[ manilastandardtoday.com ] January 26,2012
A regional trial court in Baguio City has stopped state-run Bases Conversion and Development Authority from taking over the facilities in the disputed Camp John Hay complex.
In her one page order, Executive Judge Iluminada Cabato of RTC Branch 59 said the court found sufficient evidence that Camp John Hay Development Corp. would suffer grave and irreparable injury if BCDA wrested control of the former US military rest and recreation center.
“The Court hereby orders the defendants Bases Conversion Development Authority to cease and desist, for a period of seventy two (72) hours only from date hereof, from committing any act tending to wrest control and/or possession of the leased property or any portions thereof, including improvements thereon, from Camp John Hay Development (Corporation), “ the order stated.
The directive was issued after CJHDevCo filed a complaint for mandamus compel BCDA’s compliance with its contractual obligations under the 2008 Restructuring Memorandum of Agreement, particularly the setting up of the so-called One-Stop Action Center at the John Hay Special Economic Zone.
The case will be raffled off on Jan. 27.
Alfredo Yñiguez III, CJHDevCo chief operating, said they have received reports that the BCDA and its affiliate John Hay Management Corp. were planning a physical takeover of camp facilities.
The alleged move is deemed an offshoot of the consortium’s refusal to settle its P581.5 million debt representing its arrears in lease rentals and interests.
CJHDevCo entered into a lease agreement with BCDA on Oct. 1996 to develop the 246-hectare John Hay Special Economic Zone into a tourism complex.
Yniguez said he has asked Baguio City Mayor Mauricio Domogan for help to avert the possibility of violent confrontation between the two parties.
CJHDevCo has filed a complaint for arbitration against the BCDA following its decision to rescind its 2008 Restructuring Memorandum of Agreement with the government body.
The consortium agreed to several concessions, including the assumption of prior rental obligations amounting to more than P2.69 billion and current rental of P150 million.
Camp John Hay, formerly called John Hay Air Station, is a former United States Air Force communications facility for the US military and their dependents. Dexter A. See and Ferdinand Fabella