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Monday, November 17, 2014

John Hay developer warns BCDA vs illegal takeover

THE tug-of-war between government and the private sector continues Camp John Hay in Baguio is still caught in that war.
Chairman and chief executive officer Robert John Sobrepeña said CJHDevCo expected to subsequently receive the 247-hectare property, clean and free to commence development, together with the necessary Environment Compliance Certificate (ECC).

However, a dispute arose after the BCDA failed to handover “clean” possession of 32 hectares of the most suitable area for development of the 247-hectare leased property.Despite the BCDA breaches, CJHDevCo paid another P425 million in lease payment in 1997.
Camp John Hay Development Corp. (CJHDevco) executive vice president Alfredo Yñiguez said the Bases Conversion and Development Authority, (BCDA ) has been misleading locators and shareholders when it issued a Notice to Investors on Nov. 1, claiming the CA had lifted the injunction against BCDA, making it appear the private developers are no longer in charge.
When in fact the writ of preliminary injunction issued by the Baguio regional trial court (RTC) against the BCDA remains in effect while the decision of the CA is not yet final. It is a fact that the arbitration case in Singapore has not yet been settled
The Court of Appeals had asked both parties to submit themselves to the arbitration tribunal.
It is expected that BCDA will observe and respect the legal process and restrain itself from any attempt of an illegal takeover of  Camp John Hay. Any such attempt is clearly illegal and criminal, in a letter to BCDA president Arnel Casanova last Nov. 7. By Mr Yñiguez
 There is a material breach by the government, through BCDA, of its contract with CJH Development Corporation. This is a similar case with other contracts entered into by government wherein during the existence of the contract, they unilaterally decide to make changes or abrogate certain provisions even if it was already consummated.
, Camp John Hay Development Corp., Robert John Sobrepeña,

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