BCDA, CJH lessee ‘war’ on with countercharges

BAGUIO CITY – The Bases Conversion and Development Authority said it views the filing of the libel complaint by Camp John Hay Development Corp. against its board of directors as an “act of harassment” intended to derail its efforts in holding CJHDevCo accountable for its acts and omissions. 

           

“The libel case filed by CJHDevCo against the BCDA board of directors was a last ditch effort to evade their contractual obligations to government amounting to a P3 billion,” the BCDA said in a press statement. 

The BCDA denounced the “malicious and baseless filing of a P100-M libel case against its board of directors as a  mere smokescreen to cover up the real issue which is  CJHDevco’s non-payment of its P3-B lease to government.”

The BCDA press statement said the proceeds of said lease payments will be turned over to the national government and local government of Baguio City for its  development programs and projects.

The statement said its “published notices were based on findings of facts, orders and resolutions issued by various government agencies. If CJHDevco has any doubt as to the veracity of the findings of facts and conclusions, they should raise these questions before the respective issuing government agency.

“The lease agreement between the BCDA and CJHDevco is not for a period of 50 years, as claimed by the CJHDevco.  It is very clear in Article II Section 2 of the 1996 Lease Agreement that the term of the lease is  twenty-five years renewable for another twenty-five years. Article II Sec. 2 of the said agreement provides:  “Unless sooner terminated… this Agreement shall have a term of twenty-five (25) years, renewable for another twenty-five (25) years under the same terms and conditions at the option of the Lessee.”

This contractual provision was reportedly based on Article XII Section 3 of the 1987 Philippine Constitution which limits the lease period of public land for not more than 25 years. Article XII Sec. 3 provides: “Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding 25 years, renewable for not more than 25 years.”

The BCDA said the filing of this harassment suit will not deter it from performing its duty to uphold and protect the rights and interests of the Government and the Filipino people.

“Definitely, it will not derail BCDA’s efforts in holding CJHDevco accountable for its acts and omissions.”

The BCDA maintained that there was no malice or falsehood in the notice it published last April, saying it only acted in the performance of its duty to protect the public interest in Camp John Hay. 

“Moreover, the notice was based on findings of facts, orders, and resolutions issued by various government agencies. Any question that CJHDevCo may have as to the veracity of these findings of facts and conclusions should be raised properly before the government agency that made them,” it said.

A perjury complaint was filed last week by the developer of Camp John Hay in Baguio City against the president and chief executive officer of the BCDA before the Office of the Manila Prosecutor’s office.

Accompanied by former solicitor general Frank Chavez, Manuel Ubarra Jr., vice president for litigation of the Camp John Hay Development Corp. (CJHDevCo), filed a perjury complaint against BCDA president ArnelPaciano Casanova.

Chavez is representing Ubarra in the complaint.

In his 10-page complaint affidavit, Ubarra alleged that Casanova wrongly accused CJHDevCo officials of using false pretenses to deceive and induce the agency to enter into a “dacion en pago” agreement on May 27, 2011, in order to settle its outstanding obligation with the BCDA.