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Analyzing BCDA Legal Strategies Against CJHDevCo #1MNews

The longest-running legal drama of Conversion Development Authority (BCDA) and Camp John Hay Development Corporation (CJHDEVCO) are making waves in the business arena. It’s like a battle of two dragons without ending and never will until the end of the world?

Really, it’s the hardest way to be in business partnership when the other participant’s not honest when it comes to intention. Business partnership is like having to marry other person/s or entity through written agreement or contract.

BCDA’s Arnel Casanova is a businessman who never accepts defeat until the end. He moulded his arrogant behaviour and bad intentions when it comes to his business dealings. 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 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.

CJHDevco stand for the “final award” of the arbitral tribunal which terminated the original lease agreement and resulting to the ordering of CJHDevco to vacate the property is not “executor,” Bob Sobrepena said. “Under the law, CJHDevco is not required to turn over Camp John Hay until and unless the arbitration award is confirmed by the Regional Trial Court of Baguio in the form of Writ of Execution.

Until such confirmation, neither the BCDA nor CJHDevco, much less sub-lessees are legally obliged to comply with its terms. Moreover, the termination of the original lease contract does not empower the BCDA to repeal the subleases to locators, since the BCDA has consented to subletting the real-estate developments found within the property, through its subsidiary, the John Hay Management.

Lately, significant to the decision of the Baguio RTC is that the vested right holders -- the existing locators, sub-lessees, unit owners, lot owners and golf club members who acquired their interests in good faith – will be governed by the law on obligations and contracts. CJHDevCo’s legal position that the arbitral award did not carry with it the order for our locators, sub-lessees, units owners, lot owners and golf club members to vacate as well, but that their vested rights are to be protected by law - Article 1385 of the Civil Code, which is the law relied upon by the vested rights holders, provides that an “order for mutual restitution”, cannot include properties currently in the possession of third persons who acted in good faith, Arnel Casanova’s negative actions against CJHDevCo had created another dimension of this case to continue its course. He delved to his initial intention to have the Deed of Assignment be followed by the third parties, owners, locators inside the Camp John Hay.

The decision of the Philippine Dispute Resolution Center Inc. (PDRCI) on the mutual restitution of the original and revised agreements covering Camp John Hay’s obsolete without its finalization. PDRCI ordered CJHDevCO to return to BCDA the government property but declared as invalid the demand of BCDA that the former should pay it P3.5 billion in accumulated lease rentals. In the same PDRCI decision, the BCDA was ordered to return P1.42 billion in lease payments to the CJHDevCo.

CJHDevCO had always wanted to talk things over with the BCDA. It seemed, however, that Bases Conversion and Development Authority (BCDA) officials have already made up their minds and is now harassing sub-locators to favour their illegal actions against them, done prior to the rendering of the confirmation of the tribunal’s decision.

BCDA’s Arnel Casanova has bad business tactics - who does not want the return of the Camp with its existing locators, lessees and tenants. He wants to evict them and his wish is for CJHDEVCO to pay the costs of eviction of the existing locators, lessees and tenants. The third parties are gaining knowledge that Arnel Casanova is exposing himself to bad business elements.

Right now, CJHDEVCO official assured that the company would provide legal services to protect the rights of all third party locators, lessees and tenants atCamp John Hay.

Read through the pages of your mind.

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