A LAWYER on Tuesday said that third-party interest should not be prejudiced by the recent outcome of the arbitration proceedings between the Bases Conversion and Development Authority (BCDA) and Camp John Hay developer Camp John Hay Development Corp. (CJHDevCo).
Lawyer Gilbert Reyes of Poblador, Bautista and Reyes Law Offices said during a media forum that the BCDA shoud also honor contracts with third parties for properties and businesses within Camp John Hay.
The Philippine Dispute Resolution Center Inc. (PDRCI) recently ordered the BCDA to pay CJHDevCo the amount of P1.5 billion, representing rental payments made by it to the BCDA since 1998.
The arbitration body also held that the BCDA is not entitled to the P3.3 billion that it is claiming against CJHDevCo allegedly representing unpaid rentals to the BCDA.
The BCDA, on the other hand, claimed victory and said that the arbitration committee ordered CJHDevCo to vacate Camp John Hay in Baguio City and return the property to the BCDA.
However, after the decision on the arbitration case was released on February 11, there were confirmed reports that the BCDA had attempted to forcibly take over Camp John Hay again, just as it has attempted in the past without a valid court order.
It was reported that this incident required the intervention of the mayor of Baguio, Mauricio G. Domogan, to prevent what could have otherwise been an unnecessary incident. “The [arbitration] decision does not affect third parties,” Reyes explained.
“An arbitration case is not like a court case; it is a case between parties alone and affects only the parties involved. We trust that even with the issuance of the award, the parties will act in ‘good faith’ and with due regard for the rights and interests of innocent third parties who are not involved in the dispute between CJHDevCo and the BCDA,” he added.
The arbitration case was filed by CJHDevCo against the BCDA, after the latter refused to accept CJHDevCo’s offer of payments and instead insisted on a payment from CJHDevCo of an alleged obligation of P3.3 billion for rental back payments.
The arbitration court ruled that the BCDA breached the contract between the BCDA and CJHDevCo when it failed to set up an agreed-upon One Stop Action Center that was supposed to speed up the processing of permits for the development of Camp John Hay.
The PDRCI decision also calls for undeveloped portions within Camp John Hay to be returned to the BCDA.
Joel R. San Juan
11 comments
Maciado maaga ang victory celebration niyo BCDA, hndi pa tapos,,
It’s however, good to have tribunal lawyers, but the uncertainties and losses of all concerned with this case are alarming and cannot be given proper transitions according to the tribunal court’s decision. Its merits for giving an award to Bases Conversion and Development Authority (BCDA) against Camp John Hay Development Corporation (CJH Dev Co) formed indefinite solutions which cannot obtain in peaceful endorsement.
The city government of Baguio must intervene this case for the good of the Camp John Hay and the people as a whole. What more can Arnel Casanova had done in the past, can be done in the future. His arrogance by not following the tribunal decision is manic in nature.
Each side are making its own legal findings for their present situations, it also creates additional problems being unfolded by both parties. Nevertheless, the investors and businessmen who had contracts with CJHDevCo before are in quandary for the on-going squabble of the two parties. The mayor of Baguio must find a way to mediate this case.
The leadership of Arnel Casanova of BCDA caused unnecessary tension and uncertainty, which is bad for tourism and for business in general. Baguio City needs more tourists to increase its government revenues to help its people. Positive image is needed for tourists to come.
BCDA caused the negative element in pushing up the development of Baguio City and its people. Moreover, his propaganda to pin-down Robert Sobrepena with this case, caused so many bad
elements in the name of the government. What a shame for you President!
Arnel Casanova forceful actions with nothing to be considered from the court or other leaders meant for his uncharacterized personality to manage the government institution. Nonetheless, his management-style is not for Camp John Hay development phase.
An arbitration case is not like a court case; it is a case between parties alone and affects only the parties involved. If this statement is true, then, both parties couldn’t reach a final agreement because BCDA President has the right to continue its claim against CJHDevCo.
An agreed-upon One Stop Action Center was blown into the air done by BCDA President which for sure, has its uses inside the camp. But this thing is just a dream now or nightmare because it caused hardships to all concerned.
CJHDevCo stand was that, under the law, CJHDevco is not required to turn over Camp John Hay until and unless the arbitration award is confirmed by the Regional Trial Court of Baguio in the form of Writ of Execution. So, it needs the participation of the city government which needed the fund for improvement.
Until such confirmation, neither the BCDA nor CJHDevco, much less sub-lessees are legally obliged to comply with its terms. Moreover, the termination of the original lease contract does not empower the BCDA to repeal the subleases to locators, since the BCDA has consented to subletting the real-estate developments found within the property, through its subsidiary, the John Hay Management Corp.