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Tuesday, February 24, 2015

The Facts


The BCDA was requested to return to CJHDevCo give or take Php1.42 Billion in rentals that it had paid to the BCDA. CJHDevCo was asked to return the Leased Property and turn it over to the BCDA with all enhancements that CJHDevCO had presented in that amid the term of the lease. BCDA was discovered to be in breach of their contract.  CJHDevCo was acquitted of obligation for the  Php3.3 Billion in back rentals that the BCDA had leveled against CJHDevCo.

They are pleased with the decision and they are awaiting our lawyers’ advise on its implementation.    It has always been their position that the trees in John Hay are the Camp’s most treasured assets. The pine trees are what has set John Hay unique among other destinations. The presence of these trees posed the greatest challenge to  their development plans as they believed these trees should not be cut. As a result, in  their resolve to not cut the trees, their development  footprint had been substantially reduced and so we had prayed to the Arbitral Panel that the lease contract with BCDA be reformed to reflect a reduced developed footprint and if this were not possible, then a rescission of the lease contract with damages paid to them, instead.

They hope that when they do  turn-over the Camp to BCDA after the Pl.42 billion award is paid to them, BCDA will take care of the 480,000 trees they will leave behind. When they took over the Camp in 1996, there were 250,000 trees in the Camp. During  their stewardship of the Camp, they planted 230,000 more trees. Thus, will eventually turnover Camp John Hay to BCDA, the camp would be in perfect environmental condition.

Rest assured that the rights and diversions of sub-tenants and sub- locators in Camp John Hay will be regarded and secured. The BCDA assented to all sub-rents inside the camp when it explicitly gave, in the lease assertion itself, CJHDevCo the privilege to sub-lease different zones and land stock in that. Surely, the lease contract in the middle of BCDA and CJHDevCo committed the last to assemble structures definitely for subletting to outsiders. The BCDA is likewise completely mindful that the different properties inside the camp were sub-let to different outsiders in accordance with some basic honesty.

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Makati, Philippines
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