John Hay developer seeks arbitration in cases against BCDA

BAGUIO CITY-A lawyer of the Camp John Hay Development Corporation (CJH DevCo) on Sept. 18 questioned the motive and funding of the Bases Conversion and Development Authority (BCDA) to continuously file cases and place negative media releases and advertisements against the real estate developer of Camp John Hay instead of sitting down with the corporation in arbitration, as mandated in their agreements.

CJH DevCo spokesperson lawyer Manuel Ubarra noted that since 2010, BCDA president Arnel Casanova has filed five cases, and launched several media offensives, including full-page advertisements in major broadsheets, against the CJH DevCo, oftentimes resulting in libel cases embarrassing the government due to the accusations contained in the media releases of Casanova.

The developer highlighted a case that BCDA filed against CJH DevCo for squatting when it turned out that the subject security guards of CJH DevCo accused of sleeping in alleged BCDA property were in fact in property that was within the 247-hectare leased area of CJH DevCo.

In another case, the BCDA accused the CJH DevCo of a “double sale” when in fact, in the “alleged” first sale that BCDA was referring to, the supposed buyer executed an affidavit confirming that he had already abandoned his offer to purchase, refuting the baseless charge of the BCDA.

“There could be no double sale when there is no first sale to speak of,” Ubarra said.

In its latest case, the BCDA accused the CJH DevCo officials of malversation of public funds but the courts dismissed the 50 counts of malversation against CJH Devco directors and officers in this case for lack of merit.

The CJH DevCo appealed to the BCDA to save governments funds and instead follow the grievance procedure dictated by law and ordered by the RTC of Baguio.

The Regional Trial Court of Baguio ordered the BCDA to sit down in arbitration with CJH DevCo as early as 2011.

Casanova has expressed willingness to comply in statements to the media.