A Victory for CJHDevCo and to the Third Party in Camp John Hay

            Again, the Bases Conservation and Development (BCDA) becomes a loser after the Court of Appeal decided favored to the Camp John Hay Development Corp. (CJHDevCo) and to the third party in Camp John Hay. The CA ordered to the BCDA that they should stop from implementing the eviction order of Baguio City Trial Court against the developer, locators and subleases. Hence, the opponents of Arnel Casanova are really happy because the decision of the CA is only proved that they are on the right track.

            The battle between BCDA and CJHDevCo is already 10 years longer. But the public didn’t notice it until Casanova went to the court and file an estafa case against CJHDevCo Chairman Robert Sobrepena, but the court dismissed it. But Casanova didn’t stop from harassing Sobrepena until he involved the whole company. He went to the arbitration court to request an eviction order against the CJHDevCo. The court ordered to the developer to leave the camp, but the BCDA needs to pay an amount of 1.42 billion pesos to the CJHDevCo. But instead to comply with the court’s decision, the government agency is doing some dirty tactics. They are not paying any single cents to the developer. Even the CA said it also, Casanova don't have a plan to pay their debt. 

           The sad thing, the BCDA also involved the third party with their conflicts although they are innocents. All they want to do is just to continue their businesses inside the camp. Casanova tried them to evict with the help of the Sheriff office in Baguio City. But thanks God; the court released a TRO to stop the wrong action of the BCDA. Based on our Constitution, all the government properties which acquired by the third party in good faith should be acknowledge. Casanova didn’t respect the rights of the third party; maybe because he wants them to replace by his friends who has an interest to build their business inside the camp. If not, why he is forcing them to leave?

            Well, it is early to celebrate because Casanova can’t accept easily the decision of the court. For him, his own rules should prevail inside the camp. To contradict the decision of the Court Appeals, his legal counsel is planning to bring the case in the Supreme Court. For the CJHDevCo and to the third party; they should just relax and wait for the next move of Casanova. They need to be prepared to all the harassment that he tend to do against them.

The Unpaid Debt of BCDA to CJHDevCo

                If you think that the trouble in Camp John Hay is really over. Well, you’re wrong because the dispute between the Bases ConservationDevelopment Authority (BCDA) and Camp John Hay Development Corp. (CJHDevCo) is still continuing. This is despite the fact that the Philippine Dispute Resolution Center, Inc. (PDRCI) was already issued their decision to settle their problem in Camp John Hay. The court granted the request of BCDA to reclaim the camp; provided, they should pay first 1.4 billion pesos to the CJHDevCo before they leave the place. But in the other side, the court rejected the claimed of the agency that the developer owed them an amount of 3.3 billion pesos back rental.

                Casanova is not contented although he will get what he wants. Well, it is very obvious that he is not totally happy with the court’s decision because he has an instant huge debt. It is okay, Sir, that’s the prize of your wrong actions. So, you should pay it! Please, don’t involve the third party from your dispute with the developer. You’re an attorney by profession and you knew what’s written in our law, don’t twist. Our constitution is protecting the rights of the third party. Under mutual restitution, the government will honor the private individuals if they acquired properties in good faith. It is possible that Casanova wants the third party to file a case against the developer if ever they evict them also. He is using them as a pawn to harass the CJHDevCo. Of course, the third party that is just a part of dirty tactic of Casanova to control them all.

                It seems that Casanova has no plan to follow the order of PDRCI because there he never says any due date when they will pay their debt. If he is really willing to pay the developer, it is very easy for them to do that. For sure, their agency has a lot of funds, but Casanova doesn’t want to release it because he knew that the BCDA will be bankrupted. If that would happen, he should only be blamed for that. But in the other hand; this is very good.  It will pave the way for the closure of BCDA since they are just disrupting the progress or development in Baguio City.

                If I were P-Noy I will kick out Casanova for being an ineffective leader. This country doesn’t need like him who doesn’t care about the real situation of the people. If he has genuine concern for the people, he will not reclaim the Camp John Hay. In the first place, he doesn’t have a concrete plan after he get it from the developer. What’s his plan to the employees inside the camp? Then, the shares of the local government of Baguio City will be gone in an instant. P-Noy should also realize that Casanova is not respecting the Public-Private Partnership Program of the government. The aim of PPP is get more investors to support the government’s projects. But because of Casanova’s disputes with the investors, it is possible that they can’t get the trust of the investors. They will afraid to encounter a government official like Casanova who is one of a kind in terms of harassing people!

Who Have the Rights to Reclaim the Camp John Hay?

                It seems that the Bases Conservation Development Authority (BCDA) and John Hay Management Corporation (JHMC) don’t want to make a dialogue with the local government of Baguio City. This was after the two agencies snubbed the requested meeting of the city council to talk about the problem in Camp John Hay. The local government wanted to reclaim the camp after the Camp John Hay Development Corp. (CJHDevCo) will turnover it to the government.

                It is very obvious that the BCDA and JHMC are still tough with their position. They believed that local of government of Baguio can’t interfere with the issue in Camp John Hay. As I have learned, this was the ninth time that two agencies snubbed to the invitation of the city council. The city council emphasized that they have the rights to reclaim the camp. For them, Camp John Hay belongs to the local government and to the people of Baguio as well. The BCDA have a contract with the CJHDevCo and not with them. It means that all the improvements including lands should be return to the local government of Baguio.

                Mayor Domogon reminds the two agencies about their 19 conditions or known as Resolution Numbered 362, Series of 1994 that they had signed. From this resolution, it states about the segregation of the 13 barangays and their shares to the payment rental in Camp John Hay. Plus the provision of its own water source. These issues should be cleared before the developer leaves the camp. If not, for sure, the BCDA will just ignore the rights of the local government of Baguio. The BCDA has a debt with them; they are not still receiving their share from rental payment. The Baguio City is the great loser to the wrong decisions of BCDA that’s why they want to reclaim the camp. The local government is aware that they will not get benefits if they let the BCDA to manage it.

                Of course, BCDA President Arnel Casanova and the JHMC have personal interest to the camp. So, why they should cooperate with the local government of Baguio? Casanova is very tough with his belief that the agency has the sole rights to manage the camp. Maybe this issue will only be solved in a court battle. Don’t expect that the BCDA and JHMC would surrender easily about their position in Camp John Hay. 

The True Color of Arnel Casanova

                Do you know the personal background of Arnel  Pacasio Casanova aside from he is the current president of the BasesConservation Development Authority? Maybe you only knew about the trouble that he made in Camp John Hay. Do you know that this person has a good educational attainment? Not only that, he just came from a poor family in Batangas. But because he has an ambition, he surpassed the poverty. Is that inspiring? Of course, yes!

                In terms of educational background, Casanova graduated in UP Diliman with degrees in Emglish, Law and Urban Planning. He was a former scholar of World Bank; they were sent him in Harvard University to take Masteral degree in Public Administration. He served also as a professor in Ateneo de Manila University. Wow, that is very impressive! It only means that he is really an intelligent person.

                Casanova decided to enter in the government, to gain more wealth. I mean, to become a public servant. At first, he was just an officer in BCDA, but because he of his good performance he tend to become the head of that agency. Based on the report, he made a lot of development. He is the one who developed the former military camp in Taguig when he converted it as a business district. Under his leadership, he was also launched the Subic Clark-Tarlac Expressway (SCTEX). This is a great help for those people who are travelling in that cities.

                Aside from being an educator and public servant, Casanova was also awarded as a peace advocate when he was only 25-year old. He helped the government to obtain peace in Mindanao when he negotiated with the Muslim rebels particularly the Moro Islamic Liberation Front (MILF).

                The sad thing, it seems that Casanova forgot where he came from and what he had done in the past years. All of his efforts and good deeds in the past are nonsense because he already changed his ways. Instead to fight oppression, he becomes a law breaker despite the fact that he is an attorney by profession. He uses his power and connection to harass people like what he is doing now in Camp John Hay. He filed a cased against the Camp John Hay Development Corp. (CJHDEvCo) which is the developer of the camp. He made a lot of allegations against the company just to evict them. His plan has been succeed when the court ordered the developer to leave the camp with one condition. The BCDA should pay them 1.4 billion pesos. The developer accepted the decision of the court; they are really willing to leave the camp. The only problem, Casanova is not yet giving the said amount.

                Casanova harassed the CJHDevCo by sending armed groups for them to leave the camp. But of course, the developer didn’t follow the order of the BCDA. Casanova tried also to evict the third parties in the camp. Thanks to the court, they released a TRO to stop the eviction order. Third parties felt that th BCDA are just using to them as a pawn with their conflict to CJHDevCo.

                 If I were P-Noy I will kick out him in his post. For sure, he has a strong connection to the president that’s why despite of his wrong actions in Camp John Hay, he is still a president of the BCDA.

The Harassment Issue of BCDA in Camp John Hay

                The Bases Conservation and Development Authority (BCDA) doesn’t stopping from their bullying tactics against the Cam John Hay Development Corp. (CJHDevCo). After the arbitration trial court made their decision to settle their dispute with the developer is harassing locators and sub-leases in the camp. They wanted them to vacate the camp if they will not comply with their rules or conditions.

                Recently, the BCDA had meeting with the third parties just to threaten them. In that meeting, they released a paper entitled ‘Deeds of Assignment which stated that locators and sub-leases must submit all of their records and contracts with CJHDevCo. If the third parties would not give the demand of the BCDA, it will lead into their eviction in Camp John Hay.

                Maybe for the BCDA, they are the owner of the camp and they can do what they want or they have the right to set a new rule. But sorry to say, their action is illegal because it is not based on our Constitution.  According to the existing law, all the properties and possessions acquired in good faith should be preserved to the third parties. The government should not involve them once they have a conflict with the private companies. As a lawyer, BCDA President Arnel Casanova might know this, but he chose to ignore the law because he has another plan for the Camp John Hay. What exactly it is, he is only the one who knew it.

                Of course, the BCDA has a reason why they are harassing the third parties. Their motive is to attack the CJHDevCo in another way. They want the sub-leases and locators to file a case against the developer once they kick out them in the camp.  If ever their tactic will be effective, they assumed that the third parties will get angry to the developer.  But the locators and sub-leases are not dumb to do that. The CJHDevCo have an offer with them that they will give legal assistance to fight the harassment of the BCDA. This is the right thing they should do; they need to unite to stop the BCDA from abusing their authority.

                By the way, the Baguio Regional Trial Court was already confirmed the decision of Philippine Dispute Resolution Center, Inc. (PDRCI) that the BCDA needs to pay 1.42 billion to the developer before they acquire the Camp John Hay. This is also the reason, why Casanova is harassing the third parties. They want the third parties and the developer to have trouble. If would happen, the third parties may ask for damage fees from the developer and it could be deducted from the money award that they will get from the BCDA. What a clever idea of Casanova! He is the one that needs to be sued because of his wrong decisions in Camp John Hay.  

The Dirty Tactics of Arnel Casanova

          Bases Conservation and Development Authority (BCDA) President Arnel Casanova is still harassing the Camp John Hay DevelopmentAuthority (CJHDevCo)  including locators and sub-leases of the former American bases. Earlier this year, the Philippine Dispute Resolution Center, Inc. (PDRCI) had release their decision stating that the CJHDevCo should turnover the camp to the government. Provided, the BCDA should pay them 1.4 billion pesos first before the developer could leave the camp.

            

          The ordered of the court was very clear and no question about it. The only problem, Casanova is very aggressive to take over the Camp John Hay although he is still not complying to the order of the PDRCI. To prove that the developer is ready to follow, they had filed a Judicial Confirmation before the Regional Trial of Baguio ratify the decision of the arbitration court. It only shows that the developer has sincerity, unlike Casanova who doesn’t know how to respect the rights of others.

            Aside from harassing CJHDevCo, the BCDA President was also threaten the third parties. If we remember, he stated that they don’t have obligation to the locators and sub-leases because they are paying their rental to the developer and not to the government. Now, the BCDA demanded to them that they should all give copies all of their documents to the agency. If we will not comply, Casanova said that they will not acknowledge them. In other words, the locators and sub-leases should also vacate the camp. Well, this is just a dirty tactic of Casanova to get the assets of those people that they invested inside Camp John Hay. It seems that Casanova doesn’t know what’s written in the law. The third parties should not be involved if a case is under arbitration court.

            Instead to boost the tourism industry in Baguio City, Casanova is sabotaging it through his bad leadership. Eversince, CJHDevCo, as being the developer of the camp; they have never stop from thinking how they improve the camp. As a matter of fact, they had built a lot of infrastructures inside the camp including the two world class hotels. As an observer what’s going on in Camp John Hay, I can say that Casanova is the one who deteriorating  not only the projects of the private company; it has also an impact to the government as a whole. After the government convinced the private company to invest in a government project, then later a person like Casanova will  start a great trouble against them.

            Of course, Casanova has a reason why he is doing all those negative things. It is possible that he is pursuing the interest of other company which has also an interest in Camp John Hay. His critics are accusing him that he is accepting bribes and living an abundant life. There is also a rumor that the BCDA president is dating with young males. Well, I believed that these are true, not just an allegation. If he is a good government official, why the BCDA doesn’t give any important contribution to the Armed Forces of the Philippines (AFP)? According to the law, 50% of their earnings should be allocated to the AFP. The BCDA had already earned billion pesos with their transactions and it is enough to use for the military modernization program. Casanova should undergo in a congressional inquiry as what one congressman said in a press conference. This is really important to castigate and grill him about the anomalous activities that he had been involved. 

The Bullying Tactics of BCDA

            Bases and Conservation Development Authority (BCDA) President announced that they are the true winner with their case against the Camp John Hay Development Corp. (CJHDevCo). Because the Philippine Dispute Resolution Center, Inc. (PDRCI) ordered to CJHDevCo that they should turn over the Camp John Hay on their hands. Yes, in this decision they’ve got the favored of the court. But if we will look at the big picture, it will show that the developer is the true winner here.

            The PDRCI also ordered that the BCDA should pay an amount of 1.4 billion pesos before the CJHDevCo could leave the place. Aside from that, the court also dismissed the claimed of the agency that their opponent has a 3.3 billion pesos debt due to their unpaid rental. The court found out that the BCDA violated their contract with the developer. In the contract, they should build a one stop action center to speed up the progress in Camp John Hay. But despite of the big investment by the developer to the place; they had only developed 4 hectares.The business operation of the CJHDevCo had been interrupted also because they were not giving the permit they need on time.   

            The people of Baguio believed that if the CJHDevCo vacate the place, the future of Camp John Hay will become obscured. There is a possibility that the government could face bankruptcy once they took over the place because the BCDA have no concrete plan how they handle effectively the place. They even don’t thinking about the situation of the buyers, locators and sub-leases in Camp John Hay. The agency stated the tenants in the place are paying rentals directed to the CJHDevCo and not with the government. It means, that the BCDA is not getting any benefits from them. So, is this enough reason to evict them also in the place? But CJHDevCo had promised to the tenants that his group will protect their rights until the issue will be settled.

            Even the PDRCI had released their decision about the case between the BCDA and CJHDevCo, it doesn’t mean that issue is finished already. This is just the beginning of a complicated process. Let us say that the BCDA could provide the 1.4 billion to pay the CJHDevCo. They can’t forcibly evict the developer to vacate Camp John Hay. According to the law, the Regional Trial Court of Baguio should confirm fist the decision of the PDRCI before the order will be implemented. The problem with the BCDA, they are very aggressive with their intention to take over the Camp John Hay. There is a news that Casanova brought an armed group in the area to intimidate the CJHDevCo. But the group of Sobrepena are not afraid of this desperate move of their opponent. They knew that that was a part of Casanova’s bullying tactics.

            Hey, Casanova, if I were you, I will wait the confirmation of the Regional Trial Court of Baguio. If you’re a real gentleman you will not harass your opponent. Instead, you will respect for their rights. It seems that you forgot that the BCDA was built to assist and give 50% percents of its earnings for the modernization program of the Armed Forces of the Philippines (AFP). But it seems that you’re not doing your job. Some lawmakers are criticizing you because since the agency built it didn’t contribute to boost the military system in our country. They soldiers are still suffering from the cheap fire arms and other equipments that almost killed them when they are  on the ground or battlefield. Casonava, do you know that some lawmakers want to investigate you for destroying the public partnership program (PPP) of the government and for not giving major contributions to the AFP which is your primary duty aside from bashing the peaceful developer that you considered as enemy.  

CJHDevCo: About the Turn Over of Camp John Hay

               The Camp John Hay made a statement after they learned that the Philippine Dispute Resolution Center, Inc. (PDRCI) had released their final decision with their dispute against the Bases Conservation Development Authority (BCDA). They welcomed the arbitration court and they were happy with the result of the case. And they promised that they will comply the court’s decision, but the other  camp should also give what the court ordered.

                BCDA President Casanova had been celebrated because he believed that they won over the case because the court ordered to CJHDevCo that they should turn over Camp John Hay to the government. Yes, it is true that they will get what they want. But the true winner here is the CJHDevCo. The PDRCI had rejected their claimed  that the developer should pay their back rental since 1996 to the government which has a total amount of 3.3 billion pesos due to breach of contract. The court cleared CJHDevCo from any liabilities. It means that they don’t have debts with them. Instead, the court ordered to BCDA that they should pay 1.42 billion pesos to the developer as a damage.

                According to CJHDevCo Chairman Robert Sobrepena they will cooperate with BCDA for a peaceful transition of Camp John Hay. Provided, they should pay them first 1.42 billion pesos as what the court ordered. No installment basis; they should pay that full amount. But as of now they can continue their business operation in Camp John Hay as long the BCDA doesn't pay them. Writ of execution from the arbitration court is also needed before they turn over Camp John Hay with them.

                Sobrepena gave his assurance to their buyers, locators and sub-lesses that their rights and interest in Camp John Hay will be protected under the law.  For they got permission from the BCDA to operate their business within the area. CJHDevCo Chairmain said that they should not be involved with their trouble with the government agency.

                Now that the court had made their final decision, the locals of Baguio are hoping that the problem in Camp John Hay will be resolved immediately. But it would not happen in an instant without the cooperation of the BCDA. Their camp was already rejoiced with the court decision, but they didn’t tackle their debt to CJHDevCo. Hope that they will pay the investor in the near future. So, the both camp can move on...

What Will be the Future of Camp John Hay Without CJHDevCo?

                The Philippine Dispute Resolution Center Inc. (PDRCI) had already released their decision regarding to the case between Bases Conservation Development Authority (BCDA)and Camp John Hay Development Corp. (CJHDevCo).

                Based on the decision of the PDRCI, they can’t determine who violated first the 2008 RMOA, is it the BCDA or the CJHDevCo? Hence, the court decided that the private developer should not pay the 3.4 billion demands of the BCDA from CJHDevCo for their unpaid rental. The court also ordered BCDA that they should back the rental fee that the CJHDevCo had been paid to them. What a brilliant decision of the court! The sad thing is the developer need to evacuate the Camp John Hay.

                CJHDevCo Chairman Robert Sobprena accepted the decision of the PDRCI with no bitterness. He hopes that BCDA would follow the order of the court to pay them. He was very happy because the court rejected the demand of the BCDA Arnel Casanova that their group should pay their rental fee. This man was also the one who filed against Sobrepena an esrafa case in Pasay Trial Court, but the court had already cleared him in that case.

                In the first place, representatives from BCDA granted the request of Sobrepena that they will be delayed in their rental payment because they had faced problems during that time. They had no intention not to pay their obligation to the government. What they had been asked to the BCDA that time was they will pay their rental gradually.

                As an observer, I think the government let CJHDevCo would continue their business in Camp John Hay. Why? The group made a lot of contribution to the beautification of the former American bases. They built a lot of facilities and develop some recreational areas. Hence, many local got a livelihood because of their effort. Then, they planted trees around the vicinity of Camp John Hay. Before they manage the place, the number of the trees there was only 250,000. Under their management they planted 230,000 trees. If we will compute, it has a total of 480,000 trees. Is that amazing?

                Sobrepena has a request; he hopes that BCDA would not evict the leasers there. Let them to continue their business within the area. Then, protect all the trees that they took care for 19 years. Casanova is still not answering to the appeal of Sobrepena. If the CJHDevCo vacate the Camp John Hay, is BCDA ready to manage the place? Do they have a concrete plan how they operate it? If nothing, how they can handle it properly? There is a tendency that they will lose money because of their negligence.

                 I think the CJHDevCo is just a victim of politicking here. He became a victim of Casanova who portrays as a protector of the people the Baguio. Is this all about money or what? Instead to solve the problem in Camp John Hay, he aggravated Sobrepena for throwing him a lot of negative issues. There was also a time that BCDA didn’t release a business permit at the right time. Now, maybe Casanova is laughing because they won the case over CJHDevCo. But he should remember that the fight is not yet finished. They need to comply with the decision of the court before the group of Soprena leave the Camp John Hay. 

Pasay Court Rejects Estafa Case Against CHJDevCo Chairman Robert Sobreña

            Finally, CJHDevCo Chairman Robert Sobrepeña has been vindicated after the Pasay Rergional Trial Court junked the 1.5 billion estafa case against him filed by the Department of Justice. Bases Conservation Development Agency had accused Sobrepeña for not paying their rental in the Camp John Hay. CJH DevCo serves as the developer of the former American bases started in 1998 and since then the company made a lot of developments to the area.

            The trial court found out that their is no probable cause to pursue the case against Sobrepena. This was the reason why they thrown the case. Aside from that, the DOJ practiced a selective prosecution when they single out Sobrepena in the case. They didn’t included all members of the board of directors of CJHDevCo. BCDA also agreed to defer the rental of Camp John Hay on their lease agreement. It means that the government agency agreed to delay the payment of the rental pay. But it doesn’t mean that the developer will not pay them. There is no logic about the argument of the BCDA who charged a case against Sobrepeña.

            Sobrepena’s camp really welcomed the decision of the trial court. They proved that the truth is on their side. For them, the estaffa case is just a harrasment to their chairman. Maybe his oppenents wanted to discredit him although he is doing his job very well. Because of CJHDevCo projects, they boosted the tourism in Baguio and they had also given livelihood to the local in that province.

            For suse, BCDA President Arnel Cassanova is not happy about the decision of the Pasay trial court. He firmly believed that Sobrepeña is not doing his obligation to the government. As a matter of fact, he wanted to kick out CJH DevCo in Camp John Hay. He even claimed that the they already won over the case in against them. So, they can takeover Camp John Hay. Of course, Sobrepeña believed that it was just demoralize their camp. He said that they will fight for their rights under the law. As for now, hey will just continue their business in Camp John Hay.