Court to Camp John Hay developer: Vacate area
>> Tuesday, May 5, 2015
BCDA warned of
lawsuits over evictions
BAGUO
CITY –The Office of the ex-officio sheriff of the Regional Trial Court Branch 6
served notice to vacate Monday to private developer of Camp John Hay here
following outcome of a legal battle with the Bases Conversion Development
Authority.
The order was addressed to Camp John Hay
Development Corp. “and all persons claiming rights under them [CJHDevCo].”
For this, the BCDA may face lawsuits should
it insist on evicting locators and lessees here at Camp John Hay, CJHDevCo
officials said.
The camp’s developer issued the warning last
week the RTC issued eviction order against it following the resolution of an
arbitration case with BCDA.
CJHDevCo executive vice president Alfredo
Yñiguez III said the locators invested in good faith and are protected by law.
He said the writ of execution and the notice
to vacate issued by Baguio Judge Cecilia Archog stated that BCDA must first pay
P1.42 billion it owes to CJHDevCo.
Yñiguez said the payments made by the third
party locators and lessees were credited in the final award as BCDA’s payment
for the interest it owed.
CJHDevCo lawyer Gilbert Reyes said BCDA
benefited from the payments made by investors at the camp.
This, as Rep. Nicasio M. Aliping Jr. said he
with other city officials will press the BCDA to remit the city government’s 25
percent share of rentals from Camp John Hay.
When Aliping learned of the vacate order Wednesday,
he said he will talk to BCDA president and CEO Arnel Paciano Casanova on how to
collect the city’s share from the PP 1.4 billion the Philippine Dispute
Resolution Center, Inc. (PDRCI) ordered the government-run corporation to
return to CJHDevCo.
The amount represents the rental CJHDevCo
paid to BCDA for the first years of its operations of the former American rest
and recreation facility located in Baguio.
Previous to the issuance of the notice,
Casanova said the city can collect its share from the amount BCDA is set to
return to CJHDevCo.
He also gave similar advice to other third
parties of interest to the case particularly the locators, sub-lessees, unit
owners, and golf club members.
It was learned that Archog ordered BCDA to
set up a trust fund, the amount would be deposited and which the court will
disburse to CJHDevCo depending on the latter’s compliance to the writ of execution
she penned based on the PDRCI judgment.
Casanova said that city and other locators,
sub-lessees, unit owners, and golf club members can recoup their paid rentals
from this amount.
He also advised them to seek legal counsel on
how to collect their paid rentals to CJHDevCo.
Aliping said he will make it his priority
when Congress resumes its sessions on May 4 to collect what is due to the city
now that all the court cases are over.
“We have a pending House of
Representatives resolution with the House committee on bases conversion calling
for the automatic deduction of the city’s share from the amount the BCDA is
supposed to refund to CJHDevCo.”
There are 118 business establishments in Camp
John Hay, including 85 residential structures and 384 hotel rooms with 75% of
them sub-leasing from CJHDevCo.
The Sobrepena-led CJHDevCo also has stakes in
at least three establishments sub-leasing from the private development company.
These are the Forest Lodge, The Manor (both
hotels) and the Camp John Hay Golf Club and Clubhouse.
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