Thursday, April 9, 2015

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.