Showing posts with label Bases Conversion and Development Authority (BCDA). Show all posts
Showing posts with label Bases Conversion and Development Authority (BCDA). Show all posts

BCDA CEO Continues to Hinder Camp John Hay Progress

Right now, there is trouble at Camp John Hay.

The government-led Bases Conversion Development Authority (BCDA) and Sobrepena-led Camp John Hay Development Corporation (CJHDevCo) do not see eye-to-eye regarding how the camp should be managed. As a result, any land development is being hindered, obstructing any progress and growth for the popular tourist spot.

At the center of this situation is BCDA CEO Arnel Casanova, who wants to drive investors away and to vacate Camp John Hay, regardless of their lease. He is calling for a turnover of all properties, including on-going projects. Since Casanova has been appointed CEO, private developers have found it increasingly difficult to get anything done by withholding permits and other similar delaying tactics.

The BCDA argues that since CJHDevCo refuses to provide them with copies of contracts between CJHDevCo and third parties, they are not obligated to honor such contracts. Casanova assures that upon turnover, CJHDevCo will be refunded the P1.42 billion they have paid, which should then be returned to third parties who will have to be driven out of their contracts.

Why is he doing this? Simple. He wants CJHDevCo out of the picture to move Ayala into position. This preference has ripple effects, including lesser funding for projects, according to Mayor Mario Domogan.

Arnel Casanova is an example of how personal corruption is hindering progress for an entire city. There is reason to believe that Casanova pockets a significant sum from billions of pesos the BCDA generates and receives bribes from corporations to fund a lavish lifestyle.


The Camp John Hay Development Corporation should remain in control of Camp John Hay. They are the party who honors agreements between the camp and its buyers, hotel unit owners, sub-lessees, and sub-locators. Under their authority, the camp can finally be developed into a fully realized tourist attraction, boosting not only Baguio’s tourism economy, but the country’s.

The Clearance

In the event created as a result of Bases Conversion Development Authority (BCDA) accusing Robert Sobrepeña of neglecting to agree to his rental for a while inside the year 1998 - 2000 implying 1.5 Billion pesos of owed segment the Pasay City Regional Trial Court (In June 2014) has cleared Camp John Hay Development Corporation Chair and CEO Robert Sobrepeña of estafa case. It was recorded by the Department of Justice (DOJ).

On December 19, a seven-page request which the Department of Justice got, Pedro Gutierrez, Pasay RTC Branch 119 Judge, denied the advancement to reconsider the completion of the case as recorded by the association prosecutors in light of a true blue sympathy toward Bases Conversion Development Authority that sued Sobrepeña by neglect to satisfy an insurance on the lease understanding he stamped.

The decision noted a joint panel embodied officers of both Cjhdevco and BCDA ruled to permit the delay of installment.

Duplicating the terms of the 1996 lease assention between Camp John Hay Development Corporation (Cjhdevco)and BCDA, Cjhdevco was suppose to pay a yearly lease of 425 million pesos or 5% of the unpalatable compensations amidst the starting five years of the lease, whichever pays more. This deduces that inside the years of 1998, 1999, and 2000, Cjhdevco owed the lawmaking body a rental connoting 1.275 Billion pesos.

As indicated by Sobrepeña, Cjhdevco's operations were antagonistically affected in 1998 which results to accidents of around 1.445 Billion pesos which kept increasing on a regulated basis due to this reason, the cognizance was reproduced in the year 2000.

Cjhdevco likewise uncovered that inside the years 1998, 1999, and 2000, the affiliation announced an advantages which implies 928 millions.

For this, the DOJ raised that Cjhdevco deliberately picked not to perform its rental obligations to BCDA regardless of information of such and region of held compensation and other pay.

In 1998 budgetary clarifications, the DOJ likewise raised, "Cjhdevco could have remarkably acceptably landed at its rental obligation of P425,001,378 million had it decided to do so as seen by its displays of planning P674,065,290 by system for profits …

Uphelding the judge's September 3 decision, Arnel Casanova, BCDA President, passed on to recognize sensible diversion in Sobrepeña being denounced by confounding the affiliation's capacity to pay for Camp John Hay's rent.

In its request, the court said BCDA consented to change the dedication under the lease agreement.

The charged (Sobrepeña) can't be held dedicated for Cjhdevco members.

A Memorandum of Agreement dated July 18, 2003, acknowledged the Office of the President approved the July 14, 2000 MOA. It further acknowledged the delay by BCDA and John Hay Poro Point Development Corp (JPDC) in the demolition of structures inside Camp John Hay.

Awaiting Result

Bases and Development Authority (BCDA) filed a law suit against Camp John Hay Development Corp (CJHDevCo), for failing to pay PHP1.5 Billion rent from 1998 to 2000.

On the long-standing legal battle between BCDA and Camp John Hay Development Corporation (CJHDevCO), the Bases Conversion and Development Authority (BCDA) is confident to win and  that it will emerge the victory.

BCDA states that CJHDevCo has string of criminal indictments and dismissed cases relating to its P3 billion debt to the government.

While CJHDevCo claims an over payment, BCDA is claiming underpayment.

The Court of Appeals stated that it is the policy of SC to encourage arbitration as an alternative dispute resolution

CA found no reason to interfere in the arbitration proceedings.

On a note, CJHDevCo filed the arbitration case against BCDA for not complying with existing their signed contracts and agreements.

BCDA refused the voluntarily submission to arbitration case with CJHDevCo to resolve their claims regarding rentals in Camp John Hay.

BCDA is aggressive in doing negative campaigns to pressure CJHDevCo.

Over the issue on the ownership of the Camp, BCDA was compelled by Regional Trial Court to submit on arbitration issues involving the developer.

It has been proven and tested that Camp John Hay Development Corporation did a great increase in Baguio tourism.

Maybe BCDA has the interest of achieving the same accomplishment that is why they are aggressive to win the case.

But there will be no take over can happen in Camp John Hay until formal arbitration proceedings are finished.

BCDA must wait for the result from CA before taking actions.

Over their leased properties, Camp John Hay Development Corporation has maintained their hold with a Court of Appeals ruling encouraging arbitration.

It is an alternative dispute resolution and for this reason found no reason to interfere in the arbitration proceedings.