Mayor Mauricio Domogan Will Pursue The 19 Conditions Against BCDA #OnlineBizniz

The BCDA and CJHDevCo are presently involved in an ugly word and legal conflict and engaging in another discord this time involving the city government would be onerous for all concerned. It’s the BCDA who reclaim the camp against CJHDevCo which was nearing its finalization. And, the Baguio City government was in the position to claim its worth.

Baguio City Mayor Domogan called a meeting for the Bases Conversion Development Authority (BCDA) President Arnel Paciano Casanova and John Hay Management Corporation (JHMC) President Jamie Eloise Agbayani to clear out things under the agreement, known as “19 conditions” that set-forth along with the management of Camp John Hay.

The mayor was hoping that these bodies will continue to respect our authority and recognize the conditions which were approved by the BCDA board and recognized by the previous BCDA officials. Because they showed their disregard for the conditionalities when they recently questioned the City Buildings and Architecture Office (CBAO)’s authority to enforce the building and occupancy permit requirements on new constructions within the John Hay Special Economic Zone. It includes the fact that the complete plans and specifications of the master development plan necessitated the city building officials’ approval were the reasons by the city maintains its stand that building permits for constructions within John Hay should be secured from the city.

It’s time for Mayor Domogan to pursue these 19 conditions as far as it will materialize for the good of the residents. It’s also a fact, that the whole of Baguio City are claiming their share for CJHDevCo and BCDA which never happened because of the long legal battle between them.

The final cut for BCDA couldn’t give much as to the standing of the city government and its people. It’s the BCDA President who was adamant in making this to happen. For sure, Arnel Casanova could devise another plan for this agreement with the Baguio City government.

The City Government of Baguio cannot surrender its powers and authority granted by its Charter and the clear provisions of the Local Government… to govern and regulate business establishments within its territorial jurisdiction, Camp John Hay included, to protect and promote the general welfare.

Likewise, Mr. Casanova will make his moves to another level in getting the confidence of the Baguio City Mayor in performing his tactics. The continuing legal battle maybe extended for this purpose. The willingness of the Mayor to claim what’s right for them could be the opening arena of Camp John Hay.

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.

Just wondering what will be the outcome of the legal battle between the Bases Conversion and Development Authority (BCDA) against Camp John Hay Development Corporation (CJH Dev Co), after the Arbitration Tribunal released the decisions?

The BCDA who was expecting to win the legal case turned out to be the loser? I can imagine the crumpled face of Mr. Arnel Casanova who never hesitated to spread the word against Mr. Bob Sobrepena? That he filed an estafa case just to show to the whole world, that he’s in every angle of the case?

What will be his options when CJHDevCo would immediately demand the payment for them and the government has a fund for this settlement?

In the Award, the BCDA was ordered to return to CJHDevCo approximately Php1.42 Billion in rentals that it had paid to the BCDA. In turn, CJHDevCo was directed to vacate the Leased Property and turn it over to the BCDA with all improvements that CJHDevCO had introduced therein during the term of the lease. BCDA was found to be in breach and CJHDevCo was absolved of liability for the supposed Php3.3 Billion in back rentals that the BCDA had claimed against CJHDevCo.

Financial difficulties for the 2015 budget were never ran out and only starting to rise month-by-month. Every angle of project development done under Pnoy Administration was very encouraging but needs financial budget all along. DAP was abolished which made them hard to be approved by the Senate.

If BCDA cannot fulfill the payment of 1.42B pesos to CJHDevCo, it means that Camp John Hay’s still under the management of CJHDevCo which for sure is very happy for the outcome. What do you think?

CJHDevCo made an early announcement about the safety net that binds them and the stakeholders inside the camp. It looks that BCDA lost with this legal battle and cannot find a permanent solution in the long run. Their silence at present makes them aware of the consequences and thinking options to alleviate the situation.

Another point to ponder by the Bases Conversion and Development Authority (BCDA) is the pine trees inside the camp. As what CJHDevCo had stated, “We are happy with the decision and we are awaiting our lawyers’ advice on its implementation. It has always been our position that the trees in John Hay are the Camp’s most treasured assets. The pine trees are what Camp John Hay unique among other destinations. The presence of these trees posed the greatest challenge to our development plans as we believed these trees should not be cut. As a result, in our resolve to not cut the trees, our development footprint had been substantially reduced and so we had prayed to the Arbitral Panel that the lease contract with BCDA be reformed to reflect a reduced developable footprint and if this were not possible, then a rescission of the lease contract with damages paid to us, instead. Of course, this is another setback for BCDA to fulfill after the payment of 1.42B pesos.

Therefore, CJHDevCo’s final statement were totally sealed, “We trust that, even with the issuance of the Award, the parties will act in good faith and with due regard for the rights and interests of innocent third parties who are not involved in the dispute between CJHDevCo and the BCDA.”

What a winner statement intended for Camp John Hay stakeholders, businessmen, employees, tenants and other partners under CJH DevCo!