Monday, March 2, 2015
The Continuing Scrabble Game of BCDA Versus CJHDevCo #OnlineBizniz
As the days had passed after the Arbitration Tribunal released their decision; this case between the Bases Conversion and Development Authority (BCDA) against Camp John Hay Development Corporation (CJH Dev Co) was elevating into more complications with the people concerned. Both parties were doing their share into the increasing legal implications.
It’s being learned that Bases Conversion and Development Authority (BCDA) was making an advanced strategies to divulge CJHDevCo’s fraudulent act for third parties investors inside the camp. The BCDA announced they must review the existing sublease contracts of the locators now that the said property has been turned over as a result of the ruling of the arbitral tribunal of the Philippine Dispute Resolution Center.
Businesses and locators in the Camp John Hay area, appear to be the real losers in legal battle of the two parties as the debate has now shifted to the validity of sub-lessees’ contracts.
But Chairman Robert John L. Sobrepeña of CJHDevco, addressed to locators and businesses, the developer repudiated the claims of BCDA, and told locators their sublease contracts will be honoured and respected. CJHDevCo stand was making the BCDA to counter-act their stand with these investor contracts.
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. What other method of transition is applicable for this case, that both sides must conform to the court’s decision and the implementation?
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 significant terms for investors in doing business inside the camp are subjected to uncertainty of their contracts done by the CJHDevCo, which was found to be fraudulent in the eyes of BCDA.
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.
What matters most now, all concerned businessmen and locators are to meet BCDA lawyers for integrating the contracts and finding solutions for the good of the whole business circle. It’s been hard for the investors to assume that CJHDevCo still protect them until the end. 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 should not be used as a weapon, but a positive action that needs to be ironed-out.
More than any answer to these uncertainties may come handy by way of exchanging some final statement for the good of the development and the people of Baguio. It’s for BCDA to initiate good example for the investors because they need the investors inside the camp that could help tourism industry and offer employment.