CJHDevCo and Third Parties Are Contented for CA Decision #OnlineBizniz

The Court of Appeals (CA) decision confirms third party homeowners are buyers in good faith and not a party to the arbitration. CJHDevCo has to be paid by BCDA before they vacate, otherwise it is status quo. This is what other concerned people are expecting inside the Camp John Hay. They are really fated to experience the rigors of legal implications before this CA decision.

CJHDevCo expressed satisfaction in its interpretation that residential sub-lessors aren’t covered by the arbitration and can, presumably, stay without a separate arbitration or civil case, and that CJHDevCo cannot be made to leave before it is paid by BCDA.

The turn of events for this longest running legal case preceded more agonizing moments for the leaders than anything else happened beforehand. We could think differently about the ways in which Bases Conversion and Development Authority (BCDA) and Camp John Hay Development Corporation (CJHDevCo) molded their stands ever since. Like the character of the BCDA President Arnel Casanova who made things hard for the businessmen inside the camp. Bob Sobrepena too, got the real first hand legal battle that continued until now.

The CA decision is just nominal solutions for some but it gave greater scope for CJHDevCo and third parties. The BCDA “Deed of Assignment” was a coercive action for some businessmen and only gave bad image for Arnel Casanova. His actions are not aligned for his ambitious-personal gain altogether.

The CA directed BCDA - to respect and not to disturb the various contracts of the third parties occupying the leased premises because they acquired in good faith. They are not part of CJHDevCo’s legal implications with BCDA. The Aquino Administration must mediate for this case immediately to win back investors and tourists inside the Camp Hohn Hay.

The revenue of Baguio City is needed by the city council and residents. Likewise, Mayor Domogan cited and pushed the 19 conditions from BCDA as the first move to eliminate the war between the two sides. It lowered the fire for the meantime, but people should be aware about the wrath of the BCDA President. He has the power over some contracts and authority to choose for the betterment of the camp.

Moreover, this case turned out to be interesting for some business people, and very degrading for others. But the fact remains that this is under the PPP program of President Aquino. He knew what in-store for this tourist’s place and can do positive recommendation coming from his Administration. This place is huge in nature and really need leaders to uplift the development of Camp John Hay and the scope in developing the activities that can enhance the image locally and worldwide.

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!

The fiasco or drama of Bases Conversion and Development Authority (BCDA) against Camp John Hay Development Corporation (CJH Dev Co) continue to evolve gradually and it really shows the flaw of its story. Is it harassment for Robert Sobrepena?

BCDA earlier argued that CJHDevCo, the developer of the former American recreation facility in Baguio City, deliberately chose not to perform its rental obligations despite the existence of retained earnings and other revenues.

BCDA celebrated a legal victory after the Court of Appeals overturned a pro-Sobrepeña decision of the Baguio Regional Trial Court in 2012, which issued an injunction against the BCDA’s move to eject the businessman. The Court of Appeals ruled that the P736-million bond posted by the Sobrepeña group for its case in the Baguio RTC, via a firm known as First Integrated Bonding and Insurance Corp., was invalid. According to Bases Conversion and Development Authority (BCDA), the firm was not accredited by either the Insurance Commission or the Supreme Court to conduct business with any court in the country.

The BCDA’s playing another dirty propaganda by misleading locators and shareholders when it issued a Notice to Investors claiming the CA had lifted the injunction against BCDA making it appear that CJHDevCo’s no longer in-charge of the camp. The announcement brought panic to CJH DevCo that the camp could be treated by investors as negative element for their revenues.

Last December 19, 2014, the Pasay RTC Branch 119 Judge Pedro Gutierrez denied the motion for reconsideration filed by government prosecutors on behalf of the Bases Conversion and Development Authority (BCDA), which had sued Sobrepeña for allegedly reneging on the lease agreement he signed. BCDA failed to establish probable cause in accusing Bob Sobrepeña of making false representations that the company was incapable of paying rentals for Camp John Hay.

While DOJ filed this estafa case against Bob Sobrepena, it never will pin down the core of its development, thinking other resources to finally grab the trust of the Pasay RTC branch.

DOJ never thought once and for all, that their defense’s not that solid and founded by its merits. The case nevertheless defended mutually when merits are thoroughly studied before it’s filed.

When the government intention’s to single-out Bob Sobrepena as the main culprit in the MOA between them, it’s really showing up now.
The result of this case gives the Singapore Court a merit - this Pasay RTC decision in culminating the whole case into its finality.

The long-running battle between the Bases Conversion and Development Authority (BCDA) and CJH Development Corp. led by businessman Robert John Sobrepeña continued as of this day while waiting for its final decision from arbitration committee soon.

Before, BCDA celebrated a legal victory after the Court of Appeals overturned a pro-Sobrepeña decision of the Baguio Regional Trial Court in 2012, which issued an injunction against the BCDA’s move to eject the businessman.

The developers of Camp John Hay in Baguio City had warned the Bases Conversion and Development Authority (BCDA) from forcibly taking over the area pending the resolution of their case with the Court of Appeals (CA).

The BCDA has been misleading locators and shareholders when it issued a Notice to Investors on Nov. 1, claiming the Court of Appeals (CA) had lifted the injunction against BCDA, making it appear the private developers are no longer in charge. But the writ of preliminary injunction issued by the Baguio regional trial court (RTC) against the BCDA remains in effect while the decision of the CA is not yet final.

The Bases Conversion and Development Authority (BCDA) will observe and respect the legal process and restrain itself from any attempt of an illegal takeover of the camp. Any such attempt is clearly illegal and criminal. Any act toward this, whether verbal or physical, only shows a lack of observance and total disregard for due process and the rule of law, the consequence of which shall be harmful and prejudicial to the well-being and safety of locators, buyers, investors and visitors in the camp.

BCDA’s assertions of the CA to CJH DevCorp could prove to be the starting point of chaos in the management and operations of the camp. How much more when the final decision favor to them? What will happen then?

CJHDevCo operations were adversely affected, resulting in losses of P1.445 billion, which was increasing daily and has accumulated lease payment arrears to the BCDA in the staggering amount which belongs to the people of Baguio and the surrounding municipalities. And, the new event could still give them negative image through this CA but CJHDev Corp will not give to BCDA unless the final ruling will be served.

The BCDA wanted the management and operation of Camp John Hay by all means even though rough tactics and propaganda are well-planned. For CJHDeevCo owes to BCDA 3 billion pesos in which 800 million pesos will go to Baguio City fund for the management of rent to private developer. Since 1996 the payment made was only 425 million pesos given by Bob Sobrepena to BCDA.

Acting Director of SEC, Ferdinand Sales informed Bob Sobrepena that the SEC is constrained to require the submission of the latest due financial statement not only because for complaints from the public, but also due to the fact that CJHDevCo have continuously failed to submit reports for more than five continuous years. Failure to submit its reports for more than five years is sufficient ground to revoke the corporation’s certificate of registration as provided under existing laws and regulations on reportorial requirements.

The SEC is the authorized financial organization who regulates business corporations in the Philippines. It embodied to punish business organizations who practice negative system.

BCDA Dirty Tactics Still Going On Against CJH DevCo #OnlineBizniz

Once again, the Bases Conversion and Development Authority (BCDA) are gaining their triumphant battle against CJH Development Corp. led by businessman Robert John Sobrepeña. It’s another strategy to discredit them for the final arbitration that comes closer to an end? Again, another dirty tactics of BCDA?

Last week, BCDA celebrated a legal victory after the Court of Appeals overturned a pro-Sobrepeña decision of the Baguio Regional Trial Court in 2012, which issued an injunction against the BCDA’s move to eject the businessman. The Court of Appeals ruled that the P736-million bond posted by the Sobrepeña group for its case in the Baguio RTC, via a firm known as First Integrated Bonding and Insurance Corp., was invalid. According to BCDA, the firm was not accredited by either the Insurance Commission or the Supreme Court to conduct business with any court in the country.
The BCDA’s move to acquire the camp would mean chaos that could ruin the CJHDevco and Camp John Hay as a whole. Besides, BCDA has no right at this moment and should wait for the finality of Baguio RTC and Singapore court.

The BCDA’s playing another dirty propaganda by misleading locators and shareholders when it issued a Notice to Investors claiming the CA had lifted the injunction against BCDA making it appear that CJHDevCo’s no longer in-charge of the camp. The announcement brought panic to CJH DevCo that the camp could be treated by investors as negative element for their revenues.

The CJH DevCo in Baguio City has warned the Bases Conversion and Development Authority (BCDA) from forcibly taking over the area pending the resolution of their case with the Court of Appeals (CA). The warning letter to BCDA has proper declaration done by the camp developers. Any act toward this, whether verbal or physical, only shows a lack of observance and total disregard for due process and the rule of law, the consequence of which shall be harmful and prejudicial to the well-being and safety of our locators, buyers, investors and visitors in the camp.

The CJH DevCo issued a warning letter to BCDA’s Arnel Casanova that any attempt of an illegal takeover of the camp is clearly illegal and criminal. BCDA will observe and respect the legal process and restrain itself from any negative move at present. CJHDevco would defend its rights until the arbitration tribunal in Singapore has rendered a final ruling, and the Baguio RTC has decided the case with finality.
Moreover, BCDA tactics couldn’t be disregard by the present management because of its huge capabilities to discredit and make the battle a winner. They won’t stop pestering CJH DevCo until it’ll give-in to BCDA’s demand.

This announcement adds to the laurels of BCDA in the eyes of the Singaporean tribunal. Which was why, the news could also conform for the argument they are clamoring about.

Even though how hard for CJH DevCo to comprehend, they should always abide by the decision of the court for finality. It’s been their right to stop BCDA’s bullying to balance the court’s decision in the future. For the meantime, restriction for BCDA must be enforced to eliminate harsh take-over.


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