in Camp John Hay,” Urbanes said.

Catalina deploys security personnel to protect 625.4 hectares of government property in Camp John Hay, including the 301.9-hectare John Hay Special Economic Zone and the 323.5-hectare forest reservation area.

Tension has risen after the BCDA terminated its contract with CJHDevCo.

An officer of the security agency tapped by CJHDevCo to guard the contested facilities bared an alleged plan of the BCDA and its subsidiary, John Hay Management Corp. to use force in effecting the takeover despite pending legal issues.

Albert Escalderon, chief of Warbird Security Agency, earlier said they have gathered reliable information about the supposed plan of BCDA and JHMC “to forcibly take over the entire leased premises.”

“Our main concern is that your security guards posted within the John Hay premises were ordered to shoot anybody who would stand in the way during the forcible takeover by BCDA and JHMC,” Escalderon said in a letter to PlacidoUrbanes III, general manager of the Catalina Security Agency hired by the government agency.
           
But Catalina chief said: “In fact, it is CJHDevco and its security agency that are clearly violating regulations. They have violated the anti-squatting law when they put up illegal structures on BCDA’s property.”
           
“We will take the necessary legal steps to make sure those who issued the irresponsible statement are made accountable for the deception they have been spreading,” Urbanes said.
           
CJHDevco reportedly started issuing “alarmist” statements after BCDA terminated the contract with CJHDevco. BCDA  has also ordered CJHDevco to vacate John Hay and pay its outstanding obligations amounting to P3.077 billion.
           
The termination notice states that “CJHDevco has material and incurable breaches, including failure and refusal to pay the annual rent due to government for many years; failure to open an escrow account and deposit 50% of the Common Usage Services Assessment; fraudulent double-sale of a property given as payment to BCDA; violation of fire and safety laws in the Camp John Hay Suites; unlawful squatting of CJHDevco’s security agency; subcontracting of the water operations and distribution without BCDA’s consent; violations on safety, health and environmental regulations; and CJHDevco’s gross misrepresentation of its financial standing.”

Escalderon’s letter to Urbanes informed the latter of the writ of preliminary injunction issued by Judge CletoVillacorta III while reportedly ignoring the fact that the Baguio Regional Trial Court required CJHDevco to post a P736 million bond for the injunction to take effect.

Earlier statements by observers said that CJHDevco’s posting of the bond betray the fact that CJHDevco had money to pay for its obligations to government, that has now ballooned to more than P3 billion. – Alfred Dizon

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