Showing posts with label petitions. Show all posts
Showing posts with label petitions. Show all posts

More CJHDevCo sub-lessees withdraw injunction against Camp John Hay recovery

>> Sunday, March 2, 2025


BAGUIO CITY -- More sub-lessees of CJH Development Corporation (CJHDevCo) have withdrawn their injunction application seeking to stop the Bases Conversion and Development Authority (BCDA) from fully recovering its Camp John Hay property, after a Baguio court denied a similar application filed by other CJHDevCo sub-lessees.
On 05 February 2025, Branch 79 of the Baguio Regional Trial Court (RTC) denied the application of several foreign nationals, asking for a temporary restraining order (TRO) to stop the return of the 247-hectare Camp John Hay property, together with all improvements, to the BCDA. 
Following this favorable ruling for BCDA, another group of CJHDevCo sub-lessees, who had filed a similar TRO, has now withdrawn their application. 
“We understand the plight of those affected as they were deprived of their hard-earned money with false promises of owning homes and having lucrative investments.
However, blaming the government, which is simply following the final ruling of the Supreme Court, would be misdirected.
We encourage all stakeholders to reach out to us so we can help untangle all confusion and clarify uncertainties regarding their situation, and explore proper remedies under the law. We call on all stakeholders not to be misled by statements repeatedly issued by other parties," said BCDA Chairperson Atty. Hilario B. Paredes. 
Atty. Paredes emphasized that the Supreme Court, in its final ruling, reversed the Court of Appeals ruling and upheld the arbitral award, saying that the leased property, including all new constructions and permanent improvements, must be returned to the BCDA.
The Supreme Court likewise reinstated the Writ of Execution issued by Branch 6 of Baguio RTC and the Notice to Vacate issued by the court’s ex-officio sheriff insofar as persons claiming rights over improvements in Camp John Hay are concerned.
The BCDA reaffirms its pledge for a smooth and orderly transition in Camp John Hay. All stakeholders affected during this period are encouraged to reach out to the BCDA to discuss reasonable concerns within the bounds of the law.
They may contact the BCDA Help Desk via email at cjhhelpdesk@bcda.gov.ph or phone via (+63) 962 534 9397 or (+63) 954 976 8295.

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Domogan banned in CJH golf course; sets case against BCDA

>> Monday, January 20, 2025

 Gov’t agency denies accusations


BAGUIO CITY — Former Baguio City congressman and mayor Mauricio Domogan said he will file an amended complaint against Bases Conversion and Development Authority “to protect security of golf shareholders at Camp John Hay.”
This, after Domogan, along with two others, were "banned" by BCDA from playing at Camp John Hay golf course, as the latter said, playing at the course "is a privilege and is not a matter of right."
The BCDA in a press statement, decried Domogan’s accusations.
“Ever since Atty. Mauricio Domogan was publicly banned from the Camp John Hay golf estate facilities, he has gone above and beyond to discredit the current management for withholding the privileges he had enjoyed during the term of the previous management. He has gone public with pronouncements decrying the treatment of club members and fueling accusations that the Bases Conversion and Development Authority (BCDA) and their private partners laid off workers at the properties upon the transition. These pronouncements are categorically false.”
(See complete statement of BCDA on the matter in “Behind the Scenes” page 4 -- ed)
By virtue of a Supreme Court decision, the BCDA took over management and operation of CJH golf course from Camp John Hay Development Corp. where golfers like Domogan paid shares.
After taking over the golf facility, BCDA tapped Golfplus Management Inc., Turfgrass Management Inc. and DuckWorld PH to oversee interim operation of the facility.
In a press conference Wednesday, Domogan said shares paid by member-golfers to Camp John Hay Development Corp. were recognized by government through Securities and Exchange Commission.
BCDA gave its approval to formation of the golf club and it is not difficult on the part of BCDA to understand shareholders have rights to be respected. Domogan said.
He added the case he filed in court can be withdrawn if BCDA starts recognizing security of shareholders and put in writing these shareholders, including their dependents, will enjoy playing rights and other benefits until 2046.
Domogan said shareholders greatly contributed to development of Camp John Hay, a former US military recreation facility.
Domogan was the mayor when the master development of Camp John Hay was endorsed by Baguio City Council more than 20 years ago.
Aside from Domogan, the BCDA board of directors also approved to ban Federico Mandapat, Jr. and Marciano Garcia from playing at Camp John Hay golf course until further notice.
Sources said Garcia will only be allowed to play after he withdraws as one of complainants to the case filed against BCDA.
 

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‘Final and executory’ : Comelec denies petition vs Gov Lacwasan’s candidacy

By Gina Dizon

The Commission on Elections ruled “final and executory” denying the petition opposing certificate of candidacy of Gov.  Bonifacio C. Lacwasan Jr for the position of governor of Mountain Province in the May 12,2025 elections.
Following the motion for reconsideration filed by petitioner Johnny Lausan, the Comelec en banc in their Jan. 15, 2025 decision, ruled their resolution dated Jan. 7, 2025 was ‘final and executory in accordance with rules of procedure that a decision or resolution  of the Comelec en banc in special actions shall become final and executory after five days from receipt of resolution  unless  restrained by the Supreme Court.”
The Comelec noted no restraining order was issued by the Supreme Court within five days from receipt of the parties that would preclude the Jan. 7, 2025 resolution by the Comelec en banc being ‘final and executory’ under Comelec rules on procedure and resolution 11046.
 The MR filed by petitioner Lausan was denied by the Comelec en banc that affirmed the ruling of the Comelec First Division having denied said motion for lack of merit.
Earlier, petitioner Lausan in his complaint to the First Division December last year claimed that Lacwasan violated the three-term limit rule on filing of candidacy.
The First Division junked the petition ruling that Lacwasan did not violate the 3-term-limit in their Dec. 11,2024 ruling.
“Clearly, Lacwasan was appointed and not elected as governor of Mountain Province,” the First Division stated in their resolution.
A consequent ruling of the Comelec en banc affirmed the decision of the First Division on Jan.  7, 2025.
 Lausan in his petition claimed that Lacwasan violated the 3-term limit rule claiming that  at the end of  the 2022-2025  term, Lacwasan fully served three terms and barred from running again for the fourth time.
But the Comelec en banc ruled: “We find no cogent reason to depart from the assailed resolution of the Commission (First Division)”.
The First Division of the Comelec ruled Lacwasan was not subject to the 3-term limit rule since he assumed his position as vice governor of Mountain Province and served in that capacity in the full 2016-2019 term.
“Clearly, Lacwasan was appointed and not elected as governor of Mountain Province,” the First Division stated in their ruling dated Jan. 7,2025.
Lacwasan assumed the gubernatorial post till June 30, 2019 following the death of the late Gov. Leonard Mayaen in March 31,2016.
He was subsequently elected and won in two consecutive terms as provincial governor in the 2019 and 2022 elections.
The First Division noted Supreme Court jurisprudence citing two requisites for the applicability of the disqualification under the three-term limit.
One, the official concerned has been elected for three consecutive terms in the same local government post; and second, the official concerned has fully served three consecutive terms.
The Comelec in its ruling  also noted  section 8 of  the 1987 Constitution which stated: “The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.”
The Comelec clarified that Lacwasan “did not lose title of the Office of the Vice Governor when he was appointed as Acting Governor in 2016 as he was merely prevented from exercising the functions of his office by reason of his assumption of the post of Governor as provided for and by operation of law” when a permanent vacancy arose due to the untimely death of former winning Gov. Mayaen in the 2016 elections.
The petitioner claimed Lacwasan in his COC constituted false material representation because  he (Lacwasan)  is ineligible on account of the three term limit rule.
The Comelec en banc ruled the motion for reconsideration had no valid ground and that the assailed resolution was neither without sufficient basis found in the records nor of the law.

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Cordi activists file RTC petition vs terrorist tag

>> Thursday, December 7, 2023

   

By Aldwin Quitasol

BAGUIO CITY - Four Cordillera activists tagged “terrorists” by the Anti-Terrorism Council (ATC) filed a petition at the Baguio Regional Trial Court here Nov. 23 challenging the ATC's designation against them.
    Cordillera Peoples Alliance (CPA) leaders Windel Bolinget, Sarah Abellon-Alikes, Jennifer Awingan-Taggaoa, and Stephen Tauli in the first legal action filed in court sought to overturn the “terrorist” designation citing infringement of their constitutional rights.
    On July 10, 2023, an ATC Resolution 41, signed June 7, 2023 designated them as terrorists.
    CPA chairperson and petitioner Bolinget described the designation “assault to their basic rights” as it has effectively frozen their bank accounts and other assets including the CPA itself, “deprived them of fully practicing their work and advocacy and ultimately subjected them to further harassment, humiliation, and threats.”
    The legal initiative renewed calls for junking of the Anti-Terror Law (ATL) following 37 petitions filed in 2020 before the Supreme Court by various groups and individuals of which Bolinget himself was one of petitioners against the ATL.
    “We knew from the start that this law would only be weaponized in silencing dissent. They try to make us falter; we, indigenous peoples and human rights defenders. But we will never deter. This legal action is a testament to our unwavering resolve and unity in standing up for our civil liberties. CPA is a legal and legitimate organization. I am a proud Igorot activist, not a terrorist,” said Bolinget.
    Before the terrorist designation, Bolinget, Abellon-Alikes, Awingan-Taggaoa, and Tauli had reportedly been subjected to relentless harassment and threats by state security forces–varying from filing of trumped-up charges, illegal arrest and detention and abduction.
    This was alongside other harassment and false charges filed against other CPA members and leaders throughout the region despite CPA’s long track record in the defense of indigenous peoples’ rights, recognized both locally and internationally.
    The petition was crafted by a team of esteemed lawyers and groups including the National Union of Peoples Lawyers (NUPL) which included attorneys Tony La ViƱa, Carlos Zarate, Ayangwa Claver, Marben Panlasigui with Baguio city councilor Jose Molintas as lead counsel.
 

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Sagada folks oppose upped taxes, fees

>> Sunday, November 12, 2023

By Gina Dizon

SAGADA, Mountain Province -- Resident- taxpayers here in this tourist town opposed the increased rates in the proposed Municipal Revenue Code of 2023 revising the 2017 Revenue Code and demanding suspension of the proposed ordinance.
    This, following an earlier consultation last month the proposed code be subject to further study and consultation.
    Separate petition letters signed by some 300 plus taxpayers here in the central town were sent to Mayor Felicito Dula and Vice Mayor David Buyagan indicating their protest on municipal business permit fees and business taxes having increased to 150% to 200%.
Tourist guides shall be paying P1,500 business permit fees from the current P500.
    So too with masseurs, coffee shop and resto owners to pay the same business permit fee of P1,500 from the current 500.
    That, on top of other municipal fees to be paid: police clearance, sanitary permit, business taxes and others.
    A taxpayer thus pays P5,000 to 7,000 and more for a business permit on top of the 3% tax rate on gross receipts of business establishments collected quarterly by the Bureau of Internal Revenue.   
    Taxpayers are most affected exacerbated by increase of prices of commodities and decrease of tourist arrivals here in Sagada as noted before the pandemic with tourist arrivals reaching nearly 200,000 in 2019.
    Now, tourist arrivals since the town opened tourism in December 2022 obviously dwindled and have not even reached a 100,000 as Oct. 31.
The recent long weekend and holiday arrivals from Oct. 27 to Nov. 4 showed a breather of some 6,500 visitors where a number of residents benefitted.  
After that showed another long period of a small number of weekend tourists until the December holidays.
With some 90,000 arrivals this year to date are hopes of reaching 100,000 arrivals by year end.    
Tourism is the major source of income of Sagada affecting most of households- innkeepers, resto and coffee shop owners, souvenir shop owners, tourist guides, masseurs, tourist shuttles, vendors and farmers and others most especially in the food business.
With lessened income, other jobs such as carpentry, farm labor, laundry and house help, sales girls/boys among others are also affected.
Vice Mayor David Buyagan said the petition has yet to be discussed by the Sangguniang Bayan.

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PNB retirees fight for pension and benefits

By Aldwin Quitasol

BAGUIO CITY-- Retirees of Philippine National Bank (PNB) branches in Baguio and Benguet demanded they be given benefits and compensation for their years of service just like other government employees in the country.
    In a peaceful mobilization Nov. 7, the group of PNB retirees converged on main streets of this summer capital saying they were participating in national day of action.
    They said the peaceful assembly joined by all retirees of all PNB branches in the country against what they said was unfair treatment they received in return for years they rendered to the bank.
    According to retirees, the PNB was employing delaying tactics in their supposed compliance to the decision of the Courts on the payment of the employees' Cost of Living Allowance (COLA) and Special Amelioration Allowance (SAA).
    The group also complained of illegal deductions of Government Service Insurance Service (GSIS) gratuity pay from their separation or retirement pay.
    They said the PNB paid separation or retirement pay based on their basic salaries before and after the privatization of PNB instead of last basic salaries.
    They assailed dissolution of their employees’ provident fund.
    The retirees said GSIS should pay retirement benefits and pension based on total years of government service.
    They also sought legislation granting them lifetime pension as former employees who they disclosed were forced to received gratuity pay arising from PNB's privatization.
    "Instead of a one-time gratuity from their 20 years of government service, PNB employees who received gratuity pay from PNB's privatization should be granted lifetime pension just like government employees who are receiving monthly pension after rendering at least 15 years of service," the former employees said.
    The group started walking from the top of Session Road down to Malcolm Square where they explained to the public why they held protest mobilization.
 
 

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Groups demand surfacing of ‘abducted’ missing activists

>> Tuesday, October 3, 2023

By Jennifer B. Balgos

National minority groups demanded the Armed Forces of the Philippines and Philippine National Police to surface activists Dexter Capuyan and Gene Roz Jamil “Bazoo” De Jesus on the fifth month of their abduction allegedly by law enforcement agents.
    The groups gathered Sept. 28 at the National Intelligence Coordinating Agency (NICA) in V. Luna Road corner East Avenue, Diliman, Quezon City to press their surfacing.
    Families of the missing activists, friends and human rights organizations joined the protest.
    “This marks significance as the recent environmental advocates, Jhed Tamano and Jonila Castro exposed in the press conference held by NTF-ELCAC itself that they were abducted by the military, forced to sign an affidavit in a military camp, and emphasized that they do not want to be under the custody of military,” they said in a press statement.
    Families and human rights organizations said they were “determined to expose the fact that Dexter and Bazoo were also abducted by the state forces -- Criminal Investigation and Detection Group agents and were last seen in Taytay, Rizal being forced into two separate vehicles,” they said in the statement. 
Indigenous peoples and Moro organizations joined the protest.
    After the mobilization, mural painting of the faces of Dexter and Bazoo took place at Katipunan Ave., at the back of UP Diliman, Student Union Building.

 


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