Libel case against BCDA dismissed, recon denied

After last week’s suspension of warrants of arrest issued against its directors, the Bases Conversion and Development Authority again finds itself in the winning side of its battle against Camp John Hay developer, CJH Development Corporation, led by Robert John Sobrepeña, when the City Prosecutor for Baguio denied CJH DevCo’s motion for reconsideration of the dismissal of the libel complaint against BCDA’s directors.

In an 11-page resolution, Acting City Prosecutor for Baguio Gerald D. Eala stated that “CJH DevCo … failed to show sufficient evidence to support their conclusion that the BCDA in fact entertained serious doubts as to the truth of their publication.” In contrast, stated the resolution, “the evidence of [BCDA] show that they acted in good faith and were duty bound to inform the
public of the current state of affairs of CJH DevCo.”

To drive home the point further, Prosecutor Eala said that “The inclusion of [of BCDA’s estafa complaint against CJH DevCo] in the “Notice” was not meant to insult, embarrass, or degrade Robert John Sobrepeña and the other officers of the CJH DevCo. Its only purpose is to inform the public that CJH DevCocommitted what the BCDA perceived to be wrong and it does not matter whether the [Estafa] case of CJH DevCo has already been resolved or not.”

It will be recalled that last April 2012, BCDA published a notice stating that, among others, CJH DevCo owed the government P3-Billion and that BCDA filed an estafa complaint against CJH DevCo because the latter paid BCDA a property which it has previously already sold to another. Based on this notice, CJH DevCo filed a libel complaint against BCDA directors in the City Prosecutor of Baguio. A few months after, Sobrepeña filed another libel complaint in Pasig City, alleging the same facts and citing the same law.

BCDA President and CEO Arnel Paciano D. Casanova welcomed the news. “Suits like this, though obviously baseless, are a necessary hazard of our jobs as public officers”, Casanova said. “We cannot shirk away from our duty to protect government property and the investing public just because there is a threat of legal action against us by a disgruntled party. We must perform our public duty without fear.”

Baguio City Acting Prosecutor for Baguio City Elmer Surot dismissed the first libel complaint. CJH DevCo filed a motion for reconsideration, which was denied by Prosecutor Eala. On the other hand, the City Prosecutor of Pasig City Jacinto Ang found probable cause in the complaint filed by Sobprepeña and filed the case in the Regional Trial Court of Pasig. Upon BCDA’s motion for reconsideration and inhibition of Prosecutor Ang, the investigation was forwarded to the Department of Justice. Based on the Prosecutor Ang’s inhibition, Pasig City RTC Judge AmorfinaCerrado-Cezar stated that, “this Court, in the interest of greater justice, is inclined to grant the suspension of the issuance of warrant of arrest against the afore-name accused.”

Currently, BCDA and CJH DevCo are embroiled in a legal conflict over the government-owned Camp John Hay in Baguio City. CJH DevCo’sobligations to government has now ballooned to a staggering P3 Billion because of its refusal to do good on its obligations to the government. BCDA also filed various criminal cases against CJH DevCoand its directors for the latter’s questionable business practices.