CA urged to stop eviction of John Hay lessee, investors

BAGUIO CITY -- The Court of Appeals (CA) was asked Thursday to protect the interest of more than 1,600 investors inside the 247-hectare Camp John Hay compound in this summer resort.

During the summary hearing conducted by the CA, the Camp John Hay Development Corporation (CJHDEVCO) reiterated its plea for the appellate court to indefinitely enjoin the Bases Conversion and Development Authority (BCDA) from evicting it as well as its sub-lessees or investors from the property.

CJHDEVCO lawyer Gilbert Reyes told the CA that the final arbitration award issued by the Philippine Dispute Resolution Center, Inc. (PDRCI) is binding only between the BCDA and CJHDEVCO, who are the parties in the case and not on their tenants or the investors.

Reyes said CJHDEVCO is ready to comply with the PDRC’s order for it to vacate the leased premises in exchange of P1.42 billion payment from BCDA provided that the rights of third parties are respected.

“There is no dispute that all the third parties, they are in good faith and they acquired the property in good faith,” Reyes said.

“They have valid contracts that should be respected by the respondent (BCDA),” he added.

Reyes said that under the original lease agreement it signed with BCDA in 1996 for the purpose of developing Camp John Hay into a wholesome family-oriented public tourism complex, CJHDEVCO has been authorized to sub-lease its properties.

He pointed out that the original lease agreement allowed CJHCDEVCO to keep the ownership of the improvements within the Camp John Hay until 20146.

Thus, he said, the demand of BCDA for the tenants to vacate the premises prior to the payment of the arbitral award violates the decision of the arbitration panel.