Baguio sets charges against BCDA over John Hay rules

By Dexter A. See

BAGUIO CITY – Mayor Mauricio G. Domogan said the city government is set to file charges of specific performance against the State-owned Bases Conversion and Development Authority (BCDA) to compel the government agency to strictly comply with 19 conditions imposed by the local government for the development of the 247-hectare Camp John Hay Special Economic Zone, particularly the direct segregation of the total land area covered by the 14 barangays, from the 686-hectare John Hay reservation.

 “We do not adhere to the contention of BCDA that only the occupied areas in the 13 barangays will be the ones to be segregated from the John Hay reservation because such proposal is contrary to the 19 conditions imposed by the city government for the development of the former American rest and recreation center,” Domogan said.

            

He added BCDA continues to exercise supervision and control over areas like those occupied by public schools, barangay halls, day care centers and other areas for public use which are supposed to be already segregated in favour of the city government contrary to the spirit of the 19 conditions.

            

According to him, it will be easier for BCDA to segregate the 13 barangays from the John Hay reservation since the local government will be obliged to preserve and protect the unoccupied areas in order to prevent the proliferation of informal settlers and land speculators that would significantly complicate the city’s density, especially in the areas that are still within the forest and watershed reservation.

            

Domogan also questioned BCDA for its failure to recognize the building and occupancy permits issued by the city building official covering several structures within the special economic zone considering that the local government is empowered to do so, thus, BCDA can question the city’s authority to issue building and occupancy permits in the proper forum.

            

While the city government supports the initiatives of BCDA to collect the unpaid lease rentals from the developer and subsequently terminate its lease contract, Domogan disclosed under the terms and conditions of the contract, all improvements within the special economic zone should be turned over in favour of the city government,  thus, the BCDA should comply with the said condition.

            

Considering that both BCDA and the developer, Camp John Hay Development Corporation (CJHDevCo), are now in arbitration, Domogan called on both parties to respect status quo within the special economic zone and refrain from doing any actions that would affect the continuous operation of the former American base as a special economic zone.

            

Because of the changing of the guards in BCDA since the signing of the lease agreement in October 1997, Domogan said the segregation of the 13 barangays from the John Hay reservation went through numerous deliberations and consultations that eventually resolved controversial issues thereby mandating the segregation of the total land area of the concerned barangays instead of segregating only the occupied areas within the barangays.

            

However, when the new set of BCDA officials took over, Domogan claimed they again complicated the approved solution to the problem by adopting a different stand wherein only the occupied areas in the 13 barangays will be segregated from the reservation.

            

Domogan also questioned the motive of BCDA in trying to invalidate the certificate of ancestral domain title (CADT) issued by the National Commission on Indigenous Peoples (NCIP) in recognition of the domain of the Ibaloi indigenous cultural communities and indigenous peoples, saying that such action of the BCDA only shows the disrespect of the government to a valid order coming from duly constituted authorities.

            

Instead of working together in coming out with possible win-win solutions to the existing issues and concerns inside the former American base, Domogan claimed BCDA has repeated antagonized stakeholders, the city government and concerned government agencies through its one-sided stand on prevailing issues that is now causing an impasse in the implementation of friendly business policies in order to attract the influx of investors and more tourist arrivals in the city.