Sublessees caught in middle of BCDA, developer fight
BAGUIO CITY - A lawmaker from Pampanga is seeking an inquiry into the mess at Camp John Hay in Baguio City involving its private developer, the state-run Bases Conversion and Development Authority and the locators.
In
Resolution No. 2107, Rep. JosellerGuiao said hundreds of investors and locators
at the former US military facility are caught in the fight between the BCDA and
the Camp John Hay Development Corp.
Guiao
said an arbitration tribunal has ordered the CJHDevCo to vacate the facility,
while the BCDA has been directed to reimburse the developer with P1.4 billion
in rental payments for the facility.
The
state-run agency has been trying to collect more than P3 billion from the
developer in back rentals.
Guiao
said the developer leased the units for 50 years, when its contract with BCDA
was good only for 25 years.
The BCDA
Friday slammed the Sobrepeña-led CJHDevCo for” misleading the Court of Appeals
to issue temporary restraining order that put on hold a portion of
writ of execution that orderedCJHDevCo and all persons claiming
rights under them or sublessees to peacefully vacate Camp John Hay.”
The
Office of the Executive Clerk of Court and Ex-Officio Sheriff of Baguio is in
charge of implementing the writ of execution.
"CJHDevCo
blatantly misled the Court of Appeals of various lies that formed the very
foundation for the issuance of TRO," BCDA President and CEO ArnelPaciano
D. Casanova said.
He
said CJHDevCo misled the CA to believe that there was going to be violence
following the end of the 30-day notice to vacate. "I'm very sure that the
sheriff of Baguio who is implementing the writ of execution and notice to
vacateand assisted by the Philippine National Police , will not start any
violence. So does that mean that the Sobrepeña-led CJHDevCo has threatened to
provoke violence against the Baguio sheriff?" Casanova said.
Casanova
addedCJHDevCo mislead the CA by saying the P1.42 billion is
advance rental payments when in fact it is a refund that should be paid
by CJHDevCo to sublessees.
The
Arbitral Tribunal of the Philippine Dispute Resolution Center, Inc. came out
with its final award that ordered CJHDevCo to vacate Camp John Hay
and promptly deliver the leased property, inclusive of all new
constructions and permanent improvements to the BCDA.
The
final award also ordered the BCDA to return to CJHDevCo the amount of P1.42-B
which the CJHDevCo paid to the BCDA as lease payments.
BCDA
complied with the writ of execution on the P1.42 billion that is now in
an escrow account under the direct control of the Baguio Court.
Casanova
said from day one of its operations, theSobrepeña-led CJHDevCo may have
been misleading people to avoid accountability to the sublessees.
“CJHDevCo
has misled their sublessees by selling them 50-year lease hold rights when in
fact the primary or main lease between BCDA and CJHDevCo is only 25 years
renewable for another 25 years. The 25 year renewal is not a vested right but
merely an option. The renewal is not automatic but subject to negotiations by
the parties upon exercise of the option. CJHDevCo collected payments for 50
year leases.
“The
Sobrepena-led CJHDevCo would like to get hold of the P1.42 billion and at the
same time run away from their responsibility to return the lease payments
its sublessees have already paid.”
Casanova
said that the sublessees should now seriously claim from the P1.42 billion that
the BCDA is returning to CJHDevCo.
“The
only way for the CJHDevCo’s victims to recover their investments and protect
their interests is to lay claim to the P1.42-B that the BCDA deposited in
the court,” Casanova said.
Casanova
also disclosed that CJHDevco has no authority and license to sell
condominium/hotel, lots or house and lots as they are not authorized by the
Housing and Land Use Regulatory Board (HLURB). “They misled third parties
by making it appear that they are allowed to sell hotel units and house and lot
within the leased area, when in truth it is just a sublease.”
“At
present, CJHDevCo has no authority to operate in the Camp John Hay because
there is no longer an existing contract between BCDA and CJHDevCo and that
CJHDevCohas not been issued a permit by the John Hay Management
Corporation,” Casanova said.
According
to him, “CJHDevCo's misleading the CA is a violation of the rule of
law, not to mention a desperate act to delay the inevitable at the expense of
sublessees and the Filipino people.”
He
said it was CJHDevCo who compelled the BCDA to undergo into the arbitration
process. The CJHDevCo filed for a petition to confirm the final award of the
PDRCI Arbitral Tribunal before the Baguio RTC.
Casanova
added the court confirmed the final award that paved the
way for the writ of execution issued by Judge Cecilia
Corazon Dulay-Archog and its eventual implementation by the Baguio
Sheriff. All of a sudden, CJHDevCo would want to defy the court decision
that it had asked for.
"By
misleading the CA to issue a TRO, CJHDevCo has shown its defiance and contempt
towards the rule of law," Casanovasaid.
Casanova
said the BCDA will exhaust all legal remedies, adding it had been consistent in
respecting the rule of law. "Our previous actions clearly show that the BCDA
has abided with the orders of the judge." He added that CJHDevCo should do
the same.
The
BCDA also expressed its concern with the way CJHDevCowas trying to delay the
inevitable at the expense of some sublessees whom they have reportedly been led
to believe that the notice to vacate was not directed at sublessees.
“It
was very clear during the pre-execution conference held on April 17, 2015
between BCDA and CJHDevCo in the presence of Judge Archog of the
Baguio RTC Branch 6 that “third party investors or vested right holders”
which the court referred to as sublessees are covered by the Final Award issued
by the Philippine Dispute Resolution Center, Inc,” he said.
Camp
John Hay sublessees were advised to consult the BCDA and JHMC at: Baguio
Help Desk: (074) 423-5403, (074) 422-1963 and at jhmc@jhmc.com.ph; Manila Help Desk:
(02) 575-1700 local 1728 and 1734 and at johnhay@bcda.gov.ph.
Casanova
said the priority of the sublessees is to protect their investment and not
fight the losing battle of CJHDevCo.
Quite
a number of sublessees have already signed up with the BCDA guaranteeing the
continuity of their business operation or lease including former Senate
President ManuelVillar and Congressman Eric Singson.
Last
April 20, 2015, the Sheriff of Baguio started serving the notice to vacate to
CJHDevCo and all persons claiming rights under CJHDevCo. The latter refers to
sublessees. CJHDevCo and the sublessees were given 30 days to peacefully
and orderly vacate Camp John Hay. The 30 days ended on May 20, 2015.
Based on
the notice to vacate, and prior to the TRO, following the end of the 30-day
notice, the Baguio sheriff is compelled to forcibly evict those who have not
vacated. – With a report from Melody Brawner