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Monday, February 16, 2015

Arbitration settles Camp John Hay Drama

The Bases Conversion and Development Authority must pay CJH Development Corp. P1.42 billion in rentals the CJHDevco paid for over a decade, before Camp John Hay in Baguio City is returned to government.

The government-owned corporation's management might have not heard that the arbitration panel has ordered BCDA to return the rental payments made by CJHDevco since 1996. It’s not really that simple as what BCDA thinks that just because the court ordered it so. They of course should return the investment of the developer.

 The Arbitration Tribunal in upholding the position that CJH Development Corp. also stated that they do not owe any P3.3 billion back rentals to the Bases Conversion and Development Authority. Instead, it was the finding of the Tribunal that it is BCDA which now owes the, CJHDevco, P1.42 billion as reimbursement for all their rental payments since 1996. The BCDA said is studying its options on how the government can recover the P3.4-billion rent of Camp John Hay after the panel ordered CJHDevco to vacate the camp.

 Neither party can implement the award from the arbitration panel until a writ of execution is issued by the court because a writ of preliminary injunction is still enforced which is true. While waiting for the order, in the meantime, neither party can implement the Award, without an order confirming the same and a writ of execution being issued by the court.

The writ of preliminary injunction enjoining the BCDA from taking over Camp John Hay remains in full force and effect unless the court orders otherwise. CJHDevco and BCDA should follow the arbitration panel's order.

There is no doubt that Camp will be turned over to the BCDA after the P1.42 billion award is paid to us, BCDA will take care of the 480,000 trees we will leave behind.

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