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...