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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