BCDA welcomes Baguio court order for John Hay leseee to post P736 bond
>> Monday, July 30, 2012
BAGUIO CITY -- The Bases Conversion and Development Authority
(BCDA) welcomed the decision of the Baguio regional trial court (RTC) ordering
the Camp John Hay Development Corp. (CJHDevCo) to post a P736-million bond to
put in effect the writ of preliminary injunction filed by the John Hay lessee.
With the order, the court rejected the P31-million offer made by
CJHDevCo to prevent a government takeover of its leased properties in Camp John
Hay, and upheld the original amount of the bond to protect government’s
interest.
In a statement, BCDA president and CEO ArnelPaciano Casanova said
the court order simply confirmed the validity of the arbitration clause in the
contract and directs both parties to observe this, and never touched on the
merits of the case.
“The arbitration clause in our contract does not in any way
impinge upon or prevent the BCDA from exercising its rights,” Casanova said.
He added there is nothing in the court order that says the BCDA
cannot exercise its remedies under the contract and existing laws.
But CJHDevCo yesterday asked the BCDA to comply with the court
order to submit itself to arbitration and abandon its plan to take over the
Camp John Hay.
Lawyer Manuel Ubarra Jr., CJHDevCo spokesman, said the BCDA, being
a state-run firm, must comply with the court order on arbitration to settle all
the disputes on the developer’s lease payment involving the development of the
247-hectare former American rest and recreation
hub.
CJHDevCo also questioned the reported bid of the BCDA to collect
payments from locators and sub-lessees in its 247-hectare leased property.
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