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Court stops BCDA from taking over John Hay

By Edu Punay (The Philippine Star) Updated January 26, 2012 12:00 AM

MANILA, Philippines - The Bases Conversion and Development Authority (BCDA) has been prevented from taking over establishments, facilities and administrative offices of Camp John Hay Development Corp. (CJHDevCo), developer of Camp John Hay Special Economic Zone in Baguio City.

Baguio City regional trial court executive Judge Iluminada Cabato issued on Jan. 24 an order preventing the takeover.

In the one-page order, BCDA was directed “to cease and desist, for a period of 72 hours … 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 (Corp.).”

The RTC held that the complainant “would suffer grave and irreparable injury” if the BCDA is not enjoined from taking over CJHDevCo’s establishments, particularly the management of Camp John Hay Golf Club, the Manor Hotel, the Camp John Hay Suites Hotel, its administrative offices, as well as key utilities and facilities, including its water source.

The RTC likewise enjoined the BCDA and other persons claiming rights to the leased property, “including forceful occupation or ejectment from the leased premises and/or the award of the rights in the leased property to a new entity.”

CJHDevCo earlier filed a complaint for mandamus seeking to compel the BCDA to comply with its contractual obligations as stipulated under the 2008 “restructuring memorandum of agreement (RMOA), particularly the setting up of the so-called “One-Stop Action Center,” an effective mechanism that would facilitate development of the John Hay Special Economic Zone (JHSEZ).

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