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Blatant Abuse of Authority by BCDA #1MNews

What could be the outcome of these on-going uncertainties of Camp John Hay sub-lessees, sub-locators and buyers when the tribunal court’s decided the merits for giving an award to Bases Conversion and Development Authority (BCDA) and Camp John Hay Development Corporation (CJH Dev Co) respectively?

The Philippine Dispute Resolution Center, Inc.,(PDRCI) cast its decision to both CJHDevCo and BCDA, ordering the developer, CJHDevCo to give up occupancy of the leased areas of the former military camp and the BCDA to return P1.42 billion as reimbursement for rental payments.

The BCDA called up a meeting with Camp John Hay sub-lessees, sub-locators and buyers. It was presented a five-page contact that they must conform or face certain termination of their contracts and the rights to use their properties in Camp John Hay.

Some points that these businessmen could not fathom the essence of coercion and their rights in Camp John Hay. The most vital thing was, “If they do not turn over their contracts with CJHDevCo to the BCDA, then the BCDA will simply take their properties away from them.”

The Deed of Assignment constitutes some of the following:

1) The tenants are dependent entirely on CJHDevCo. Hence, by virtue of the final award dated 11 February 2015, the tenants are also obliged to vacate their leased premises and deliver possession to BCDA.

2) Tenants causes of action arising from their contract may only be raised against CJHDevCo. The tenant acknowledges that it has no privity contract with and no cause of action against the BCDA.

3) The BCDA is willing to allow the tenants to continue occupying their properties for the remaining period of their sublease, in consideration for the assignment to BCDA of any and all rights and cause of action against CJHDevCo arising from their contract.

4) Tenant irrevocably appoints and authorizes BCDA as its true and lawful attorney, with full power and authority in its own name to sue for, recover, receive and collect the tenants claims against CJHDevCo, and take all legal or other measures deemed proper or necessary, with the same force and effect as the tenant could do.

5) In consideration of this deed of assignment, the BCDA shall allow tenant to continue occupying their property, subject to terms and conditions that both parties may subsequently agree on.

All of these inappropriate actions on the part of the Bases Conversion and Development Authority (BCDA) to strike as hard as they possibly can, and with everything they can muster up, are clearly a blatant abuse of authority. These are irresponsible acts of governance that outright betray the true function and integrity of a government office. These actions are nothing more than abusive bullying tactics that are aimed at satisfying a ‘personal’ vendetta against individuals and corporations in the private sector.

The leadership of Arnel Casanova of BCDA caused unnecessary tension and uncertainty, which is bad for tourism and for business in general. It caused the negative element in pushing up the development of Baguio City and its people.

Moreover, his new propaganda to pin-down Robert Sobrepena with this case, caused so many bad elements in the name of the government. Likewise, his actions with nothing to be considered from the court or other leaders meant for his uncharacterized personality to manage the government institution.

Mr. Arnel Casanova’s management-style and dealing with this case had caused much squabbling that made it look a personal vendetta. But even this case had been given a tribunal decision; still, the continuing legal battle remains the same to him.

Arnel Casanova had a negative effect on the Armed Forces of the Philippines Modernization Program, which gets 50 percent of BCDA’s lease revenues under existing laws and has not significantly contributed to the modernization of the Armed Forces of the Philippines. The revenues seemed lost in space.

BCDA repeatedly overstepped the MOA/RMOAs to its private partner’s detriment, while CJHDevCo continued to act in good faith all these years–in unequivocal support of the government’s public-private partnership program, paying P1.4 billion in rentals and investing some P5 billion in various CJH facilities and other projects. And, Arnel Casanova had done other misleading statements for his personal whims.

BCDA has claimed the Camp John Hay and beginning to start by way of checking the business contract for each investor. The process of finding defect of the contract must not be used as a weapon, but a positive action that needs to be ironed-out, but he did it.

According to CJHDevCo, the following must be followed and implemented: The concept is to attract foreign and local investors to locate in a highly developed economic zone that operates on an efficient, no red-tape mode. In an economic environment where the government fosters least intervention, recognizes the indispensable role of private investors, and provides invesment incentives.

1) Camp John Hay Development Corp. (CJHDevCo) has the express approval of BCDA/JHMC in ALL third party sub-leases under the OLA (Original Lease Agreement) along with the RMOA’s (Revised Memorandum of Agreements) until 2008 which is “to develop the Leased Property and sublet it to third persons.”

2) Based on this agreement, CJHDevco built and subleased 50 year contract to third parties for projects that include, the golf club. The Country Homes, The Manor, and The Forest Lodge to name a few, all of which have complete building permits. In fact, BCDA itself accepted units at CJH Manor, Forest Lodge and Forest Cabins with 50 year leases.

3) As such, ALL third party sub-leases were brought in good faith. CIVIL CODE, article 1385 – under the Civil Code, “an order for ‘mutual restitution’ cannot include properties currently in the possession of third persons who acted in good faith.”

4) All third party sub-leases have dealt directly with the BCDA/JHMC throughout the course of their stay and have received multiple permits from BCDA/JHMC in bringing infurniture, equipment and supplies. This is absolute certainty that the BCDA/JHMC has documented proof of their third party status.

5) All residents/locators should not be misled by the BCDA/JHMC to turn over their investment in CJH to BCDA/JHMC, nor allow themselves to be misled into getting into legal tussles. It is clearly the moral and legal obligation of the BCDA to honor and respect these third party leases until they expire on October 2046.

Read through the pages of your mind.

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