CjhDevco told: Respect court decision
BAGUIO CITY -- The developer of Camp John Hay
has refused to follow an eviction order issued by Regional Trial Court here in
an arbitration case against the Bases Conversion and Development Authority
(BCDA).
Alfredo Yñiguez III, executive vice president
of Camp John Hay Development Corp. (CJHDevCo), said they could not be evicted
unless BCDA pays them P1.42 billion in rental they had paid over the years, as
ordered by the court.
This, even as BCDA officials said the
government agency has deposited April 17 the P1.42 billion refund for the
evicted CJHDevco at the Development Bank of the Philippines and constituted it
as escrow funds in favor of the Baguio RTC Branch 6.
Meanwhile, Yñiguez said the notice to vacate
issued by Judge Cecilia Archog on April 14 does not cover third party lessees
and locators, who have been abiding by their contracts.
In a letter to the partners of Camp John Hay
last April 21 or a day after the CJHDevCo received a copy of the writ of
execution and the notice to vacate, Yñiguez said they are ready, willing and
able to vacate the premises as soon as they would receive actual payment from
BCDA.
The court reportedly made it clear that the
writ of execution must be implemented simultaneously with the payment.
This, as locators and businesses want the
government to make transition inside Camp John Hay as orderly as possible and
for CJHDevCoto respect the court’s decision.
This is the general sentiment of business
people in this special economic zone, according to the head of the John Hay
Business Club (JHBC).
Ma. Teresa Pantaleon, president of the JHBC,
said her group wants the BCDA to ensure an orderly transition and for CJHDevco
to respect the court order.
JHBC members include hotels like Manor and Le
Monet, the Ayala Technohub, homeowners, service providers, and several
commercial establishments.
“The court’s notice is good for everyone to
move forward but we want normalcy and a peaceful transition,” Pantaleon said.
On April 20 the Office of the Ex-Officio
Sheriff of the First Judicial Region, Branch 6 of the Regional Trial Court in
Baguio City served a notice against CJHDevCo and “all persons claiming rights
under them” to vacate the premises of Camp John Hay.
The Notice to Vacate also ordered CJHDevCo to
promptly deliver the leased property, inclusive of all new constructions and
permanent improvements, to the BCDA within 30 days upon receipt of the said
notice.
The notice also read: “Failure on your part
to voluntarily vacate the subject premises within the given period, the Office
of the City Sheriff will enforce the Writ of Execution in accordance with the
rules prescribed by law."
“John Hay has so much potential and
(development efforts) will be better without CJHDevco,” Pantaleon said.
The 42-year old business and civic leader
cited the unfortunate experience of the BCDA with CJHDevco adding that if only
government had the right business partners to deal with, “John Hay would have
been a much better place (for investments) than it is right now.”
Pantaleon said the business club will respect
the decision of the court as she urged “well-meaning CJHDevco officials to just
respect the court order.”
The court’s notice of eviction is expected to
be a prelude to finally close the long-running legal tussle between CJHDevCo
and the BCDA.
“It is important that we are united and we
want a smooth transition,” Pantaleon said and cited that some sublessees who
entered into original contracts with the departing CJHDevco might be facing
legal problems.
“I am sure JHMC (John Hay Management
Corporation) will take care of them,” Pantaleon said.
JHMC is a subsidiary of the BCDA and is
tasked to oversee the development of the former US military camp in Baguio
City.
A number of sublessees and sublocators were allegedly
duped by CJHDevco to enter into lease contracts for 50 years in spite of the
latter’s lease agreement with the BCDA for only 25 years.
The BCDA claimed that CJHDevco failed to
disclose these transactions in spite of the government’s repeated demand for
transparency.
Earlier, the BCDA through its president and
CEO ArnelPaciano Casanova said that the sublessees are part of the notice to vacate
and, therefore, CJHDevCo should be held liable to these sublessees for damages.
"Sublessees should lay claim to the P1.4
billion that BCDA will be returning to CJHDevCo as part of the Writ of
Execution," Casanova said.
Pantaleon, on the other hand, said unlike
commercial establishments with yearly contracts, most of those affected by
contracts tainted with irregularities are hotel residents or homeowners or
buyers of log homes.
“Tens of millions of hard earned money by
some of these buyers were invested for their vacation place or retirement
home,” Pantaleon said and expressed concern that some of these buyers who
originally dealt with CJHDevco will be affected by the eviction notice.
“The JHMC Help Desk is also a good thing,”
she said referring to the government’s support center inside Camp John Hay for
sublocators and sublessees which will eventually demand compensation from
CJHDevco for the unfinished portion of their contracts.
Pantaleon, who owns a restaurant along John
Hay’s commercial complex, added the club has commissioned the services of third
party lawyers to help club members who might be facing legal issues.
According to Pantaleon, JHMC is set to call
the next quarterly meeting of all John Hay locators within the month to
discuss, among other issues, the court’s recent eviction notice to CJHDevco.
“JHMC has been very transparent, but with
CJHDevco, we never had any meetings,” Pantaleon said.
She added that the club is looking for more
family-oriented businesses to enter John Hay. “We wish to have more
commercial areas developed,” she said adding that a skating rink, a batting
range, bowling alleys, and additional amusement parks are some of the proposed
projects with JHMC.
“We’d like to involve the people of Baguio
also and to revive the old time when Americans maintained sports and recreation
facilities,” she added.
Pantaleon said the club’s successful
transport mobility project inside John Hay, where cabs are readily available to
the commuting public for increased number of visits, paved the way for their
support to the city-based Walk Happy Baguio in which a huge parking terminal is
allocated for motorists to encourage walking around the city and to lessen
noise and air pollution.
The group is also working for the issuance of
a Camp-wide discount card to encourage more tourists to visit John Hay’s
commercial areas.
The business club is confident that in the
wake of CJHDevco’s eviction, more locators will come and comfortably deal with
government without the unnecessary strain of a legal dispute. – With a report
from Roy Victor R. Rosales