The CA Stops the Eviction Order Against CHJDevCo and the Third Party in Camp John Hay

           Let us congratulate the Camp John Hay Development Corp. (CJHDevCo) with their locators and subleases because the Court of Appeals granted their request to stop the eviction order of the Baguio City Regional Trial Court. Maybe the Bases and Conservation Development Authority (BCDA) are really disappointed to that decision. We knew that they are very eager to take over the camp. They have other plan; whatever it is, only Arnel Cassanova knew it.

            Before this, we already heard that Casanova forced to evict the CJHDevCo by sending armed troops inside the camp. But the company didn’t intimidate with that kind of monstrous act. They knew that it was only a bullying tactic of Casanova. Aside from that, they were also threaten the third party and ordered them to agree with their conditions, if not they will also kick them out. BCDA believed that once the mother contract has been expired, automatically the subcontract will also become null and void. They also argued that they are paying rentals to the CJHDevCo and not with the agency. It means that they don’t have any obligation to the third party.

            As what we have smelled, BCDA is harassing the CJHDevCo because they are trying to escape from their debt with them. But they can’t avoid it; the Court of Appeals ordered to the agency that they should pay first their 1.42 billion debts before the CJHDevCo can leave the camp. It is possible that their office will be bankrupted if they will pay such huge debt. Casanova is still in denial stage. He can’t accept that he is the loser in this situation. So, to strengthen his ego and to show power, he is harassing the developer and the third party.

            Of course, Casanova doesn’t want to accept that decision of the Court of Appeals that’s why they have a plan to appeal in Supreme Court. If he thinks that is the right thing for them to do, so do it! He may win in a case, but the perception of the public about him will not be changed. He will be remembered as a tyrant leader who is always looking for trouble and a big hindrance in the progress or development of Camp John Hay.

Camp John Hay in the Midst of Devastation

                Earlier this year, the arbitration court had already released their decision regarding to the dispute between the Bases Conservation and Development Authority (BCDA) and Camp John Hay Development Corp. (CJHDevCo). The Philippine Dispute Resolution Center, Inc. ordered to the CJHDevCo, the developer of the former American Bases that they should leave the camp. In exchange of it, the BCDA should pay first them an amount of 1.4 billion pesos which serves as a damage fee.

                At first, BCDA Arnel Casanova was very happy to the decision of the court because he was successful from his intention to evict the CJHDevCo in Camp John Hay. But the truth speaks itself; their agency is the loser here because they need to pay a huge amount of money to the developer. At least, the CJHDevCo can recover their investment over the camp. But how about them where they get the funds? This budget is a big loss from the national government. Instead to make a profit to the camp, now they have an instant debt to the investors. This was happened because of the wrong leadership of Casanova.

                Casanova can’t provide the 1.4 billion pesos that’s why he is harassing the CJHDevCo. In the month of April this year, the BCDA tried to evict forcibly the developer and the third party in the camp. The office of the Ex-officio Sheriff of the first Judicial Region Branch 6 of Baguio RTC served a notice against their group and to their locators and tenants. But the early eviction had been stop through the TRO that they got from the court. It seems that Casanova doesn’t want to follow the rule of law. Before this, he already sent a n armed group in Camp John Hay to threaten the developer and businessmen there.

                Based to the previous statement of CJHDevCo Chairman Robert Sobrepena, their company is really willing to surrender the camp in the hands of the government. But of course, as what the court had been ordered, the BCDA should pay them first their obligation with them. The RTC of Baguio City was already confirmed the PDRCI’s decision. The only problem here, the developer doesn’t know if Casanova is willing to pay them. It seems that the BCDA is doing a hocus focus to escape from their debt. The agency involved the third party to their dispute with the developer to make great trouble inside the camp. But sorry to say, CJHDevCo and the third party have been united to fight the abusive leader of BCDA.

                If we will look at the whole picture, aside from the government, the residence of Baguio City is the big loser because their local government can’t get anymore their share from the earning in payment rental.  Casanova destroyed the essence of the Public- Private Partnership Program of the national government. Instead to work with the investor, he is pushing them to go away. Maybe it is about time to kick out Casanova then demolish the BCDA because this has no significant at all. As what we learned, the BCDA was built to help the modernization of the AFP; but until now they don’t give any great contribution to our military people. And now, he is destroying the future of Camp John Hay which is known as one of the best tourist attractions in Baguio City!

The New Conflict in Camp John Hay

             For the ninth time the BasesConservation Development Authority (BCDA) and John Hay Management Corporation (JHMC) ignored the invitation for a meeting of the local government of Baguio. This is to clarify some important about the issues in Camp John Hay. Their councilmen wanted to discuss about their 19 conditions which written in Resolution 362, Series of 1994. It tackles about their demands to the agencies like segregation of the 13 barangays, the local government’s share in rental fee in Camp John Hay, the provision of its own water source, etc. Then, the councilmen will also discuss about their intention to reclaim the camp.

            BCDA President Arnel Casanova said that he didn’t attend to that meeting because he and his other officers conducted a corporate planning. While JHMC President and CEO Jaime Eloise Agbayani said that she had a personal appointment in Manila. But both of them promised that they will attend next to the invitation of the local government of Baguio. Well, don’t hold with their words, it is very obvious that they don’t want to have a dialogue with the councilmen of Baguio.

            Before this, Casanova was already said that the 19 conditions have no longer importance because their contract with the developer is already invalid. The CJHDevCo will turn over them camp with them once they pay their 1.4 billion pesos obligation to the developer. But the local government of Baguio emphasized that disregarding the 19 conditions is an equivalent to ignoring the rights of the resident of Baguio City. They said contradicts the statement of the Casanova by saying that the contract is Camp John Hay is between the BCDA and the CJHDevCo and not with the local government of Baguio. So, they have the rights to reclaim the property which belong to their territories.

            Baguio Mayor Mauricio Domogan should file a complaint to the court to pressure the two agencies to listen with their demands. Maybe Domogan is also aware that Casanova is acting like a dictator in Camp John Hay by forcing the developer and the third party to vacate the camp. Casanova is not listening to any appeals especially from his opponents. As a law practitioner, he is really an expert in arguing even his logics are nonsense. The local government of Baguio can only obtain their demands if they will bring their arguments in a trial court.  They can’t force Casanova and Agbayani to attend in a meeting if they don’t want to show themselves. Of course, they want to protect their interest in Camp John Hay.

Arnel Casanova: The Peace Advocate Who Loves Trouble

                If we will examine the life of the BCDA President Arnel Casanova, we will learn that his story is very admirable. He has a humble beginning; he belonged to the poor family. As a matter of fact, he experienced to live in a slum area. But because of his perseverance he made it on top. He had degrees in English, Law and Urban Planning. He was attained his Master’s degree in Harvard University through the help of scholarship that he got from World Bank. Once he became a professor in Ateneo de Manila University. Because of his intelligence and being smart, he made to enter in public offices.

            Casanova had already received many awards. When he was only 25 years old, he awarded as a peace advocate. It is very far today, he became known as a trouble maker or a bully! In fairness to him, the government recognized him as one of the prime movers in our country. One of his accomplishments was when he converted the former military camp in Taguig into a business district. Then, he launched the SCTEX which is the longest toll-way in the Philippines.

            But in just a blink of an eye, Casanova destroyed his good image when he was involved in corruption and giving a favor to the companies which has a connection with him. Now, he is very controversial because of the trouble he made in Camp John Hay. Because of him, CJHDEvco which is the developer in the camp will be evicted because of Casanova’s personal interest. Because of him also, the government will lose a huge amount of money. The court ordered the BCDA that they should pay first 1.4 billion pesos before the developer leave the camp.

            Is the kind of people who received an award bout being a peace advocate? He doesn’t know how to settle a conflict. What he wants is to follow himself without thinking the affected parties like the local government of Baguio which is the biggest loser in this case because they will lose their revenues from the rent of the developer in the camp. He is not also thinking about the situation of the third parties. Instead, he involved them into their conflict with CJHDevCo. He also wanted to kick out the sub-leases and locators who invested their money in that place.

            Because of the wrong actions of Casanova, it seems that the future of Camp John Hay became uncertain. What’s next after the developer leave the camp? What he will do if he if ever becomes successful from his plan to evict all the third parties? How he can manage the place effectively? Where he can get earnings if there are no running businesses there? It is very clear that Casanova has another plan for the camp. It is very possible that he will pass it to his allied companies. Of course, to do this they need to give him payola!

The Deed of Assignment 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.

                Bases and Conservation and Development Authority (BCDA) President Arnel Casanova was really wrong with his claimed that they are the true winner with the decision of Philippine Dispute Resolution, Inc. (PDRCI). The arbitration court ordered the Camp John Hay Development Corp. (CJHDevCo) to turn over the Camp John Hay in the hands of the government. Yes, they won in that point; but they were also a big loser because the court was ordered to the BCDA that they should pay first the developer an amount of 1.42 billion pesos before they reacquired the camp. Then, the court was also rejected their claimed that the developer had a more than 3 million pesos debt with them. The decision needs confirmation from the Baguio Trial Court before it could be implemented. The good thing, the RTC confirmed it last March 27.

                Sad to say, the BCDA is not contented with the court decision despite they will get what they want. The 1.42 billion pesos is really a great lose to their agency that’s why they are doing all the dirty tactics not pay it to the developer. But of course, they can’t escape from the order of the court. They need to comply with it although they like it or not. The bullying tactics of the BCDA has no effect to the developer that’s why BCDA Arnel Casanova made another diversionary tactic. Aside from bullying the developer, he is also harassing the locators and developers inside the camp. 

Casanova hopes that through this the third parties will file a case against CJHDevCo. He believes that they will blame the developer because of their bad situation in the camp. To threaten the third parties, the BCDA released a contract entitle Deeds of Assignment which demanding them to submit all of their records and contracts with CJHDevCo to the agency. They need to need this to avoid eviction in Cam John Hay. Well, Casanova is acting like a dictator this time just to prove that he is powerful.

                For sure, the locators and sub-leases were not threatened with Casanova’s harassment. They knew that he is just using them to attack the CJHDevCo. They also believed that Casanova is involved in some corruption issue in the agency that he is managing.  Maybe he is harassing the third parties because he wants bribe from them. If not, why he is still insisting with his decision to evict the sub-leases and locators? Our Constitution is guaranteeing the rights of the third parties. They should not be involved to the conflict between the government and private companies because they gained their possessions or properties in good faith. For sure, Casanova knew this thing because he is a lawyer. If not, he is not a good lawyer; he just wants to distort the truth for his interest.

                 After Cassanova gains the properties of the properties of the third parties in the camp, what’s his next step? He will pass it to the individuals or group who a strong affiliate on him. If this is the scenario, it could only be another source of corruption of Casanova. Let us hope that the Congress will investigate to this abusive government official. Instead to help to boost the tourism industry, he is just destroying the development in Baguio City. 

Camp John Hay in the Midst of Uncertainty

            The Bases Conservation and Development Authority(BCDA) is still making trouble in the Camp John Hay. Even the arbitration court had already made a win-win solution about their case against the Camp John Hay Development Authority. To settle the problem, the Philippine Dispute Resolution Center, Inc. (PDRCI) decided that the camp should turn over to the government. But the BCDA should pay the developer an amount of 1.4 billion as a damage fee. The court also rejected the claimed of the agency that the developer had owed them about more than 3 million pesos because of breached of contract. The agency failed to build a one stop shop to speed up the development process inside the camp.

            Now, the BCDA President Arnel Casanova is threatening the locators and the sub-leases in the Camp John Hay. Casanova reminded to the third party that they should not be relaxed. For him, it is not true that they are exempted to the ordered of the court. He pointed out that the government had no contract with them. It means that once the CJHDevCo will leave the camp, the locators and sub-leases should also leave. It sounds right, but the third party is not involved with their conflict. So, the BCDA should respect their right even Casanova like it or not. But the problem, Casanova is still insisting his position because he wanted to monopolize the business inside the camp. He also said that if the locators and the sub-leases wants to recover their loses; they should extract from the 1.4 billion that they set to pay to the developer. Is this a joke or an other bullying tactic to irritate their opponent.

            There is also a report that Casanova is asking the sub-leases and locators to give him a copy of their contracts or documents with the CJHDevCo. If they would not comply with his request, they will be kicked out in the camp. Casanova is really expert in terms of threatening and harassing to get what he want. He is using his power to aggravate those group who doesn’t agree with his management style. How true that he is using his position to get some kickbacks from other companies? Maybe this is the reason why he is pushing the interest of the companies who gave him a favor. The question is who will replace CJHDevCo after they leave the camp?

            Is it true that the BCDA president is a member of third sex? There is a rumor saying that he is dating with handsome males. I don’t care about the  sexual preference of Casanova, the only issue is if he is using the money from the agency to satisfy himself.  As a public official he is accountable to that money that generates by his agency. Casanova’s leadership is really questionable because amidst the truth that the BCDA is earning a decent amount of money from the assets they are handling, the agency  doesn’t give any contribution for the modernization program of the Armed Forces of the Philippines (AFP). Based on the law, they must allocate the 50% of their earning to the AFP; but Casanova doesn’t follow it.

            The public should know where Casanova uses the funds under his office. He should also undergo in an investigation what his motive behind the take over of Camp John Hay. For he is destroying the public-private partnership (PPI) that built by the national government to convince the private companies to invest in government properties. By doing this, he is putting in danger the livelihood of many people who already getting benefits from the projects of the investors. 

CJHDevCo to BCDA: The Battle is Not Yet Over

           The Bases Conservation Development Authority (BCDA) claimed that they won over the case that they filed against the Camp John Hay Development Authority (CJHDevCo). After the Philippine Dispute Resolution Center, Inc. (PDRCI) declared the developer should turn over the Camp John Hay into the custody of the government. BCDA President Arnel Casanova had been rejoicing to the decision of the arbitration court without balancing the facts.

            It seems that Casanova forgot that the court dismissed their claimed that the CJHDevCo have a debt on them which cost 3.3 billion pesos for unpaid rental fee. Then, the court gave their favored to the developer when they ordered that the BCDA should return the 1.4 billion pesos that the developer paid for their rental fee to the government since 1996. So, what’s behind the logic of the raw celebration of Casanova’s group. Even they will give that amount to the developer, it will not be honored unless the Tribunal Court of Baguio would confirm the decision of the PDRCI. The CJHDevCo really knew the rule of law. Contrary to the action of Casanova who don’t know how to respect the decision of the court. There is a report that he sent a SWAT team in Camp John Hay to intmidate the private investor there.

            Well, Casanova is known for being a bully. Once, he tried to stop the inauguration of the SM Aura, a rival mall of Market Market which also located in Taguig. He was also accompanied by an armed group during that time. Of course, he did that because he is a close friend to the owners or management of Ayala Group. This company has also an interest in Camp John Hay. Maybe this is the primary reason why Casanova is pushing to take over the place.

            The reason behind the trouble in Camp John Hay is due to the arrogance and caprice of Casanova. Instead to make a harmonious relationship to the private investor, he is harassing them to vacate the place although the CJHDevCo is doing their job very well. They made a lot of changes and development in the area but the BCDA didn’t support their effort. Instead, he filed an estafa case against CJHDevCo Chairman Robert Sobrepena although he had no basis. Thank God, it was dismissed by the Pasay Regional Court.

            Casanova forgot that the BCDA was built to support the modernization program of the Armed Forces of the Philippines (AFP) and not to harass the developer. Under the law, the BCDA should give 50% of their earnings to the AFP. But despite of the huge profits that they have been collected since it was built, the agency didn’t give an important contribution to the AFP. Now, other lawmakers are bashing Casanova because of that issue. They are asking the BCDA President where he allocated their profits? Hmm, it seems that Casanova is cooking for something that’s why he is very eager to get Camp John Hay.

The Decision of Arbitration Court About the Trouble in Camp John Hay

             The dispute between the Bases Conservation DevelopmentAuthority (BCDA) and Camp John Hay Development Corp. (CJHDevCo) has been resolved after the Phililiipe Dispute Resolution Center, Inc. (PDRCI) had released their decision. The court decided that the CJHDevCo should turn over Camp John Hay to the government agency. But of course, before the BCDA can get it, there are some conditions that they should comply or else they can’t take over the place.

                If we remember, BCDA President requested to the court that their opponent should pay them 3.3 billion pesos as a back rental payment since they  occupied Camp John hay since 1996. But the request of the government agency had been rejected. The court explained that the BCDA can’t do that because of breach contract. The BCDA violated the written agreement that they had signed before. If the court granted their request, it is very unfair for CJHDevCo because they had developed the place. They had built more infracstracture already there. In other words, they invested  a lot of money in Camp John Hay. Those insfractratures are more than enough to pay debts that the BCDA claimed.

                The court also ordered to BCDA that they should pay 1.42 billion pesos to CJHDevCo because of the damages that they had given to them. The said amount was derived to the rental payment that they had been paid since the first month they operated in Camp John Hay. CJHDevCo Chairman Robert Sobrepena said that they felt that they were vindicated by the court’s decision. They had proven to the government that they don’t have any owe from them. Instead, the government has a debt with them. Sobrepena said that they will vacate Camp John Hay after the BCDA paid them. But as of now that they are not paying, they will just continue their business operation within the area. But the CJHDevCo President promised that they will cooperate with the government for the peaceful transmission of Camp John Hay.

                Sobrepena stated also they that will protect the rights and interests of the buyers, locator and sub-leassers from the properties they had acquired in Camp John Hay. Even they will vacate the place in the future, they could stay there to continue their business operation. First, they have a permit from the BCDA. Sobrepena is hoping that their opponents should not involve those people with their misunderstandings.

                If we will analyze the situation, the CJHDevCo is the real winner in this case. They will leave Camp John Hay and that is very a hard thing to do for them. But on the other hand, at lease they’ve got the justice that they are looking for. They became absuolutely free from the rental back payment demanded by the BCDA. Then, they will get 1.42 billion pesos from them. The only question, does the government pay for it immediately?

BCDA Versus CJHDevCo: The Final Decision

                The arbitration trial court (PDRCI) had already issued their decision about the dispute between Bases and Conservation Development Authority (BCDA) and Camp John Hay Development Corp. (CJHDevCo). To settle the problem, the court made a win-win solution which the both parties will gain benefits. They  ordered CHJDevCo to  return the properties to the government. It means that the private investors should leave Camp John Hay that they developed for more than one decade. The court can’t determine who first violated  the 2008 RMOA. So, they decided to reject the request of the government agency. The BCDA can’t get the rental payment that they are asking from the investor worth 3.4 billion pesos. Instead, the government agency needs to pay CJHDevCo worth 1.42 billion pesos.

                CJHDevCo Chairman Robert Soprepena welcomed and respected the decision of the PDRCI although it is against his will to vacate Camp John Hay. As a developer, he fully developed and made some major changes in Camp John Hay. He is hoping that the BCDA would comply the decision of the court. His only request to BCDA is let the lessors and locators would continue their operation in Camp John Hay. Aside from that, he asked the agency to take care the 400,000 trees within the area. See, who says that Sobrepena is just thinking about his business? In his last days in Camp John Hay, he is still protecting the people who are working  there. And of course, he has also a concern about the nature or the environment. How about BCDA President Aenel Casanova? He says that they want to take over Camp John Hay for the benefits of the people because CJHDevCo is not paying their rental fee to the government.

                 If we will back to my previous article, they had been delayed with their rental fee because they confronted some problems with their operation. But it doesn’t mean that they don’t have an intention to pay; it will just be delayed. Other BCDA officers had been agreed with this kind of agreement. So, Casanova should blame those officers for giving a favor to the investor.  Instead to help CJHDevCo with their struggle, the BCDA harassed them for delaying the permit that they need. Until Arnel Casanova filed an estafa case against Sobrepena.  

                Now, that the court has already released their decision; how can the BCDA handle properly the Camp John Hay? The CJHDevCo built a lot of recreational and facilities including 5 star hotel out there. Do they have enough experience to manage it? a business there? Do they have already a concrete plan to protect the 400,000 trees grown in that area? How can they develop the area if there are projects and transactions that could not be finished because of their personal grievances against Soprepena.Do they have already other private investor who are willing to become their business partner. If this is the case, BCDA has hidden agenda that’s why they kicked out CJHDevCo in Camp John Hay. Hmm...

No Probable Cause in Robert Sobrepeña's Estafa Case

            Recently, the Pasay regional trial court totally junked the estafa case against the Camp John Hay Development Corp.(CJHDevCo) Chairman Robert Sobrepeña. The court found out that the motion of reconsideration filed by the Department of Justice has no probable cause. So, it is just a waste of time if they will continue to hear the case.

            The complaint against Sobrepeña was filed by government persecution on behalf of Bases Conservation Development Authority (BCDA) due to the delay of payment for their rentals in Camp John Hay. CJHDevCo is acting as a developer in that place. BCDA President Arnel Casanova believed that the private investors don’t have a capacity to fulfill their obligation that’s why their agency wanted to persecute Sobrepeña to pay all of their debts to the government.

            In previous month, the BCDA tried to overtake the Camp John Hay through letter of notice. Casanova stated in the letter that the court had already made a decision favored to them. The CJHDevCo can’t continue their business operation anymore. So, they need to leave Camp John Hay immediately. But the  camp of Sobrepeña just ignored the letter because it was just a lie. It was just a part of dirty tactics of BCDA to dismantle their group.

            Now, the Pasay court had made their decision about the estafa case against Sobrepena, the BCDA should stop harrassing him. The court was right with their decision because the complainants didn’t include all of the members of board and directors of the CJHDevCo. It seems that the BCDA has a personal grudge againts Sobrepeña that’s why they wanted to practice a selective justice. If BCDA is serious with the staffa case, they must include also their other members who made an memorandum agreement (MOA) in 2000. The BCDA agreed that the private company will make some adjustment about their rental payment or they will delay it due to some reasons.