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.
