The Twists And Turns Of BCDA President #OnlineBizniz

It’s a fact that BCDA President Arnel Casanova had dome so much damaged for Camp John Hay and the people of Baguio City? Until to this date, he had molded his intention to evict CJHDevCo, third parties, lessees and businessmen inside the camp.

CJHDevCo’s waiting for the payment of the BCDA that the tribunal court decision had decided for in favor for Bob Sobrepena Group. But what happened was armed men were used to intimidate the whole process. BCDA must pay the 1.42B pesos first and CJHDevCo will leave the camp.

BCDA President Arnel Casanova’s management-style has a hint of cowardice and coerciveness unto the third parties of businessmen, who respected the contracts under CJHDevCo. Likewise, he should stop evicting the third party investors for they are the heart and soul of Camp John Hay.

The Aquino Administration created the PPP for the good of the investors and the business arena in the Philippines. But Arnel Casanova mishandled this program because of his hidden agenda and personal vendetta for CJHDevCo. What he can do is to make this program workable for private and public businesses.

The result is nothing but negative aspects of BCDA. The Aquino Administration must kick this man and find a better person to manage the BCDA. There’s lots of qualified Filipino who can run this BCDA with proper forum and considerate for the businessmen and their endeavors.

The Baguio City Mayor will continue to pursue the BCDA with the 19 conditions set by them; the only chance for the mayor to lead the crusade against BCDA. Likewise, the people of Baguio City are behind for this agreement.

It’s therefore that BCDA had managed to give extra twist for every legal aspect that they have faced into. The ways that BCDA had acted into its legal contracts were nothing but a mere circus in nature. Why he cannot properly manage the camp without much fuzz and problems? Paying the 1.42B pesos to CJHDevCo will eventually cease the knitty-gritty that are shadowing him with his endeavor.

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.

The Bases Conversion and Development Authority (BCDA) written proposals had acted to its most deadly venom against CJHDevCo’s locators, lessees and tenants that if they assigned their rights to lay claims against CJHDevCo, BCDA would not evict them but reward them with continuing lease over their properties under the original period agreed upon with CJHDevCo. It’s really happening to them that their actions moved by BCDA’s Deed of Assignment. The ploy of BCDA has greater effect to the businesses inside the Camp.

BCDA’s threatening locators, unit owners and sub-lessees who entered into contracts for a 50-year lease that they could be evicted if they do not assign their contracts with BCDA. The proposal clearly exposes the parties concerned to graft and corruption since once the properties of locators, lessees and tenants are returned to BCDA, BCDA cannot dispose them without the proper public bidding to these properties. Thus, giving their rights to the BCDA whims could create another level of legal battle against each other. Sad to say, that Camp John Hay’s image as tourist destination’s damaged by this never ending drama of Arnel Casanova.

By the way, locators, unit owners and sub-lessees that entered into contracts with CJHDevco before are all strangers to the BCDA-CJHDevco controversy and not parties to it. Under the law, they are possessors in good faith and cannot be deprived of their property under the Constitution. The Deed of Assignment the BCDA is seeking - is actually a ploy to evict locators, unit owners and sub-lessees from their properties, since they will be confirming the legal position of the BCDA. Aside from this, BCDA cannot ensure fulfilment of their promise not to evict locators, unit owners and sub-lessees.

Through the dirty ways of Arnel Casanova, the locators, lessees and tenants sued CJHDevCo according to their Deed of Assignment employed by BCDA. The BCDA should be suednot the CJHDevCo because of not honouring their rights to their properties and possessions in the camp.

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.

His arrogant behaviour and dirty tactics are more pronounced through the Deed of Assignment which nullified the rights of locators, lessees and tenants. They were subdued to their own understanding because BCDA had done the new beginning of Camp John Hay.

The tribunal decision states CJHDevCo will return the property “in good and tenantable condition in all respects, reasonable wear and tear excepted” interpreting it as a clean slate of property ready for occupancy. The agreement with CJHDevCo was terminated, 3rd party lessees contracts were also automatically terminated with the Philippine Dispute Resolution Center, Inc. having no mention of lessees?

Of course, with this case, it started to create another gigantic problem to all especially the investors inside the Camp John Hay. Right now for sure, they are subjected to uncertainties while Arnel Casanova fought with all his weapons at hand. He is not a good example to all Baguio residents and its visitors. His arrogance bounds no limit within the framework of his job as government employee.

Lawmakers and Senate should mediate to this case as soon as possible so as not to heighten the squabbling inside the Camp. The development of the Camp is needed immediately for the good of all concerned.

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!